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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and hereby are, repealed and re-enacted, with amendments, and the various Chapters are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
Add and amend 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.
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PAGE 2
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.
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
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FRONTAGE LOT is often referred to as a Through Lot, as illustrated below.
Amend LIVESTOCK: Cattle, bison, mules, burros, llamas, alpacas, ostriches, elk,
horses, swine, sheep, goats, poultry and rabbits.
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RE: ORDINANCE NO. 2001-1
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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
.1 10 40
Goat .1 10 40
Alpaca .075 13 52
Poultry .02 50 200
Rabbit .02 50 200
Table 23-1B
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 .1 10 10
Alpaca .075 13 13
Poultry .04 25 25
Rabbit .04 25 25
2001-0943
ORD2001-1
RE: ORDINANCE NO. 2001-1
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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 .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 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 production and including
2001-0943
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RE: ORDINANCE NO. 2001-1
PAGE 5
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'/) 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 (2'/z) 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. 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 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.
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Amend SCREENED: Add as the last sentence -A SCREENING plan shall be submitted
and approved by the Department of Planning Services.
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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, 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.
Amend URBAN SCALE DEVELOPMENT: DEVELOPMENTS exceeding 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,
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road networks, park and recreation facilities and programs, and storm drainage
Amend 23-2-20.B.6.b and 23-2-210.B.6.b - Add "or Intergovernmental Agreement" to the end of
the sentence.
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.U. A statement explaining that the USE 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:
Add second sentence to 23-2-160.W.1. The plat shall bear original signatures and seals in
permanent black ink.
Delete 23-2-160.W.2 and 23-2-160.W.3 entirely.
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
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
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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.
Add 23-2-260.A.8, 23-2-370.D.2.k, 23-4-260.G.12, 23-2-50.6.14, and 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.
Add 23-2-260.A.12, 23-2-370.D.2.j, 23-4-260.G.11, 23-2-50.6.13, and 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.
Add 23-2-260.B.12, 23-2-50.6.12, and 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.
Amend 23-2-470.F.2. Maintain the elevation and floodproofing certifications required in Section
29-2 of this Code.
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. . .
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.
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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 exceeded and
where the vehicular traffic generated by the boarding activity is less than sixty (60) trips per day
to and from the property.
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
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
2001-0943
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PAGE 10
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.
Add 23-3-40.6.15. Rodeo Arenas, Commercial.
Add 23-3-40.6.16. Roping Arenas to include both indoor and outdoor arenas.
Add 23-3-40.C.8. RECREATIONAL FACILITIES such as water skiing lakes, dirt bike race
courses, for example, that are used as public or private COMMERCIAL
RECREATIONAL FACILITIES.
Amend 23-3-40.M. MULTI-FAMILY DWELLINGS for persons PRINCIPALLY employed at or
engaged in FARMING, RANCHING or GARDENING.
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.
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.
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 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.
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RE: ORDINANCE NO. 2001-1
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Add 23-4-100.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 signs located within five hundred (500)feet 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.
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 for a MOBILE HOME required by this
Division shall include the following:
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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.
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.
An application fee. Each request for a renewal or extension of a TEMPORARY
permit shall also be accompanied by the appropriate application fee.
J. The requirements of this Section 43, MOBILE HOMES require the applicant to
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 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. All temporarily-permitted MOBILE HOMES shall be blocked and
tied pursuant to the requirements of Chapter 29 of this Code.
2001-0943
ORD2001-1
RE: ORDINANCE NO. 2001-1
PAGE 13
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. 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. Only one (1) zoning permit for a MOBILE HOME as a 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 234-210 through 23-4-210.1 entirely.
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.
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.
Delete 23-5-250.6.1 through 14 entirely.
Add last sentence to 23-6-20.C, 23-6-30.C; 23-6-40.C; 23-6-50.C.1. The Board of Adjustment
decision shall be based upon the interpretation of Chapter 23 of this Code.
CHAPTER 24
SUBDIVISIONS
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.
2001-0943
ORD2001-1
RE: ORDINANCE NO. 2001-1
PAGE 14
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.
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' I 01.0414 EOUNOARY
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.
Public Purpose. Shall be defined as 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; 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.
2001-0943
ORD2001-1
RE: ORDINANCE NO. 2001-1
PAGE 15
Reverse Frontage: A through lot that is not accessible from one of the parallel or
nonintersecting streets upon which it fronts.
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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.
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.
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.
Travel Way: The Travel Way is defined as that portion of the roadway for movement of
vehicles, exclusive of shoulders and auxiliary lanes.
2001-0943
ORD2001-1
RE: ORDINANCE NO. 2001-1
PAGE 16
Amend definitions in 24-1-40:
Non-urban Scale Development: Developments comprised of eight (8) or 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'/z) 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 (2'/z) 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.
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, 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.
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 this State pursuant to the law of
eminent domain, by operation of law, or by order of any court in this State
if the Board of County Commissioners 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;
2001-0943
ORD2001-1
RE: ORDINANCE NO. 2001-1
PAGE 17
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
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 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.
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.
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 24-3-20.O and 24-4-10.6.13. 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.
Amend 24-3-30.C. Prepare a recommendation for the applicant addressing all aspects of the
application including:
2001-0943
ORD2001-1
RE: ORDINANCE NO. 2001-1
PAGE 18
1. 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 24-3-50.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.
Amend 24-3-50.T, 24-4-30.B.8, and 24-4-40.D.5 to read as follows: 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 24-3-50.U.2, and 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. 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. 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.
2001-0943
ORD2001-1
RE: ORDINANCE NO. 2001-1
PAGE 19
Amend 24-3-60.C. Give notice of the proposed minor subdivision final plat 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. Such notification shall be mailed, first
class, not less than ten (10) days before the scheduled public hearing.
Amend 24-3-60.D. Give notice of the proposed minor subdivision final plat and the public
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.
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. 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. Standards established in Appendices #24-D and #24-E.
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 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
Add 24-4-40.D.3.u. An erosion control report may be required at the request of the Department
of Public Works.
Amend 24-4-40.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 plat shall meet the following criteria: bear original signatures and
seals; be made from a dimensionally stable polyester sheet such as
2001-0943
ORD2001-1
RE: ORDINANCE NO. 2001-1
PAGE 20
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.E.6.a. 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
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 24-5-25. 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.
Amend 24-7-20.A. All streets within subdivisions and planned unit developments will be
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.
2001-0943
ORD2001-1
RE: ORDINANCE NO. 2001-1
PAGE 21
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
three hundred twenty (1,320) feet ('/ 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 ('/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.
2001-0943
ORD2001-1
RE: ORDINANCE NO. 2001-1
PAGE 22
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
measured from centerline to centerline.
Add 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.
Add 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.
ST/« e' T GS�a GLASS Ip CATIc,wJ>
5, HT vl YI r of WAY
TICIANG[-6
G As'BMCNT
CTYPIc.s.t_) j
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 Design of Highways
2001-0943
ORD2001-1
RE: ORDINANCE NO. 2001-1
PAGE 23
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.
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.
Add 24-7-20.1. 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.
3. Maximum Grade Change on all roadways without a vertical curve is one (1)
percent. This percentage shall include the approaches to valley gutters.
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 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 five (5) feet in width shall be placed within the pedestrian rights-
of-way.
2001-0943
ORD2001-1
RE: ORDINANCE NO. 2001-1
PAGE 24
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 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 24-7-20.A of this Code.
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 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 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.
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 1-25 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
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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 24-7-180. Public sites and open spaces.
A. Within a Subdivision, the 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
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 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. 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 servation, shall be
determined by the standards outlined in Chapters 26 and 27.
Delete 24-7-180.E.1 through 2 entirely.
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).
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.
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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 24-8-30.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
thisCode including, but not limited to, Sections 1.3.1 and 1.3.10.
Add 24-8-30.O. A statement explaining the current irrigation practices occurring on the site.
Add 24-8-50.A.7. An approved access that will provide for safe access to and from the parcels.
Amend 24-8-70.G. Any lot to be created through a recorded exemption procedureshall 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.
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 24-8-80:
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.
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Add 24-8-150.G.7. An approved access that will provide for safe access to and from the
parcels.
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. 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. 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.
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."
CHAPTER 26
MIXED USE DEVELOPMENT
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.
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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
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
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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.
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.
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 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.
CHAPTER 27
PLANNED UNIT DEVELOPMENT
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
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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.
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 27-2-76. 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.
Add 27-2-94. Guest. Any person occupying a room for living or sleeping purposes.
Amend 27-2-140. Non-Urban Scale Development. Non-urban scale development consists of
developments comprised of eight (8) or fewer residential lots, located in a non-urban area as
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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 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 (2'/z) 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.
Add 27-2-155. Parking Lot Surface. Parking lot surface and construction shall be compatible
with the surrounding development.
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 27-2-176. 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
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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.
Amend 27-2-190. Urban Scale Development. Urban scale development consists of
developments exceeding 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.
Amend 27-2-210. Water provisions. A PUD Zone District shall be serviced by an adequate
water supply.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 27-2-220. 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.
Add 27-3-40. General Requirement for Collateral. The policy on Collateral as outlined in
Section 2-3-30 shall be followed.
Add 27-3-50. The intent and standards of the Cluster PUD are located in Section 27-10-10.
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, 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 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 27-4-20.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
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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.
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.
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.
Delete 27-5-30.B. This section was purposely deleted.
Amend 27-5-30.C and 27-7-30.M. 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.
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
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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.
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.
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.
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 27-6-50.6.11. 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.
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.
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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.
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.
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.
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
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RE: ORDINANCE NO. 2001-1
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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
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 a 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
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 27-7-30.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 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.
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ORD2001-1
RE: ORDINANCE NO. 2001-1
PAGE 37
Amend 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 fourteen (14) days prior to the hearing.
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 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.
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.
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.
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RE: ORDINANCE NO. 2001-1
PAGE 38
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
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.
2001-0943
ORD2001-1
RE: ORDINANCE NO. 2001-1
PAGE 39
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-Tem
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
2001-0943
ORD2001-1
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