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Home My WebLink About20010650 /t WELD COUNTY CODE ORDINANCE 2001-1 IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 19 COORDINATED PLANNING AGREEMENTS; CHAPTER 23 ZONING; CHAPTER 24 SUBDIVISIONS; CHAPTER 26 MIXED USE DEVELOPMENT; AND CHAPTER 27 PLANNED UNIT DEVELOPMENT, OF THE WELD COUNTY CODE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO: WHEREAS, the Board of County Commissioners of the County of Weld, State of Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners, on December 28, 2000, adopted Weld County Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld, including the codification of all previously adopted ordinances of a general and permanent nature enacted on or before said date of adoption, and WHEREAS, the Weld County Code is in need of revision and clarification with regard to procedures, terms, and requirements therein. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County of Weld, State of Colorado, that certain existing Chapters of the Weld County Code be, and hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as listed below. CHAPTER 19 COORDINATED PLANNING AGREEMENTS Replace Exhibit 19-C to reflect Urban Growth Boundary areas consistent with the adoption date of this Ordinance. CHAPTER 23 ZONING Minor Change#1: Add 23-2-940. General Requirement for Collateral - The policy on Collateral as outlined in Section 2-3-30 of this Code shall be followed. Amend 23-2-730.G: An Improvement Agreement According to Policy Regarding Collateral for Improvements. This form is provided by the Department of Planning Services and shall adhere to the procedure as outlined in Section 2-3-30 of this Code. The applicant must complete this form to show the improvements that the applicant is required to construct and the type of collateral which will guarantee installation of improvements. . . Minor Change#2: Amend 23-2-20.B.6.b and 23-2-210.B.6.b - Add "or Intergovernmental Agreement" to the end of the sentence. 2001-0650 ORD2001-1 RE: ORDINANCE NO. 2001-1 PAGE 2 Amend 23-2-20.B.7 - Prepare staff comments for use by the Planning Commission addressing all aspects of the application, its conformance with Chapter 22 of this Code, and the Comprehensive Plan or MASTER PLAN of affected municipalities, Intergovernmental Agreements, sound land USE planning practices, comments received from agencies to which the proposal was referred and standards contained in this Chapter. Add 23-2-40.D. The Board shall participate in the formation of an Intergovernmental Urban Growth Boundary Agreement with all willing municipalities. Amend 23-2-130.C.3 - Find that the proposed amendment will be consistent with the future goals and needs of the COUNTY as set out in Chapter 22, Intergovernmental Agreement of the affected municipality, and any other applicable code provision or ordinance in effect. Amend 23-2-160.0 - A statement explaining that the USE conforms to Chapters 10 and 26 of this Code and any applicable County ordinance which calls for a Site Plan Review, with is compatible with the existing or future development of the surrounding areas as permitted by the existing zoning and with the future development of the area as projected by the Comprehensive Plan or Master Plan of affected municipalities and any Intergovernmental Agreement. Such USE shall adhere to the following operation standards, to the extent that they are affected by location, layout and design prior to construction and operation. Once operational, the operation shall conform to the standards listed below: Minor Change #3: Fixed during codification process. Minor Change #4: 23-3-40.A through E. (Request to re-alphabetize existing numerical sub- sections was not completed.) Add three additional uses. A. Mineral resource development facilities including: 1. OIL AND GAS STORAGE FACILITIES. 2. OIL AND GAS SUPPORT AND SERVICE. 3. Open pit MINING and materials processing, subject to the provisions of Article IV, Division 4 of this Chapter. 4. Asphalt and concrete batch plants. 5. Coal gasification facilities. 6. MINING or recovery of other mineral deposits located in the County, subject to the provisions of Article IV, Division 4 of this Chapter. B. Agricultural Service establishments primarily engaged in performing agricultural, animal husbandry or horticultural services on a fee or contract basis, including: 1. Sorting, grading and packing fruits and vegetables for the grower. 2. Grain and/or feed elevators. 3. Crop dusting or spraying operations facilities (includes hangars, landing trips, fertilizer storage facilities, insecticide storage facilities, fuel storage facilities and OFFICES ACCESSORY to the crop dusting or spraying operation). 4. Farm equipment sales, repair and installation facilities. 2001-0650 ORD2001-1 RE: ORDINANCE NO. 2001-1 PAGE 3 5. Veterinary clinics or hospitals. 6. Grain and feed sales. 7. Commercial grain storage and drying. 8. Fertilizer storage, mixing, blending and sales. 9. Seed production, processing, storage, mixing, blending and sales. 10. Animal training and boarding facilities. 11. Alcohol production exceeding ten thousand (10,000) gallons per year or the sale or loan of alcohol occurring to any other person not involved in the alcohol production operation. 12. Animal waste recycling or processing facilities. 13. Custom meat processing. 14. LIVESTOCK sale barns and facilities. 15. Forage dehydration facilities. 16. LIVESTOCK CONFINEMENT OPERATIONS. 15. Rodeo Arenas, Commercial. 16. Roping Arenas to include both indoor and outdoor arenas. C. Recreational facilities and USES including: 1. Race tracks and race courses. 2. DRIVE-IN THEATERS, subject to the provisions of Section 23-4-410. 3. Golf courses. 4. Shooting ranges, subject to the provisions of Section 23-4-370. 5. Guest farms and hunting lodges. 6. Fairgrounds. 7. PUBLIC, commercial or private tent or RECREATIONAL VEHICLE camping areas. 8. RECREATIONAL FACILITIES such as water skiing lakes, dirt bike race courses, for example,that are used as public or private COMMERCIAL RECREATIONAL FACILITIES. D. Public Utilities facility, including: 1. Equipment storage or repair facilities, subject to the provisions of Section 23-4-420. 2. Storage tanks, subject to the provisions of Section 23-4-420. 3. MAJOR FACILITIES OF PUBLIC UTILITIES OR PUBLIC AGENCIES, subject to the provisions of Section 23-4-420. E. PUBLIC and quasi-PUBLIC BUILDINGS including: 1. Churches. 2. Private SCHOOLS. 3. Administrative OFFICES or meeting halls for agricultural organizations. Minor Change #5: Amend 23-3-160.L.1.g - Commonly owned or utilized BUILDINGS which are accessory to the park site shall have a minimum clearance of ten (10) feet from any other STRUCTURE or MOBILE HOME. Amend 23-3-40.M - MULTI-FAMILY DWELLINGS for persons PRINCIPALLY customarily employed at or engaged in FARMING, RANCHING or GARDENING. Amend 23-3-20.T -ANIMAL BOARDING and animal TRAINING FACILITIES where the maximum number of ANIMAL UNITS permitted in Section 23-3-50.D below is not 2001-0650 ORD2001-1 RE: ORDINANCE NO. 2001-1 PAGE 4 exceeded and where the vehicular traffic generated by the boarding activity is less than sixty (60) trips per day to and from the property. Amend 23-2-470.F.2 - Maintain the elevation and floodproofing certifications required in Section 29-2-100 of this Code. Add last sentence to 23-6-20.C, 23-6-30.C; 23-6-40.C; 23-6-50.O.1. The Board of Adjustment decision shall be based upon the interpretation of Chapter 23 of this Code. Minor Change #6: Add 23-2-200.G. Any decrease in the land mass occupied by a Use by Special Review shall qualify the landowner to be able to request a partial vacation of the Use by Special Review from the Board of County Commissioners, permitting the following: 1. The subject property under consideration for a partial vacation of the Use by Special Review has received permission to release the property from the permit from applicable Weld County and State agencies. An example would be the release of a portion of a gravel mining operation from the Division of the Army Corps of Engineers at the completion of the reclamation activities on the subject property. Evidence of such release shall be provided to the Department of Planning Services with the request to vacate such portion of the property. 2. This process does not create separate parcels. 3. To obtain a partial vacation of the Use by Special Review permit, the applicant shall: a. Submit a letter to the Department of Planning Services requesting the partial vacation. b. Submit a revised map to the Department of Planning Services illustrating the vacated portion of the property and the existing permit. 4. Upon determination of compliance with"the original Use by Special Review permit and all applicable applications, the Zoning Ordinance and the Building Code by the Department of Planning Services the applicant shall be granted a partial vacation of the Use by Special Review permit. 5. Once approved, the applicant must submit a plat conforming to Section 24.7.4 of the Code. This plat shall illustrate the vacated portions of the property/operation. The plat shall contain two vicinity maps. The first shall illustrate the use boundary prior to the partial vacation. The second shall illustrate the use boundary after the partial vacation. Minor Change #7: Add 23-2-260.B.12, 23-2-50.B.12, 23-2-160.X. The applicant shall provide the Department of Planning Services with a certificate from the County Treasurer showing no delinquent taxes for the parcel area. Add 23-2-260.A.12, 23-2-370.D.2.j, 23-4-260.G.11, 23-2-50.6.13, 23-2-160.Y. The applicant shall submit to the Department of Planning Services a copy of an agreement with the mineral owners associated with the subject property. Such agreement shall stipulate that the oil and gas activities on the subject property have been adequately incorporated into the design of the site, OR shall provide written evidence that an adequate attempt has been made to mitigate the concerns of the mineral owners on the subject property. 2001-0650 ORD2001-1 RE: ORDINANCE NO. 2001-1 PAGE 5 Add 23-2-260.A.8, 23-2-370.D.2.k, 23-4-260.G:12, 23-2-50.B.14,23-2-160.Z. The applicant shall submit to the Department of Planning Services a copy of an agreement with the owner of any ditch located on or adjacent to the site, OR shall provide written evidence that an adequate attempt has been made to mitigate the concerns of the ditch owners. The agreement shall stipulate that ditch activities have adequately been incorporated into the,design of the site. Minor Change #8: Delete 23-2-160.W.2 and 23-2-160.W.3 2. A photo Mylar copy of the original ink drawing may be submitted. The material shall be at least three (3) mils or greater in thickness. 3. The plat submitted will contain the original signatures and scab of all parties required to sign the plat. If a photo Mylar copy is submitted, the original signatures and seals shall be contained thereon. Add second sentence to 23-2-160.W.1. The plat shall bear original signatures and seals in permanent black ink. Minor Change#9: Add 23-2-160.W.6.c. Easement Certificate example: This certificate shall be used when any easement crosses any of the proposed lots of the Site Plan Review. The plat shall also identify the benefitted lot and purpose of the easement. I (we) do hereby dedicate, for the benefit of the property(ies) shown or described hereon, easements for the purposes shown or described hereon. Signature Signature Substantial Change #1: Add new definitions and amend certain definitions in 23-1-90. Add AGRICULTURAL EXEMPT BUILDING: BUILDINGS or STRUCTURES in the A (Agricultural)Zone District designed and constructed to house farm implements, hay, grain, poultry, LIVESTOCK, or other horticultural products. This structure shall not be a place of human habitation or a place of employment where agricultural products are processed, treated, or packaged, nor shall it be a place used by the public. Add BUILDING ENVELOPE: The two-dimensional space within which a structure(s) is permitted to be built on a lot. Add CLUSTER A residential development technique that concentrates individual lots on part of the site to allow the remaining land to be used for recreation, common open space, and the preservation of environmentally-sensitive features such as wildlife habitat, riparian zones and agricultural lands. If a CLUSTER development is proposed on agricultural lands, the land shall be currently used or capable of being used for agricultural production such as farming and ranching operations for the next forty (40) years. The intent of the A (Agricultural) Zone District as outlined in Chapters 22, 23, 24, and 27 of the Code, including the Right to Farm Covenant, shall be met. A CLUSTER development may be,used in URBAN and NON-URBAN AREAS. 2001-0650 ORD2001-1 RE: ORDINANCE NO. 2001-1 PAGE 6 Add CONSERVATION`EASEMENT: The grant of a property right stipulating that the described land will remain in its natural state and preclude future or additional development. The easement removes the development rights to the land, but the landowner still holds the title to the property, the right to restrict public access, and the right to sell, give,or transfer ownership of the property. Add DOUBLE FRONTAGE: A lot that fronts upon two parallel streets, or a lot that fronts upon two streets that do not intersect at the boundaries of the lot. A DOUBLE FRONTAGE LOT is often referred to as a Through Lot, as illustrated below. 0LOGK IT ■OOMTNI� �- \ GONMIR. I INTatOlIIL IVT LOT \ LIT F enew aspaNda O.r • . I IT LOT `�D•fIT'N / I Ca low L.._.. / I `T I Lin W,Oti � WIOTN 1!1'-Ytr GOL I VGt� LOT I F-2r cras.r I • • . •—•�- — LOT LINR� l I — &LOCK. DOUMOARY Amend LIVESTOCK: Cattle, bison, mules, burros, llamas, alpacas,ostriches, elk, horses, swine, sheep, goats, poultry and rabbits. 2001-0650 ORD2001-1 RE: ORDINANCE NO. 2001-1 PAGE 7 Note: With this definition change, revision to the three tables under definition of Animal Units is necessary, as follows. Table 23.1A Animal Units in the A(Agricultural) Zone District Number of Animals Maximum Equivalent Number Animal Unit to one Per Equivalents Animal Unit Acre Cattle 1 1 4 Bison 1 1 4 Mule 1 1 4 Ostrich 1 1 4 Elk 1 1 4 Horse 1 1 4 Swine .2 5 20 Sheep .1 10 40 Llama 4 4 4 .1 10 40 Goat .1 10 40 Alpaca .075 13 52 Poultry .02 50 200 Rabbit .02 50 200 Table 23-1 B Animal Units in the E (Estate) Zone District Number of Animals Maximum Equivalent Number Animal Unit to one Per Equivalents Animal Unit Acre Cattle 1 1 1 Horse 1 1 1 Swine 1 1 1 Mule 1 1 1 Burro 1 1 1 Sheep .5 2 2 Goat .5 2 2 Llama 4 4- .1 10 10 Alpaca .075 13 13 Poultry .04 25 25 Rabbit .04 25 25 2001-0650 ORD2001-1 RE: ORDINANCE NO. 2001-1 PAGE 8 Table 23-1C Animal Units in the R-1 (Low-Density Residential) Zone District Number of Animals Maximum Equivalent Number Animal Unit to one Per Equivalents Animal Unit Acre Cattle 1 1 2 Horse 1 1 2 Swine 4 4 4 .2 5 10 Sheep .5 2 2 Goat .5 2 2 Poultry .04 25 25 Rabbit .04 25 25 Add sentence to MOBILE HOME: A MOBILE HOME shall not be used as an AGRICULTURALLY EXEMPT BUILDING or as a TEMPORARY STRUCTURE for storage. Add MOBILE HOME: (This definition applies only to MOBILE HOMES when used in the administration of a Flood Hazard Overlay District Development Permit or the Flood Hazard Overlay District.) A MOBILE HOME shall be required to have a permanent engineered foundation and be used as an Accessory to the Farm. The elevation of any interior grade of a crawl space or the top of the floor in any basement, walk-out, etc. must be one (1) foot above the Base Flood Elevation. Add MOBILE HOME PAD: (This definition applies only to MOBILE HOME PADS when used in the administration of a Flood Hazard Overlay District Development Permit or the Flood Hazard Overlay District.) A MOBILE PAD is not allowed. Add PRINCIPALLY EMPLOYED or PRINCIPALLY ENGAGED: This definition applies to an employee who is PRINCIPALLY EMPLOYED at or PRINCIPALLY ENGAGED in the employment activities occurring on the subject property. This subject property shall be under review for a Zoning Permit for a Mobile Home to be used as a TEMPORARY ACCESSORY Farm use, or for activities and USES as a Use by Special Review. The USE of the MOBILE HOME shall be substantiated by verification of employment necessary to the operation of the site where the MOBILE HOME is located. Such verification shall consist of tax records, employment agreements, or other documentation as determined suitable by the Department of Planning Services. Such verification shall substantiate the need for the employee and on-site living quarters to the operation of the Agricultural Land USE. Amend NON-URBAN SCALE DEVELOPMENT: Developments comprised of five (5) eight (8) or fewer residential lots, located in a non-urban area as defined in Chapter 22 of this Code and current Intergovernmental Agreements, not ADJACENT to other PUDs, subdivisions, municipal boundaries or urban growth corridors. NON-URBAN SCALE DEVELOPMENT shall also include land used or capable of being used for agricultural 2001-0650 ORD2001-1 RE: ORDINANCE NO. 2001-1 PAGE 9 production and including developments which combine clustered residential uses and agricultural uses in a manner that the agricultural lands are suitable for framing and ranching operations for the next forty (40)years. NON-URBAN SCALE DEVELOPMENT on PUBLIC WATER and septic systems shall have a minimum lot size of one (1) acre and an overall density of two and one-half (2'/2) acres per septic system. NON-URBAN SCALE DEVELOPMENT proposing individual, private wells and septic systems shall have a minimum lot size of two and one-half(21/2) acres per lot. A NON- URBAN SCALE PUD preserving a minimum 80-acre agricultural out-lot may be located adjacent to other NON-URBAN SCALE PUD's which also preserve a minimum 80-acre agricultural out-lot. Amend RECREATIONAL VEHICLE: A transportation STRUCTURE or self-propelled vehicle with or without flexible, removable or collapsible walls and partitions designed to be used as a dwelling for travel, recreation or vacation USES and not exceeding cight (8) feet in width or thirty-two (32) fect in length. The term RECREATIONAL VEHICLE shall include: motor home, camper bus and travel trailer, but shall not include pickup trucks with camper shells that do not extend above the cab of the truck. For the purpose of this Chapter Code, a RECREATIONAL VEHICLE shall be subject to all requirements and restrictions for MOBILE HOMES as provided in this Chapter when its placement is intended for non-transient residency. A RECREATIONAL VEHICLE shall not be used for TEMPORARY Storage, TEMPORARY ACCESSORY Farm USE, TEMPORARY ACCESSORY USE During a Medical Hardship, TEMPORARY ACCESSORY USE as an OFFICE, or as a Principal DWELLING UNIT. Add REVERSE FRONTAGE: A through lot that is not accessible from one of the parallel or nonintersecting streets upon which it fronts. • I 1 V nr}3 ____—- — I 0 < I n Q -I " SINGE/•FAM,c4 1 dHsni/g Y F .J I }. • - (near I-OTS) I. ( .II i --___----- <0 ki -I g 1 • � < PLAN OW Frsr._s` 24 No Accass 2001-0650 ORD2001-1 RE: ORDINANCE NO. 2001-1 PAGE 10 Amend SCREENED: Add as the last sentence -A SCREENING plan shall be submitted and approved by the Department of Planning Services. Amend SETBACK: Add as the last sentence - Road classifications and applicable right-of-way requirements are found in Article VII, Chapter 24 of this Code. Add SIGN: A SIGN is any object,device, display, or structure, or part thereof, situated outdoors or indoors, and is used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, event, or location by any means. A SIGN is any writing (including any combination of a letter, word or number), pictorial representation (including illustration, figures, design, colors, symbols or declaration), product, form (including shapes resembling any human, animal or product design that conveys a recognizable meaning, identity or distinction) or any part thereof or is written, painted, projected upon, illuminated, printed, designed into, constructed or otherwise placed on or near a building, board, plate or upon any material object or device whatsoever, which by reason of its form, location, manner of display, color, working, stereotyped design or otherwise attracts or is designed to attract attention to the subject or to the premises upon which it is situated, or is used as a means of identification, advertisement or announcement. Add SIGN, FLUSH WALL: A FLUSH WALL SIGN is any sign attached to,painted on, or erected against the wall of a building in such a manner that the sign face is parallel to the plane of the wall and is wholly supported by the wall. Banners, canvas or any other similar material may be used for this type of sign only if the material is securely attached directly to the building fascia or to a rigid sign structure in a manner which prevents the material from flapping, waving or otherwise moving. Amend STRUCTURE: Anything that is built, constructed or erected, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, but not including fences or walls used as fences less than six (6) fect in height, poles, lines, cables or distribution facilities of public utilities. Semi-trailers as defined in Section 42-1-102(70), C.R.S., situated as TEMPORARY or permanent storage units, not safe or not operable or illegal to be used on public road rights-of-way, which are not licensed, shall be considered STRUCTURES in accordance with this definition, shall comply with requirements set forth in this Chapter, including required zoning SETBACKS and OFFSETS, and shall be installed in accordance with the requirements set forth in Chapter 29 of this Code. Add SUPEREVELATION: The raised portion of highway above the normal cross slope to prevent a vehicle from sliding outward, or counteracting all the centrifugal force of a vehicle traveling at an assumed speed. Add TRAINING FACILITY: A facility in which domestic animals or LIVESTOCK not owned by the property owner are trained. Add TRAVEL WAY: That portion of the roadway for movement of vehicles, exclusive of shoulders and auxiliary lanes. 2001-0650 ORD2001-1 RE: ORDINANCE NO. 2001-1 PAGE 11 Amend URBAN SCALE DEVELOPMENT DEVELOPMENTS exceeding five (5)eight (8) lots and/or located in close proximity to existing PUD's, subdivisions, municipal boundaries or urban growth corridors and boundaries. All URBAN SCALE DEVELOPMENTS shall pave the internal road systems of the DEVELOPMENTS. URBAN SCALE DEVELOPMENT requires support services such as central water and sewer systems, road networks, park and recreation facilities and programs, and storm drainage Substantial Change#2: Amend 23-4-130. No MOBILE HOME may be located or relocated in the County after August 25, 1981, except in accordance with this Division, including the issuance of any zoning permit which may be required by this Section. Each MOBILE HOME located or relocated in the County after said date must have a BUILDING permit for a MOBILE HOME issued pursuant to Chapter 29 of this Code. An application for any zoning-or building permit for a MOBILE HOME required by this Division shall include the following: A. Name, address and telephone number of the applicant. B. Name, address and telephone number of the owner of the land if different from Subsection A above. C. Evidence of interest in the subject land held by the applicant if the applicant is not the owner of the land. D. A legal description of the property for which the application is made. E. Number of acres of the property. F. A sketch plan of the site at the scale of one (1) inch represents fifty (50) feet or other suitable scale to show: 1. The proposed location of the MOBILE HOME, including distances from the property LOT lines and other STRUCTURES on the property. 2. Access to the MOBILE HOME indicating whether the access is existing or proposed. 3. Location and measurements or any easements or rights-of-way. 4. Amount of road frontages. 5. Identification of any county, state or federal roads or highways. 6. Existing STRUCTURES on the property. G. Methods of disposal of sewage or other wastes in compliance with the requirements of the Colorado Department of Health and the County Department of Public Health and Environment, except for applications for TEMPORARY storage of a MOBILE HOME under Section 23-4-160 below or for ACCESSORY STRUCTURE under Section 23-4-210 below. H. Methods of supplying water in such a manner as to be adequate in quality, quantity and dependability for the proposed use, except for applications for TEMPORARY storage of a MOBILE HOME under Section 23-4-160 below or for ACCESSORY STRUCTURE under Section 23-4-210 below. An application fee. Each request for a renewal or extension of a TEMPORARY permit shall also be accompanied by the appropriate application fee. J. #tThe requirements of this Division Section 43, MOBILE HOMES require the applicant to apply to the Board of County Commi33ioncr3 for a permit, tl applicant shall provide a certified list of the names, addresses and the corresponding Parcel Identification Number assigned by the County Assessor of the owners of property (the surface estate) within five hundred (500) feet of the property subject to the application. The source of such list shall be the records 2001-0650 ORD2001-1 RE: ORDINANCE NO. 2001-1 PAGE 12 of the County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records or from the records of the County Clerk and Recorder. If the list was assembled from the records of the County Assessor, the applicant shall certify that such list was assembled within thirty (30) days of the application submission date. K. A petition with at least seventy percent (70%)of surrounding property owners within five hundred feet(500') of the subject property supporting the location of the MOBILE HOME. L. Completed Building Permit appllication for a MOBILE HOME. Amend 23-4-140. MOBILE HOMES are allowed in the A (Agricultural) Zone District for the following USES upon the issuance of the appropriate zoning or BUILDING permits according to the following requirements set forth in Sections 23-4-150 through 23-4.210 below. All temporarily-permitted MOBILE HOMES shall be blocked and tied pursuant to the requirements of Chapter 29 of this Code. Amend 23-4-150. A zoning permit for the USE of a MOBILE HOME or RECREATIONAL VEHICLE as a TEMPORARY DWELLING UNIT during the construction of a permanent DWELLING UNIT on the same LOT in the A Zone District may be issued by the Department of Planning Services subject to the following provisions: Amend 23-4-180.A. A-One zoning permit for the TEMPORARY use of a MOBILE HOME during a medical hardship on a lot in the A (Agricultural) Zone District, in addition to the principal dwelling unit, may be issued by the Department of Planning Services upon a determination that: Amend 23-4-200.B. A maximum of Only one (1) zoning permit for a MOBILE HOME as a principal DWELLING UNIT shall be issued for each LEGAL LOT in the A (Agricultural) Zone District in the County. No more than two MOBILE or MANUFACTURED HOMES may be connected or physically attached as a DWELLING UNIT. All requirements of Chapter 29 of this Code shall be met. Delete 23-4-210. One (1) MOBILE I IOME used as an accessory STRUCTURE in the A Zone District, for the purpose of storing goods inside the unit, may be permitted upon a determination by the Department of Planning Services that: A. Electricity is the e,dy utility which will be connectcd to the MOBILE I IOME. B. The MOBILE I IOME will not be used on any basis as a DWELLING eras overnight or TEMPORARY I .vrai irpoir. C. The applicant has demonstrated that no reasonable alternative-exi.tstwa;,ns the MOBILE I COME as an accessory STRUCTURE. D. A maximum of one (1) MOBILE I IOME used as an accessory STRUCTURE may be on a LEGAL LOT at any one timc. C. The applicant must obtain a BUILDING permit for the MOBILE I COME a1 It} comply with the installation standards of Chapter 29 of this Code. F. The Department of Planning Services shall makc ita dctcrmination in the issuance of a BUILDING permit for a MOBILE I IOME used as an accessory STRUCTURE on the basis of a signcd statemcnt by tl c-appli,a,it it tat H conditions of Subsections A through E above are met, upon information 2001-0650 ORD2001-1 RE: ORDINANCE NO. 2001-1 PAGE 13 contained in the application, and upon independent evidence as may be available or which the staff may reasonably require. G. A zoning permit for more than one (1) MOBILE I IOME in the A Zone District used as an accessory STRUCTURE may be issued by the Department of Planning Services upon a determination that the criteria of Subsections A through E above and Section 23-4-230 B of this Division are met. If the applicant is not able to meet the criteria stated in Section 23-4 230 B, the zoning permit may be issued only upon approval by the Board of County Commissioners. The Board of County Commissioners shall review the application for compliance with the criteria set out in Subsections A through E above at a regularly scheduled mecting of the Board. The Board of County Commissioners shall give notice of tht.-4ppii 611 rk• „J tl meeting date to those persons listed in the application as owners of property located within five hundred (500)feet of the parcel under consideration. Such notification shall be mailed, first class, not less that ten (10) days before the ig. Duch notice is not required by state statute a. J-is-p uvkicd as a courtesy to surrounding property owners (the surface estate). Inadvertent errors by the applicant in supplying such list or the Department of Planning Services in sending such notice shall not create a jurisdictional defect in the permit process, even if such error results in the failure of a surrounding property owner to receive such notification. The Department of Planning Services shall post a sign for the applicant on the property in question indicating that a MOBILE I IOME has been requested for the property, the meeting date and telephone number where further information may be obtained. The sign shall be posted at least ten (10) days prior to the meeting date. The Board of County Commissioners shall consider any testimony of suer uundu'g-p.vperty ici concerning the effects of the accessory STRUCTURE MOBILE I IOME on the surrounding properties. In addition, the Board shall consider compatibility of the accessory STRUCTURE MOBILE I IOME with the surrounding area, harmony with the character of the NEICHBORI IOOD, its effects upon the immediate area, and the general health, safety and welfare of the inhabitants of the area and the COUNTY. I I. All mobile homes used as accessory STRUCTURES arc TEMPORARY. MOBILE HOME shall be removed from the property upon cessation of the USE of the MOBILE I TOME as an accessory STRUCTURE. At such time that a MOBILE I IOME permitted for accessory STRUCTURE use-is determined to be in a state of deterioration or disrepair by the Department of Planning Services, the property owner will be required to either repair the MOBILE I IOME or remove the MOBILE I IOME from the property. Substantial Change #3: Add 23-4-100.D. Attached, FLUSH-WALL SIGNS shall follow the following principles: 1. The SIGN shall be attached flat against a supporting wall and not placed above the roof line. 2. One (1) nameplate SIGN per business shall be allowed on the building face. Such SIGN shall not exceed two (2) square feet in area, and shall be located at or near the rear entrance of such business. 3. One (1)nameplate, per public entrance,per business, of not more 2001-0650 ORD2001-1 RE: ORDINANCE NO. 2001-1 PAGE 14 than two (2) square feet per face which is suspended''under a canopy. 4. The sum of'all commercial building identification signs on a given building wall shall not exceed 8 (eight) percent of that wall. E A SIGN shall not include.the following: 1. Flags, pennants or;insignia of nations or an organization of nations, states or cities except when such flags are used in connection with a commercial promotion or as an advertising device. 2. Window displays incorporating placards, pennants, merchandise, pictures or models of products or services. 3. Works of fine art which in no way identify a product or business and which are not displayed in conjunction with a commercial enterprise, which enterprise may benefit or realize direct commercial gain from such display. 4. Temporary decorations or displays clearly incidental and customary and commonly associated with national, local or religious holiday celebrations. 5. Signs not visible beyond the boundaries of the lot or parcel upon which they are located or from any public thoroughfare or right-of- way, 6. Traffic and other official signs of any public or governmental agency. 7. On-site traffic directional signs which do not exceed four (4) square feet per face or ten (10) feet in height and which do not carry a commercial message other than identification. The minimum horizontal distance between such signs shall be fifteen (15) feet, except for signs designating the purpose for which parking stalls may be used, such as for handicap parking, compact cars, etc. 8. Temporary interior paper window signs 9. Signs over gas pumps which indicate gas prices only, provided that such signs shall be limited to one (1) per pump island and shall be no larger than four (4) square feet per face. 10. Bus benches displaying advertisements pursuant to an agreement between the city and the owner, provided that such agreement regulates the size, content, placement, design and materials used for construction of said bus benches. 11. Products, merchandise or other materals which are offered for sale or used in conducting a business, when such products, merchandise or materials are kept or stored in a location which is designed and commonly used for the storage of such products, merchandise or materials. Amend 23-4-110.A. The following signs shall be prohibited in all districts: 1. Mechanical or electrical appurtenances, such as "revolving beacons" which are obviously designed just to compel attention. 2. Flashing red, green or amber signs located within five hundred (500) feet 2001-0650 ORD2001-1 RE: ORDINANCE NO. 2001-1 PAGE 15 of an intersection. 3. Any sign located so as to conflict with the clear and obvious appearance of PUBLIC devices controlling PUBLIC traffic. 4. Signs or components of signs that change physical position or light intensity by any movement or rotation of the physical sign or components which make up the sign or which give the visual impression of movement or rotation. 5. Motor vehicles, trailers or portable bases with wheels or to which wheels may be readily affixed used as a sign structure. Substantial Change#4: Add 23-4-30.F. Parking LOT surface shall be consistent with the surrounding development. G. Parking LOTS shall conform to all standards of the Americans with Disabilities Act. H. Parking LOTS with two-way driveways will be provided with sufficient turning lane widths to allow two (2)vehicles to pass. No plant material located in driveway sight distance triangles shall be allowed to reach a height greater than 3.5 (three-and-a-half) feet. Substantial Change #5: Amend 23-5-250 A. The FW (Floodway) District is an extremely hazardous area due to the velocity of FLOOD waters which carry debris, potential projectiles and erosion potential. B. No development shall occur in the Floodway District with the exception of FLOODPROOFED agricultural exempt buildings. Agricultural exempt buildings are defined in Chapter 29.U3es permitted. USES listed as Allowed by Right, ACCESSORY USES and Uses by Special Review in the UNDERLYING ZONING DISTRICT, except individual sewage disposal systems and residential USES Sc.ved by individual sewage disposal system, may be permitted in the FW (Floodway) District subject to the following conditions: 1. USES allowed shall conform to the requircments of the UNDERLYING ZONING DISTRICT. building permit or MOBILE HOME permit shall, in addition, obtain a Flood I lazard Development Permit. Any USE which results in an ALTERATION or RELOCATION of a WATERCOURSE within the-FW (Flvadway) District shall apply for or receive approval of a Flood I lazard Development Permit. 3. All NEW CONSTRUCTION, replacement or SUBSTANTIAL IMPROVEMENT of STRUCTURES in the FW (FLOODWAY) District which requires a building permit or MOBILE I IOME permit shall be FLOODPROOFED to the level of, or above, the REGULATORY FLOOD DATUM in the following ,na,iiic.. a. All new construction, replacement or SUBSTANTIAL IMPROVEMENT of DWELLING UNITS shall have the LOWEST FLOOR, including the BASEMENT floor or MOBILE I IOME PAD, ELEVATED to or above the REGULATORY FLOOD DATUM. b. New construction, replacement or SUBSTANTIAL 2001-0650 ORD2001-1 RE: ORDINANCE NO. 2001-1 PAGE 16 bek,w the REGULATORY FLOOD DATUM. of existing STRUCTURES, SUDSTANTIAL IMPROVEMENTS a,itJ-uH iv, • the-occurrence of an INTERMEDIATE REGIONAL FLOOD. INTERMEDIATE REGIONAL FLOOD. 6. All new or replaccmcnt sanitary scwcr trcatmcnt 3y3tcm3 3ha11 be watcrs of an INTERMEDIATE REGIONAL FLOOD. • 8. For all NEW CONSTRUCTION, rcplactment of existing structures and SUBSTANTIAL IMPROVEMENTS, fully a a.Ivoe ri:aa-bc w th,, • • • above-grade. 10. All NEW CONSTRUCTION and SUBSTANTIAL IMPROVEMENTS shall • 12. All NEW CONSTRUCTION, replacen.,,,it of existing-ab ctww a. J 2001-0650 ORD2001-1 RE: ORDINANCE NO. 2001-1 PAGE 17 collapse or lateral movement of the STRUCTURE and to withstand Hydrodynamic load3. 13. All MANUFACTURED I TOMES shall be ELEVATED arida,icj,u,oJ-to resist flotation, collapse or lateral movement. MANUFACTURED I TOMES shall be anchored in accordance with Subsection 29-2-90 B of this Code. 14. All MOBILE I IOMES shall be ELEVATED anJ-aitiie1td-te ieO;Ot-flutot;u.r, collapse or lateral movement. MOBILE I IOMES shall be anchored in accordance with Subsection 29-2-00 B of this Code. Substantial Change #6: Add 23-3-30.K: TEMPORARY Accessory STRUCTURE. More than One (1) TEMPORARY Accessory STRUCTURE in the A (Agricultural) District may be permitted for the purpose of storing agricultural goods inside the unit. A MOBILE HOME may not be used as a TEMPORARY Accessory STRUCTURE. A TEMPORARY Accessory STRUCTURE may be permitted upon a determination by the Board of County Commissioners that: 1. Electricity is the only utility which will be connected to the TEMPORARY Accessory STRUCTURE. 2. The TEMPORARY Accessory STRUCTURE will not be used on any basis as a DWELLING or as overnight or TEMPORARY housing for any person. 3. The applicant has demonstrated that no reasonable alternative exists to using the TEMPORARY Accessory STRUCTURE for agricultural purposes. 4. The property upon which the TEMPORARY Accessory STRUCTURE is to be located must not be in a platted subdivision. 5. The property upon which the TEMPORARY Accessory STRUCTURE is to be located must be on a LEGAL LOT. 6. The property owner must substantiate in writing the TEMPORARY Accessory STRUCTURE is necessary to the agricultural operation of the property. 7. The applicant shall not remove any structural component of the TEMPORARY Accessory STRUCTURE making it unmoveable. 8. At such time that a TEMPORARY Accessory STRUCTURE is determined to be in a state of deterioration or disrepair by the Department of Planning Services, the property owner will be required to either repair the TEMPORARY Accessory STRUCTURE or remove it from the property. 9. All TEMPORARY Accessory STRUCTURES shall be removed from the property upon cessation of the USE of the TEMPORARY Accessory STRUCTURES. 10. The TEMPORARY Accessory STRUCTURE may not be used in any manner to display a SIGN. 11. A zoning permit for a TEMPORARY Accessory STRUCTURE shall be for a period of twelve (12) months,and is renewable only by grant of the Board of County Commissioners. 12. A zoning permit for more than one (1) TEMPORARY Accessory STRUCTURE in the A (Agricultural) District may be issued by the Department of Planning Services upon the determination that the criteria of Section 23-3-30 of this Code are met. If the applicant (s) is not able to meet the criteria stated in section 23-3-30 the Board of County Commissioners shall review the application for compliance with the criteria set out in Section 23-3-30 at a regularly scheduled 2001-0650 ORD2001-1 RE: ORDINANCE NO. 2001-1 PAGE 18 meeting of the Board. The Board of County Commissioners shall give notice of the application for a zoning permit and the meeting date to those persons listed in the application as owners of property located within five hundred (500) feet of the parcel under consideration. Such notification shall be mailed, first class, not less that ten (10) days before the scheduled meeting. Such notice is not required by Colorado state statue and is provided as a courtesy to surrounding property owners (the surface estate). Inadvertent errors by the applicant in supplying such list or the Department of Planning Services in sending such notice shall not create a jurisdictional defect in the permit process even if such error results in the failure of a surrounding property owner to receive such notification. The Department of Planning Services shall post a sign for the applicant on the property in question indicating that a TEMPORARY Accessory STRUCTURE has been requested for the property, the meeting date, and telephone number where further information may be obtained. The sign shall be posted at least ten (10) days prior to the meeting date. The Board of County Commissioners shall consider any testimony of surrounding property owners concerning the effects of the TEMPORARY Accessory STRUCTURE on the surrounding properties. In addition, the Board shall consider compatibility of the TEMPORARY Accessory STRUCTURE with the surrounding area, harmony with the character of the NEIGHBORHOOD, its effects upon the immediate area, and the general health, safety and welfare of the inhabitants of the area and the COUNTY. Substantial Change#7: Add 23-4-290.L. All concrete batch facilities shall be equipped with an engineered vehicle washing area. All waste water generated from the washing of vehicles shall be recycled in the concrete batching process. The washing area shall be designed and constructed to capture all effluent, and prevent any discharge from drum washing and the washing of vehicle exteriors. CHAPTER 24 SUBDIVISIONS Minor Change#1: Amend 24-3-10. The minor subdivision procedure is a process for development and review of subdivisions proposing a maximum of five (5) lots, excluding those outlots which will not be used for residential, industrial or commercial purposes. The minor subdivision process utilizes the minor subdivision sketch plan application process and the minor subdivision final plat process of this Chapter. Amend Appendices 24-B, 24-C, 24-F, and 24-G. Under the property owner's signature line, add "Typed or printed name." Amend Appendix 24-F. Item #E. Add "Typed or printed name" under signature line for Easement Certificate example. Amend Appendix 24-G "Subdivision Exemption Plat Certificates" - Copy Items D and C from Appendix 24-F onto Appendix 24-G as items C and D, respectively, and change the words "Recorded Exemption" to "Subdivision Exemption." 2001-0650 ORD2001-1 RE: ORDINANCE NO. 2001-1 PAGE 19 Minor Change#2: Add 24-3-20.O and 24-4-10.B.13. Provide evidence that the surface owner has attempted to consult with authorized representatives of all lessees of minerals and oil and gas associated with the site. Replace 24-3-50.T, 24-4-30.B.8, and 24-4-40.D.5. A certified list of the names and addresses of mineral owners and lessecs of mineral owners having an interest in the subject property. The list shall reflect the names of mineral owners and 1e33ccs as they appear on the plats of record in the County Clerk and Recorder's office and the most recent addresses as they appear in the telephone directory or othtrdiructtr rUfm4i.noiaf use in the area of the property or on the tax records of the County.An affidavit listing the names and addresses of all mineral owners and lessees of mineral owners on or under the parcel of land being considered. The list shall be prepared from the real property records of the Weld County Clerk and Recorder, and shall be current as of a date no more than thirty (30) days prior to the date the application is submitted to the Weld County Department of Planning Services. Amend 24-3-60.C. The Planner shall gGive notice of the application for a proposed minor subdivision final plat and the Planning Con r public meeting hearing date to those persons listed in the application as owners of property located within five hundred (500) feet of the parcel under consideration. Such notification shall be mailed, first class, not less than ten (10) days before the scheduled public hearing. Amend 24-3-60.D. The Planner shall gGive notice of the applicaEe,rfure proposed minor subdivision final plat and the Planning Commission public meeting hearing date to those persons listed in the application as owners and lessees of the mineral estate on or under the parcel under consideration. Such notification shall be mailed, first class, not less than ten (10) days before the scheduled public hearing. Minor Change #3: Already included in Code. Minor Change #4: Amend 24-3-30.C. Prepare a recommendation for the applicant addressing all aspects of the application including: 1. Compliance with this Chapter, Chapter 22 of this Code, the zone district in which the proposed u3c is located and any adopted intergovernmental agreements or master plans of affected municipalities.Compatibility of the proposed Minor Subdivision with the existing or future development of the surrounding areas as permitted by the existing zoning and with the future development as projected by Chapter 22, and the Comprehensive Plan or Master Plan of affected municipalities and Intergovernmental Agreements. Add 24-4-30.C.1.h.4. Compatibility of the proposed Minor Subdivision with the existing or future development of the surrounding areas as permitted by the existing zoning and with the future development as projected by Chapter 22, and the Comprehensive Plan or Master Plan of affected municipalities and Intergovernmental Agreements. Amend 24-4-30.C.1.i.2. Compliance with this Chapter, Chapter 23 of this Code, the zone district in which the proposed use is located, and any adopted intergovernmental 2001-0650 ORD2001-1 RE: ORDINANCE NO. 2001-1 PAGE 20 agreements or master plans of affected municipalities.Compliance with Chapter 22 of the Weld County Code, the existing or future development of the surrounding areas as permitted by the existing zoning and with the future development as projected by Chapter 22, and the Comprehensive Plan or Master Plan of affected municipalities and Intergovernmental Agreements Amend 24-4-40.E.6.a. That the proposed subdivision is located within an urban growth boundary area as defined and adopted in any approved intergovernmental agreement, or a3 defined in Chapter 22 of this Code:Compliance with Chapter 22 of the Weld County Code, the existing or future development of the surrounding areas as permitted by the existing zoning and with the future development as projected by Chapter 22, and the Comprehensive Plan or Master Plan of affected municipalities and Intergovernmental Agreements Minor Change #5: Delete 24-7-180.D and 24-7-180.E.1. D. In lieu of land, there may be required a payment to the County in an amount equal to the market value of the required acreage at the time of final plat submission of the required acreage as determined according to this Section. Such value shall be determined by a competent land appraiser chosen jointly by the Board and the subdivider. The amount collected shall be deposited in an escrow account to be expended for parks at a later date.This section was intentionally deleted. E. The amount of land that may be required for public dedication, reservation or as a measure of money to be paid in lieu of such dedication or reservation shall be determined as follows: 1. Far-residential subdivisions, the required acreage 3ha11 expected population multiplied by ten and one half (10.5) and divided by one thousand (1,000).This section was intentionally deleted. 2. Expected population shall be determined by multiplying the total number of unit3 N1oposed for the subdivishn by the average number of inhabitants per unit in existing subdivisions of a similar character or by using U.S. Census population per household statistics.This section was intentionally deleted. Minor Change #6: Amend 24-8-20. Recorded exemption. A. The recorded exemption is a subdivision process used to divide a lot, not located in an approved subdivision, into two (2) separate lots. Examples of when a recorded exemption application may be submitted include creating a lot in the agricultural zone district for a single-family residential building site, separating existing improvements from agricultural land, and creating a lot in a commercial or industrial zone district for existing or future development. B. Provisions of Section 24-8-80 shall not be applied to prohibit the approval within ten (10)years, but no less than five (5) years, of one additional application for a Recorded Exemption on a parcel which has been part of a Recorded Exemption which was approved or had an application pending as of October 25, 1995. This shall be in accordance with the Weld County Home Rule Charter Article III, Section 3-14(2). 2001-0650 ORD2001-1 RE: ORDINANCE NO. 2001-1 PAGE 21 Minor Change #7: Amend 24-3-50.U.2, 24-3-50.U.3: U. Minor subdivision final plat map requirements: 1. The plat shall be delineated in nonfading permanent black ink on a dimensionally stable polyester sheet such as cronar, Mylar or other product of equal quality, three (3) millimeters or greater in thickness. The size of each sheet shall be twenty-four (24) inches in height by thirty-six (36) inches in width. No minor subdivision final plat submitted shall contain any form of stick-on type material such as, but not limited to, "sticky-back" or adhesive film, kroy lettering or tape. The drawing shall be at a scale of one (1) inch equals one hundred (100) feet. 2. A photo Mylar copy or diazo-sensitized Mylar copy of the original ink drawing, three (3) millimeters or greater in thickness, may be submitted.The plat shall meet the following criteria: bear original signatures and seals; be made from a dimensionally stable polyester sheet such as cronor or mylar or other product of equal quality; be at least three (3) millimeters in thickness; and all components, including signatures,shall be made with non-fading permanent black ink. 3. The minor subdivision final plat submitted shall contain the original signatures and seals of all parties required. If a photo Mylar copy or diazo-sensitized Mylar copy is submitted, the original signatures and .,L.c4Is ,,,u3t be contained tl icitu,rThe plat shall meet the following criteria: bear original signatures and seals; be made from a dimensionally stable polyester sheet such as cronor or mylar or other product of equal quality; be at least three (3)millimeters in thickness; and all components, including signatures, shall be made with non-fading permanent black ink. Amend 24-4-40.D.6.c. 6. Final plat map requirements. a. The plat shall be delineated in nonfading permanent black ink on a dimensionally stable polyester sheet such as cronar, Mylar or other product of equal quality, three (3) millimeters or greater in thickness. The size of each sheet shall be twenty-four (24) inches in height by thirty-six (36) inches in width. No final plat submitted shall contain any form of stick-on type material such as, but not limited to, "sticky-back" or adhesive film, kroy lettering or tape. The drawing shall be at a scale of one (1) inch equals one-hundred (100)feet. b. A photo Mylar copy or diazo-sensitized Mylar copy of the original ink drawing, three (3) millimeters or greater in thickness, may be submitted. c. The final plat submitted shall contain the original signatures and seals of all parties required. If a photo Mylar copy or diazo-sensitized Mylar copy is submitted, the original signatures and seals must be contained thereon..The plat shall meet the following criteria: bear original signatures and seals; be made from a dimensionally stable polyester sheet such as cronor or mylar or other product of equal quality; be at least three (3) millimeters in thickness; and all components, including signatures, shall be made with non-fading permanent black ink. 2001-0650 ORD2001-1 RE: ORDINANCE NO. 2001-1 PAGE 22 Amend 24-8-150.1.3 and 24-8-150.1.4. If any such subdivision exemption is approved, a plat as described below shall be submitted to the Department of Planning Services to be recorded in the office of the County Clerk and Recorder: 1. The plat shall be prepared by a registered land surveyor in the State. 2. The plat shall be delineated in nonfading permanent black ink on a dimensionally stable polyester sheet such as cronar or Mylar or other product of equal quality, three (3) mils or greater in thickness. The size of each sheet shall be either eighteen (18) inches in height by twenty-four (24) inches in width, or twenty-four (24) inches in height by thirty-six (36) inches in width. No mixing of sheet sizes is allowed. No plat submitted shall contain any form of stick-on type of material such as, but no limited to, "sticky-back," adhesive film or kroy lettering tape. The drawing shall be at a scale sufficient to show all necessary detail. 3. A photo Mylar copy or diazo-sensitized Mylar copy of the original ink drawing may be submitted. The material shall be at least three (3) mils or greater in thickness.The plat shall meet the following criteria: bear original signatures and seals; be made from a dimensionally stable polyester sheet such as cronor or mylar or other product of equal quality; be at least three (3) millimeters in thickness; and all components, including signatures, shall be made with non-fading permanent black ink. 4. The plat submitted will contain the original signatures and seals of all parties required to sign the plat. If a photo Mylar copy or diazo-sensitized Mylar copy is submitted, the original signatures and seals shall be contained thereon.The plat shall meet the following criteria: bear original signatures and seals; be made from a dimensionally stable polyester sheet such as cronor or mylar or other product of equal quality; be at least three (3) millimeters in thickness; and all components, including signatures, shall be made with non-fading permanent black ink. Substantial Change #1: Additions to 24-1-40, definitions: Building Envelope: The two-dimensional space within which a structure(s) is permitted to be built on a lot. Buildings defined as an Agricultural-Exempt Building in the Zoning Ordinance are exempt from the requirement of being located in the Building Envelope. Double Frontage: A lot that fronts upon two parallel streets, or a lot that fronts upon two streets that do not intersect at the boundaries of the lot. 2001-0650 ORD2001-1 RE: ORDINANCE NO. 2001-1 PAGE 23 • I--- I 1 �1 I < I ( -___ . g-t ` 1 SIN LI•FAMMY 1 i I E / HeMag Y Q g. J I H _ Coos, i.o ) ► ' a. ( U a o iIt u 11 < PLAN auFFat-I$ z4 -• lc_No Accass Maintained County Road: A paved or gravel road way that meets County road standards that are open and maintained by the County. Non-maintained County Road: A roadway that does not meet County standards. Possible examples are section line access, an easement, or a private lane. Reverse Frontage: A through lot that is not accessible from one of the parallel or nonintersecting streets upon which it fronts. IIPLOCIL2 . -3I .MT,,.. IE� ca.a INTaRlOIL • I I VT , Lan- i N. — OI�CM'T1a-� I �\ 1 iKK Iii: •• I IMT....t. FLP.6 'THRO flN . �'` VT 'THROWN.. V•r •/� 1 ' L.T LOT I I b D{..fM -1 / I r-;; H..-..� I `'1 IMTdtL101C.: i WICTN / GOCNOC11 LOTI / 1 LOT -1 I i x'71 cruet --t---1 ' ,� —•1 r_. _••_ LOT LOS.. I — &LOCK bOYNG.a.ILT 2001-0650 ORD2001-1 RE: ORDINANCE NO. 2001-1 PAGE 24 Site Specific Development Plan: A subdivision final plat, resubdivision, or minor subdivision application which has been submitted to Weld County and has received final or conditional approval by the Board. No other type of subdivision application shall be considered a Site Specific Development Plan. Superevelation: The raised portion of highway above the normal cross slope to prevent a vehicle from sliding outward,or counteracting all the centrifugal force of a vehicle traveling at an assumed speed. Structure: Anything that is built, constructed, or erected, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, but not including fences or walls used as fences less than six (6)feet in height, poles, lines,cables or distribution facilities of public utilities. Semi-trailers as defined in Section 42-1-102(70), C.R.S., situated as temporary or permanent storage units, not safe or not operable or illegal to be used on public road rights-of-way,which are not licensed, shall be considered Structures in accordance with this definition, shall comply with requirements set forth in Chapter 23 of the Weld County Code, including required zoning setbacks and offsets, and shall be installed in accordance with the requirements set forth in Chapter 29 of the Code. Travel Way: The Travel Way is defined as that portion of the roadway for movement of vehicles, exclusive of shoulders and auxiliary lanes. Amend definitions in 24-1-40.: Non-urban Scale Development: Developments comprised of five (3)eight (8) or less fewer residential lots which are located in a non-urban area as defined in Chapter 22 of this Code and are not adjacent to other PUDs, subdivisions, municipal boundaries or urban growth corridors. Non-urban Scale Development shall also include land used or capable of being used for agricultural production, including developments which combine clustered residential uses and agricultural uses in a manner that the agricultural lands are suitable for farming and ranching operations for the next forty (40) years. Non-urban scale development on public water and septic systems shall have a minimum lot size of one (1) acre and an overall density of two and one-half (2'/) acres per septic system. Non-urban scale development proposing individual, private wells and septic systems shall have a minimum lot size of two and one-half(21) acres per lot. A non-urban scale PUD preserving a minimum 80-acre agricultural out-lot may be located adjacent to other non-urban scale PUD's which also preserve a minimum 80-acre agricultural out-lot. Sketch plan: No change. Subdivision or subdivided land: Any parcel of land in the County which is to be used for condominiums, apartments or any other multiple-dwelling units, unless such land when previously subdivided was accompanied by a filing which complied with these provisions and with substantially the same density, or which is divided into two (2) or more parcels, separate interests or interests in common, 2001-0650 ORD2001-1 RE: ORDINANCE NO. 2001-1 PAGE 25 unless exempted under the following subsections. Interests shall include any and all interests in the surface of land but exclude any and all subsurface interests. The terms subdivision and subdivided land shall not apply to any division of land which creates parcels of land each of which comprise thirty-five (35) or more acres of land and none of which is intended for use by multiple owners.- Unless the method of disposition is adopted for the purpose of evading these regulations, the terms subdivision and subdivided land, as defined in this Section, shall not apply to any division of land: a. Which creates parcels of land, such that the land area of each of the parcels, when divided by the number of interests in any such parcel, results in thirty-five (35) or more acres per interest; b. Which could be created by any court in-the this State pursuant to the law of eminent domain, by operation of law, or by order of any court in-the this State if the Board of County Commissioners in which the property is Situated is given timely notice of any such pending action by the court and given opportunity to join as a party in interest in such proceeding for the purpose of raising the issue of evasion prior to entry of the court order; and, if the Board of County Commissioners does not file an appropriate pleading within twenty (20) days after receipt of such notice by the court, then such action may proceed before the court; c. Which is created by a lien, mortgage, deed of trust or any other security instruments; d. Which is created by a security or unit of interest in any investment trust regulated under the laws of the State or any other interest in an investment entity; e. Which creates cemetery lots; f. Which creates an interest in oil, gas, minerals or water which is severed from the surface ownership of real property; g. Which is created by the acquisition of an interest in land in the name of a husband and wife or other persons in joint tenancy or as tenants in common, and any such interest shall be deemed as only one (1) interest; h. Which is created by the combination of contiguous parcels of land into one (1) larger parcel. If the resulting parcel is less than thirty-five (35) acres in land area, only one (1) interest in said land shall be allowed. If the resulting parcel is greater than thirty-five (35) acres in land area, such land area, divided by the number of interests in the resulting parcel, must result in thirty-five (35) or more acres per interest. Easements and rights- of-way shall not be considered interests; Which is created by a contract concerning the sale of land which is contingent upon the purchaser's obtaining approval to subdivide, pursuant to this Chapter and any applicable County regulations, the land which the purchaser is to acquire pursuant to the contract; and j. Which is created by agreement to resolve uncertainty, doubt or conflict regarding a common boundary. A boundary may be determined and permanently established by written agreement of all parties affected. The agreement must be signed and acknowledged by each property owner as required for conveyance of real estate. The agreement must be accompanied by a plat showing the resolution of the boundary in question. The plat and agreement shall be recorded as an instrument 2001-0650 ORD2001-1 RE: ORDINANCE NO. 2001-1 PAGE 26 affecting real estate, and shall be binding upon heirs, successors and assigns. The Board may, pursuant to rules and regulations or by ordinance, exempt from this definition of the terms subdivision and subdivided land any division of land if it determines that such division is not within the purposes of this definition. Urban scale development: Developments exceeding five (5) eight (8) lots and/or located in close proximity to existing PUDs, subdivisions, municipal boundaries or urban growth corridors and boundaries. All urban scale developments shall pave the internal road systems of the development. Urban scale development requires support services such as central water and sewer systems, road networks, park and recreation facilities and programs, and storm drainage. Substantial Change #2: Amend 24-3-60.1.6. That streets within the minor subdivision are adequate in functional classification, width and structural capacity to meet the traffic requirements of the minor subdivision. All roads within the minor subdivision shall be a minimum of eighteen (18) feet in width and shall have a minimum depth of four (4) inches of gravel base.Standards established in Appendices#24-D and #24-E. (Insert New Appendices #24-D and #24-E) Amend 24-3-60.P.6. That streets within the minor subdivision are adequate in functional classification, width and structural capacity to meet the traffic requirements of the minor subdivision. All roads within the minor subdivision shall be a minimum of eighteen (18) feet in width and shall have a minimum depth of four (4) inches of gravel basc.Standards established in Appendices #24-D and #24-E. Add 24-4-40.D.3.u. An erosion control report may be required at the request of the Department of Public Works. Amend 24-7-20.A. All streets within_major subdivisions and planned unit developments will be paved designed and constructed in accordance with the following standards: 1. Street Plan. The arrangement, extent, width, type and location of all streets shall be designed in relation to existing or planned streets, topographic conditions, public convenience and safety, and the proposed use of land to be served. Streets shall be extended to the boundaries of each building site, except where such extension is prevented by topography or other physical conditions, or where the connection of streets with existing or probable future streets is deemed unnecessary for the advantageous development of adjacent properties. All building sites shall have access to a public internal street system. This internal road is a separate parcel and not part of the residential lots. See Appendix #24-D for design guidelines for new road construction. 2. Through Traffic. A local street shall be arranged so that its use by through traffic will be discouraged. 3. Stub Streets. Not more than six (6) lots shall front on a stub street except where a temporary cul-de-sac has been designed according to County regulations. 4. Intersections. A local street shall not intersect an arterial street. A collector street shall not intersect an arterial street at intervals of less than one thousand 2001-0650 ORD2001-1 RE: ORDINANCE NO. 2001-1 PAGE 27 three hundred twenty (1,320)feet (1/, mile). An interval may vary due to parcel size limitations and would be subject to approval by the Board. The adequacy of access will be evaluated according to the design standards and specifications found in the Colorado State Highway Access Code (2 C.C.R. 601.1 Chapters 3 and 4). Sight distance triangles shall be provided at all intersections. 5. Alleys. Service access to the interior of blocks may be permitted upon approval of the Board. 6. Driveways. Driveways shall not be permitted to have direct access to arterial streets. Only one access is permitted per new lot. All driveways shall be off the internal subdivision road system. 7. Right-of-Way. County streets shall have the following minimum right-of-way widths: a. Local: sixty (60) feet. b. Collector: eighty (80) feet. c. Arterial: one hundred (100)feet. 8. Lane and Shoulder Width. County roads and streets shall have the minimum lane and shoulder width shown on Table 24.1 below: Table 24.1 Street Widths Street/Road Lane Width Shoulder Width Local 10 feet to 11 feet 4 feet Collector 12 feet 6 feet Arterial 12 feet 8 feet 9. Lane and shoulder widths for an arterial street with an average daily traffic count greater than one thousand two hundred fifty (1,250) vehicles is determined on an individual project basis. 10. Road cross-sections for major arterial, arterial, secondary, collector and local streets are presented in Appendix 24-E, Roadway Cross-Sections. These standards delineate right-of-way, lane configurations, median treatment, bike lanes and pedestrian sidewalks. 11. Improvements to the state highway system are determined by the Colorado Department of Transportation. 12. Half-Streets. Half-streets shall not be permitted, except for the following: a. A half-street is required to complete a half-street already in existence. b. The subdivider obtains for the County a dedication from the abutting landowner of the other one-half(1/2) of the street. c. The subdivider obtains from the abutting landowner, municipality, or County, an agreement in a form satisfactory to the Board which guarantees the cost of the improvements and construction of the same on the half street within a time suitable to the Board. d. The subdivider guarantees the construction of the improvements on the half-street serving the subdivision. 13. Dead-end Streets (not cul-de-sacs). Dead-end streets shall not be permitted. 14. Cul-de-sac Streets. Permanent cul-de-sac streets serving no more than twenty (20) lots may be permitted and must be provided with a right-of-way turnaround of sixty-five (65) feet radius or more and the outside curb or pavement edge radius must be fifty (50) feet or more. Maximum cul-de-sac length between intersecting streets shall be fifteen hundred (1,500)feet. This distance shall be 2001-0650 ORD2001-1 RE: ORDINANCE NO. 2001-1 PAGE 28 measured from centerline to'centerline: Addition of 24-7-20.A.18. Parallel Roadway Alignment. Parallel roadway alignment for internal streets without adequate separation is undesirable. If such alignment is used, a minimum of twenty (20) feet of buffer between future rights-of-way will be required. Screening to reduce right-side headlight glare will be required. Screening type shall receive approval by the Departments of Public Works and Planning Services. Addition of 24-7-20.A.19. Sight Distance Triangle. The developer will verify that all intersections have sufficient sight distance by delineating the sight distance triangle on the plans, as illustrated below. 'zee zr-4 -via-HT F TKIANG LG I N CAgBnwCC) Cr Amend 24-7-20.B. Street names. Streets shall have the names of existing streets which are in alignment in the County or in an adjoining county or municipality. There shall be no duplication of street names within the area and a sign shall be provided at all intersections designating the street names. C. Geometric Design Standards. Geometric design for streets and roads shall be in accordance with A Policy on the Geometric Design of Highways and Streets published by the American Association of State Highway and Transportation Officials. Specifications, standards or design criteria published by other governmental agencies, professional organizations or a generally accepted authoritative source may be used in geometric design. All specifications, standards or design criteria shall be referenced and copied as part of the submittal information. Pavement width requirements will adhere to Table 111- 21 for turning roadways (AASHTO "A Policy on Geometric Desiqn of Highways and Streets", 1990). The minimum vertical grade for any new roadway is 0.4%. The maximum grade break without a vertical curve is 1.0%. Cross slope shall be 2.0% except at arterial intersections where the cross slope will transition to 1.0% fifty(50)feet back of the right-of-way. D. Road Structure. Structural capacity shall be designed in accordance with the Guide for Design of Pavement Structures published by the American Association of State Highway and Transportation Officials. Specifications, standards or design criteria published by other governmental agencies, professional organizations or a generally accepted authoritative source may be used in design. All specifications, standards or design criteria shall be referenced and copied as part of the submittal information, which shall include, but not be limited to, the following: 1. A typical cross section of the street to illustrate center line, pavement and right-of-way widths, depth of asphalt and base course, cross slope, sidewalks and drainage improvements. 2001-0650 ORD2001-1 RE: ORDINANCE NO. 2001-1 PAGE 29 E. Design Traffic Information. Traffic count information and projections for use in geometric and road design shall be in accordance with the Trip Generation Manual published by the Institute of Transportation Engineers. F. Frontage of Arterial Streets. A subdivision that adjoins or contains an existing or proposed arterial street identified in Chapter 22 of this Code may be required to provide service roads. G. Railroad Right-of-Way. Where a subdivision borders a railroad right-of-way, arterial or collector street, a landscaped buffer area of not less than twenty (20) feet may be required for adequate reduction of noise pollution. H. Parking Lots. New development shall demonstrate compatibility with existing surrounding land use. The developer shall widen the parking isle as needed for turning movements. Amend 24-7-30. A. Sidewalks shall be constructed within a subdivision where required by the Board. Sidewalks in urban subdivisions shall be a minimum four (4) of five (5) feet in width. Curbs and gutters shall be constructed as required by resolution of the Board. B. Where blocks or lots exceed one thousand (1,000) feet in length, pedestrian rights-of-way of not less than ten (10) feet in width shall be provided through blocks or lots where needed for adequate pedestrian circulation. Improved walks of not less than four (4)five (5) feet in width shall be placed within the pedestrian rights-of-way. Amend 24-7-40. The length, width and shape of a block shall be determined with due regard to the following: A. Provision of adequate building sites suitable to the special needs of the type of use contemplated. B. Requirements of Chapter 23 of this Code as to lot sizes and dimensions. C. Need for convenient access, control and safety of vehicular and pedestrian traffic circulation. D. Limitations and opportunities of topography. E. Maximum block length between intersecting streets shall be one thousand five fifteen hundred (1,500) feet, unless waived by the Board. This distance shall be measured from centerline to centerline. F. Each new lot shall be provided with an adequate access to an internal public street. Amend 24-7-50.J. A flag lot configuration shall be avoided when possible. The minimum width of a flag lot appendage shall be thirty (30) feet. This access road shall be graded, twenty (20)feet wide and drained to provide adequate emergency access to the property. For access and culvert information, see Chapter 8 of this Code. K. No direct residential access to a section line roadway shall be allowed. L. Frontage Road or parallel roadway alignment for internal streets is undesirable. If this alignment is used, adequate separation must be provided to avoid headlight glare onto the roadway. The developer shall verify that the design vehicle has adequate turning area to be perpendicular to the future right-of-way line. Additional standards for Frontage Road or parallel roadway alignment are found in Section 24-7-20A of this Code. 2001-0650 ORD2001-1 RE: ORDINANCE NO. 2001-1 PAGE 30 Amend 24-7-110.C.5.a. The reference of any major drainage way planning study, such as master drainage basin planning studies, flood hazard delineation reports and flood insurance studies or maps, if available. The design will conform with the South Weld I- 25 Corridor Master Drainage Plan if the site is within the identified basins. Amend 24-7-130.A. The engineer is to use published material by a generally accepted authority approved by the Director of Public Works. The material used must be referenced and copied as part of the submittal information. The County does not publish technical data or storm drainage design manuals. The design will conform with the South Weld 1-25 Corridor Master Drainage Plan if the site is within the identified basins. Amend 24-8-30.M.4. The location of all existing and proposed driveways and accesses associated with either lot. a. The applicant shall complete a Weld County Access Information Sheet for each access point and each lot of a Recorded Exemption. b. Direct access from a public road shall be limited to one per legal parcel, except where further limited or restricted by zoning or subdivision regulations. c. Where the access is adjacent to a state highway, the Colorado Department of Transportation has jurisdiction over existing or proposed access points. The applicant shall be responsible for obtaining new access from the Colorado Department of Transportation. Amend 24-8-30.M.8. All unique physical characteristics of the proposed recorded exemption property including, but not limited to, substantial groves of vegetation, severe topographical conditions, substantial irrigation canals and water bodies. New residential driveways to an arterial will be provided only when no other option is available The property owner must provide a turn-around on-site to prevent backing onto the road, Add 24-8-50.A.7. An approved access that will provide for safe access to and from the parcels. Amend 24-8-80.F. The decision to approve a recorded exemption may be conditioned to mitigate impacts or address concerns of referral agencies. Existing or future public rights-of-way and additional access points on Weld County roads shall be dedicated or reserved in conformance with Chapter 22 of this Code and any adopted intergovernmental agreements or master plans of affected municipalities. Add 24-8-150.G.7. An approved access that will provide for safe access to and from the parcels. Add 24-7-20.I. Road Construction Standards. 1. Under severe physical constraints and very low traffic volumes, the Department of Public Works or Board of County Commissioners may allow nine (9)foot lanes and four(4) foot shoulders on Local Roads. 2. Pavement width requirements for turning roadway shall be in accordance with Table 111-21, American Association of State Highway Transportation Officials. 2001-0650 ORD2001-1 RE: ORDINANCE NO. 2001-1 PAGE 31 3. Maximum Grade Change on all roadways without a vertical curve is one (1) percent. This percentage shall include the approaches to valley gutters. Substantial Change #3: Add 24-3-20.N, 24-4-40.D.3.w, 24-8-30.N, and 24-8-150.J. A Certificate from the County Treasurer showing no delinquent taxes for the area referred to in application materials. Add 24-4-40.D.3.u. If applicable, an erosion control plan. Add 24-4-40.D.3.v. Subdivision road plans prepared by a professional engineer licensed to work in the State of Colorado. The road plans shall be dated and bear the signature and seal of the engineer. The road plans shall include the following minimum data: 1. Plans and profiles of all roads to be improved. 2. A typical cross section of applicable roads, culverts, and bridges. 3. Typical road section, including pavement design supported by soil reports, test results, and computations. 4. Typical or specific details of road intersections and cul-de-sacs. 5. A complete estimate of costs. 6. Any additional information required by the Weld County Department of Public Works. Add 24-4-40.D.3.x. A title commitment or a title opinion covering all public dedications. Add 24-4-40.D.3.y A warranty deed, if required, deeding to the appropriate entity any lands to be used for the benefit of the public or owners and future owners of the Subdivision. Add 24-8-30.O. A statement explaining the current irrigation practices occurring on the site. Add 24-8-30.M.9. Building envelope(s) shall be designated. If the applicant intends to designate a building envelope as a means of establishing compliance with the provisions of this OrdinanceCode including, but not limited to, Sections 1.3.1 and 1.3.10. Amend 24-8-70.G. The plat need not show the bearings, lengths and curve data for any lot in excess of thirty-five (35) acres created through a recorded exemption procedure, provided that the lot can be described without completing a boundary survey.--Any lot to be created through a recorded exemption procedure which is less than thirty-five (35) a� �s in sizc shall show the bearings, lengths and curve data of the lot lines. If both lots to be created through a recorded exemption procedure are less than thirty-five (35) acres, then the bearings, lengths and curve data shall be shown around the perimeter of both lots. A boundary survey shall be required around the perimeter of both lots. A boundary survey shall be required for any irregular shaped lot which does not have a natural boundary and cannot be accurately described without standards for land surveys and plats in Title 38, Article 51, C.R.S. 2001-0650 ORD2001-1 RE: ORDINANCE NO. 2001-1 PAGE 32 Add 24-8-80.K Adequate provision has been made to protect irrigation practices, the flow of irrigation water, and access to the irrigation system. L. The decision to approve a recorded exemption shall be conditioned to mitigate impacts of additional accesses to Weld County Roads. M. The placement of building envelope(s) and alternative location for a building envelope shall be evaluated with respect to the impact on the current and future agricultural production of the parcels Add 24-8-100.D. Technical errors include, but are not limited to, relocation of building envelopes if such relocation is consistent with the original intent of the approved recorded exemption, correcting scrivener errors on the plat and correcting survey errors. Add 24-8-150.G.6. A description detailing how adequate provision will be made to protect irrigation practices, the flow of irrigation water, and access to the irrigation system. Substantial Change#4: Add 24-5-25. Resubdivision Plat. The plat shall contain two seperate illustrations detailing the property. The first illustration shall be titled, "Property Prior to Resubdivision"and shall illustrate the property configuration prior to the Resubdivision. The second illustration shall be titled, "Property After Resubdivision" and shall illustrate the property configuration after the Resubdivision. 1. In addition to the Resubdivision Plat, the applicant shall submit a copy of the title prior to, and after the Resubdivision. Substantial Change #5: Amend 24-3-50.D and 24-4-30.B.4.b. A summary of any concerns identified during the minor subdivision sketch plan application process with an explanation of how the concerns will be addressed or resolved. Major changes from a reviewed Sketch Plan may require a resubmittal of a new Sketch Plan for the site. The Department of Planning Services is responsible for determining whether a major change exists except that when more than a year has elapsed since the Sketch Plan comments, a resubmittal of a new Sketch Plan for the site shall be required prior to submittal of an application for a Minor Subdivision and the "application," for purposes of compliance with Section 24-68-102.5, et. seq., C.R.S., shall be the application for the amended Sketch Plan. Substantial Change #6: Amend 24-7-70. The proposed subdivision shall comply with the sanitary sewage disposal requirements of the underlying zone district. Plans for the proposed subdivision shall be referred to the Department of Public Health and Environment for review. The Department of Public Health and Environment may also require-the applicant to submit additional engineering or geological reports or data and to conduct a study of the economic feasibility of the sewage treatment works prior to making a recommendation. No sewage disposal system plan shall receive the approval of the Board unlcss the Department of Public I lealth and Environment has made a favorable recommendation. Appeal of an unfavorable Department of Public I lealth and Environment recommendation shall be in accordance with the procedures set out in Section 30 2 110 of this Codc. that all proposed septic systems provide enhanced treatment, and a design, installation, monitoring, maintenance, and management plan 2001-0650 ORD2001-1 RE: ORDINANCE NO. 2001-1 PAGE 33 for all the individual sewage disposal systems. Enhanced treatment systems are those that incorporate aeration, alternating fields, effluent filters,sand filter systems, trickling filter systems, etc. Monitoring and maintenance should outline any scheduled inspections, septic tank pumping schedule, and other duties performed on each system. The management component should outline the funding source for the oversight of the plan (i.e. the Homeowners' Association, etc.), who will perform each of the various parts of the plan, and enforcement provisions. Substantial Change #7: Amend 24-7-180. Public sites and open spaces. A. Within a Subdivision, tThe Board of County Commissioners may require the dedication, development or reservation of individual parcels, or the placement or purchase of a conservation easement upon lands within a subdivision or PUD plan for parks, greenbelts or other necessary public purposes. The type of use, lot size and residential density shall be considered when determining parcels-for necessary for public purposes. Public purposes may include common open space, parks, wildlife preserves, riparian areas, trails, or other lands to be preserved. B. The required acreage as may be determined according to this Section shall be dedicated to a public agency for one (1) or more essential public purposes.- Any area so dedicated shall be approved by the proper public agency and shall be maintained by the public agency.The land set aside for public purpose may be reserved through deed restrictions, the maintenance of which shall be ensured by specific obligations in the deed of each lot within the subdivision. C. The required acreage as determined according to this Section may be reserved through deed restrictions as open area, the maintenance of which shall be ensured by specific obligations in the deed of each lot within the subdivision. D. In lieu of land, there may be required a payment to the County in an amount equal to the market value of the required acreage at the time of final plat submission of the required acreage as determined according to this Section. Such value shall be determined by a competent land appraiser chosen jointly by the Board and the subdivider. The amount collected shall be deposited in an escrow account to be expended for parks at a later date. E. The amount of land that may be required for public dedication, reservation or a� a measure of money to be paid in lieu of such dedication or reservation shall be determined as follows:The amount of land that may be required for public dedication, reservation, or as a measure of money to be paid in lieu of such dedication or servation, shall be determined by the standards outlined in Chapters 26 and 27. 1. For residential subdivision3, the required acreage Shall equal the expected population multiplied by ten and one-half(10.5) and divided by one thousand (1,000). 2. Expected population shall be determined by multiplying the total number of units proposed for the subdivision by the average number of inhab;tants per unit in exi3ting subdivision3 of a similar character or by using U.S. Census population per household statistics. Add definition to 24-1-40. Public Purpose. Shall be defined as parks,playgrounds, trails, paths, and other recreational areas and open spaces; scenic and historic sites; 2001-0650 ORD2001-1 RE: ORDINANCE NO. 2001-1 PAGE 34 schools and other buildings and-structures; and other places where the public is directly or indirectly invited to visit or permitted to congregate. A Public Purpose may also include productive agricultural lands; riparian areas; wetlands and their buffers; floodways and floodplains; groundwater resources and recharge areas; historic, archaeological and cultural features; scenic viewsheds from public roads; wildlife preserves; and conservation areas. These areas may or may not allow public access. These spaces shall serve a public purpose by providing for the protection of environmentally sensitive lands, agricultural practices, and scenic areas or corridors. CHAPTER 26 MIXED USE DEVELOPMENT Substantial Change #1: Add 26-2-80.C.4. Structural Road Improvements. Adjacent roadways shall be improved to meet the full typical section specified in the Weld County Transportation Plan and Chapter 24 of this Code. Improvements may include the construction of travel lanes, shoulders, bike lanes, medians, curb, gutter and sidewalks, for example. Required improvements may also include the acquisition of right-of-way and construction easements that will be dedicated to the public. Improvements attributed to the development shall be consistent with the nexus and proportional and shall be equivalent to the impacts of the development direct impact a particular development has on the county road system. The Road Improvements Agreement and Roadway Construction Plans shall be accepted by the Board of County Commissioners. Substantial Change#2: Add 26.2.40.C. Cash-in-lieu of Common Open Space Regulation. 1. Definitions. Buffer Zone or Area. An area used as a protection zone between two land uses of different intensity and compatibility. A Buffer Zone or Buffer Area is also referred to as a Transition Zone. Conservation Area. Environmentally sensitive areas with characteristics such as steep slopes, wetlands, flood plains, high water tables, endangered species habitat, riparian areas, historic woodlands, native prairie, areas of significant biological productivity or uniqueness, or areas of significant cultural resources that have been designated for protection from any activity that would significantly alter their ecological integrity, balance or character. Public Purpose. Parks, playgrounds, trails, paths, and other recreational areas and open spaces; scenic and historic sites. A Public Purpose may also include productive agricultural lands; riparian areas and their buffers, wetlands, and their buffers;conservation areas; buffer zones or areas; scenic areas; scenic corridors;floodways and floodplains; groundwater resources and recharge areas;historic, archaeological and cultural features; scenic viewsheds from public roads; wildlife preserves; and conservation areas. Areas such as wetlands and their buffers; conservation areas; buffer zones or areas; scenic areas; and scenic corridors are areas that may or may not allow public access. These spaces shall serve a Public Purpose by providing for the protection of 2001-0650 ORD2001-1 RE: ORDINANCE NO. 2001-1 PAGE 35 environmentally sensitive lands, agricultural practices, and scenic areas or corridors. Scenic Area. An open area with natural features that are visually significant or geologically or botanically unique. Scenic Corridor. An area visible-from a highway, waterway, railway, or major hiking, biking, or equestrian trail that provides scenic vistas over water, across expanses of land, such as farmlands, wetlands, prairies and grasslands, or riparian habitat. Wetland. An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions. 2. In lieu of the preservation of land for common open space and subject to the discretion of the Board of County Commissioners, the applicant has the option of paying to a public entity approved by the County an amount equal to a proportionate share of the market value of the overall property under development consideration at the time of final plat, or dedicating an equal number of acres at a different site. Such public entity shall possess the authority to hold land for public purpose. Should the developer select to purchase land for reduced on-site common open space, the land shall be purchased within the Mixed Use Development Area, or an alternative site designated by the Board of County Commissioners. a. This option does not provide a complete elimination of common open space within the proposed development. This option does provide a reduced amount of common open space based upon the site features of the applicant site. Individual site features shall be taken into consideration by the Department of Planning Services upon a review of the application. b. If the in-lieu method chosen by the applicant is the payment of cash, such value shall be determined by a land appraiser with the minimum qualifications of a Certified General Appraiser through the State Board of Real Estate Appraisers. An appraiser with additional qualifications of a MAI or an ARA is desirable. The appraiser shall be selected by both the Board of County Commissioners and the applicant. The applicant shall be responsible for all fees associated with the appraisal. c. The amount collected shall be deposited in a segregated account to be expended within ten years from the collection date for common open space, parks, wildlife preserves, riparian areas, trails, or other lands to be preserved. Details regarding this option are outlined in Section 26-2-40 of this Code. d. Any area so dedicated shall be approved by the proper public agency and shall be maintained by the public agency. A written agreement to this effect shall be provided to the Department of Planning Services at the time the Sketch Plan application is submitted. The agreement shall indicate the agency's readiness and ability to accept the land dedication or conservation easement. A brief statement regarding the maintenance of the property shall also be provided. Failure to provide this information may result in the Department of Planning Services inability to accept the Change of Zone application on the subject site. 2001-0650 ORD2001-1 RE: ORDINANCE NO. 2001-1 PAGE 36 e. Performance Standards and Bulk Standards of the proposed zoning district,shall be adhered to. f. The required acreage shall be determined according to Appendix#26-E. Land shall be dedicated to a public agency for one or more essential public purposes. This option does not provide a complete elimination of common open space within the proposed development. This option does provide a reduced amount of common open space based upon the site features of the applicant site. Individual site features shall also be taken into consideration by the Department of Planning Services upon review of the application. CHAPTER 27 PLANNED UNIT DEVELOPMENT Minor Change#1: Add 27-3-40. General Requirement for Collateral. The policy on Collateral as outlined in Section 2-3-30 shall be followed. Minor Change#2: Add 27-6-90.F.5. Signs or components of signs that change physical position or light intensity by any movement or rotation of the physical sign or components which make up the sign or which give the visual impression of movement or rotation. Minor Change #3: Add 27-4-20.F and 27-5-30.G. The applicant shall provide the Department of Planning Services with a certificate from the County Treasurer showing no delinquent taxes for the parcel area. Delete 27-5-30.B. A copy of any agreements signed by agricultural irrigation ditch eompanics specifying the agreed-upon treatment of any problems resulting from the location of the ditch, or oil and gas facilities, if applicable.This section was purposely deleted. Add 27-5-30. H. The applicant shall submit to the Department of Planning Services a copy of an agreement with the mineral owners associated with the subject property. Such agreement shall stipulate that the oil and gas activities on the subject property have been adequately incorporated into the design of the site, OR shall provide written evidence that an adequate attempt has been made to mitigate the concerns of the mineral owners on the subject property. I. The applicant shall submit to the Department of Planning Services a copy of an agreement with the owner of any ditch located on or adjacent to the site, OR shall provide written evidence that an adequate attempt has been made to mitigate the concerns of the ditch owners. The agreement shall stipulate that ditch activities have adequately been incorporated into the design of the site. 2001-0650 ORD2001-1 RE: ORDINANCE NO. 2001-1 PAGE 37 J. The applicant shall submit to the Department of Planning Services a copy of an existing easement or dedicated right-of-way when it is contiguous to an easement or right-of-way of the proposed Planned Unit Development. K. The applicant shall submit to the Department of Planning Services an erosion control plan,if required as a result of a Sketch Plan requirement. Minor Change #4: Amend 27-5-30.C and 27-7-30.M. A certified list of the names, addresses and the corresponding parcel identification numbers assigned by the County Assessor of the owners of property (the surface estate)within five hundred (500)feet of the property subject to the application. The source of such list shall be the records of the County Assessor, or an ownership update from a title or abstract company or attorney,derived from such records or from the records of the Clerk and Recorder. If the list was assembled from the records of the County Assessor, the applicant shall certify that such list was assembled within thirty (30) days of the application submission date.An affidavit listing the names and addresses of all mineral owners and lessees of mineral owners on or under the parcel of land being considered. The list shall be prepared from the real property records of the Weld County (or adjacent County) Clerk and Recorder, and shall be current as of a date no more than thirty (30) days prior to the date the application is submitted to the Weld County Department of Planning Services. Minor Change #5: Amend 27-6-120.B.3 and 27-7-40.B.3.c. Arrange for legal notice of said hearing to be published once in the newspaper designated by the Board of County Commissioners for publication of notices. At the discretion of the Board of County Commissioners, a second notice may be published in a newspaper which is published in the area in which the PUD plan is proposed. The failure to publish the second notice shall not create a jurisdictional defect in the hearing process. The date of publication shall be at least fifteen (15)fourteen (14) days prior to the hearing. Minor Change #6: Add 27-2-155. Parking Lot Surface. Parking lot surface and construction shall be compatible with the surrounding development. Substantial Change #1: Add 27-2-76. Conservation Easement. An encumbrance upon an identified parcel of land stipulating the restriction on additional or future development. The easement restricts the development rights to the land, but the landowner still holds the title to the property, the right to restrict public access, and the right to sell, give, or transfer ownership of the property. Amend 27-2-140. Non-Urban Scale Development. Non-urban scale development consists of developments comprisinged of five (5) eight (8) or fewer residential lots, located in a non-urban area as defined in Chapter 22 of this Code, not adjacent to other PUD's, subdivisions, municipal boundaries or urban growth corridors. Non-urban scale development shall also include land used or capable of being used for agricultural production and including developments which combine clustered residential uses and agricultural uses in a manner that the agricultural lands are suitable for farming and ranching operations for the next forty (40) years. Non-urban scale development on 2001-0650 ORD2001-1 RE: ORDINANCE NO. 2001-1 PAGE 38 public water and septic systems shall have a minimum lot size of one (1) acre and an overall density of two and one-half (2'/:) acres per septic system. Non-urban scale development proposing individual, private wells and septic systems shall have a minimum lot size of two and one-half (21/2) acres per lot. A non-urban scale PUD preserving a minimum agricultural outlot of eighty (80) acres may be located adjacent to other non-urban scale PUD's which also preserve a minimum agricultural outlot of eighty (80) acres. Amend 27-2-190. Urban Scale Development. Urban scale development consists of developments exceeding five (5)eight (8) lots and/or located in close proximity to existing PUD's, subdivisions, municipal boundaries or urban growth corridors and boundaries. All urban scale developments shall pave the internal road systems of the development. Urban scale development requires support services such as central water and sewer systems, road networks, park and recreation facilities and programs, storm drainage and other similar services which are typically furnished by a municipality. Substantial Change #2: Add 27-2-55. Cluster PUD. A division of land creating single family residential parcels less than thirty-five (35) acres each pursuant to the Cluster PUD process. A minimum of two-thirds of the total area of the tract shall be reserved for contiguous land preservation. The density of a Cluster PUD shall not exceed two (2) residential units for each thirty-five (35) acres. The Cluster PUD option requires the preservation of land for agricultural purposes, view corridors, or wildlife habitat or critical areas. This preserved land shall not be developed for at least forty (40) years from the date the final plan is approved. Add 27-3-50. The intent`and standards of the Cluster PUD are located in Section 27-10-10. Add Article X Cluster PUD, as follows: 27-10-10. CLUSTER PUD A. To recognize the current 35-acre exemption law and implement the provisions of Section 30-28-401, et. seq., C.R.S., the definition of"Rural Land Use Process" found in 30-28-402, et. seq., C.R.S., and the conditions for Cluster Development found in 30-28-403, et. seq., C.R.S. B. To preserve and protect critical areas in the County by recognizing inherent qualities of individual properties. Such qualities may include agricultural land, regional preserves, parks and trails, distinctive landscapes, ecosystems, riparian zones, wetlands, ecosystems, view corridors, water-sheds, wildlife habitat, historic and archeological sites, and to encourage development respectful of these inherent qualities. C. To encourage development which fosters continued agricultural land uses and protects the County's rural character, agricultural heritage, and the character of existing communities while recognizing private property rights. D. To recognize Weld County's Right to Farm and W.Goal 3 in Chapter 22, Chapter 23, and all applicable County ordinances in effect. E. To promote the goal of contiguous land preservation. F. To develop new methods and incentives to encourage the retention of agricultural and critical lands as productive, non-renewable resources. 2001-0650 ORD2001-1 RE: ORDINANCE NO. 2001-1 PAGE 39 G. To consider the impact of the development on infrastructure and the environment. H. To encourage partnerships of the public/private communities to retain the County's rural character. To respond to the needs of the agricultural land owner. J. To evaluate the impact on surrounding properties. K. To establish rural development standards while encouraging innovative subdivision design technologies. L. To recognize and respect both individual rights and community interests and values when development is proposed. 10-10-20. Standards. A. If the Cluster PUD is proposed on agricultural lands, the land shall be currently used or capable of being used for agricultural production such as farming and ranching operations for the next forty (40) years from the date of final approval. B. The Outlot shall be restricted to operations and be free from development for any other uses for a period of forty (40) years from the date of final approval. C. A minimum of two-thirds of the total area of the tract must be reserved for the preservation of contiguous land. D. The Outlot may be used for all agricultural uses by right, as passive view corridors, recreation, or the preservation of environmentally-sensitive features such as wildlife habitat, or critical areas. E. Public access to the Outlot is not a requirement. The Outlot may be substituted for the common open space requirement used in the traditional Planned Unit Development application. F. The intent of the A (Agricultural)Zone District as outlined in the Zoning Ordinance and the Comprehensive Plan, including the Right to Farm Covenant, shall be met. G. A Cluster PUD may be used in urban and non-urban areas. A Cluster PUD shall follow the procedures as outlined in this Code. H. The number of single family residential units must not exceed two (2) per thirty- five (35) acre increment. The residential lots created by this option may not be further subdivided in the future. This ratio is illustrated in the table below. Size of Agricultural Combined Size of Outlot Site Initial Parcel Size Total Number of Residential (OPEN SPACE) in Acres Residential Lots Building Site in Acres 80 4 26.6 acres 53.3 acres 160 9 53.3 acres 106.6 acres 240 13 80 acres 160 acres 320 18 106.6 acres 213.3 acres 2001-0650 ORD2001-1 RE: ORDINANCE NO. 2001-1 PAGE 40 Additional increments The equivalent of 2 The equivalent of The equivalent of of 80 acres, not to Residential Lots per one-third of the entire two-thirds of the exceed 640 acres 35 acres not to site acreage entire site acreage exceed 36 Residential Lots 27-10-30. Application Process and Time Parameters. A. The Cluster PUD is a three-step process following the established PUD process of this Chapter. Substantial Change #3: Amend 27-2-210. Water_and-sewer provisions. A PUD Zone District shall be serviced by an adequate water supply and sewage dispoaal system. All I'UD's c itaiti;1R3 commercial and/or industrial uses shall be served by a public sewer system. All PUD's shall be served by a public water system as defined in this Chapter. An exception may be granted for eight (8)/five (5) lots or less residentially clustered PUD's when public water is not available and the residential PUD results in an intensity of development that preserves and enhances agricultural lands and production. A PUD applying for an exception to the public water requirement must be considered a non-urban scale development as defined in this Chapter. A PUD not served by public water shall preserve a minimum eighty-acre agricultural outlot. The Department of Planning Services and the Department of Public Health and Environment shall review any PUD applying for an exception to public water to determine if the application meets the intent of the PUD regulations and state water requirements. Add 27-2-176. Sewer Provisions. A PUD Zone District shall be served by an adequate sewage disposal system. All PUD's containing commercial and/or industrial uses, or those considered urban scale development, shall be served by an approved sewer system. The proposed subdivision shall comply with the sanitary sewage disposal requirements of the underlying zone district. Plans for the proposed subdivision shall be referred to the Weld County Department of Public Health and Environment for review. For those residential PUD's where sewage is proposed to be treated by septic systems, the Department of Public Health and Environment may require the applicant to submit additional engineering or geological reports or data and to conduct a study of the economic feasibility of the sewage treatment work prior to making a recommendation. The Department of Public Health and Environment may also require that all proposed septic systems provide enhanced treatment, and a design, installation, monitoring, maintenance, and management plan for all the individual sewage disposal systems. Enhanced treatment systems are those that incorporate aeration, alternating fields, effluent filters, sand filter systems, trickling filter systems, etc. Monitoring and maintenance should outline any scheduled inspections, septic tank pumping schedule, and other duties to be performed on each system. The management component should outline the funding source for the oversight of the plan, i.e. the Homeowners' Association,who will perform each of the various parts of the plan, and enforcement provisions. Substantial Change#4: Amend 27-7-40.D.1. In the event that it is determined that the final plan submittal is not consistent with the previous sketch plan and change of zone submittals, or if a conceptual development guide was submitted for the change of zone application, or if 2001-0650 ORD2001-1 RE: ORDINANCE NO. 2001-1 PAGE 41 the applicant has requested the creation of a Site Specific Development Plan pursuant to the Colorado Vested Rights Act and Chapter 23 of this Code, the Board of County Commissioners shall hold a public hearing to consider the final plan application and to take final action thereon. The Board's decision shall consider the recommendation of the Planner, referral agency responses, and the application case file to determine compliance with Subsections 2.a through 2.h below. Amend 27-6-120.B.6.h. Consistency exists between the proposed zone district(s), uses and the specific or conceptual development guide and concerns identified in sketch plan comments provided pursuant to Section 27-4-40 of this Code have been adequately addressed.. Amend 27-4-50. Major Changes to a Sketch Plan. Major changes from a reviewed sketch plan may require a resubmittal of a new sketch plan for the site. The Department of Planning Services is responsible for determining whether a major change exists except that when more than a year has elapsed since the sketch plan comments, a resubmittal of a new Sketch Plan for the site shall be required prior to submittal of an application for a Planned Unit Development zone change and the "application," for purposes of compliance with Section 24-68-102.5, C.R.S., shall be the application for the amended sketch plan. Substantial Change #5: Add 27-4-20.E.16. A statement describing how the applicant intends to improve adjacent roadways to meet the full typical section specified in the Weld County Transportation Plan and Chapter 24. Improvements may include the construction of travel lanes, shoulders, bike lanes, medians, curb, putter and sidewalks, for example. Required improvements may also include the acquisition of right-of-way and construction easements that will be dedicated to the public. Improvements attributed to the development shall be consistent with nexus of proportionality and shall be equivalent to the impacts of the development. The Road Improvements Agreement and Roadway Construction Plans shall be accepted by the Board of County Commissioners. Add 27-6-503.11. Structural Road Improvements Plan. All development within a PUD Zone District shall provide a plan describing how the applicant intends to improve adjacent roadways to meet the full typical section specified in the Weld County Transportation Plan and Chapter 24 of this Code. Improvements may include the construction of travel lanes, shoulders, bike lanes, medians, curb, gutter and sidewalks, for example. Required improvements may also include the acquisition of right-of-way and construction easements that will be dedicated to the public. The Road Improvements Agreement and Roadway Construction Plans shall be accepted by the Board of County Commissioners. Amend 27-7-30.J. A separate off-site road improvements agreement proposal. All development within a PUD Zone District shall provide a plan describing how the applicant intends to improve adjacent roadways to meet the full typical section specified in the Weld County Transportation Plan and Chapter 24. Improvements may include the construction of travel lanes, shoulders, bike lanes, medians, curb, gutter and sidewalks, for example. Required improvements may also include the acquisition of right-of-way and construction 2001-0650 ORD2001-1 RE: ORDINANCE NO. 2001-1 PAGE 42 easements that will be dedicated to the public. The Road Improvements Agreement and Roadway Construction Plans shall be accepted by the Board of County Commissioners. The off-site road improvement proposal shall describe, in detail, the type of off-site road improvements to determine if the requirement for street or highway facilities will be adequate in functional classification, width and structural capacity to meet the traffic requirements. The method of guaranteeing the installation of off-site road improvements shall be described as part of the agreement. The method of guarantee shall conform with the County's policy regarding collateral for improvements at Section 2-3-30 of this Code. Substantial Change # 6: Add 27-2-35. Buffer Zone or Area. An area used as a protection zone between two land uses of different intensity and compatibility. A Buffer Zone or Buffer Area is also referred to as a Transition Zone. Add 27-2-74. Conservation Area. Environmentally sensitive areas with characteristics such as steep slopes, wetlands, flood plains, high water tables, endangered species habitat, riparian areas, historic woodlands, native prairie, areas of significant biological productivity or uniqueness, or areas of significant cultural resources that have been designated for protection from any activity that would significantly alter their ecological integrity, balance or character. Add 27-2-165. Public Purpose. Parks, playgrounds, trails, paths, and other recreational areas and open spaces; scenic and historic sites; schools and other buildings and structures; and other places where the public is directly or indirectly invited to visit or permitted to congregate. A public purpose may also include productive agricultural lands; riparian areas and their buffers; wetlands and their buffers; conservation areas; buffer zones or areas; scenic areas; scenic corridors; floodways and floodplains; groundwater resources and recharge areas; historic, archaeological and cultural features; scenic viewsheds from public roads; wildlife preserves; and conservation areas. Areas such as wetlands and their buffers; conservation areas; buffer zones or areas; scenic areas; and scenic corridors are areas that may or may not allow public access. These spaces shall serve a public purpose by providing for the protection of environmentally sensitive lands, agricultural practices, and scenic areas or corridors. Add 27-2-172. Scenic Area. An open area with natural features that are visually significant or geologically or botanically unique. Add 27-2-174. Scenic Corridor. An area visible from a highway, waterway, railway, or major hiking, biking, or equestrian trail that provides scenic vistas over water, across expanses of land, such as farmlands, wetlands, prairies and grasslands, or riparian habitat. Add 27-2-220. Wetland. An area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions. 2001-0650 ORD2001-1 RE: ORDINANCE NO. 2001-1 PAGE 43 Add 27-4-20.E.17. In-lieu of the preservation of land for common open space and subject to the discretion of the Board of County Commissioners, the applicant has the option of paying to a public entity approved by the County an amount equal to a proportionate share of the market value of the overall property under development consideration at the time of final plat, or dedicating an equal number of acres at a different site. Should the developer select to purchase land for reduced on-site common open space, the land shall be purchased within the MUD Area, or an alternative site designated by the Board of County Commissioners. a. If the in-lieu method chosen by the applicant is the payment of cash, such value shall be determined by a land appraiser with the minimum qualifications of a Certified General Appraiser through the State Board of Real Estate Appraisers. An appraiser with additional qualifications of a MAI or an ARA is desirable. The appraiser shall be selected by both the Board of County Commissioners and the applicant. The applicant shall be responsible for all fees associated with the appraisal. b. The amount collected shall be deposited in a segregated account to be expended within ten years from the collection date for common open space, parks, wildlife preserves, riparian areas, trails, or other lands to be preserved. Details regarding this option are outlined in Chapter 26 of this Code. c. Any area so dedicated shall be approved by the proper public agency and shall be maintained by the public agency. A written agreement to this effect shall be provided to the Department of Planning Services at the time the Sketch Plan application is submitted. The agreement shall indicate the agency's readiness and ability to accept the land dedication or conservation easement. A brief statement regarding the maintenance of the property shall also be provided. Failure to provide this information may result in the Department of Planning Services inability to accept the Change of Zone application on the subject site. d. Performance Standards and Bulk Standards of the proposed zoning district shall be adhered to. Amend 27-6-120.B: 3. Arrange for legal notice of said hearing to be published once in the newspaper designated by the Board of County Commissioners for publication of notices. At the discretion of the Board of County Commissioners, a second notice may be published in a newspaper which is published in the area in which the PUD plan is proposed. The failure to publish the second notice shall not create a jurisdictional defect in the hearing process. The date of publication shall be at least fourteen (14) days prior to the hearing. The public notice shall include a legal description of the property being considered for off-site dedication for a public purpose. If the Cash-In-Lieu option is selected, the public notice shall also include a statement to that effect 4. Give notice for the proposed change of zone and the public hearing date to those persons listed in the application as owners of property located within five hundred (500) feet of the parcel under consideration, and owners and lessees of the mineral estate on or under the parcel under consideration. Such notification shall be mailed, first class, not less than fifteen (15) days before the scheduled public hearing. Such notice is not required by state statute and is provided as a courtesy to the owners and lessees of the mineral estate on or under the parcel. Inadvertent errors by the applicant in supplying such list or the Board of County 2001-0650 ORD2001-1 RE: ORDINANCE NO. 2001-1 PAGE 44 Commissioners in sending such notice shall not create a jurisdictional defect in the hearing process even if such error results in the failure of a surrounding property owner or owners and lessees of mineral estates to receive such notification. Notice shall include a legal description of the property being considered for off-site dedication for public purpose. If the Cash-In-Lieu option is selected, the public notice shall also include a statement to that effect. 5. The Department of Planning Services shall post a sign for the applicant on the property under consideration for a PUD rezoning. The sign shall be posted adjacent to and visible from a publicly maintained road right-of-way. In the event the property under consideration is not adjacent to a publicly maintained road right-of-way, one (1) sign shall be posted at the point at which the driveway (access drive) intersects a publicly maintained road right-of-way. The sign shall be posted at least fifteen (15) days prior to the hearing. The sign posting shall also include a legal description of the property being considered for off-site dedication for a public purpose. A sign shall be posted on the property under consideration as the off-site dedication. If the Cash-In-Lieu option is selected, the public notice shall also include a statement to that effect Add 27-6-80.6.8 All PUD's may apply for a greater density and have reduced common open space when applying the Cash-In-Lieu alternative listed in Chapter 26 of this Code. Should the applicant choose the Cash-In-Lieu alternative, the site may be developed at a density equivalent to the remainder of the proposal. a. The required acreage may be determined according to the overall common open space requirement reduction. Such Open Space shall be dedicated to a public agency for one or more essential public purposes. Any area so dedicated shall be approved by the proper public agency and shall be maintained by the public agency. The required acreage as determined may be reserved through deed restrictions as open area, the maintenance of which shall be ensured by specific obligations in the deed of each lot within the subdivision. A written agreement to this effect shall be provided to the Department of Planning Services at the time the Sketch Plan application is submitted. Failure to provide this information may result in the Department of Planning Services inability to accept the Change of Zone application on the subject site. b. In-lieu of the preservation of land for common open space and subject to the discretion of the Board of County Commissioners, the applicant has the option of paying to a public entity approved by the County an amount equal to a proportionate share of the market value of the overall property under development consideration at the time of final plat, or dedicating an equal number of acres at a different site. Such public entity shall possess the authority to hold land for public purposes. Should the developer select to purchase land for reduced on-site common open space, the land shall be purchased within the MUD area, or an alternative site designated by the Board of County Commissioners. c. If the in-lieu method chosen by the applicant is the payment of cash, such value shall be determined by a land appraiser with the minimum qualifications of a Certified General Appraiser through the State Board of Real Estate Appraisers. An appraiser with additional qualifications of a MAI or an ARA is desirable. The appraiser shall be selected by both the Board of County Commissioners and the applicant. The applicant shall be responsible for all fees associated with the appraisal. 2001-0650 ORD2001-1 RE: ORDINANCE NO. 2001-1 PAGE 45 d. The amount collected shall be deposited in an escrow-account to be expended within ten years from the collection date for common open space, parks, wildlife preserves, riparian areas, trails, or other lands to be preserved. Details regarding this option are outlined in Chapter 26. e. Any area so dedicated shall be approved by the proper public agency and shall be maintained by the public agency. A written agreement to this effect shall be provided to the Department of Planning Services at the time the Sketch Plan application is submitted. The agreement shall indicate the agency's readiness and ability to accept the land dedication or conservation easement. A brief statement regarding the maintenance of the property shall also be provided. Failure to provide this information may result in the Department of Planning Services inability to accept the Change of Zone application on the subject site. f. Performance Standards and Bulk Standards of the proposed zoning district shall be adhered to. Substantial Change #7: Add 27-2-94. Guest. Any person occupying a room for living or sleeping purposes. Add 27-1-96. Guest House. An attached or detached building that provides living quarters for guests of the permanent residents of the principal dwelling on a lot in an approved PUD Subdivision. The guest house shall be designed, used or intended for use as a complete independent living facility for one individual or family. One guest house per lot may be permitted through the PUD process in Subdivisions proposed after the effective date of this amendment. A guest house shall comply with the following requirements: A. The guest house may not be used on any basis as a rental. Covenants for the PUD shall enforce this stipulation. B. Application materials for the PUD must clearly indicate where a guest house shall be allowed within the PUD. This shall be reflected on all plats and in all application materials. C. The single-family character of the principal dwelling unit must be maintained, including, but not limited to one main entrance to the structure (front door), one set of utility meters and one address for the property. Covenants for the PUD shall enforce Design Standards. D. The guest house is subordinate in purpose, area, or intensity of the single family dwelling. E. When the guest house is attached to the principal dwelling, it shall be incorporated into the design of the principal dwelling. F. The gross floor area of the principal dwelling shall be no less than sixteen hundred (1,600) square feet in size, excluding the size of the basement and garage. G. The minimum gross floor area of the guest house shall be no less than three hundred (300) square feet in size, and the maximum shall not exceed fifty percent (50%) in size of the gross floor area of the single family dwelling, not to exceed one thousand (1,000) square feet in size. H. One additional off-road parking space must be provided for each bedroom in the guest house. Building permit applications for the guest house are subject to all applicable impact fees. 2001-0650 ORD2001-1 RE: ORDINANCE NO. 2001-1 PAGE 46 BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is, directed to arrange for Colorado Code Publishing to supplement the Weld County Code with the amendments contained herein, to coincide with chapters, articles, divisions, sections, and sub-sections as they currently exist within said Code; and to resolve any inconsistencies regarding capitalization, grammar, and numbering or placement of chapters, articles, divisions, sections, and sub-sections in said Code. BE IT FURTHER ORDAINED by the Board if any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The Board of County Commissioners hereby declares that it would have enacted this Ordinance in each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. The above and foregoing Ordinance Number 2001-1 was, on motion duly made and seconded, adopted by the following vote on the 16th, day of April, A. D., 2001. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: M. J. Geile, Chair Weld County Clerk to the Board Glenn Vaad, Pro-Tern BY: Deputy Clerk to the Board William H. Jerke APPROVED AS TO FORM: David E. Long County Attorney Robert D. Masden Publish February 14, 2001, in the Tri-Town Farmer and Miner First Reading: March 7, 2001 Publication: March 14, 2001, in the Tri-Town Farmer and Miner Second Reading: March 26, 2001 Publication: April 4, 2001, in the Tri-Town Farmer and Miner Final Reading: April 16, 2001 Publication: April 25, 2001, in the Tri-Town Farmer and Miner Effective: April 30, 2001 2001-0650 ORD2001-1 Hello