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Home My WebLink About810482.tiff /� c , BOOK RECEPTION18 .23f/R DIET UG 2 5 1981 TIME �a,/G�M MARY ANN FEUERSTEIN, Clerk and Recorder, Weld County, Colorado CD 944 1865,3;3 AUG 11 1981 BOOK RECEPTION DATE TIME 7" SO MARY ANN FEUERSTEIN, Clerk and Recorder, Weld County, Coloracjer ORDINANCE NO. 89 �/ a3/-/ 0 WELD COUNTY ZONING ORDINANCE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY, 0 n COLORADO: 3 O WHEREAS , the Board of County Commissioners of Weld County, Colorado , c pursuant to Colorado statute and the Weld County Home Rule Charter , tfl is vested with the authority of administering the affairs of Weld County, Colorado , and ' WHEREAS , the Board of County Commissioners has the power and autho- r-: rity under the Weld County Home Rule Charter and Article 28 of Title 30 , CRS 1973 , to adopt zoning regulations for the unincor- porated areas of the County of Weld, and WHEREAS , the Board of County Commissioners of Weld County hereby finds and determines that there is a need for a comprehensive revision of the zoning regulations and zoning maps for the County of Weld and that this Ordinance is for the benefit of the health, safety and welfare of the people of Weld County. NOW, THEREFORE , BE IT ORDAINED by the Board of County Commissioners of Weld County , Colorado that : 810482 k : /0/ 1867328 944 1865933 BOOK945 RECEPTION .._. ._..... BOOK.....—. RECEPTION....... .e_.. _ , o2314- A 0131 •A GENERAL TABLE OF CONTENTS SECTION PAGE Revisions and Amendments -- 1 - 9 Introductory Information 1-1 10 Definitions 10-1 20 Procedures and Permits 20-1 30 Zone Districts 30-1 40 Supplementary District Regulations 40-1 50 Overlay Districts 50-1 60 Board of Adjustment 60-1 70 Non-Conforming Lots , Uses , Structures 70-1 80 Enforcement 80-1 Subject Index -- i ' 1865933 945 1867328 BOOK 944 RECEPTION BOOK__.........._. RECEPTION___. 4231-3 013/- ,3 TABLE OF CONTENTS SECTION PAGE Revisions and Amendments -- Introductory Information 1 Title 1-1 2 Authority 1-1 3 Scope 1-1 4 Purpose and Intent 1-1 5 Interpretation 1-3 6 Relationship with Other Laws 1-3 7 Severability 1-4 8 Implementation Procedures 1-4 9 Enactment 1-8 10 Definitions 10-1 20 Procedures and Permits 20-1 21 Amendments to the Map of the Zoning Ordinance 20-1 22 Amendments to the Text of the Zoning Ordinance 20-15 23 Site Plan Review 20-17 24 Uses by Special Review 20-18 25 Special Review Permit for Major Facilities of a Public Utility 20-35 26 Flood Hazard Overlay District Development Permit 20-49 27 Geologic Hazard Overlay District Development Permit 20-54 28 Procedures and Requirements of the PUD District 20-58 ii 945 1867328 A� A 1865933 BOOK RECEPTION LBOOK9.4.4. RECEPTION M. 231 y SECTION 0231'4 PAGE 30 Zone Districts 30-1 31 A (Agricultural) District 30-1 32 Residential Districts 30-5 33 Commercial Districts 30-16 34 Industrial Districts 30-30 35 PUD (Planned Unit Development) District 30-41 40 Supplementary District Regulations 40-1 41 Offstreet Parking and Loading Requirements 40-1 42 Signs 40-5 43 Mobile Homes and Accessory Dwelling Units 40-7 44 Open-Mining 40-20 45 Supplementary Regulations for cer- tain Uses by Special Review 40-27 50 Overlay Districts 50-1 51 A-P (Airport) Overlay District 50-1 52 Geologic Hazard Overlay District 50-6 53 Flood Hazard Overlay District 50-7 60 Board of Adjustment 60-1 61 Powers and Duties 60-1 62 Appeals Procedure 60-2 iii 944 1865933 945 1867328 BOOK RECEPTION BOOK RECEPTION ;31-3 2..7f-Se SECTION PAGE 70 Non-Conforming Lots , Uses and Structures 70-1 71 Intent 70-1 72 Non-Conforming Lots 70-1 73 Non-Conforming Uses of Land 70-1 74 Non-Conforming Structures 70-2 75 Non-Conforming Uses of Structures 70-3 76 Uses Allowed by Special Review Permit are not Non-Conforming Uses 70-5 80 Enforcement 80-1 81 Violations and Penalties 80-1 82 Criminal Action 80-1 83 Civil Action 80-2 Alphabetical Subject Index a iv 944 18659331867328 BOOK....... ... RECEPTION 800K _ RECEPTION a31-(o 0731-- 6 Introductory Information 1 Title 1. 1 The regulations contained herein shall be known and cited as the Weld County Zoning Ordinance. 2 Authority 2. 1 Weld County is authorized by law to regulate zoning , plan- ning , subdivision of land, and BUILDING by virtue of Section 30-28-101 , et . seq. , C.R. S . , 1973 , as amended; to regulate certain activities on and USES of land by Section 29-20-101 , et. seq. , C. R.S . , 1973 , as amended; to designate and ad- minister areas and activities of state interest by Section 24-65 . 1-101 , et . seq. , C.R. S. , 1973 , as amended; and to regulate PLANNED UNIT DEVELOPMENTS by Section 24-67-101 , et . seq. , C.R. S . , 1973 , as amended. In addition, Weld County is authorized to regulate zoning , planning, subdivision of land and BUILDING by virtue of the Weld County Home Rule Charter. Should further authorizing legislation exist or be enacted, this Ordinance is additionally deemed to be enacted pursuant thereto, except to the extent it may be inconsistent there- with. 3 Scope 3 . 1 This Ordinance shall apply to all PUBLIC and private lands situated within the unincorporated portions of Weld County, over which Weld County has jurisdiction under the Constitu- tions and Laws of the State of Colorado and of the United States of America. 4 Purpose and Intent 4. 1 The purpose of this Ordinance is to provide a unified regu- latory system for land USE in Weld County . This Ordinance is designed to promote the health, safety, convenience, morals , order , and welfare of the present and future in- habitants of Weld County. The present and future inhabi- tants of Weld County will be benefited through: 4. 1 . 1 Lessening congestion in the STREETS or roads or reducing the waste caused by excessive amounts of roads ; 4. 1. 2 Securing safety from fire, flood waters and other dangers ; 4. 1 . 3 Providing adequate light and air; 4. 1 . 4 Classification of land USES and distribution of land DEVELOPMENT and utilization; 1-1 945 944 1865933 BOOK RECEPTION......186`7328 BOOK...,..,.,..... RECEPTION 231-7 nt- 7 4. 1 . 5 Protecting the tax base of the COUNTY; 4. 1 . 6 Securing economy in governmental expenditures ; 4. 1 . 7 Fostering the COUNTY' S agricultural , business , mining and other economic bases ; 4. 1 . 8 Protecting both urban and non-urban DEVELOP- MENT; 4. 1. 9 Conserving the value of property; and 4. 1 . 10 Encouraging the most appropriate USE of land. 4. 2 This Ordinance is further intended to protect the public health, safety, and welfare by: 4. 2 . 1 Regulating activities and DEVELOPMENT in hazardous areas ; 4. 2. 2 Protecting lands from activities which would cause immediate or forseeable material danger to significant wildlife habitat and would endanger a wildlife species ; 4. 2.3 Preserving areas of historical and archaeo- logical importance; 4. 2 .4 Regulating, with respect to the establishment of, roads on public lands administered by the federal government . This authority includes authority to prohibit, set conditions or require a permit for the establishment of any road authorized under the general right-of-way granted to the public by 43 U. S.C. 932 (R. S . 2477) ; 4. 2. 5 Regulating the location of activities and DEVELOPMENTS which may result in significant changes in population density; 4. 2. 6 Providing for phased development of PUBLIC services and facilities ; 4. 2. 7 Regulating the USE of land on the basis of the impact of land USE changes on the community or surrounding areas ; and 4. 2. 8 Otherwise planning for and regulating the USE of land so as to provide planned and orderly USE of land and protection of the environment in a manner consistent with constitutional rights . 1-2 944 945 186'7328 BOOK RECEPTION 1865933 BOOK RECEPTION 0231-6....._ x313'. 5 Interpretation 5. 1 The word "person" includes a firm, association, govern- mental entity, organization, partnership , trust , company, or corporation as well as an individual . 5 . 2 The word "shall" is mandatory. 5. 3 The word "may" is permissive. 5. 4 The words "used" or "occupied" include the words "intended , designed, or arranged to be used or occupied" . 5. 5 The word "lot" includes the words "plot" or "parcel" . 5 . 6 Words used in the present tense include the future tense. 5 . 7 Words in the singular number include the plural number , words in the plural number include the singular number , unless the context clearly indicates the contrary. 5 . 8 The particular controls the general. 5 . 9 Words and phrases used in this Ordinance which are not specifically defined in Section 10, shall be assigned their ordinary, contemporary meanings . 5 . 10 All Uses Allowed by Right , Temporary Uses , and Uses by Special Review listed in this Ordinance are representative and are not all inclusive. 6 Relationship with Other Laws 6. 1 In their interpretation and application, the provisions of this Ordinance shall be regarded as the minimum requirements for the protection of public health, safety, comfort , morals , convenience , and welfare. 6. 2 This Ordinance shall be regarded as remedial and shall be liberally construed to further its underlying purposes . 6.3 Whenever a provision of this Ordinance and any other pro- vision of this Ordinance, or any provision of any other law, rule, contract , resolution, ordinance, or regulation of the State, Federal government or of Weld County, of any kind, contain restrictions covering the same subject matter , the more restrictive requirements or higher standards shall govern. 1-3 ((�� 1865933 945 ,� B00iC'44 RECEPTION 600K RECEPTION 186'73,8 cl ;31- �3r-9 7 Severability 7 . 1 If any section, subsection, paragraph, sentence, clause or phrase of this Zoning Ordinance is for any reason held or decided to be unconstitutional , such decision shall not affect the validity of the remaining portions . The Board of County Commissioners hereby declares that it would have passed this Zoning Ordinance and 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. 8 Implementation Procedures 8. 1 Repeal of Previous Zoning Resolution 8. 1. 1 The Official Weld County Zoning Resolution adopted May 29 , 1961 is hereby repealed. The maps accompanying the repealed Official Weld County Zoning Resolution shall be amended according to the redistricting procedures in Section 8. 2 of this Zoning Ordinance. The Weld County Flood Hazard Overlay District Zoning Maps , recorded April 22 , 1980, in Book 901, Reception Numbers 1822844 through 1822908, inclusive ; and the Geologic Hazard Area Map of Potential Ground Subsidence Areas in Weld County recorded May 22 , 1978 , in Book 832 , Reception Number 1754240 are not repealed or amended by this Section. The repeal of the Official Weld County Zoning Resolution shall not prevent the prosecution and punishment of any person for any violation committed prior to its repeal and map amendment . The repeal of the Zoning Resolution shall not affect or repeal any conditions or standards imposed as a condition for approval of any land USE decision by the Board of County Commissioners prior to the effective date of this Zoning Ordinance. 8. 2 Redistricting Procedure for Amending the Official Zoning Map 8. 2. 1 Intent. The repealed Official Weld County Zoning Resolution, and accompanying map con- tain zone district classifications which are different from the zone district classifica- tions in this Zoning Ordinance. The intent of this redistricting procedure is to ensure an orderly and harmonious transition from the repealed Official Weld County Zoning Map zone district classifications to the zone district classifications in this Official Weld County Zoning Ordinance. The Planning Commission and the Board of County Commissioners shall 1-4 1865933 1867328 Boo 944 RECEPTION BOOINp45 RECEPTION —a31_/d 02300 consider the following redistricting proce- dures during the adoption of this Zoning Ordinance and the amendment to the Official Weld County Zoning Map. It is not the intent of the redistricting process to correct zoning errors or deficiencies or faulty zoning, or to rezone land because of changing conditions or because it does not conform to the Weld County Comprehensive Plan. 8. 2. 1. 1 If a parcel of land has been originally zoned by the Board of County Commissioners under the provisions of the Weld County Zoning Resolu- tion and that parcel now contains a number of separate parcels and different USES , the Planning Commission and the Board of County Commissioners may redistrict the entire parcel of land to the least restrictive zone district in this ordinance which most closely corres- ponds to the previous zoning within the ori- ginal zone district boundaries . 8. 2. 1. 2 All land zoned Agricultural on the Official Zoning Map of the repealed Weld County Zoning Resolution will be renamed Agricultural on the Official Zoning Map of the Weld County Zoning Ordinance. 8. 2. 1.3 All land zoned Estate and Residential on the Official Zoning Map of the repealed Weld County Zoning Resolution will be renamed R-1 on the Official Zoning Map of the Weld County Zoning Ordinance. Developed land or land which has an existing USE which is zoned High Density Residential on the Official Zoning Map of the repealed Weld County Zoning Resolution will be renamed to the most appropriate R-2 , R-3 or R-4 Residential District on the Offi- cial Zoning Map of the Weld County Zoning Ordinance according to the existing USE. Undeveloped land which is zoned High Density Residential on the Official Zoning Map of the repealed Weld County Zoning Resolution will be renamed to the most appropriate R-2 , R-3 or R- 4 Residential District on the Official Zoning Map of the Weld County Zoning Ordinance ac- cording to the intent or conditions of the original zone amendment or according to the procedures established in Sections 8 . 2. 1 and 8. 2. 2. All land zoned Mobile Home on the Official Zoning Map of the repealed Weld County Zoning Resolution will be renamed R-5 on the Official Zoning Map of the Weld County Zoning Ordinance. 1-5 944 1865933 BOOK RECEPTION -�•• ��• BOOK 945 RECEPTION 1867328 8. 2. 1. 4avii Developed land or land which has an existing USE which is zoned Transitional on the Offi- cial Zoning Map of the repealed Weld County Zoning Resolution will be renamed to the most appropriate Residential or Coumiercial Zone District on the Official Zoning Map of the Weld County Zoning Ordinance according to the existing USE. Undeveloped land which is zoned Transitional on the Official Zoning Map of the repealed Weld County Zoning Resolution will be renamed to the most appropriate Residential or Commercial District on the Official Zoning Map of the Weld County Zoning Ordinance according to the intent or conditions of the original zone amendment or according to the procedures established in Section 8. 2 . 1 and 8 . 2 . 2. 8 . 2. 1. 5 Developed land or land which has an existing USE which is zoned Business or Commercial on the Official Zoning Map of the repealed Weld County Zoning Resolution will be renamed to the most appropriate Commercial, Industrial or Agricultural District on the Official Zoning Map of the Weld County Zoning Ordinance ac- cording to the existing USE. Undeveloped land zoned Business or Commercial on the Official Zoning Map of the repealed Weld County Zoning Resolution will be renamed C-1 on the Official Zoning Map of the Weld County Zoning Ordinance. 8. 2 . 1. 6 All land zoned Scientific on the Official Zoning Map of the repealed Weld County Zoning Resolution will be renamed to I-1 on the Official Zoning Map of the Weld County Zoning Ordinance. 8 . 2 . 1 . 7 Developed land or land which has an existing USE which is zoned Industrial on the Official Zoning Map of the repealed Weld County Zoning Resolution will be renamed to the most appro- priate Industrial , Commercial or Agricultural District on the Official Zoning Map of the Weld County Zoning Ordinance according to the existing USE. Undeveloped or vacant land zoned Industrial on the Official Zoning Map of the repealed Weld County Zoning Resolution will be renamed to I-1 on the Official Zoning Map of the Weld County Zoning Ordinance. 8. 2 . 2 If a parcel of property or LOT zoned under the provisions of the repealed zoning resolution may be redistricted or renamed to more than one zone district in this Ordinance due to the nature of the USE conducted on the property or LOT, the Planning Commission and Board of County Commissioners shall use the following 1-6 BOOK944 RECEPTION 18fi.�3 3.3 BOOK 945 RECEPTION 186732s X231 - IZ, standards to determine the most appropriate zone district designation for the USE and the property. 8. 2. 2. 1 The Planning Commission and the Board of County Commissioners shall consider the intent statement , Section 8 . 2. 1 of the redistricting procedure and the specific standards contained in Sections 8. 2. 1. 1 to 8 . 2. 1. 7 , inclusive. If after applying these standards there is still a choice between two different zone districts , the Planning Commission and the Board of County Commissioners shall consider the fol- lowing standards . 8 . 2. 2. 2 If one zone district in this Ordinance would allow the USE in question to be allowed by right and the other zone district would allow the USE by permit , the Planning Commission and the Board of County Commissioners shall assign the zone district designation which would allow the USE by right. 8. 2. 2.3 If both zone districts in this Ordinance would allow the USE by right or if both zone dis- tricts in this Ordinance would allow the USE by permit , the Planning Commission and Board of County Commissioners shall consider the intent statements at the beginning of the zone district in the text of the Ordinance to determine the most appropriate zone district to assign to the property. 8. 2. 2. 4 If both zone districts in this Ordinance would allow the USE by right or if both zone dis- tricts in this Ordinance would allow the USE by permit , and the Planning Commission and the Board of County Commissioners cannot make a determination for naming a new zone district based upon the standards and procedures con- tained in Section 8. 2. 1 and 8 . 2. 2 , the Plan- ning Commission and Board of County Commis- sioners shall assign a district designation most similar in name and uses allowed to the district designation that existed on the property under the provisions of the repealed Weld County Zoning Resolution. 8. 2.3 If a landowner has initiated substantial development of a parcel of land and this development is allowed in the zone district under the provisions of the repealed Weld County Zoning Resolution, but is not permitted in the zone district proposed under the pro- visions of this Ordinance, the Planning 1-7 944 1865933 BOOK RECEPTION............... ..... .me» BOO 4S RECEPTION 186'7328 x31 13 __a9.j.. Commission and the Board of County Commis- sioners may redistrict a legally definable part of the land or the entire parcel to a zone district in this Ordinance which would allow the USE as a use allowed by right or by permit. Substantial development shall be considered to be issuance of a building permit or actual physical development of the property which conforms to the provisions of the exist- ing Weld County Regulations . 8. 2. 4 Minor Corrections. A property owner may request a meeting before the Board of County Commissioners for the purpose of making a minor correction resulting from the applica- tion of the redistricting procedures by the Board of County Commissioners . This request shall be filed with the Clerk of the Board of County Commissioners within one hundred eighty (180) days following the effective date of this Zoning Ordinance. Such request for a minor correction shall be in writing and directed to the Board of County Commissioners , and shall state therein the specific reasons for such reouest. The Board of County Commis- sioners shall consider such request at a regularly scheduled meeting within a reason- able period of time, and at such meeting, may initiate any minor corrections it deems neces- sary. 9 Enactment 9 . 1 Upon approval and adoption of this Weld County Zoning Ordi- nance by the Board of County Commissioners , a certified copy thereof, including all maps herein referred to not already filed with the County Clerk and Recorder, shall be filed as provided by law in the office of the County Clerk and Re- corder of Weld County. 9.2 This Weld County Zoning Ordinance shall be in full force and effect after its approval and adoption as provided by law. 1-8 944 1865933 945 BOOK RECEPTION BOOK RECEPTION 1ss732R 231 - � 10 Definitions 10. 1 For the purposes of this Ordinance, certain terms or words used herein shall be interpreted as defined in this Section. The following specific words and phrases when appearing in this Ordinance in uppercase letters , shall have the meanings stated in this Sub-Section: A. ACCESSORY BUILDING OR USE : any BUILDING or USE which: 1 . is subordinate in purpose, area or in- tensity to the PRINCIPAL BUILDING or USE served; and 2 . is normally associated with the principal BUILDING or USE; and 3 . contributes to the needs of the occupants , business enterprise or industrial opera- tion within the principal BUILDING or USE served; and 4. is located on the same LOT as the PRINCI- PAL BUILDING or USE. ALTERATION OF A WATERCOURSE : any DEVELOPMENT which changes the direction of flow of water in a river or stream or any DEVELOPMENT which results in a change of 10% or more in the INTERMEDIATE REGIONAL FLOOD water flows . Any channelization of a river or stream is also considered to be an ALTERATION OF A WATER- COURSE, ADJACENT : When used to indicate land in the immediate vicinity of a LOT, means land which shares a boundary line with the LOT in ques- tion or which would share a boundary line were it not for the separation caused by a STREET or ALLEY; AIRPORT : Any locality, situated on water or land which is adapted for the landing and taking off of aircraft and which may provide facilities for shelter , supply and repair of aircraft , or a place used regularly for re- ceiving or discharging passengers or cargo by air. Includes all land, buildings , structures or other improvements , necessary or convenient in the establishment and operation of an airport . 10-1 944 1865933 945 1867329 BOOK RECEPTION BOOK... . ._ RECEPTION a31'� - .23r/ 5-- AIRPORT (This definition applies only to AIRPORT when used in the A-P (Airport) Overlay District . ) : Weld County Municipal Airport , located in Sections 2 and 3 , T5N, R65W, Weld County , Colorado . AIRPORT ELEVATION : The established elevation of the highest point on the usable landing area (4, 648 feet above sea level) . AIRPORT HAZARD: Any STRUCTURE , tree or USE of land which obstructs the airspace required for, or is otherwise hazardous to, the flight of aircraft in landing or taking off at the airport . AIRPORT REFERENCE POINT : The point established as the geographic center of the airport land- ing area. The reference point at Weld County Municipal Airport is a point 2, 700 feet west of the east line of Section 2 , T5N, R65W, Weld County, Colorado and 2 , 200 feet north of the south line of said Section 2. AIRSTRIP : Any locality, situated on either water or land which is adapted for the landing and taking off of aircraft , operated by the owner or lessee of the land USED as an AIR- STRIP. An AIRSTRIP may be USED only for private aircraft owned or leased by the opera- tor of the AIRSTRIP . ANIMAL UNIT: A term used to establish an equivalency for various species of LIVESTOCK. The following animals shall have the following ANIMAL UNIT equivalents : cow each 1 horse each 1 swine each . 2 goat each . 1 sheep each . 1 poultry each . 03 rabbits each . 02 B. BASE FLOOD: see INTERMEDIATE REGIONAL FLOOD. BASEMENT : Any floor level below the first story or main floor of a building. The BASEMENT is wholly or partially lower than the surface of the ground. For the purposes of this ordinance, any crawl space with six (6) feet or more between the floor and the ceiling shall be considered to be a BASEMENT. 10-2 944 945 1869328 1865933 BOOK RECEPTION BOOK RECEPTION.......... ..............r 3l`!G� a3JJ(A BUILDING : Any STRUCTURE excluding fences , erected for shelter or enclosure of persons , animals , or personal property of any kind. BUILDING HEIGHT : The vertical distance from mean natural grade at foundation to the high- est point of the roof or appurtenances , not including church spires and residential chim- neys . BUILDING, PRINCIPAL: A BUILDING in which is conducted the main or primary USE of the LOT on which said BUILDING is lccated. C. CAMPGROUND: An area used for TEMPORARY placement and occupancy of RECREATIONAL VE- HICLES or camping tents . CHANNEL (FLOODPLAIN) : A natural or artificial watercourse of perceptible extent, with de- finite bed and banks to confine and conduct continuously or periodically flowing water . CHANNEL flow thus is that water which is flowing within the limits of the defined CHANNEL. CHILD CARE CENTER: A facility other than a school or special SCHOOL which is maintained for the care of four or more children under the age of sixteen years who are not related to the owner, operator , or manager thereof where said children reside at the facility for fewer than twentyfoiir hours in any given day, whether such facility is operated with or without compensation for such care, and with or without stated educational purposes . COMMERCIAL MINERAL DEPOSIT: An area in which minerals are located in sufficient concentra- tions in veins , deposits , bodies , beds , seams , fields , pools , or otherwise as to be capable of economic recovery; the term includes but is not limited to any area in which there has been significant MINING activity in the past , there is significant MINING activity in the present , MINING DEVELOPMENT is planned or in progress , or mineral rights are held by mine- ral patent or valid MINING claim with the intention of MINING: the phrase also includes a "commercial mineral deposit" as defined in Colorado Revised Statutes 1973 , 34-1-302 . 10-3 944 945 1867328 BOOK 1865933 BOOK RECEPTION RECEPTION '131-(-Li a'aiWW."4444deCOMMON OPEN SPACE : Means a parcel of land, an area of water, or a combination of land and water excluding streets , parking lots and right-of-ways within the site designated for a Planned Unit Development designed and intended primarily for the use or enjoyment of resi- dents , occupants, and owners of the Planned Unit Development. COMPREHENSIVE PLAN: The duly adopted Weld County Comprehensive Plan. CONTRACTOR' S SHOPS : Establishments engaged in installing and servicing such items as air conditioners, electrical equipment, flooring, heating, painting, plumbing, roofing, tiling, ventilation and service facilities of utilities. COUNTY : The County of Weld, a home rule county in the State of Colorado. D. DAIRY : An establishment for the primary production and subsequent sale or distribution of milk and/or milk products . DEVELOPER: The legal or beneficial owner or owners of any of the land proposed to be in- cluded in a given DEVELOPMENT, or the autho- rized agent therefore, including the holder of an option or contract to purchase, or other individual having an enforceable legal in- terest in such land. DEVELOPMENT : The placement , construction, erection, reconstruction, movement , and/or alteration of BUILDINGS and/or other STRUC- TURES, the placement of paved areas, drainage improvements or alterations on the historic flow of drainage patterns or amounts, and the placement of lighting and/or other appurte- nances related to any and all USES . DWELLING UNIT: One or more interconnected rooms which are arranged, designed, used or intended for USE as a complete independent living facility for one LIVING UNIT. The term DWELLING UNIT does not include HOTELS, MOTELS , RECREATIONAL VEHICLES or other places of accommodations used principally for transient occupancy. 10-4 1867328 1865.`933 45 944BOO RECEPTION l/_ iS -DWELLING, SINGLE FAMILY: A DWELLING UNIT &31' /p other than a MOBILE HOME, arranged, designed, and intended to be occupied by not more than one LIVING UNIT. DWELLING, TWO FAMILY/DUPLEX: A BUILDING containing two DWELLING UNITS other than MOBILE HOMES , arranged, designed, and intended to be occupied by not more than two LIVING UNITS. DWELLING, THREE FAMILY/TRIPLEX: A BUILDING containing three DWELLING UNITS other than MOBILE HOMES, arranged, designed, and intended to be occupied by not more than three LIVING UNITS. DWELLING, MULTI-FAMILY: A BUILDING containing four (4) or more DWELLING UNITS other than MOBILE HOMES, arranged, designed, and intended to be occupied by four (4) or more LIVING UNITS. E. ELECTRIC TRANSMISSION LINES : The system, in- cluding lines and support STRUCTURES, used to transmit electric energy in amounts of 115 KV and above. ELEVATE : To build or raise a STRUCTURE to the level, or above the level of the REGULATORY FLOOD DATUM. EXOTIC ANIMAL: Any vertebrate animal except fishes and amphibians that is not defined herein as LIVESTOCK or HOUSEHOLD PET. ENCLOSED : An object or activity shall be ENCLOSED if all aspects of a USE are sur- rounded on all sides by a BUILDING. F. FAMILY: An individual, or a group of two or more individuals related by blood, marriage, or adoption, living together. (See also LIVING UNIT) . FARMING : The cultivation of land, growing of crops, ranching, and/or the raising of LIVE- STOCK. FARM, RANCH AND GARDEN BUILDINGS AND USES : Those BUILDINGS and STRUCTURES USED to shelter. or ENCLOSE LIVESTOCK, feed, flowers , field equipment , DAIRY operations or similar USES; and those USES of land devoted to raising of crops , poultry or LIVESTOCK. 10-5 186'7326 944 '186533 600K 945 RECEPTION _ BOOK.........:.... RECEPTION.. ... . .W ..,, 2 3.11 1 23F19 FILL: Any material such as earth, clay, sand, concrete, rubble or waste of any kind which is placed or stored upon the surface of the ground. FLOOD : A general and temporary condition of partial or complete inundation of normally dry land areas caused by the unusual and rapid accumulation or run-off of surface waters from any source. FLOOD HAZARD AREA: Any land which is subject to innundation by the flood waters of an INTERMEDIATE REGIONAL FLOOD. FLOOD HAZARD AREAS in the unincorporated areas of Weld County are shown as FP-1 and FP-2 (Floodprone) and FW (Floodway) Districts on the official Weld County Flood Hazard Overlay District Zoning Maps. FLOODPLAIN: Any land area susceptible to being inundated by water from any source. An INTERMEDIATE REGIONAL FLOODPLAIN includes the land area which is likely to be inundated by the water of an INTERMEDIATE REGIONAL FLOOD. FLOODPROOF : Any combination of structural and nonstructural designs , changes , adjustments or additions to properties or STRUCTURES which are designed to eliminate FLOOD damage to STRUCTURES and water and sanitary sewer facilities . FLOOD WATER DEPTH: The depth of the water at any point in a FLOODPLAIN during an INTERME- DIATE REGIONAL FLOOD. FLOODWAY : The channel of a river or water- course and the adjacent land areas which is required to carry and discharge the flood- waters of the INTERMEDIATE REGIONAL FLOOD without increasing the WATER SURFACE ELEVATION more than one (1) foot . The FLOODWAY is shown on the Official Weld County Flood Hazard Over- lay District Zoning Maps as the FW (Floodway) District . FLOOD, ONE-HUNDRED YEAR: (See INTERMEDIATE REGIONAL FLOOD) . 10-6 • 944 1865933 945 186' 328 BOOK RECEPTION BOOK RECEPTION 0231 6-ir"a° FUNERAL HOME : A BUILDING or part thereof for human funeral services , including but not limited to space and facilities for embalming , performance of autopsies , cremation, related storage and a chapel. G. GEOLOGIC HAZARD: Means a geologic phenomenon which is so adverse to past , current , or foreseeable construction or land use as to constitute a significant hazard to public health and safety or to property. The term includes , but is not limited to : unstable or potentially unstable slopes , seismic effects , radio activity, and ground subsidence. GEOLOGIC HAZARD AREA: Means an area which contains or is directly affected by a GEOLOGIC HAZARD. GROSS FLOOR AREA: Means the sum total of the floor area of each horizontal level of a BUILDING, including habitable penthouses and attic space, but not including vent shafts , courts or uninhabitable areas below ground level or in attics . GROUND SUBSIDENCE : Means a process charac- terized by the downward displacement of surface material caused by phenomena such as removal of underground fluids, natural con- solidation, dissolution of underground mine- rals , or underground mining. H. HAZARD AREA: Means any area governed by the Geologic Hazard Overlay District regu- lations where a natural or man-made condition presents a potentially significant harm to public health, safety, welfare, or property. HEIGHT (This definition applies only when used in the A-P (Airport) Overlay District . ) : For the purpose of determining the height limits in all surfaces set forth in this Section and shown on the zoning map, the datum shall be mean sea level elevation unless otherwise specified. HOME BUSINESS : An incidental USE to the principal permitted USE for gainful employment of the FAMILY resident of the property and no more than two (2) employees therein, where: 1. Such USE is conducted primarily within a DWELLING UNIT or ACCESSORY STRUCTURE and carried on by the FAMILY resident therein and no more than two (2) employees ; 10-7 q 1865933 945 BGOK"44 RECEPTION...... BOOK RECEPTION 1867328 ?3/.,2 i &3 kc2) 2. Such USE is clearly incidental and secon- dary to the principal permitted USE and shall not change the character thereof. Ordinarily a HOME BUSINESS shall not be in- terpreted to include the following : clinic, hospital, nursing home, animal hospital, HOTEL/MOTEL, restaurant , mortuary, vehicle or boat repair (including painting) , and orga- nized classes where more than six (6) persons meet together for instruction on a regular basis . (Does not include classes sponsored by a PUBLIC SCHOOL) . HOME OCCUPATION: An incidental USE of a DWELLING UNIT for gainful employment of the resident therein, where : 1. Such USE is conducted entirely within a DWELLING UNIT and carried on by the re- sidents thereof and no others . 2. Such USE is clearly incidental and se- condary to the USE of the dwelling for dwelling purposes and shall not change the character thereof. 3. The total area used for such purposes does not exceed three hundred square feet. 4. There is no advertising or other indi cation of the HOME OCCUPATION on the LOT or any STRUCTURE or vehicle located on or adjacent to the LOT with the exception that one nameplate shall be allowed which may display the name of the occupant and/or the name of the HOME OCCUPATION where such nameplate does not exceed 1 square foot in area, shall be nonillu- minated and attached flat to the main STRUCTURE or visible through a window. 5. There is no exterior storage, display or sales of materials , goods , supplies or equipment related to the operation of such HOME OCCUPATION nor of any highly explo- sive or combustible materials . 6. There is no offensive noise, vibration, smoke, dust , odors , heat , glare or elec- trical interference or other hazard or nuisance noticeable off the LOT if the 10-8 1865933 945 1867328 BOOK 94. #tECEPTION.......»..»..»..».....». BOOK RECEPTION a31 roa e' in a. occupation is conducted in a SINGLE FAMILY DWELLING or outside the DWELLING UNIT if conducted in other than a SINGLE FAMILY attached dwelling. Ordinarily a HOME OCCUPATION shall not be interpreted to include the following : clinic , hospital , nursing home, animal hospital, HOTELS/MOTELS, restaurant , mortuary, vehicle or boat repair (including painting) , and organized classes where more than six persons meet together for instruction on a regular basis. (Does not include classes sponsored by a PUBLIC SCHOOL. ) HOSPITAL: Any institution receiving inpa- tients and rendering medical , surgical, psy- chiatric, or obstetrical care for humans to include general HOSPITALS and specialized institutions . HOTELS/MOTELS : A BUILDING or portion thereof or a group of BUILDINGS, which provides sleep- ing accommodations for hire in separate units or rooms for transients on a daily weekly or similar short term basis . A HOTEL or MOTEL shall not be deemed to include any establish- ment which primarily provides residential living accommodations on a permanent basis . HOUSEHOLD PETS : Any non-venomous species of reptile and any domestic dog, domestic cat , rodent , primate or bird over the age of six (6) months , provided, however, that members of the order crocodilia (e.g. crocodiles , alli- gators , etc. ) , gorillas , orangutans , baboons , chimpanzees , members of the class ayes , order falcones (e.g. hawks , eagles , vultures , etc. ) , and animals defined as LIVESTOCK herein, shall not be considered to be HOUSEHOLD PETS for the purpose of this ordinance. (NOTE : See defi- nitions of EXOTIC ANIMALS, LIVESTOCK, and KENNEL) . I. INSTRUMENT RUNWAY : The East-West Runway, No. 9-27 , equipped, or to be equipped with a precision electronic navigation aid, landing aid, or other air navigation facilities suit- able to permit the landing of aircraft by an instrument approach under restricted visibi- lity conditions and described as follows : A tract of land in Sections 2 and 3 , T5N, R65W, situated in Weld County, Colorado, or more particularly described as follows : Beginning at the intersection of State Highway 263 and 10-9 944 1865933 945 186'732$ BOOK RECEPTION BOOK... ••- RECEPTION........... .._. .. _.�....�..... air-�s 131-a3 Darling Ranch Road, thence North 74 12 ' west a distance of 8 , 500 feet ; said 8 , 500 feet is the centerline of the Instrument Runway, which extends 50 feet on each side of said center- line. INTERMEDIATE REGIONAL FLOOD (BASE FLOOD, ONE PERCENT FLOOD, ONE HUNDRED YEAR FLOOD. ) : A FLOOD which has a one percent chance of being equalled or exceeded in any given year. J. JUNK YARD : Any use of land for the storage, dismantling, or demolition of scrap materials which are bought , sold or exchanged on a commercial basis . K. KENNEL: Any place other than a PET SHOP or veterinary clinic or hospital , where five (5) or more HOUSEHOLD PETS of one species , or a total of eight (8) or more HOUSEHOLD PETS of two (2) or more species are kept or main- tained. LOTS that are zoned A and which are larger than ten (10) acres shall be permitted to keep or maintain eight (8) HOUSEHOLD PETS of one species or sixteen (16) HOUSEHOLD PETS of two (2) or more species without being considered a KENNEL. L. LANDSCAPING: Means and includes any com- bination of living plants , such as trees , shrubs , vines , ground covers , flowers or turf, and may include natural features such as rock, stone and bark, and architectural features including, but not limited to , fountains , reflecting pools , art works , screen walls , fences , street furniture, walks , decks and ornamental concrete or stonework. LANDSCAPING MAINTENANCE : Includes the regular irrigation, weeding, fertilization, mowing , trash cleanup and pruning of all LANDSCAPING, the treatment or repair of all diseased, insectridden, broken or vandalized LANDSCAP- ING, and the replacement of dead or irre- parable LANDSCAPING in substantially similar kind. LEGAL LOT : As used in this Ordinance, the term LEGAL LOT shall refer to any parcel in existence at the time of adoption of this Ordinance, as indicated on official records maintained in the office of the Weld County Clerk and Recorder , or any parcel created subsequent to the adoption of this Ordinance which was duly created in accordance with the 10-10 186'7328 1865933 BooK9..15. RECEPTION......._.._.._.- BOOK 44 RECEPTIOPI....... .. .. . . .� 33( aY 093/-424/ requirements of the Weld County Subdivision Regulations or which meets the minimum area and similar requirements specified by this Ordinance; or any parcel created subsequent to the adoption of this Ordinance which was duly created in accordance with the Use by Special Review requirements of this Ordinance, and which has been placed on record in the office of the Weld County Clerk and Recorder. LIVESTOCK: Cattle, bison, horses , mules , swine, burros , sheep, goats , poultry, rabbits . LIVESTOCK CONFINEMENT OPERATION (L. C.O. ) : A place of confinement for LIVESTOCK, corralled, penned or otherwise caused to remain in pens or corralls where feeding is other than gra- zing, where the capacity at any one time is greater than permitted in the Bulk Require- ments for the zoning district in which it is located. For example, an L. C. O. may include DAIRIES , feedlots , poultry and swine produc- tion facilities . LIVING UNIT : One FAMILY plus up to three additional individuals whose place of resi- dence is with the FAMILY in the DWELLING UNIT. LOT : The basic DEVELOPMENT unit , an area with Tried boundaries , used or intended to be used by one BUILDING and its ACCESSORY USE(S) , STRUCTURE(S) and/or BUILDING(S) . A LOT shall not be divided by any public highway, STREET, or ALLEY. A LOT must meet the requirements of the zoning district in which it is located and must have access to a PUBLIC STREET or an approved private STREET. LOW GROUND SUBSIDENCE HAZARD AREA: Zones of low hazard are areas in which the rate and magnitude of any surface displacement would be small enough to warrant repair of damage to existing STRUCTURES and application of ade- quate engineering design to future STRUCTURES so they can withstand small amounts of founda- tion displacement . These are areas below which all or essentially all pillars have been removed allowing the possibility of relatively uniform and complete subsidence to have oc- curred. Problems in such areas should be reduced to post-subsidence compaction and related surface settling, and to small-scale effects of sub-surface shifting resulting from any small residual or secondary voids . 10-11 945 186'7328 9 _RECEPTION _.1$G x`333.., BOOK RECEPTION.......... ._. . ., - a3 / 33(-55 LOWEST FLOOR: For STRUCTURES with a BASEMENT the LOWEST FLOOR is considered to be the floor of the BASEMENT. For STRUCTURES without a BASEMENT the LOWEST FLOOR shall be considered to be the top of the foundation of the STRUC- TURE . The LOWEST FLOOR of a Mobile Home shall be considered to be the top of the MOBILE HOME PAD. M. MAJOR FACILITIES OF A PUBLIC UTILITY : ELEC- TRIC TRANSMISSION LINES , POWER PLANTS , SUB- STATIONS of electrical utilities , wastewater treatment facilities, water treatment facili- ties , including extensions, expansions , or enlargements thereof. PIPELINES and STORAGE AREAS of utilities providing natural gas or other petroleum derivatives, including exten- sions , expansions , or enlargements there. MAJOR THOROUGHFARE : A road or STREET de- signed, constructed and used as an ARTERIAL STREET, EXPRESSWAY, FREEWAY, or as a frontage road serving an ARTERIAL STREET, EXPRESSWAY , or FREEWAY. MASTER PLAN: A document or series of docu- ments prepared and adopted according to Colo- rado Law which sets forth policies for the future of a municipality. MINING: The act of recovering mineral , sand, gravel, quarry, coal or other resources from the ground. MINING shall include recovery of the resources by processing in site, open pit excavation, wet or dry pit excavation, or subterranian excavation. MOBILE HOME : A transportable STRUCTURE which exceeds either 8 feet in width or 32 feet in length, built on a chassis and designed to be used as a year round DWELLING UNIT with or without a permanent foundation when connected to the required utilities . MOBILE HOME SUBDIVISION : An area platted into LOTS according to adopted COUNTY standards and procedures and designed primarily for the sale of such LOTS to individuals as permanent sites for MOBILE HOMES . MOBILE HOME PAD: The concrete base, footing, or blocking which is set on or in level soil to provide support for the placement of a Mobile Home. This base, footing, or blocking 10-12 945 1867328 BOOK....... ... RECEPTION BOOK_ RECEPTION18G533:3 a31-a (p a3/-a (o may consist of separate concrete blocks or a single concrete slab as described in Section II.B. of the November 9 , 1977 Mobile Home Amendments to the Weld County Building Code. MOBILE HOME PARKS : An area under single ownership or control designed primarily for the rental of portions of the area as spaces for occupied MOBILE HOMES. MODERATE GROUND SUBSIDENCE HAZARD AREA: Areas subject to MODERATE subsidence are defined by potential surface disruption of sufficient magnitude to damage STRUCTURES to such an extent as to render them unsafe or unusable. The rate of such disruption, how- ever, is slow enough to allow time for re- cognition of the problem and safe, orderly abandonment of surface STRUCTURES. These areas are characterized by previous subsidence over undermined areas where pillars were left . This condition produces the potential for further small scale collapse and differential settlement. N. NEIGHBORHOOD : When used in this code in reference to a particular LOT, the word NEIGHBORHOOD is intended to describe in a general way the land area which is in the vicinity of the LOT in question and which will be affected to a greater extent than other land areas in the COUNTY by USES which exist on the LOT or are proposed for it ; a NEIGH- BORHOOD always includes LOTS which are ADJA- CENT to the LOT under consideration and, depending upon the land USE in question, may include more remote areas as well. NIGHTCLUB , BAR, LOUNGE OR TAVERN : An es- tablishment primarily intended to serve al- choholic beverages to customers on premises and licensed as such by the State of Colorado and the County of Weld. NONCONFORMING USE OR STRUCTURE : A USE or STRUCTURE that does not conform to a provision or requirement of this Ordinance, but was lawfully established prior to the time of its applicability. NON-INSTRUMENT RUNWAY : RUNWAYS that are not equipped with electronic navigation equipment. The non-instrument runways are the crosswind runway (Runway 15-33) and the parallel prac- tice runway (Runway 9L-27R) . 10-13 • 1865933 945 1867328 �nK944 RECEPTION BOOK RECEPTION A1,31-02Y a7 asi-a11 NOXIOUS WEEDS : Includes one or more annual , biennial, or perennial plants which are caus- ing or may cause damage or loss to a con- siderable portion of land or the livestock in Weld County. 0. OFFICE : A room, studio , suite or BUILDING in which a person transacts his business or carries on his stated occupation, including but not limited to accounting, correspondence, telephone answering, research, editing, ad- ministration or analysis; or the conduct of a business by salesmen, sales representatives , or manufacturer' s representatives ; profes- sionals such as engineers , architects , plan- ners , land surveyors , artists , musicians , lawyers , accountants , real estate brokers, insurance agents , and doctors. OFFSET : The horizontal distance between any BUILDING and a LOT line, other than a STREET right-of-way line. OIL AND GAS PRODUCTION FACILITIES : Consist of the oil or gas well, pumps , heater treaters, and TANK BATTERY all of which must be con- nected, functional and in operation. OIL AND GAS STORAGE FACILITY: One or more tanks which receive and store oil or gas from sources other than direct from the oil and gas well . OVERLAY ZONING DISTRICT : A zoning district superimposed over the UNDERLYING ZONING DIS- TRICT which places further restrictions upon land USES . These restrictions are intended to protect the public health, safety and welfare from man-made and natural disasters such as airplane accidents , floods and geologic haz- ards. DEVELOPMENTS within the OVERLAY ZONING DISTRICT shall conform to the requirements of both zones . PARKING LOT : An area used for the purpose of TEMPORARY, daily or overnight storage of vehicles , which is not located in a dedicated PUBLIC right-of-way, a travel lane, a service drive nor any easement for PUBLIC ingress or egress . PET SHOP : An establishment wherein the pri- mary occupation is the retail sales or groom- ing of HOUSEHOLD PETS or the sale of pet supplies . 10-14 1867328 944 BOOK��5 RECEPTION BOOK-...._.. RECEPTION 186593,,3 g cav PIPELINES : Any pipeline and appurtenant facilities designed for, or capable of, trans- porting natural gas or other petroleum deri- vatives of ten (10) inches in diameter or larger which creates a hoop stress of twenty percent (20%) or more at their specified minimum yield strength. POWER PLANT : Any electrical generating facility with an energy generation capacity of fifty (50) megawatts or more, and any faci- lities appurtenant thereto, or any expansion, extention or enlargement thereof increasing the existing design capacity by fifty (50) megawatts or more. PUBLIC : When used as modifying a STRUCTURE, activity or purpose, means a STRUCTURE , acti- vity or purpose owned or operated by a govern- ment agency or by a nonprofit corporation with tax exempt status under the Federal Internal Revenue Code, if the nonprofit corporation makes the STRUCTURE or facility available for the USE of all members of the PUBLIC without regard to membership status . PUBLIC WATER AND PUBLIC SEWER: Transmission, storage, treatment , collection or distribution facilities which are constructed, operated, or maintained by any group, organization, special district or municipality for the purpose of providing the members of the group , organi- zation, special district or municipality with common water and sewer service facilities . PUD (PLANNED UNIT DEVELOPMENT) : Means a zoning district which includes an area of land, controlled by one or more landowners , to be developed under unified control or unified plan of development for a number of dwelling units, commercial , educational , recreational , or industrial uses , or any combination of the foregoing, the plan for which may not corres- pond in lot size, bulk, or type of use, density, lot coverage, open space, or other restriction to the existing land use regula- tions . R. RECREATIONAL FACILITIES : The following classes of recreational facilities have the following meanings : 10-15 J.667328 8 944 1865933 BoOK'2. 5._ RECEPTION.._-........._ BOO::_.-__._ RECEPTION,,, ,,, WA ;3/- 1. PUBLIC RECREATIONAL FACILITIES : Means PUBLIC parks , zoos , swimming pools, golf courses , and other such facilities owned or operated by or under the direction of a government agency or a nonprofit corpora- tion which fall within the definition of the word PUBLIC, as defined above. 2 . PRIVATE RECREATIONAL FACILITIES : Includes golf courses , tennis courts , swimming pools , country clubs , recreational fa- cilities for fraternal organizations , all of which are owned and operated by either nonprofit organizations with a limited membership or by private persons who own the facilities and are the only users of them. 3 . COMMERCIAL RECREATIONAL FACILITIES : Includes bowling alleys , health spas, swimming pools , tennis courts , miniature golf facilities , and the like, operated on a commercial basis for USE by the paying PUBLIC. 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 TEMPORARY dwelling for travel , recreation or vacation USES and not exceeding 8 feet in width or 32 feet in length. The term RECREA- TIONAL 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. REGULATORY FLOOD DATUM: One (1) foot above the elevation of the surface of the water of an INTERMEDIATE REGIONAL FLOOD. If only the depth of the floodwater of an INTERMEDIATE REGIONAL FLOOD has been determined, the REGULATORY FLOOD DATUM is equal to the depth of the FLOOD water plus one (1) foot. RELOCATION OF A WATERCOURSE : See ALTERATION OF A WATERCOURSE. REPAIR SERVICE ESTABLISHMENT : Any BUILDING wherein the primary occupation is the repair and general service of common home appliances such as musical instruments , sewing machines , televisions and radios , washing machines , vacuum cleaners , power tools , electric razors , 10-16 944 186'732$ BOOK.. 186` 93(3 BOOK 945 RECEPTION RECEPTION....... ...... .... 4)3H0 a3/-,86 refrigerators and lawn mowers not exceeding four thousand watts (five horsepower) , or any place wherein the primary occupation is in- terior decorating including reupholstering, furniture repair and the making of draperies , slipcovers and similar articles . RESTAURANT : An establishment that furnishes , for compensation, food and drinks of any kind for consumption primarily therein. A TEMPO- RARY snack bar or refreshment stand at a PUBLIC or nonprofit RECREATIONAL FACILITY and for the convenience of patrons of the faci- lity, shall not be deemed to be a RESTAURANT. RESTAURANT, DRIVE IN: An establishment that furnishes , for compensation, food and drink of any kind for consumption primarily off the premises or which delivers food and drink to customers in their vehicles . RUNWAY: The area of the AIRPORT constructed and used for landing, and taking off, of aircraft. S. SCHOOL: Means and includes any one or more of the following categories : A PUBLIC SCHOOL, community college, junior college, college or university; an independent or parochial SCHOOL which satisfies the compulsory SCHOOL atten- dance requirements appearing in the School Attendance Law of 1963 (Colorado Revised Statutes 1973 , Article 33 of Title 22) ; but the word SCHOOL does not include dance schools , business schools , trade schools , or driving schools. SCREENED: Construction and maintenance of fences , earth berms or the USE of landscaping materials or other materials used with the approval of the Department of Planning Ser- vices to lessen the noise, light , heat or visual impacts of a USE on surrounding USES. SETBACK: The horizontal distance between any BUILDING and the established PUBLIC or private STREET right-of-way line. If the abutting PUBLIC STREET is designated to be upgraded to a higher classification as defined by the Weld County Thoroughfare Plan necessitating addi- tional right-of-way, then the SETBACK shall be measured from the future right-of-way line. The future right-of-way line is determined by adding the distance of the additional needed right-of-way to the existing right-of-way line. 10-17 1865833 945 186tfl8 BOOK__..4' RECEPTION.................,,.... BOOK............ RECEPTION....... . 3,/ a31 31 The following is a list of the right-of-way needed for road designations as defined in the Weld County Thoroughfare Plan: a. ARTERIAL or Rural ARTERIAL - 100 ' ROW b. EXPRESSWAY - 130 ' ROW c. Rural EXPRESSWAY - 200 ' ROW d. FREEWAY - 250 ' ROW The future right-of-way line (measured from the centerline of the road) is determined by dividing the needed right-of-way as defined above in half. SEVERE GROUND SUBSIDENCE HAZARD AREA: Zones labeled SEVERE are areas in which the effects of rapid subsidence, such as failure of build- ing foundations, roadways , gas mains , and similar frequently used or potentially dan- gerous features , may endanger the lives of persons in the immediate vicinity. Such areas have been undermined and are characterized by the presence of pillars and physical evidence of void space, or by the absence of evidence of surface subsidence . The collapse of de- composed pillars could induce almost instan- taneous subsidence or displacement with e- qually or almost equally rapid destruction of structures at the surface. STORAGE AREA: Any facility, including ap- purtenant facilities , designed to store fifty million cubic feet or more of natural gas or similar petroleum derivatives, or one hundred thousand barrels or more of liquid petroleum derivatives . STREET: A strip of land intended for vehicu- aI r USE and providing principal means of access to LOTS. For the purpose of this Ordinance, STREETS shall be classified and defined as follows : FREEWAY : A major regional highway, in- cluding interstate highways , designed to carry very large volumes of vehicular traffic, with full control of access and all intersections grade separated. EXPRESSWAY : Similar to a FREEWAY except that all intersections need not be grade separated. 10-18 945 1869325 944 1865933 BOOK RECEPTION BOOK RECEPTION........... .. .. ....� O73 /-3O2 ARTERIAL: A STREET designed to carry high volumes of vehicular traffic over long distances in a direct manner. COLLECTOR: A STREET designed to collect or distribute vehicular traffic from one or more individual residential or non- residential areas to or from an ARTERIAL, EXPRESSWAY, or FREEWAY. LOCAL: A STREET designed to carry vehicu- aar traffic from one or more LOTS to or from a COLLECTOR. ALLEY: A minor way which is used pri- marily for vehicular service access to the rear or side of LOTS otherwise abutting on a STREET. FRONTAGE ROAD: A STREET parallel and ADJACENT to an ARTERIAL, EXPRESSWAY, or FREEWAY which provides access to ADJACENT LOTS so that each ADJACENT LOT will not have direct access to the ARTERIAL, EX- PRESSWAY, or FREEWAY. STRUCTURE : Anything constructed or erected with a fixed location on the ground or at- tached to something with a fixed location on the ground, but not including fences or walls used as fences less than six (6) feet in height , poles , lines , cables or other trans- mitting or distribution facilities of public utilities . STRUCTURE (This definition applies only to STRUCTURE when used in the A-P (Airport) Overlay District) : An object constructed or installed by man, including but not limited to BUILDINGS , towers, smoke stacks , overhead transmission lines , signs , drill rigs and cranes. STRUCTURE, TEMPORARY: Anything constructed in such a manner that it would commonly be ex- pected to have relatively short useful life, or is built for a purpose that would commonly be expected to be relatively short-term. SUBSTANTIAL IMPROVEMENT : Any repair, recon- struction, or improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure either (a) before the improvement is started or (b) if 10-19 944 1865933 945 1867328 BOOK RECEPTION....... .. ............a BOOK RECEPTIONf. , g3 a3 /-3,3 the structure has been damaged; and is being restored, before the damage occurred. For the purposes of this definition SUBSTANTIAL IM- PROVEMENT is considered to occur when the first alteration of any wall , ceiling, floor or other structural part of the building com- mences , whether or not that alteration affects the external dimensions of the structure. SUBSTATION: Any facility designed to provide switching, voltage transformation, or voltage control required for the transmission of elec- tricity which has an incoming or outgoing power line which is more than 69 KV. T. TANK BATTERY: One or more storage tanks which receive and store oil or gas directly from and as it is produced by a well. TEMPORARY : Less than six (6) months. THEATER: A BUILDING or STRUCTURE designed for USES such as the enactment of live perfor- mances and/or the showing of motion pictures . THEATER, DRIVE-IN : An area and associated STRUCTURES used for the showing of motion pictures outdoors . THRESHOLD : That imaginary line on the RUNWAY perpendicular to the RUNWAY centerline which marks the useful limit of the RUNWAY. The threshold of all RUNWAYS is the physical end of that particular RUNWAY with the exception being Runway 27 which has its threshold 1 ,050 feet west of the physical end. U. UNDERLYING ZONING DISTRICT : The zone dis- tricts designated on the Official Zoning Map, Weld County, Colorado. These zone districts regulate the height and bulk of buildings and the use of land in the unincorporated areas of Weld County, Colorado. USE : Any purpose for which a STRUCTURE or a tract of land may be designed, arranged, intended, maintained, or occupied; also any activity, occupation, business or operation which is carried on, or intended to be carried on, in or on a STRUCTURE or on a tract of land. 10-20 1869328 1865933 945 K 944 Rt F n i., .! BOOK RECEPTION ",3/-3 a3i-.3 4 UTILITY SERVICE FACILITY: Public Utility mains , lines , substations , gas regulator stations , PUBLIC lift or pumping stations for domestic water and sanitary sewer service, no more than two (2) microwave, television, radio, or other communication towers, and ACCESSORY STRUCTURES where no public office, repair or storage facilities are operated or maintained. V. VEHICLE RENTAL ESTABLISHMENT: Any USE of property primarily for the rental of vehicles such as automobiles , motorcycles, trucks , trailers, RECREATIONAL VEHICLES, boats , farm machinery, construction equipment and other heavy rolling stock; and whereon such vehicles are stored. VEHICLE SALES ESTABLISHMENT : Any USE of pro- perty for the sale of vehicles such as auto- mobiles , motorcycles , trucks , trailers , RE- CREATIONAL VEHICLES , MOBILE HOMES, boats , farm machinery, construction equipment and other heavy rolling stock. VEHICLE SERVICE/REPAIR ESTABLISHMENT : Any USE of property whereon vehicles such as automo- biles, motorcycles, trucks , trailers, RECREA- TIONAL VEHICLES , MOBILE HOMES , boats , farm machinery, construction equipment , and other rolling stock, are serviced and repaired, including body work, welding and painting. W. WATER SURFACE ELEVATION : The maximum height , in relation to mean sea level, of the surface of the water of an INTERMEDIATE REGIONAL FLOOD. WATERCOURSE : Any natural channel through which water flows . WATERTIGHT : Impermeable to the passage of water and capable of resisting the hydrostatic and hydrodynamic loads and the effects of bouyancy during an INTERMEDIATE REGIONAL FLOOD. WHOLESALE TRADE ESTABLISHMENT : Any BUILDING wherein the primary occupation is the sale of merchandise for resale. Y. YARD: The area of a LOT, between a LOT LINE —ac—the required SETBACK. 10-21 1865933 945 1869328 944 BOOK RECEPTION BOOK............ RECEPTION ate?"i-2 3- A 3 I- 3.5- TABLE OF CONTENTS SECTION PAGE 20 Procedures and Permits 20-1 21 Amendments to the Map (Resolution) 20-1 22 Amendments to the Text (Ordinance) 20-15 23 Site Plan Review 20-17 24 Uses by Special Review 20-18 25 Special Review Permit for Major Facilities of a Public Utility 20-35 26 Flood Hazard Overlay District Development Permit 20-49 27 Geologic Hazard Overlay District Development Permit 20-54 28 Procedures and Requirements of the PUD District 20-58 944 1865933 /- 945 186'732R BOOK RECEPTION � L� I{t BOOK....... RECEPTION .. )JI-3 (� 20 Procedures and Permits 21 Amendments to the Map of the Zoning Ordinance The Board of County Commissioners may amend the Official Zoning Map of Weld County. All requests for such changes of zone must be reviewed by the Weld County Planning Commission whose recommendation shall be sent to and considered by the Board of County Commissioners . Such amendments shall be made in compliance with Colorado Statutes and with COUNTY procedures and regulations as established herein. 21 . 1 In addition to the Board of County Commissioners , only the Weld County Planning Commission or the fee owner of a property, or a person with legal interest in a property in the unincorporated area of Weld County may request amendment of the Official Zoning Map of Weld County (a change of zone) for said property. 21. 2 Any person filing an application for a change of zone is required to comply with the appropriate procedures and regulations as stated in this Section 21 . Provided, how- ever , that when the Weld County Planning Commission or Board of County Commissioners desires to undertake a rezoning , to create and apply new zoning districts , or to change the definitions of the various zoning districts , the only public notice requirement shall be publication in the newspaper designated by the Board of County Commissioners for publi- cation of legal notices . 21 . 3 Applications for a change of zone shall be completed as set forth in Section 21. 7, Application Requirements . Provided, however, that any zone change initiated by the Weld County Planning Commission or Board of County Commissioners shall only be required to meet the applicable requirements of Section 21. 5 for the Planning Commission and Section 21. 6 for the Board of County Commissioners. The completed appli- cation and application fees shall be submitted to the De- partment of Planning Services . 21. 4 Duties of the Department of Planning Services 21.4. 1 The Weld County Department of Planning Ser- vices shall be responsible for processing all applications for change of zone in the unin- corporated areas of Weld County. The Depart- ment shall also have the responsibility of ensuring that all application submittal re- quirements are met prior to initiating any official action as listed below. 21. 4. 2 Upon determination that the application submittal is complete, the Department of Planning Services shall : 20-1 944 1865933 945 a,3/-,37 BOOK RECEPTION 1867328 BOOK RECEPTION D31-d97 21.4. 2. 1 Set a Planning Commission hearingate not less than forty five (45) days nor more than sixty (60) days after the complete application has been submitted. 21.4. 2. 2 Arrange for legal notice of said hearing to be published once in the newspaper designated by the Board of County Commissioners for publi- cation 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 rezoning is proposed . Failure to publish the second notice shall not create a jurisdictional defect in the hearing process . The date of publication shall be at least ten (10) days prior to the hearing. 21 .4. 2. 3 Give notice of the proposed change of zone and the public hearing date to those persons listed in the application as owners of pro- perty 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 sche- duled public hearing. Such notice is not required by Colorado State Statute 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 send- ing such notice shall not create a jurisdic- tional defect in the hearing process even if such error results in the failure of a sur- rounding property owner to receive such noti- fication. 21.4. 2.4 Give notice of the proposed change of zone 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 notifica- tion shall be mailed, first class , not less than ten (10) days before the scheduled public hearing. Such notice is not required by Colo- rado State Statute and is provided as a courtesy to the owners and lessees of the mineral estate on or under the parcel . Inad- vertent errors by the applicant in supplying such list or the Department of Planning Ser- vices 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 to receive such notification. 20-2 q 18f;5933 945 186'7328 BOOP44 RECEPTION... ._.. X31"30 BOOK..._.. RECEPTION....... _.._.. . 21. 4. 2 . 5 Provides a sign for the applicant to post on the property under consideration for rezoning. The sign shall be posted by the applicant, who shall certify that the sign has been posted for at least the ten (10) days preceeding the hearing date. This sign shall show the fol- lowing information: 21.4. 2. 5 . 1 Rezoning request number. 21.4. 2 . 5. 2 Date and place of public hearing. 21.4. 2. 5.3 Location and phone number of the public office where additional information may be obtained. 21. 4. 2. 6 Refer the application to the following a- gencies , when applicable, for their review and comment . The agencies named shall respond within twenty-one (21) days after the mailing of the application by the COUNTY. The failure of any agency to respond within twenty-one (21) days may be deemed to be a favorable response to the Planning Commission. The reviews and comments solicited by Weld County are intended to provide the COUNTY with in- formation about the proposed change of zone. The Planning Commission and Board of County Commissioners may consider all such reviews and comments and may solicit additional in- formation if such information is deemed neces- sary. The reviews and comments submitted by a referral agency are recommendations to the COUNTY. The authority and responsibility for making the decision to approve or deny the re- quest for change of zone rests with the Officials of Weld County. 21. 4. 2. 6. 1 The Planning Commission or Governing Body of any town and county whose boundaries are within a three (3) mile radius of the parcel under consideration for a change of zone. 21,4. 2. 6. 2 The Planning Commission or Governing Body of any city or town that has included the parcel in its MASTER PLAN area. 21.4. 2. 6. 3 Weld County Department of Health Services . 21. 4. 2. 6.4 Weld County Department of Engineering Services to check the legal description of the parcels and review of other engineering aspects of the proposal . 21.4. 2. 6. 5 Colorado Department of Health. 20-3 944 1.865933x.1 9 945 186732s BOOK RECEPTION •' :.3 BOOK RECEPTION........... .._.. ?s 21.4. 2. 6. 6 Colorado Geological Survey. a �Jl 21. 4. 2. 6. 7 Colorado Historical Society. 21.4. 2. 6. 8 Colorado State Department of Highways . 21.4. 2. 6. 9 Colorado Water Conservation Board. 21.4. 2. 6. 10 U. S. Army Corps of Engineers . 21. 4. 2. 6. 11 U. S . Soil Conservation Service. 21.4. 2. 6. 12 U. S. Forest Service. 21.4. 2. 6. 13 U. S . Bureau of Land Management . 21.4. 2. 6. 14 Any irrigation ditch company with facilities on or ADJACENT to the parcel under consi- deration. 21. 4. 2. 6. 15 Any other agencies or individuals whose review the Department of Planning Services , the Planning Commission, or the Board of County Commissioners deems necessary. 21 . 4. 2. 7 Prepare staff comments for use by the Planning Commission addressing all aspects of the application, its conformance with the Weld County Comprehensive Plan, MASTER PLANS of affected municipalities , sound land USE plan- ning practices, comments received from agen- cies to which the proposal was referred, and standards contained in this Ordinance. 21.4. 3 Submit to the Board of County Commissioners for adoption, on an annual basis , an up-dated copy of the Official Weld County Zoning Map which includes the rezoning approvals made since the last adoption of the Map . 21. 4.4 Submit to the Weld County Clerk and Recorder, for recording, all changes of zone and the dates of such actions on a copy of the Offi- cial Weld County Zoning Map on an annual basis . 21. 5 Duties of the Planning Commission 21 . 5. 1 The Planning Commission shall hold a hearing to consider the application for the change of zone. The public hearing may involve either the rezoning application alone or may include the review of concurrent applications under Weld County' s regulations concerning Uses by 20-4 944 945 1867328 BOOK RECEPTION 18C'12,33„ BOOK....... ... RECEPTION Special Review, Overlay Districts or sub- divisions . The Planning Commission shall provide recommendations to the Board of County Commissioners concerning the disposition of the requested change. The Planning Commission shall recommend approval of the request for the change of zone unless it finds that the applicant has not met one or more of the standards or conditions of Section 21. 5. 1 and 21. 7 . The applicant has the burden of proof to show that the standards and conditions of Section 21 . 5. 1 and 21. 7 are met. The appli- cant shall demonstrate : 21. 5. 1. 1 That the proposal is consistent with the Weld County Comprehensive Plan; if not , then that the zoning of the property under consideration is faulty, or that changing conditions in the area warrant a change of zone; 21. 5 . 1. 2 That the USES which would be allowed on the subject property by granting the change of zone will be compatible with the surrounding land USES. 21. 5 . 1. 3 That adequate water and sewer service can be made available to the site to serve the USES permitted within the proposed zone district ; 21. 5. 1. 4 That STREET or highway facilities providing access to the property are adequate in size to meet the requirements of the proposed zone district . In the event that the STREET or highway facilities are not properly sized and are planned to be properly sized in the fu- ture, in conformance with the Weld County Thoroughfare Plan or in conformance with the MASTER PLANS of affected municipalities , the applicant may either wait to secure the re- zoning until the improvements are made by the appropriate unit of government or the appli- cant may express a willingness to upgrade the STREET or highway facilities at his own ex- pense in order to expedite approval of the requested change of zone. In the latter event , it will be necessary for the applicant to either construct the necessary improvements before the building permits are issued, or submit suitable performance guarantees to Weld County to ensure construction of the required STREET or highway facility improvements . 20-5 1865933 A5/4/ 9+1 BOOK 945 RECEPTION1867328 BOOK RECEPTION e,3 Fir1 21. 5 . 1. 5 That , in those instances where the following characteristics are applicable to the rezoning request , the applicant has demonstrated com- pliance with the applicable standards : 21. 5. 1. 5. 1 If the proposed change of zone is located within any Overlay District identified by maps officially adopted by Weld County, that the applicant has demonstrated compliance with the Weld County regulations concerning Overlay Districts. Compliance may be demonstrated in a previous public hearing or in the hearing concerning the rezoning application. 21. 5. 1. 5. 2 That the proposed rezoning will not permit the USE of any area known to contain a COMMERCIAL MINERAL DEPOSIT in a manner which would inter- fere with the present or future extraction of such deposit by an extractor to any greater extent than under the present zoning of the property. 21. 5.1. 5. 3 If soil conditions on the site are such that they present moderate or severe limitations to the construction of STRUCTURES or facilities proposed for the site, the applicant has demonstrated that such limitations can be overcome and that the limitations will be addressed by the applicant , the applicant ' s successors or assigns prior to the DEVELOPMENT of the property. 21. 5. 2 The Secretary of the Planning Commission shall forward the official recommendation of the Planning Commission and the information con- tained in the official record, which includes the Department of Planning Services case file, to the Board of County Commissioners within ten (10) days after said recommendation has been made. 21. 5. 3 If the Planning Commission recommendation is conditional upon the applicant completing certain specified items prior to the publi- cation of the notice for the hearing by the Board of County Commissioners , then the ten (10) day period shall commence upon submission of the items by the applicant to the Depart- ment of Planning Services . 21. 6 Duties of the Office of the Board of County Commissioners 21. 6. 1 Upon receipt of the Planning Commission recom- mendation, the Office of the Board of County Commissioners shall : 20-6 944 1865933 945 1867328 BOOK RECEPTION BOOK RECEPTION , 1 / ��yy 21. 6. 1. 1 '� Set a Board of County Commissioners ' public hearing to take place not less than thirty (30) days and not more than sixty (60) days after receipt of the Planning Commission recommendation, for consideration of the proposed change of zone. 21. 6. 1. 2 Arrange for legal notice of said hearing to be published once in the newspaper designated by the Board of County Commissioners for publi- cation 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 rezoning 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 thirty (30) days prior to the hearing. 21. 6. 1. 3 Arrange for the applicant to post a sign on the property under consideration for rezoning according to the requirements of Section 21 .4. 2. 5. 21. 6. 1.4 Give notice of the proposed change of zone and the public hearing date to those persons listed in the application as owners of property lo- cated 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. Such notice is not required by Colo- rado State Statute and is provided as a courtesy to surrounding property owners (the surface estate. ) 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 to receive such notification. 21. 6. 1. 5 Give notice of the proposed change of zone 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 . Such notice is not required by Colorado 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 20-7 1865933 945 1867328 BOOK RECEPTION RECEPTION 02-5/_'.`f BOOK RECEPTION 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 to receive such noticiation. 21. 6. 2 The Board of County Couuuissioners shall hold a public hearing to consider the application and to take final action thereon. In making a decision on the proposed change of zone, the Board shall consider the recommendation of the Planning Commission, and from the facts pre- sented at the public hearing and the information contained in the official record, which includes the Department of Planning Services case file, the Board of County Commissioners shall ap- prove the request for the change of zone unless it finds that the applicant has not met one or more of the standards or conditions of Sections 21. 6. 2 and 21. 7 . The applicant has the burden of proof to show that the standards and conditions of Sections 21 . 6. 2 and 21 . 7 are met. The applicant shall demonstrate: 21 . 6. 2. 1 That the proposal is consistent with the policies of the Weld County Comprehensive Plan; if not , then that the zoning of the property under consideration is faulty, or that changing conditions in the area warrant a change of zone. 21 . 6. 2 . 2 That the USES which would be allowed on the subject property by granting the change of zone will be compatible with the surrounding land USES . 21 . 6. 2. 3 That adequate water and sewer service can be made available to serve the site. If the rezoning is approved, the applicant shall demonstrate, prior to issuance of building permits on the site, that the water and sewer services are available at the site and are adequate and appropriate to meet the DEVELOP- MENT requirements . 21. 6 . 2 . 4 That STREET or highway facilities providing access to the property are adequate in size to meet the requirements of the proposed zone district . In the event that the STREET or highway facilities are not properly sized and are planned to be properly sized in the fu- ture, in conformance with the Weld County Thoroughfare Plan or in conformance with the 20-8 944 1865933 945 186932R BOOK RECEPTION BOOK RECEPTION !/,! 029/- 1711 MASTER PLAN of affected municipalities, the applicant may either wait to secure the re- zoning until the improvements are made by the appropriate unit of government or the appli- cant may express a willingness to upgrade the STREET or highway facilities at his own ex- pense in order to secure approval of the requested change of zone. In the latter event, it will be necessary for the applicant to either construct the necessary improvements before building permits are issued, or submit suitable performance guarantees to Weld County to ensure construction of the required STREET or highway facility improvements . 21. 6. 2. 5 That , in those instances where the following characteristics are applicable to the rezoning request , the applicant had demonstrated compliance with the applicable standards : 21. 6. 2. 5. 1 If the proposed change of zone is located within any Overlay District identified by maps officially adopted by Weld County, that the applicant has demonstrated compliance with the Weld County regulations concerning Overlay Districts . Compliance may be demonstrated in a previous public hearing or in the hearing concerning the rezoning application. 21. 6. 2. 5. 2 That the proposed rezoning will not permit the USE of any area known to contain a COMMERCIAL MINERAL DEPOSIT as defined by Colorado Sta- tutes in a manner which would interfere with the present or future extraction of such deposit by an extractor to any greater extent than under the present zoning of the property. 21. 6 . 2. 5.3 If soil conditions on the site are such that they present moderate or severe limitations to the construction of STRUCTURES or facilities proposed for the site, the applicant has demonstrated that such limitations will be addressed by the applicant , the applicant ' s successors or assigns prior to DEVELOPMENT of the property. 21. 6. 3 Upon the Board making its final decision, a resolution setting forth that decision will be drafted and signed. A record of such action and a copy of the resolution will be kept in the files of the Clerk to the Board. 20-9 945 1867328 944 186x953 ..... RECEPTION nett' BOOK_ RECEPTI e1 3 t' Sa— e :(r:& •••••••••• The Board shall arrange for the Office of the (23/-11S- Weld County Clerk and Recorder to record the resolution and, if the proposed change of zone is approved, the rezoning plat . 21 . 6. 5 The Board shall adopt, on an annual basis , an updated copy of the Official Weld County Zoning Map which includes the rezonings ap- proved since the last annual update. 21 . 7 Application Requirements - Change of Zone The purpose of the application is to give the petitioner an opportunity to demonstrate through written and graphic information how the proposal complies with the standards of this Ordinance. 21. 7 . 1 The following information shall be submitted on an application form which may be obtained from the Office of the Department of Planning Services : 21. 7 . 1 . 1 Name, address, and telephone number of the applicant . 21. 7 . 1 . 2 Name and address of the fee owners of the property proposed for the change of zone if different from above. 21. 7 . 1 . 3 Legal description of the property under con- sideration as determined from a certified boundary survey. 21 . 7 . 1 . 4 Total acreage of the parcel under considera- tion. 21 . 7 . 1 . 5 Address of the parcel , if available. 21 . 7 . 1 . 6 Present zone and overlay zones , if appro- priate. 21 . 7 . 1 . 7 Proposed zone. 21. 7 . 1 . 8 Signatures of the applicant and fee owners or their authorized legal agent . 21 . 7 . 1 . 9 A certified list of the names, addresses and the corresponding Parcel Identification Number assigned by the Weld 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 Weld County Assessor, or an ownership update from 20-10 945 1867328 944 1865933 BOOK....... RECEPTION! BOOK RECEPTION__._......_.._..... O23 Y� O131- ii-(p a title or abstract company or attorney, derived from such records , or from the re- cords of the Weld County Clerk and Recorder. If the list was assembled from the records of the Weld County Assessor, the applicant shall certify that such list was assembled within thirty (30) days of the application submis- sion date. 21 . 7 . 1. 10 A certified list of the names and addresses of mineral owners and lessees of mineral owners on or under the parcel of land being considered. The source of such list shall be assembled from the records of the Weld County Clerk and Recorder, or from an ownership update from a title or abstract company or an attorney, derived from such records . 21 . 7 . 1 . 11 Such additional information as may be required by the Planning Commission or the Board of County Commissioners in order to determine that the application meets the standards and policies set forth in this Ordinance and the Weld County Comprehensive Plan. 21 . 7 . 2 A vicinity and land USE map of the area shall be submitted as part of the General Appli- cation. These maps shall be drawn to the following specifications : 21. 7 . 2 . 1 The maps shall be delineated on reproducible material approved by the Department of Plan- ning Services. 21 . 7 . 2. 2 The dimensions of the land USE map shall be thirty-six (36) inches wide by twenty-four (24) inches high and prepared at a scale one (1) inch equals one hundred (100) feet (1" = 100 ' ) or at other suitable scale when approved by the Department of Planning Services. The vicinity map shall be drawn at suitable scale on the land USE map. 21 . 7 . 2. 3 The following information, when applicable, shall be shown: 21 . 7 . 2. 3 . 1 Outline of the perimeter of the parcel pro- posed for the change of zone. 21 . 7 . 2. 3. 2 Title, scale, north arrow. 21 . 7 . 2 . 3 . 3 Ditches on or within two hundred (200) feet of the property. 20-11 I • 1865933 945 186932 BOOK944 RECEPTION .. .. BOOK RECEPTION ;3 i'-49 1d(( 21. 7 . 2. 3 . 4 Location of rivers and othearrai age systems on or within two hundred (200) feet of the property. 21. 7 . 2. 3 . 5 Location of easements , rights-of-ways , and other similar interests of record on the parcel and within 50 feet of the parcel . 21. 7 . 2. 3 . 6 Location of all existing utilities (elec- tricity, gas , water, and sewer) on the parcel as well as within 50 feet of the parcel . 21 . 7 . 2 . 3 . 7 FLOOD HAZARD AREAS on the property. 21 . 7 . 2 . 3 . 8 Areas of GEOLOGIC HAZARD on the property. 21 . 7 . 2 . 3 . 9 Mineral resource areas on the property. 21 . 7 . 2. 3 . 10 Areas of moderate or severe soil limitations as defined by the Soil Conservation Service or by a soil survey and study prepared by a soils engineer or soil scientist for the USES and associated STRUCTURES permitted within the proposed zone district . 21 . 7 . 2 . 3 . 11 Other information as may be reasonably re- quired by the Department of Planning Services in order to determine that the application meets the standards and policies set forth in this Ordinance and the Weld County Comprehen- sive Plan. 21 . 7 . 3 A rezoning plat shall be submitted as part of the General Application. This map shall be drawn to the following specifications : 21 . 7 . 3 . 1 The map shall be delineated in drawing ink on mylar or other material acceptab3.e to the Department of Planning Services . 21 . 7 . 3 . 2 The dimensions of the map shall be eight and one-half (82) inches wide by fourteen (14) inches high. 21 . 7 . 3 . 3 The following information shall be shown: 21 . 7 . 3 . 3. 1 Certified boundary survey of the parcel under consideration, showing all bearings and dis- tances outside the perimeter boundary lines . The closure error of the survey may not exceed 1 : 5, 000. 20-12 944 945 1867328 'K . RECEPT;ON__1865933 BOOK RECEPTION mile' __ Ys' 21 . 7 . 3 . 3 . 2 Legal description, including total area in- volved, as certified by the surveyor. 21 . 7 . 3 . 3. 3 Title, scale, and north arrow. 21. 7 . 3. 3 . 4 Date of drawing. 21. 7 . 3 . 4 The following certificates shall appear on the map : 21 . 7 . 3 .4. 1 Surveyor' s certificate. 21 . 7 . 3.4. 2 Planning Commission certificate . 21. 7 . 3 . 4. 3 Board of County Commissioners certificate. 21 . 7 . 3 . 4. 4 County Clerk and Recorder signature block. 21. 7 . 3. 5 Adequate space shall be provided on the re- zoning plat for the addition of the following information by the Department of Planning Services . 21. 7 . 3 . 5. 1 Zoning case number. 21 . 7 . 3 . 5. 2 Current zone classification. 21 . 7 . 3 . 5. 3 Requested zone classification. 21 . 7 .4 The following supporting documents shall be submitted as part of the general application: 21 . 7 .4. 1 Where an authorized agent signs the applica- tion for the fee owners , a letter granting power of attorney to the agent from the owners . 21. 7 . 4. 2 A copy of the deed or legal instrument by which the applicant obtained an interest in the property under consideration. 21 . 7 . 4. 3 A statement on how the proposed rezoning is consistent with the policies of the Weld County Comprehensive Plan, or 21. 7 . 4. 4 A statement that demonstrates how the proposed rezoning will correct what the applicant perceives as faulty zoning, or that demon- strates how the proposed rezoning will fit with what the applicant perceives as the changing conditions in the area. 20-13 944 1865333 BOOK.�4� RECEPTION 1867328 BOOK RECEPTION a3i-179 43/- 21. 7 .4. 5 A statement which demonstrates how the USES allowed by the proposed rezoning will be compatible with the surrounding land USES. 21. 7 . 4. 6 Statements from public water and sewer uti- lities which indicate that they are able to provide service for the site. If public utili- ties are not to be used, the applicant shall submit information which documents the availa- bility of water and suitability of the site for the sewage disposal system chosen by the applicant . The evidence shall document the adequacy of the proposed utility service for the USES permitted in the proposed zone dis- trict. 21. 7 .4. 7 A soil survey and study of the site proposed for the change of zone with a statement of the suitability of soils to support all USES allowed in the proposed zone. If the soils survey and study indicates soils which present moderate or severe limitations to the con- struction of STRUCTURES or facilities on the site, the applicant shall submit information which demonstrates that the limitations can be overcome. 21. 7 . 4. 8 If STREET or highway facilities which provide access to the property are not adequate to meet the requirements of the proposed zone district, the applicant shall supply infor- mation which demonstrates willingness and financial capability to upgrade the STREET or highway facilities in conformance with the Weld County Thoroughfare Plan and thereby meet the requirements of Section 21 . 6. 2. 4 of this Ordinance. 21. 7 . 4. 9 If, according to maps and other information available to Weld County, the Department of Planning Services determines that there appears to be a sand, gravel, or other mineral resource on or under the subject property, the applicant shall provide a mineral resource statement prepared by a certified geologist or other qualified expert . The statement shall indicate the estimated quantity of resources and indicate the economic feasibility of recovery, now and in the future, of the re- source(s) so that the Planning Commission and Board of County Commissioners can determine whether a COMMERCIAL MINERAL DEPOSIT, is contained on or under the subject properties . 20-14 • 944 1865933 945 1867329 BOOK RECEPTION ...._ BOOK RECEPTION £.3.L.:1.0 c3(7.5 21 . 7 .4. 10 If the proposed change of zone is located within and Overlay District identified by maps officially adopted by Weld County, the appli- cant shall submit information which either documents how the Weld County regulations concerning Overlay Districts have been satis- fied or documents how the applicant intends to meet the requirements of the Weld County regulations concerning Overlay Districts . 21. 8 Effective Date of Approved Amendments Any approved amendments to the Official Zoning Map of the Weld County Zoning Ordinance shall be effective immediately upon approval by the Board of County Commissioners unless otherwise specified by the approving resolution of the Board of County Commissioners . 22 Amendments to the Text of the Zoning Ordinance 22. 1 The Board of County Commissioners may, upon its own motion or upon petition of the Planning Commission, amend the text of the Official Weld County Zoning Ordinance. The proposed amendments must be reviewed by the Weld County Planning Commission whose recommendation shall be sent to and con- sidered by the Board of County Commissioners . Such amend- ments shall be made in compliance with the Colorado Statutes and with COUNTY procedures and regulations as established herein. 22. 2 Duties of the Department of Planning Services 22. 2.1 Upon submission of a request from the Board of County Commissioners for any proposed amend- ments to the text of the Weld County Zoning Ordinance, the staff of the Department of Planning Services shall : 22. 2. 1. 1 Draft all text amendments as directed by the Board of County Commissioners with the counsel of the County Attorney. 22. 2.1. 2 Set a Planning Commission hearing date after the completion of the proposed amendment. 22. 2. 1. 3 Arrange for legal notice of said hearing to be published once in the newspaper designated by the Board of County Commissioners for publi- cation of notices . The date of publication shall be at least ten (10) days prior to the hearing. 20-15 944 1865933 1867328 ®OOK,,,„.... . RECEPTION - BOOK 9 -•RECEPTION 22. 2. 1 . 4 Upon the approval of all proposed text amend- ments , arrange for the publication of the Zoning Ordinance; such publication shall be made available as soon as possible after final approval has been given the amendment by the Board of County Commissioners . 22 . 2. 1. 5 Perform other tasks as assigned by the Plan- ning Commission and the Board of County Commissioners . 22. 3 Duties of the Planning Commission 22 . 3. 1 The Planning Commission shall hold a hearing to consider the proposed Zoning Ordinance text amendment . The Planning Commission shall recommend to the Board of County Commissioners approval or denial of the proposed amendment. 22. 3 . 2 In making its final recommendation, the Plan- ning Commission shall determine: 22. 3 . 2. 1 That the existing Ordinance is in need of revision as proposed. 22. 3 . 2. 2 That the proposed amendment will be consistent with the future goals and needs of the COUNTY as set out in the Weld County Comprehensive Plan. 22. 3 . 2. 3 That the proposed amendment will be consistent with the overall intent of the Weld County Zoning Ordinance. 22. 3 . 3 The Secretary of the Planning Commission shall forward the official recommendation and the information contained in the official record which includes the Department of Planning Ser- vices case file, to the Board of County Com- missioners . 22. 4 Duties of the Office of the Board of County Commissioners 22 . 4. 1 Upon receipt of the Planning Commission recom- mendation, the Office of the Board of County Commissioners shall : 22.4. 1 . 1 Set a Board of County Commissioners public hearing date. 22 . 4. 1. 2 Arrange for legal notice of said hearing to be published once in the newspaper designated by the Board of County Commissioners for publi- cation of notices . The date of publication shall be at least thirty (30) days prior to the hearing. 20-16 1867329 BOOK 944 RECEPTION ltif::.`ari BOOK 945 RECEPTION 4231-502.. a3/ S' 22.4. The Board of County Commissioners shall hold a public hearing to consider the proposed text amendment and take final action. 22. 4. 3 In making its final determination, the Board shall : 22.4. 3 . 1 Take into consideration the recommendation of the Planning Commission and the information contained in the official record which includes the Department of Planning Services case file. 22 .4. 3 . 2 Find that the existing Ordinance is in need of revision as proposed. 22. 4.3 . 3 Find that the proposed amendment will be consistent with the future goals and needs of the COUNTY as set out in the Weld County Comprehensive Plan. 22. 4. 3. 4 Find that the proposed amendment is consistent with the overall intent of the Weld County Zoning Ordinance. 22.4. 3. 5 At the close of the public hearing the Board of County Commissioners may amend the Ordi- nance. The Ordinance shall be amended ac- cording to the procedures established in Article III , Section 3-14 of the Home Rule Charter for Weld County. 22.4. 4 The Board shall arrange for the recording of the Ordinance, and if approved, the full text of the amendment. 23 Site Plan Review 23. 1 Intent. The intent of the Site Plan Review procedure is to provide present and future residents and users of land in Weld County a means whereby orderly and harmonious DEVELOP- MENT is ensured in Weld County. As a part of the Site Plan Review process the applicant shall submit a certification which states and affirms that the specific USES , BUILDINGS and STRUCTURES are designed and will be constructed and operated in accordance with the applicable performance standards and district requirements in this Zoning Ordinance, and in accordance with any conditions imposed by the Board of County Commissioners at the time the property was zoned or rezoned. No land, BUILDING or STRUCTURE shall be USED, DEVELOPED, erected, constructed, reconstructed, moved or structurally altered or operated in any zone district that requires a Site Plan Certification until a Site Plan Certi- fication has been approved by the Department of Planning 20-17 1865933 $45 9 1867328 94.. BOOK RECEPTION °? 3/ &5 BOOK.... 5.. RECEPTION Services . The Department of Planning Services shall not issue a building permit for any BUILDING or STRUCTURE in a zone district which requires a Site Plan Certification until a Site Plan Certification has been submitted by the appli- cant and approved by the Department of Planning Services . 24 Uses by Special Review 24. 1 Intent and Applicability 24. 1. 1 Uses by Special Review are USES which have been determined to be more intense or to have a potentially greater impact than the Uses Allowed by Right in a particular zone dis- trict . Therefore, Uses by Special Review require additional consideration to ensure that they are established and operated in a manner that is compatible with existing and planned land USES in the NEIGHBORHOOD. The additional consideration or regulation of Uses by Special Review is designed to protect and promote the health, safety, convenience, and general welfare of the present and future residents of Weld County. 24. 1 . 2 The Board of County Commissioners may approve the establishment of a Use by Special Review by granting a Special Review Permit . All requests for Special Review Permit shall be reviewed by the Weld County Planning Commis- sion. The Planning Commission recommendation shall be forwarded to and considered by the Board of County Commissioners except for the following conditions . Any DEVELOPMENT or USE which requires a Special Review Permit and which is initiated by a general purpose local government , State of Colorado, United States Government , special district or authority created under the provisions of the laws of the State of Colorado, or any public utility whether publicly or privately owned, shall require review and approval by the Planning Commission only as set forth in Section 25. The failure of the Planning Commission to take action on the application within thirty (30) days after the official submittal of the application for said DEVELOPMENT or USE shall be deemed an approval of the application unless the agency submitting the application has granted an extension of the thirty (30) day review period. If the Planning Commission disapproves an application for a Special Review Permit for said DEVELOPMENT or USE, the Planning Commission' s disapproval may be 20-18 944 945, 186'7328 1865933 BOOK._._.._... ECEPTION._... BOOK RECEPTION o73/-41 overruled by the jurisdictional body or official making the application. The Planning Commission' s disapproval may be overruled by said body by a vote of not less than a majo- rity of its entire membership or by said official. 24. 1. 3 Any person filing an application for a Special Review Permit shall comply with the COUNTY procedures and regulations as set forth here- in. Any expansion or enlargement of a Use by Special Review shall be treated as a new USE and shall require a new application under the provisions of this Section. 24. 1.4 Ordinary repairs and maintenance may be per- formed upon STRUCTURES associated with a Use by Special Review so long as such repairs and maintenance do not have the effect of expand- ing or enlarging the USE. 24. 1. 5 If the Use by Special Review is discontinued for a period of three (3) consecutive years it shall be considered abandoned. It shall be necessary to follow the procedures and re- quirements of this Section in order to re- establish the Use by Special Review. 24. 1. 6 Applications for Special Review Permits shall be completed as set forth in Section 24. 7 , Application Requirements. The complete ap- plication and application fees shall be submitted to the Department of Planning Services . 24. 2 Duties of the Department of Planning Services 24. 2. 1 The Weld County Department of Planning Ser- vices shall be responsible for processing all applications for Special Review Permits in the unincorporated areas of Weld County. The Department shall also have the responsibility of ensuring that all application submittal requirements are met prior to initiating any official action as listed below. 24. 2. 2 Upon determination that the application sub- mittal is complete, the Department of Planning Services shall : 24. 2. 2. 1 Set a Planning Commission hearing date not more than forty-five (45) days after the complete application has been submitted. 20-19 944 1865933 186'7328 BOOK RECEPTION a�1 . BOOK �45 RECEPTION 537: s5. 24. 2. 2. 2 Give notice of the application for a Special Review Permit 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. Such notice is not required by Colorado State Statute 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 send- ing such notice shall not create a jurisdic- tional defect in the hearing process even if such error results in the failure of a sur- rounding property owner to receive such notification. 24. 2 . 2. 3 Give notice of the application for a Special Review Permit 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 sche- duled public hearing. Such notice is not required by Colorado 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 Department of Planning Services 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 to receive such notification. 24. 2. 2.4 Provide a sign for the applicant to post on the property under consideration for a Special Review Permit . The sign shall be posted by the applicant , who shall certify that the sign has been posted for the ten (10) days pre- ceeding the hearing date. This sign shall show the following information: 24. 2. 2.4. 1 Special Review Permit request number. 24. 2. 2. 4. 2 Date and place of Public Hearing. 24. 2. 2 .4. 3 Location and phone number of the public office where additional information may be obtained. 20-20 944 945 1867328 18F5 BOOK RECEPTION 5$ BOOK RECEPTION....... o� /_ , 3/- S (0 24. 2. 2 35 �� Arrange for legal notice of said hearing to be published 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 Use by Special Review is proposed. Failure to publish the second notice shall not create a jurisdictional defect in the hearing process . The date of publication shall be at least ten (10) days prior to the hearing. 24. 2 . 2 . 6 Refer the application to the following a- gencies , when applicable, for their review and comment . The agencies named shall respond within twenty-one (21) days after the mailing of the application by the COUNTY. The failure of any agency to respond within twenty-one (21) days may be deemed to be a favorable response to the Planning Commission. The reviews and comments solicited by Weld County are intended to provide the COUNTY with infor- mation about the proposed Use by Special Review. The Planning Commission and Board of County Commissioners may consider all such reviews and comments and may solicit addi- tional information if such information is deemed necessary. The reviews and comments submitted by a referral agency are recommenda- tions to the COUNTY. The authority and res- ponsibility for making the decision to approve or deny the request for a Special Review Permit rests with the Officials of Weld County. 24. 2. 2. 6. 1 The Planning Commission or Governing Body of any town and county whose boundaries are within a three (3) mile radius of the parcel under consideration for a Use by Special Review Permit . 24. 2. 2. 6. 2 The Planning Commission or Governing Body of any city or town that has included the parcel in its MASTER PLANNING area. 24. 2. 2. 6. 3 Weld County Department of Health Services . 24. 2 . 2 . 6. 4 Weld County Department of Engineering Services to check the legal description of the parcels and review of other engineering aspects of the proposal. 24. 2. 2. 6. 5 Weld County Extension Office. 20-21 186'7328 944 1865931 945 BOOK RECEPTION _..�37� 5 / BOOK RECEPTION y�''77��yy� r dJ ( ' s7 24. 2. 2. 6. 6 Colorado Department of Health. 24. 2 . 2 . 6. 7 Colorado Geological Survey. 24. 2. 2 . 6. 8 Colorado Historical Society. 24. 2. 2. 6 . 9 Colorado State Department of Highways . 24. 2. 2. 6. 10 Colorado State Division of Wildlife. 24. 2. 2. 6. 11 Colorado State Engineer, Division of Water Resources . 24. 2 . 2 . 6.12 Colorado State Oil and Gas Conservation Com- mission. 24. 2. 2. 6. 13 Colorado Water Conservation Board. 24. 2 . 2 . 6. 14 U. S . Army Corps of Engineers . 24. 2. 2. 6. 15 U. S. Soil Conservation Service. 24. 2. 2. 6. 16 U. S . Forest Service. 24. 2 . 2. 6. 17 U. S . Bureau of Land Management . 24. 2 . 2 . 6 . 18 Federal Aviation Administration. 24. 2. 2. 6. 19 Federal Communications Commission. 24. 2. 2. 6. 20 The appropriate Fire District . 24. 2. 2 . 6. 21 Any irrigation ditch company with facilities on or adjacent to the parcel under conside- ration. 24. 2. 2 . 6. 22 Any other agencies or individuals whose review the Department of Planning Services , the Planning Commission, or the Board of County Commissioners deem necessary. 24. 2. 2. 7 Prepare staff comments for use by the Planning Commission addressing all aspects of the application, its conformance with the Weld County Comprehensive Plan, adopted MASTER PLANS of affected municipalities , sound land use planning practices , comments received from agencies to which the proposal was referred, and standards contained in this Ordinance. 20-22 944 945 1867328 BOOK RECEPTION 18E4221. BOOK....... RECEPTION......._.. 3 _ 24. 3 Duties of the Planning Commission 24.3. 1 The Planning Commission shall hold a hearing to consider the application for the Special Review Permit. The public hearing may involve either the Special Review Permit application alone or may include the review of concurrent applications under Weld County ' s provisions for Overlay Districts , Section 50. The Plan- ning Commission shall provide recommendations to the Board of County Commissioners concern- ing the disposition of the requested Special Review Permit. The Planning Commission shall approve the request for the Special Review Permit unless it finds that the applicant has not met one or more of the standards or condi- tions of Sections 24.3. 1, 24. 5 and 24. 6. The applicant has the burden of proof to show that the standards and conditions of Sections 24. 5, 24. 6 and 24. 3. 1 are met. The applicant shall demonstrate : 24.3. 1. 1 That the proposal is consistent with the Weld County Comprehensive Plan. 24. 3. 1. 2 That the proposal is consistent with the intent of the district in which the USE is located. 24.3. 1. 3 That the USES which would be permitted will be compatible with the existing surrounding land USES. 24.3. 1. 4 That the USES which would be permitted will be compatible with future development of the surrounding area as permitted by the existing zoning and with the future development as projected by the COMPREHENSIVE PLAN or MASTER PLANS of affected municipalities . 24.3. 1 . 5 That the application complies with the Weld County Zoning Ordinance, Section 50, Overlay District Regulations if the proposal is located within the Overlay District Areas identified by maps officially adopted by Weld County. 24.3. 1. 6 That if the USE is proposed to be located in the A-District, that the applicant has demon- strated a diligent effort has been made to conserve productive agricultural land in the locational decision for the proposed USE. 20-23 186593:3 0?,3/:�9 945 1867328 BOO 944 RECEPTION BOOK....... ... RECEPTION ....rgw 24. 3. 1. 7 That there is adequate provision fot the protection of the health, safety and welfare of the inhabitants of the NEIGHBORHOOD and the County. 24. 3. 2 The Secretary of the Planning Commission shall foward the official recommendation of the Planning Commission and the information con- tained in the official record, which includes the Department of Planning Services case file, to the Clerk to the Board of County Commis- sioners within ten (10) days after said recommendation has been made. 24. 3. 3 If the Planning Commission recommendation is conditional upon the applicant completing certain specified items prior to the publi- cation of the notice for the hearing by the Board of County Commissioners , then the ten (10) day period shall commence upon submission of the items by the applicant to the Depart- ment of Planning Services. 24.4 Duties of the Office of the Board of County Commissioners 24. 4. 1 Upon receipt of the Planning Commission re- commendation, the Office of the Board of County Commissioners shall : 24. 4.1. 1 Set a Board of County Commissioners public hearing to take place not more than forty-five (45) days after receipt of the Planning Com- mission recommendation for consideration of the proposed Special Review Permit. 24.4.1. 2 Arrange for legal notice of said hearing to be published once in the newspaper designated by the Board of County Commissioners for publi- cation 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 Use by Special Review 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 ten (10) days prior to the hearing. 24. 4. 1.3 Give notice of the application for a Special Use Permit 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. 20-24 1867328 944 1865933 945 BOOK »... RECEPTION / BOOK RECEPTION........ ..... . . ». .2,7/�Od 02,5/-(pO Such notification shall be mailed, first class , not less than ten (10) days before the scheduled public hearing. Such notice is not required by Colorado State Statute and is provided as a courtesy to surrounding property owners (the surface estate.) Inadvertent errors by the applicant in supplying such list or the Board of County Commissioners in send- ing such notice shall not create a jurisdic- tional defect in the hearing process even if such error results in the failure of a sur- rounding property owner to receive such noticiation. 24.4. 1.4 Give notice of the application for a Special Use Permit 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. Such notice is not required by Colorado State Statute and is provided as a courtesy to the owners and lessees of the mineral estate on or under the parcel . Inad- vertent 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 to receive such notification. 24. 4. 1. 5 Arrange for the applicant to post a sign on the property under consideration for a Special Review Permit according to the requirements of Section 24. 2. 2.4. 24.4.2 The Board of County Commissioners shall hold a public hearing to consider the application and to take final action thereon. In making a decision on the proposed Use by Special Review, the Board shall consider the recommendation of the Planning Commission, and from the facts presented at the public hearing and the in- formation contained in the official record, which includes the Department of Planning Services case file, the Board of County Com- missioners shall approve the request for the Special Review Permit unless it finds that the applicant has not met one or more of the standards or conditions of Sections 24. 2. 2 , 24. 5 and 24. 6. The applicant has the burden of proof to show that the standards and condi- tions of 24. 4. 2 , 24. 5 and 24. 6 are met. The applicant shall demonstrate : 20-25 944 q 1867328 BOOK RECEPTION 186593.3 (2314/ BOOKS... RECEPTION 24.4. 2. 1 That the proposal is consistent wit the Weld County Comprehensive Plan. 24.4. 2. 2 That the proposal is consistent with the intent of the district in which the USE is located. 24.4. 2. 3 That the USES which would be permitted will be compatible with the existing surrounding land USES. 24.4. 2. 4 That the USES which would be permitted will be compatible with the future DEVELOPMENT of the surrounding area as permitted by the existing zone and with future DEVELOPMENT as projected by the COMPREHENSIVE PLAN of the COUNTY or the adopted MASTER PLANS of affected municipa- lities . 24. 4. 2. 5 That the application complies with the Weld County Zoning Ordinance, Section 50, Overlay District Regulations if the proposal is located within any Overlay District Area identified by maps officially adopted by Weld County. 24. 4. 2. 6 That if the USE is proposed to be located in the A-District , that the applicant has demon- strated a diligent effort has been made to conserve productive agricultural land in the locational decision for the proposed USE. 24. 4.2 . 7 That there is adequate provision for the protection of the health, safety and welfare of the inhabitants of the NEIGHBORHOOD and the COUNTY. 24. 4.3 Upon the Board making its final decision, a resolution setting forth that decision will be drafted and signed. A record of such action and a copy of the resolution will be kept in the files of the Clerk to the Board. 24. 5 Design Standards for Use by Special Review 24. 5.1 An applicant for a Use by Special Review shall demonstrate compliance with the following design standards in the application and shall continue to meet these standards if approved for DEVELOPMENT. 24. 5 .1. 1 Adequate water service in terms of quality, quantity, and dependability is available to the site to serve the USES permitted. 20-26 945 1867328 186593:3 BOOK...... ... RECEPTION BOOK' RECEPTIg21...5.T:' 3l Adequate sewer service is available to the site to serve the USES permitted. 24. 5. 1. 3 If soil conditions on the site are such that they present moderate or severe limitations to the construction of STRUCTURES or facilities proposed for the site, the applicant has demonstrated how much limitations can and will be mitigated. 24. 5 .1. 4 Adequate fire protection measures are avail- able on the site for the STRUCTURES and faci- lities permitted. 24. 5.1. 5 USES shall comply with the following storm water management standards : 24 . 5 . 1. 5 . 1 Storm water retention facilities shall be provided on site which are designed to retain the storm water runoff from the fully deve- loped site from a 100 year storm. 24. 5.1. 5. 2 The drainage facilities shall be designed to release the retained water at a quantity and rate not to exceed the quantity and rate of a five year storm falling on the UNDEVELOPED site. 24. 5 .1. 6 All parking and vehicle storage shall be provided on the site; parking shall not be permitted within any public right-of-way . An adequate parking area shall be provided to meet the parking needs of employees, company vehicles, visitors , and customers . 24. 5. 1. 7 The USE shall comply with all the SETBACK and OFFSET requirements of the zone district . 24. 5 .1. 8 The access shall be located and designed to be safe; ingress and egress shall not present a safety hazard to the traveling public or to the vehicle accessing the property. For USES generating high traffic volumes and large number of large, slow accelerating vehicles , acceleration and deceleration lanes may be required to mitigate a potential traffic hazard. 24. 5 .1. 9 New Accesses to Public Rights-of-Way shall be constructed using the following as minimum standards : 20-27 186734 BOOK 944 RECEPTION 186593'; BOOK 945 RECEPTION__.....»..»..»» ..y 03 Size of drainage structure 1112' diameter 0231" Goa Length of drainage structure 20 ' Depth of cover over pipe 12" Width of access 15 ' Maximum grade of access 157 Flare radius 20 ' Depth of surfacing 4" Standards exceeding these minimums may be required depending on the type and volume of vehicles generated by the type of USE pro- posed. 24. 5.1. 10 Buffering or SCREENING of the proposed USE from adjacent properties may be required in order to make the determination that the proposed USE is compatible with the surround- ing USES. Buffering or SCREENING may be accomplished through a combination of berming, landscaping, and fencing. 24. 5.1. 11 Uses by Special Review in the A-District shall be located on the least productive soils on the property in question unless the applicant can demonstrate why such a location would be impractical or infeasible. 24. 6 Operation Standards for Uses by Special Review 24. 6. 1 An applicant for a Special Review Permit shall demonstrate conformance with the following operation standards in the Special Review Permit application to the extent that the standards affect location, layout and design of the Use by Special Review prior to con- struction and operation. Once operational , the operation of the USES permitted shall conform to these standards . 24. 6.1. 1 The operation of the USES shall comply with the noise standards enumerated in 25-12-101 C.R.S. 1973 as amended. 24. 6.1. 2 The operation of the USES shall comply with the air quality regulations promulgated by the Colorado Air Quality Control Commission. 24. 6. 1.3 The operation of the USES shall comply with the water quality regulations promulgated by the Colorado Water Quality Control Commission. 24. 6 . 1. 4 The USES shall comply with the following lighting standards : 20-28 18(�'73x 944 18659331 BOOK 945 RECEPTION.... . ` �({ BOOK RECEPTION 24. 6. 1. 4. 1- Sources of light , including light from high temperature processes such as combustion or welding, shall be shielded so that light rays will not shine directly onto ADJACENT pro- perties where such would cause a nuisance or interfere with the USE on the ADJACENT pro- perties , and 24. 6. 1.4. 2 Neither direct or reflected light from any light source may create a traffic hazard to operators of motor vehicles on PUBLIC or private STREETS, no colored lights may be used which may be confused with or construed as traffic control devices . 24. 6.1. 5 The USES shall not emit heat so as to raise the temperature of the air more than five (5) degrees Fahrenheit at or beyond the LOT line. 24. 6. 1. 6 Property shall be maintained in such a manner that grasses and weeds are not permitted to grow taller than twelve (12) inches . In no event shall the property owner allow the growth of NOXIOUS WEEDS. 24. 7 Application Requirements for a Use by Special Review 24. 7 . 1 The purpose of the application is to give the petitioner an opportunity to demonstrate through written and graphic information how the proposal complies with the standards of this Ordinance. The following supporting documents shall be submitted as a part of the application: 24. 7. 1. 1 A statement which explains that the proposal is consistent with the Weld County Comprehen- sive Plan. 24. 7. 1. 2 A statement which explains that the proposal is consistent with the intent of the district in which the USE is located. 24. 7 . 1.3 A statement which explains that the USES which would be permitted will be compatible with the existing surrounding land USES. 24. 7. 1. 4 A statement which explains that the USES which would be permitted will be compatible with the future DEVELOPMENT of the surrounding area as permitted by the existing zone and with future DEVELOPMENT as projected by the COMPRE- HENSIVE PLAN of the COUNTY or the adopted MASTER PLANS of affected municipalities . 20-29 1865933 945 1867328 944 BOOK RECEPTION . -•---,�3I,6s- BOOK RECEPTIQN. L:.SX 24:7715 A statement which explains that the applica- tion complies with the Weld County Zoning Ordinance, Section 50, Overlay District Re- gulations if the proposal is located within any Overlay District Area identified by maps officially adopted by Weld County. 24. 7 . 1. 6 A statement which explains that if the USE is proposed to be located in the A-District , that the applicant has demonstrated a diligent effort has been made to conserve productive agricultural land in the locational decision for the proposed USE. 24. 7 . 1. 7 A statement which explains that there is a need for the proposed USE. 24. 7 . 1. 8 A statement which explains that there is ade- quate provision for the protection for wild- life and waterfowl. 24. 7 . 1. 9 A statement which explains that there is ade- quate provision for the protection of the health, safety and welfare of the inhabitants of the NEIGHBORHOOD and the COUNTY. 24. 7. 2 The following general information shall be submitted: 24. 7, 2. 1 Name, address , and telephone number of the applicants . 24. 7. 2. 2 Name and address of the fee owners of the property proposed for the Use by Special Review if different from above. 24. 7. 2.3 Legal description of the property under con- sideration. 24. 7. 2.4 Total acreage of the parcel under considera- tion. 24. 7 . 2. 5 Existing land USE of the parcel under con- sideration. 24. 7. 2. 6 Existing land USES of all properties ADJACENT to said parcel. 24. 7. 2. 7 Present zone and overlay zones , if appro- priate. 24. 7. 2. 8 Signatures of the applicant and fee owners or their authorized legal agent . 20-30 944 186;193 945 1867328 BOOK RECEPTION Q231... .2 BOOK . RECEPTION._........ .3/^6% 24. 7 . 2. 9 A certified list of the names, addresses and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of property (the surface estate) within five hundred (500) feet of the property sub- ject to the application. The source of such list shall be the records of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records, or from the records of the Weld County Clerk and Recorder. If the list was assembled from the records of the Weld County Assessor, the applicant shall certify that such list was assembled within thirty (30) days of the application submission date. 24. 7. 2. 10 A certified list of the names and addresses of mineral owners and lessees of mineral owners on or under the parcel of land being con- sidered. The source of such list shall be assembled from the records of the Weld County Clerk and Recorder, or from an ownership update from a title or abstract company or an attorney, derived from such records . 24. 7. 2. 11 Such additional information as may be required by the Planning Commission or the Board of County Commissioners in order to determine that the application meets the standards and policies set forth in this Ordinance and the Weld County Comprehensive Plan. 24. 7. 3 A detailed description of the proposed opera- tion and USE shall be supplied. Details for the following items , when applicable, are required: 24. 7 .3. 1 Type of USE for which the application is being made. 24. 7. 3. 2 Proximity of the proposed USE to residential STRUCTURES. 24. 7 .3.3 The number of shifts to be worked and the maximum number of employees . 24. 7. 3. 4 The maximum number of users , patrons , members , buyers , or other visitors that the Use by Special Review facility is designed to accom- modate at any one time. 24. 7.3. 5 Types and maximum numbers of animals to be concentrated on the site at any one time. 20-31 944 1865933 BOOK 945 RECEPTIONN.Q6i'1.3ZR. BOOK....... ... RECEPTION _. ;31-67 3(40 24. 7 . 3. 6 Types and numbers of operating and processing equipment to be utilized. 24. 7. 3. 7 Type, number, and USES of the proposed STRUC- TURES to be erected. 24. 7. 3. 8 Type, size, weight , and frequency of vehicular traffic and access routes that will be uti- lized. 24. 7 .3. 9 Domestic sewage facilities . 24. 7.3. 10 Size of stockpile, storage, or waste areas to be utilized. 24. 7. 3. 11 Method and time schedule of removal or dis- posal of debris , junk, and other wastes as- sociated with the proposed USE. 24. 7. 3. 12 A time table showing the periods of time required for the construction of the opera- tion. 24. 7.3. 13 Proposed LANDSCAPING plans . 24. 7. 3. 14 Reclamation procedures to be employed as stages of the operation are phased out or upon cessation of the Use by Special Review acti- vity. 24. 7. 3. 15 A statement delineating the need for the proposed USE. 24. 7.3. 16 A description of the proposed fire protection measures . 24. 7.3. 17 Such additional information as may be required by the Department of Planning Services , the Planning Commission or the Board of County Commissioners in order to determine that the application meets the requirements of this Ordinance and the policies of the Weld County Comprehensive Plan. 24. 7. 4 Special Review Permit Plan Map. 24. 7. 4. 1 The map shall be delineated on reproducible material approved by the Department of Plan- ning Services. 24. 7 . 4. 2 The dimensions of the map shall be thirty-six (36) inches wide by twenty-four (24) inches high. 20-32 qq 1867328 44 B00Icfl RECEPTION 1888933 BOOK945 RECEPTION a3 Hat J2�t G 8' 24. 7. 4. 3 The Special Review Permit Plan Map shall include certificates for the property owner' s signature, the Planning Commission, the Board of County Commissioners , and the Weld County Clerk and Recorder. The required content of the certificates is available from the Depart- ment of Planning Services . 24. 7. 4. 4 Vicinity Map. A vicinity map shall be drawn on the Use by Special Review Permit Plan Map. 24. 7. 4.4. 1 The scale of the vicinity map shall be 1" = 600 ' or at another suitable scale if approved by the Department of Planning Services . 24. 7.4. 4. 2 The vicinity map shall delineate all of the required information within a Z mile radius of the property proposed for the Use by Special Review. 24. 7 .4.4.3 The following information shall be shown on the vicinity map : 24. 7.4.4.3. 1 Section, township, and range. 24. 7 .4.4.3. 2 Scale and north arrow. 24. 7 .4.4.3. 3 Outline of the perimeter of the parcel pro- posed for the Use by Special Review. 24. 7. 4.4. 3. 4 The general classifications and distribution of soils over the parcel under consideration. Soil classification names and agricultural capability classifications must be noted in the legend. 24. 7.4.4.3. 5 Locations and names of all roads , irrigation ditches , and water features . 24. 7.4.4.3. 6 Location of all residences within a Z mile radius , existing and proposed accesses to the property proposed for the Use by Special Review, any abutting subdivision outlines and names , and the boundaries of any ADJACENT municipality. 24. 7. 4. 4. 3. 7 Any other relevant information within a z mile distance of the perimeter property proposed for the Use by Special Review as may be rea- sonably required by the COUNTY to meet the intent and purpose of this Resolution. 24. 7 .4. 5 Plot Plan. A plot plan of the Use by Special Review area shall be drawn on the Special Review Permit Plan Map. 20-33 186593:3 945 1867328 BOOK94 RECEPTION alkyl)ci BOOK RECEPTION........... .. ...... 31.0 24. 7 .4. 5. 1 The scale of the plot plan shall be 1" = 100' or at another suitable scale if approved by the Department of Planning Services . 24. 7 .4. 5 . 2 The plot plan shall outline the boundaries if the parcel being considered for the Use by Special Review. 24. 7.4. 5 . 3 The plot plan shall include the location and identification of all of the following items which presently existing within a 200 ' radius of the boundaries of the Use by Special Review area as well as within the area itself; it shall also include the proposed features and STRUCTURES of the Use by Special Review: 24. 7. 4. 5.3. 1 All PUBLIC rights-of-way of record (including names) . 24. 7. 4. 5.3. 2 All existing and proposed STRUCTURES. 24. 7.4. 5.3.3 All utility easements or rights-of-way for telephone, gas , electric, water, and sewer. lines . 24. 7 .4. 5 .3.4 Irrigation ditches. 24. 7. 4. 5.3. 5 ADJACENT property lines and respective owners ' names (may be shown on vicinity map instead) . 24. 7. 4. 5. 3. 6 All hydrographic features including streams , rivers , ponds, and reservoirs (including names) . 24. 7. 4. 5.3. 7 Topography at two (2) foot contour intervals or at intervals as determined necessary by the Department of Planning Services . 24. 7. 4. 5.3. 8 Location of areas of moderate or severe soil limitations as defined by the Soil Conserva- tion Service or by a soil survey and study prepared by a soils engineer or scientist for the USES and associated STRUCTURES proposed for the parcel. 24. 7 .4. 5 . 3. 9 Location and design of storm water management devices or STRUCTURES . 24. 7. 4. 5.3. 10 Complete traffic circulation and parking plan showing locations and sizes . 20-34 944 18r 593 ! BOOK 45 RECEPTION 186'7328,,, BOOK RECEPTION p2.3.(.;20 0)31- 70 24. 7. 4. 5 .3. 11 Location, amount , size and type of any pro- posed LANDSCAPING, fencing, walls , berms , or other SCREENING. 24. 7. 4. 5. 3. 12 Location of any flood hazard, GEOLOGIC HAZARD, or mineral resource areas . 24. 7. 4. 5.3. 13 Such additional information as may be rea- sonably required by the Department of Planning Services , the Planning Commission, or the Board of County Commissioners in order to determine that the application meets the requirements of this Ordinance and the poli- cies of the Weld County Comprehensive Plan. 24. 7. 5 Supporting Documents. The following sup- porting documents shall be submitted as part of the application: 24. 7. 5. 1 Where an authorized legal agent signs the application for the fee owners, a letter granting power of attorney to the agent from the owners must be provided. 24. 7 . 5. 2 Proof that a water supply will be available which is adequate in terms of quantity, quality, and dependability (e. g. , a well permit or letter from a water district) . 24. 7. 5. 3 Copy of the deed or legal instrument by which the applicant obtained an interest in the property under consideration. 24. 7 . 5.4 A noise report , unless waived by the Depart- ment of Planning Services, documenting the methods to be utilized to meet the applicable noise standard. 24. 7. 5 . 5 A soil report of the site prepared by the Soil Conservation Service or by a soils engineer or scientist. In those instances when the soil report indicates the existence of moderate or severe soil imitations for the USES proposed, the applicant shall detail the methods to be employed to mitigate the limitations. 25 Special Review Permit for Major Facilities of a Public Utility 25. 1 Applicability. These regulations shall apply to all new site selections of MAJOR FACILITIES OF PUBLIC UTILITIES within the unincorporated lands of Weld County subsequent to the adoption of these regulations . These regulations shall also apply to any expansion, enlargement, or extension of 20-35 186'732A 944 186593a BOOK 94`5RECEPTION BOOK RECEPTION 22-31.:17/ a31-71 MAJOR FACILITIES OF PUBLIC UTILITIES after the adoption of these regulations . Any proposed MAJOR FACILITIES OF A PUBLIC UTILITY which requires a Special Review Permit and which is initiated by a general purpose local government , State of Colorado , United States Government , special dis- trict or authority created under the provisions of the laws of the State of Colorado, or any public utility whether publicly or privately owned , shall require review and ap- proval by the Planning Commission only. The failure of the Planning Commission to take action on the application within thirty (30) days after the official submittal of the appli- cation for said DEVELOPMENT or USE shall be deemed an ap- proval of the application unless the agency submitting the application is granted an extension of the thirty (30) day review period. If the Planning Commission disapproves an application for a Special Review Permit for said DEVELOPMENT or USE, the Planning Commission' s disapproval may be over- ruled by the jurisdictional body or official making the application. The Planning Commission' s disapproval may be overruled by said body by a vote of not less than a majority of its entire membership or by said official. 25 . 2 Relationship of Regulations to Other Requirements . Nothing in Section 23 shall e construe as exempting an applicant from any state or federal laws or regulations . 25 .3 Prohibition of Site Selection and Construction of a Major Facility of a Public Utility Without Permit 25. 3 . 1 No person may locate or construct a MAJOR FACILITY OF A PUBLIC UTILITY in Weld County without first obtaining a Special Review Permit pursuant to these regulations , and no Building permit for a MAJOR FACILITY OF A PUBLIC UTILITY shall be approved without the applicant first obtaining approval of a Spe- cial Review Permit pursuant to these regula- tions . 25.4 Duties of the Department of Planning Services 25.4. 1 The Weld County Department of Planning Ser- vices shall be responsible for processing all applications for a MAJOR FACILITY OF A PUBLIC UTILITY in the unincorporated area of Weld County. The Department shall also have the responsibility of insuring that all applica- tion submittal requirements are met prior to initiating any official action as listed below. 25. 4. 2 Upon determination that a submitted appli- cation is complete, the staff of the Depart- ment of Planning Services shall : 20-36 944 945 1867328 1865933973i BOOK RECEPTION _. BOOK..._....... RECEPTION P� 71- 25.4. 2. 1 Set a Planning Commission hearing date not more than forty-five (45) days after the complete application has been submitted. 25.4. 2 .2 Arrange for a public notice of the hearing by the Planning Commission to be published once in a newspaper serving the general area of the request a minimum of ten (10) days prior to the hearing date. 25.4. 2. 3 Give notice of application for a Special Re- view Permit 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 , no less than ten (10) days before the scheduled public hearing. Such notice is not required by Colorado State Statute and is provided as a courtesy to surrounding property owners (the surface estate. ) Inad- vertent errors by the applicant in supplying such list or the Department of Planning Ser- vices 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 to receive such notification. However, applicants for an electric TRANSMISSION LINE or gas PIPELINE which is more than one (1) mile in length shall advertise the hearing at least once in a newspaper serving the general area of the request a minimum of ten (10) days prior to the hearing date. The advertisement shall contain a map displaying the proposed alterna- tive routes along with a description of the hearing time, date, and location. The adver- tisement for an electric TRANSMISSION LINE or gas PIPELINE which is more than one (1 ) mile in length shall be the only requirement for notification of property owners . 25.4. 2.4 Give notice of the application for a Special Review Permit 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. Such notice is not required by Colorado State Statute and is provided as a courtesy to the owners and lessees of the mineral estate on or under the parcel. Inad- vertent errors by the applicant in supplying 20-37 945 1867328 944 BOOK RECEPTION........... . BOOK RECEPTION 1865933 431-25 ssuch list or the Department of Planning Ser- vices 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 to receive such notification. However, applicants for an electric TRANSMISSION LINE or gas PIPELINE which is more than one (1) mile in length shall advertise the hearing at least once in a newspaper serving the general area of the request a minimum of ten (10) days prior to the hearing date . The advertisement shall contain a map displaying the proposed alterna- tive routes along with a description of the hearing time, date, and location. The adver- tisement for an electric TRANSMISSION LINE or gas PIPELINE which is more than one (1) mile in length shall be the only requirement for notification of mineral rights owners . 25 .4. 2 . 5 Refer the application to the following agen- cies , when deemed applicabl.e by the Department of Planning Services for their review and comment. The agencies named shall respond within twenty-one (21) days after the mailing of the application by the County. The failure of any agency to respond within twenty-one (21) days may be deemed to be a favorable response to the proposal. Such agencies may request and be granted additional time for review of such proposals upon approval by the Director of the Department of Planning Ser- vices . The reviews and comments solicited by Weld County are intended to provide the County with information on the proposal. The Plan- ning Commission may consider all such reviews and comments , and may solicit additional information if such information is deemed necessary. The reviews and comments submitted by a referral agency are recommendations to the County. The authority and responsibility for making the decision to approve or deny the proposal rests with the officials of Weld County. 25.4. 2 . 5 . 1 The Planning Commission of any town or county whose boundaries are within three (3) miles of the proposed site or if the proposed site is located within any town' s comprehensive plan- ning area. 25.4. 2 . 5. 2 Weld County Department of Health Services . 20-38 944 1865933 945 1867328 BOOK.__....... RECEPTION d31 -74- BOOK RECEPTION a 31-' 7`/ 25.4. 2. 5. 3 Weld County Department of Engineering Ser- vices . 25.4. 2. 5.4 Colorado Geological Survey. 25.4. 2. 5. 5 Colorado State Department of Highways . 25.4. 2. 5. 6 U. S. Forest Service. 25.4. 2. 5. 7 Any irrigation ditch company with facilities within or adjacent to the site under conside- ration. 25.4. 2. 5. 8 Utility companies with underground lines which might be affected by the DEVELOPMENT. 25.4. 2. 5. 9 Special service districts who may provide service to the DEVELOPMENT. 25.4. 2. 5. 10 State Engineer, Division of Water Resources . 25.4. 2. 5. 11 Soil Conservation Service. 25. 4. 2. 5. 12 Any other agencies or individuals whose review the Department of Planning Services deems necessary. 25.4. 2. 6 Prepare staff comments and recommendations for presentation at the Planning Commission hear- ing, addressing all aspects of the appli- cation, its conformance with the Weld County Zoning Ordinance, the Weld County Compre- hensive Plan, and comments received from referral agencies . 25.4.3 The Department of Planning Services shall arrange for the office of the Weld County Clerk and Recorder to record the plans ap- proved by the Planning Commission. 25 . 5 Duties of the Planning Commission 25. 5. 1 The Planning Commission shall hold a hearing to consider the application for the Special Review Permit. In making a decision on the proposed Special Review Permit for a MAJOR FACILITY OF A PUBLIC UTILITY, the Planning Commission shall, from the facts presented at the public hearing and the information con- tained in the official record, which includes the Department of Planning Services case file, approve the request for the Special Review Permit for a MAJOR FACILITY OF A PUBLIC UTILITY unless it finds that the applicant has 20-39 945 1867328 944 1865933 BOOK RECEPTION BOOK RECEPTION :iii 31- 75 _ 'L fhot met one or more of the applicable condi- tions of Section 25. 8. The applicant has the burden of proof to show that the applicable conditions of Section 25 . 8 are met. The Planning Commission has final permit review authority for a MAJOR FACILITY OF A PUBLIC UTILITY as described in Section 25 . 1. 25. 6 Duties of the Board of County Commissioners 25 . 6. 1 The Special Review Permit duties of the Board of County Commissioners for a MAJOR FACILITY OF A PUBLIC UTILITY are limited according to the provisions of Section 30-28-110 C.R. S. , 1973 , as amended, and the Weld County Home Rule Charter. 25 . 7 Application for a Special Review Permit 25. 7 . 1 Any person seeking to locate and construct a MAJOR FACILITY OF A PUBLIC UTILITY in Weld County shall apply for a Special Review permit on the forms provided by the Weld County Department of Planning Services . The appli- cation forms shall be accompanied by the supporting documents required by these re- gulations . 25. 7 . 2 Submission Requirements . An adequate number of copies of the application for a Special Review Permit shall be submitted by the ap- plicant to the Department of Planning Ser- vices . An application for a Special Review Permit shall contain the following information in such form as prescribed by the Department of Planning Services . 25 . 7. 2. 1 Applicant ' s name and telephone number. 25. 7. 2. 2 Address of applicant and general office. 25. 7. 2.3 Summary statement of the project , to include when applicable. 25. 7. 2. 3. 1 Source, capacity, destination and type of facilities , support structures , lines, etc. involved. 25 . 7 . 2.3. 2 Number and description of alternative loca- tions or routes considered with a summary emphasizing reasons for favoring a particular site or route. 20-40 944 1865933 945 1867328 BOOK............ RECEPTION R43.+�.. (..Y BOOK RECEPTION --5-37- 74 25 . 7 . 2 . 3 . 3 Procedures , including reclamation measures , landscaping, buffering techniques or multiple uses , to be employed in efforts to mitigate any adverse impacts . 25. 7 . 2 . 3 . 4 Size of the anticipated work force, both temporary and permanent . 25. 7 . 2. 3 . 5 A summary of the water requirements , if any, to include the quality and quantity, needed for each proposed USE, proposed source, pro- posed storage facilities , proposed points of diversion, proposed treatment system, and proposed distribution system. 25. 7 . 2. 3 . 6 A summary of the fuel requirements , if any, to include the type and quantity needed, proposed source, and proposed storage facilities . 25. 7 . 2. 3 . 7 A description of the proposed location and method of disposal of all forms of waste. 25. 7. 2. 4 A detailed report shall be submitted which includes information on the following items . 25. 7 . 2.4. 1 A complete description of the proposed faci- lities including the source, capacity, des- tination, and type of structures . 25. 7 . 2.4. 2 A complete analysis of the alternative routes or sites considered to include in each case : 25. 7 . 2.4. 2 . 1 Reasons for consideration; 25. 7 . 2. 4. 2. 2 Types of agricultural and other land uses affected; 25. 7 . 2.4. 2. 3 Construction cost of the proposed alterna- tives ; 25 . 7 . 2.4. 2.4 Impacts on mineral resources ; 25 . 7 . 2. 4. 2. 5 Impacts on wildlife habitat ; 25. 7 . 2.4 . 2. 6 Impacts on historical , archaeological , and scenic resources ; 25. 7 . 2. 4. 2 . 7 Visual impacts created by above ground faci- lities ; 25. 7 . 2.4. 2 . 8 A description of any GEOLOGIC or FLOOD HAZARDS which could adversely affect the development ; and 20-41 945 1867328 300K944 RECEPTION 18(35933 a31-?f7 BOOK RECEPTION —TV Tr 77 25 . 7 . 2.4. 2. 9 Advantages and disadvantages of the alterna- tives considered. 25 . 7 . 2.4. 3 A description of the preferred alternative route or site and reasons for its selection. 25. 7 . 2 .4.4 Procedures to be employed in mitigating any adverse impacts of the proposed routes or sites . 25. 7 . 2 .4. 5 An outline of the planned construction and operation schedule to include the number of stages and timing of each. 25. 7 . 2.4. 6 Information of any public meeting conducted to include the location, date, time, attendance, and method of advertising. 25 . 7 . 2.4. 7 A description of the hazards , if any, of fire, explosion and other dangers to the health, safety and welfare of employees and the gene- ral public. 25. 7 . 2.4. 8 A description of emergency procedures to be followed in case of a reported failure or accident involving the proposed facility. Such outline shall include actions , if any, required of public officials , including fire and police officials , and the names and tele- phone numbers of appropriate company officials to notify if an accident or failure should occur. 25. 7 . 2.4. 9 A description of the method or procedures to be employed to avoid or minimize the impacts on irrigated agricultural land. 25. 7 . 2 .4. 10 A discussion of how the proposal conforms with the guidelines of the Weld County Comprehen- sive Plan. 25. 7 . 2 .4. 11 A discussion of the proposal for maintenance of the facility so as to prevent dust , soil erosion, and the growth of NOXIOUS WEEDS. 25. 7 . 2.4. 12 A drainage report outlining the method of pre- venting surface runoff from exceeding the historical flow. 25. 7 . 2.4. 13 Additional information required for TRANS- MISSION LINES and Oil and Gas PIPELINES : 25 . 7 . 2. 4. 13. 1 A discussion of the feasibility of utilizing any existing utility line corridors . 20-42 944 1865933 945 1869328 BOOK RECEPTION BOOK RECEPTION c23 /- 7Y 231-78 25. 7 . 2 . 4. 13 . 2 A list of the names and addresses of the utility companies which have existing under- ground utility lines underlying the alter- native routes . 25 . 7 . 2 .4. 14 Additional information needed for POWER PLANT site proposals : 25 . 7 . 2.4. 14. 1 Detailed information concerning water require- ments to include the quality needed for the USE, proposed source, proposed storage faci- lities, proposed point of diversion, proposed treatment system, and proposed distribution system. 25. 7 . 2. 4. 14. 2 A description of the type of transportation facilities needed to service the facility. 25 . 7 . 2 .4. 14. 3 An outline of the types and numbers of opera- ting and construction equipment to be employed. 25 . 7 . 2.4. 14.4 A discussion of the proposal for providing temporary and permanent housing to accommodate the work force. The description shall outline the number, type, and location of the proposed building dwellings . 25 . 7 . 2 . 4. 14. 5 A letter from each utility company indicating their intention and ability to serve the development . 25 . 7 . 2 .4. 14. 6 A list of the names and addresses of all the local governments and special districts which would be affected by the development, and a statement of the anticipated overall impact on local governments and special district service capabilities , including : education, police protection, fire protection, water, sewer, health services and road maintenance services . 25 . 7 . 2 .4. 14. 7 A certified list of the names, addresses and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of property (the surface estate) with- in five hundred (500) feet of the property subject to the application. The source of such list shall be the records of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records , or from the records of the Weld County Cleric and Recorder. If the list was assembled from the records of the Weld County Assessor, the applicant shall certify that such list was assembled within thirty (30) days of the application submission date. 20-43 945 1867328 944 1865933 BOOK RECEPTION....... . .... BOOK RECEPTION 33oZ 3 'J 25 . 724. 14. 89 A certified list of the names and addresses of mineral owners and lessees of mineral owners on or under the parcel of land being considered. The source of such list shall be assembled from the records of the Weld County Clerk and Recorder, or from an ownership up- date from a title or abstract company or an attorney, derived from such records . 25. 7 . 2 .4. 14. 9 A discussion of the potential air and water pollution impacts which may be created by the facility along with proposed pollution control measures. This discussion should include any meteorological or climatological conditions which would cause the facility to create negative impacts on surrounding land uses . 25 . 7 . 2 .4. 14. 10A description of any routine haul routes identifying the roads and bridges involved and the weight of the loads . 25. 7 . 2 .4. 14. 11Any other information determined to be neces- sary by the Department of Planning Services of the Planning Commission or their authorized representative to ensure the protection of the health, safety and welfare of the inhabitants of Weld County. 25 . 7 . 3 Drawing Requirements for Facilities Plan Map for SUBSTATION SITES , Oil and Gas STORAGE AREAS and POWER PLANT Sites . 25 . 7 . 3 . 1 General Requirements : 25. 7 . 3. 1. 1 An adequate number of compies of these maps shall be submitted concurrently with the written application; 25. 7 . 3. 1. 2 Maps shall be delineated in drawing ink or mylar or other drafting media approved by the Department of Planning Services . The dimen- sions of the map shall be twenty-four (24) inches by thirty-six (36) inches . 25. 7 . 3. 1.3 The maps shall be prepared and certified by a land surveyor registered in the State of Colorado. 25. 7 . 3. 2 Vicinity Map. The proposed site shall be identified on the vicinity map . The vicinity map shall also identify the zone districts , subdivisions , water bodies , transportation facilities , and towns within a three (3) mile radius . 20-44 944 1865933d 3/16 BOOK 945 RECEPTION .186.7.1 ,`$• 073(�,0 5. BOOK............ RECEPTION 7. 3. 3 W Site Plan. The Site Plan shall be drawn at a ZZ scale of 1 inch equals 100 feet. This scale may be varied upon approval of the Department of Planning Services . The Site Plan shall depict the following : 25. 7. 3. 3. 1 Include the property under application as well as features within five hundred (500) feet of the parcel boundaries . 25. 7 .3.3. 2 Include a certified boundary survey of the property. Bearing and distances of all peri- meter boundary lines shall be indicated out- side the boundary line. 25 . 7.3.3. 3 Show the existing topography of the site at ten (10) feet contour intervals , as solid lines, and the proposed topography of the site at ten (10) feet contour intervals as dashed lines . 25. 7.3.3. 4 Show the name and location of all streams , including normally dry streams , ponds or other bodies of water, existing structures , roads, bridges, irrigation ditches , oil and gas wells , utility lines , landscape features , and easements . 25. 7. 3. 3. 5 Show the size and location of proposed struc- tures or associated facilities such as access drive, parking area, landscaped area, and fencing. 25. 7.3.3. 6 Include such additional information as may be required to satisfactorily explain the general characteristics of the proposed facility. 25 . 7 .3.4 Legend. The legend shall include : 25 . 7. 3. 4. 1 A certified boundary description of the pro- perty. The description shall include the total acreage of the surveyed parcel. 25. 7 .3. 4. 2 Development standards governing the location, design, construction, and operation of the proposed facility. 25. 7 .3. 4.3 Certificates : 25. 7.3. 4. 3. 1 Surveyor' s Certificate ; 25. 7 .3. 4. 3. 2 Certificate of Responsibility to be signed by the applicant ; 25 . 7 .3. 4. 3.3 Planning Commission Certificate ; 20-45 944 N1865933431-83 945 1869328 BOOK RECEPTIO ...... ... »_.... BOOK RECEPTION 25 . 7 . 3 . 4. 3 . 4 Clerk and Recorder ' s Certificate.d,3F81 25. 7 . 3 .4.4 Title, scale, and north arrow. 25 . 7 . 3.4. 5 Date, to show revision dates if applicable. 25 . 7 . 4 Drawing Requirements for Utility Line Plan Map for Electric TRANSMISSION LINES , and Oil and Gas PIPELINES. 25 . 7 . 4. 1 General Requirements . 25 . 7 . 4. 1. 1 Utility Line Plan Map shall be submitted in two stages : 25 . 7 . 4. 1. 1 . 1 Alternate Route Map Set ; and 25. 7 . 4. 1 . 1. 2 Selected Route Map Set . 25 . 7 . 4. 1. 2 An adequate number of copies of the Alternate Route Map Set shall be submitted concurrently with the written application. 25 . 7 . 4. 1 . 3 The Selected Route Map Set shall be submitted for recordation after approval of a route by the Board of County Commissioners . 25. 7 .4. 2 Alternate Route Map Set shall : 25. 7 . 4. 2. 1 Include a vicinity map which displays the location of all the alternative routes within Weld County in relation to towns , major water features , and major transportation features . The vicinity map shall be prepared at a suit- able scale on a sheet 24" X 36" in size. The vicinity map shall function as a map index for the detailed route maps shown on the U. S.G. S . Topographic Quadrangle Maps . 25 . 7 .4. 2. 2 Include a route map showing the proposed alternate routes through Weld County. The routes shall be shown on a 1 :24, 000 scale U. S.G. S. Topographic Quadrangle Map. The centerline of each of the proposed alternate routes shall be displayed on the route map . The route map shall also show the areas of irrigated and nonirrigated agricultural land use as well as future land use designations for the areas around the towns which have adopted Master Plans . In addition, the 1 : 24, 000 U. S.G. S . Topographic base map shall be updated to accurately depict any signi- ficant new man-made features within one mile of any of the proposed routes . 20-46 18 55) 3 D45 186'7328 BOOK----... RECEPTION � .l^� BOON- """ RECEPTION W 8773 25 . 7. 4. 2. 3 Include such additional information as may be required by the Board of County Commissioners or their duly authorized representative. 25. 7 . 4. 3 Selected Route Map Set shall : 25 . 7 .4. 3 . 1 Be submitted on a sheet 24" x 36" in size. 25. 7 .4. 3. 2 Be drafted in drawing ink on mylar or other drafting media approved by the Director of Planning Services . 25. 7 .4. 3. 3 Include a vicinity map at a suitable scale which displays the location of the approved route within Weld County and its relationship to towns , major water features , and major transportation features . 25. 7 .4. 3. 4 Include a detailed route map showing the approved route through Weld County. The approved route shall be displayed on a 1 : 24, 000 scale U. S . G. S . Topographic Quad- rangle. The map shall display the centerline of the approved route and all of the features depicted on the U. S .G. S. Topographic Quad- rangle within one (1) mile on each side of the approved route. The base map shall be updated to include any significant new man-made fea- tures within one (1) mile on each side of the approved route. 25. 7 . 4. 4 Legend. A legend shall be included consisting of the following items : 25. 7 .4.4. 1 Development standards governing the location, design, construction, and operation of the proposed facility. 25. 7 . 4. 4. 2 Certificates as contained in Section 25 . 7 . 3 . 4. 3 . 25 . 7 . 4.4. 3 Title, scale, and north arrow. 25. 7 . 4.4. 4 Such additional information as may be required by the Planning Commission to satisfactorily explain the general requirements of the facility as approved. 25 . 8 Standards . The Planning Commission may approve an appli- cation for site selection and construction or expansion of a MAJOR FACILITY OF A PUBLIC UTILITY only if all applicable requirements of Section 25 are met , and the applicant has shown that the application is consistent with the following standards : 20-47 1865933q 94k5 ROOK 94 RECEPTION_..vI I GC BOOK RECEPTION 186'7axssz--3 3/ 43 25 . 8. 1 Reasonable efforts have been made to avoid irrigated cropland or to minimize the impacts on such lands in those cases where avoidance is impractical . 25 .8 . 2 The facility will not have an undue adverse effect on existing and future development of the surrounding area as set forth in applic- able MASTER PLANS . 25 . 8 . 3 The design of the proposed facility mitigates negative impacts on the surrounding area to the greatest extent feasible. 25.8.4 The site shall be maintained in such a manner so as to control soil erosion, dust , and the growth of NOXIOUS WEEDS . 25. 8 . 5 The applicant has agreed to implement any reasonable measures deemed necessary by the Planning Commission to insure that the health, safety, and welfare of the inhabitants of Weld County will be protected and to mitigate or minimize any potential adverse impacts from the proposed facility. 25 . 8. 6 The proposed facility will be supplied by an adequate water supply which has been evaluated with reference to the impacts of the USE of such supply on agricultural USES . All reason- able steps have been taken by the applicant to minimize negative impacts on agricultural USES and lands . 25.8 . 7 All reasonable alternatives to the proposal have been adequately assessed and the proposed action is consistent with the best interests of the people of Weld County and represents a balanced use of resources in the affected area. 25.8 .8 It has been determined that the nature and location or expansion of a proposed POWER PLANT facility will not create an expansion of the demand for government services beyond the reasonable capacity of an impacted community or the COUNTY to provide such services . Where it is indicated that such an expansion of the demand for services will occur beyond the reasonble capacity to provide such services , the applicant must clearly show how such impacts will be mitigated prior to approval of the proposal by the County. 20-48 945 1867328 944 it:465933 BOOK............ RECEPTION....... .. .._.. p BOOK RECEPTION 8 Y 25 . 8. 90(731 . 2 It has been determined that the nature and // location or expansion of the facility will meet Colorado Department of Health and Weld County air quality standards . 25. 8 . 10 Adequate electric, gas, telephone, water, sewage, and other utilities exist or can be developed to service the site. 25.8 . 11 The nature and location for expansion of the facility will not unreasonably interfere with any significant wildlife habitat and will not unreasonbly affect any endangered wildlife species , unique natural resource, historic landmark or archaeological site within the affected area. 25. 8. 12 The applicant ' s engineer has certified that the drainage plans developed for, and to be implemented on the site, will prevent surface drainage from leaving the site which would exceed historic runoff flows . 25. 8. 13 Where a proposed power plant is to be located in an area where a sufficient housing supply is unavailable for the anticipated immigrant construction force, the applicant for the location of such a facility shall present plans showing how housing will be provided for such workers without creating major negative impacts on existing residents in the impacted communities. 26 Flood Hazard Overlay District Development Permit 26. 1 Intent. The intent of the Flood Hazard Overlay District Development Permit is to ensure that proposed BUILDING sites , DEVELOPMENTS and STRUCTURES which are to be located within the FW (Floodway) District and FP-1 and FP-2 (Flood- prone) Districts are safe from flooding. 26. 2 Applicability. No building permit or mobile home permit shall be issued nor shall any BUILDING or STRUCTURE which requires a building permit or mobile home permit be erected, constructed or SUBSTANTIALLY IMPROVED within the FW (Flood- way) District and FP-1 and FP-2 (Floodprone) Districts until a Flood Hazard Overlay District Development Permit for such a BUILDING or STRUCTURE has been approved by the Department of Planning Services. Any person filing an application for a Flood Hazard Overlay District Development Permit for a STRUCTURE or mobile home is required to comply with the procedures and application requirements listed in this 20-49 186nsl58q9/13 L 3p 945 186'7328 BOOKS944. RECEPTION a . -83 BOOK RECEPTION....... ....... ..1..,.. tc Section 25. Any person filing an application for a Flood Hazard Overlay District Development Permit which involves only the ALTERATION OR RELOCATION OF A WATERCOURSE is re- quired to comply only with the application requirements listed in Section 25. 5. 2. 26. 3 Duties of the Department of Planning Services 26.3. 1 The Department of Planning Services shall review the Flood Hazard Overlay District Development Permit application and determine if the application requirements of this Sec- tion have been met by the applicant. If the application is not complete as required the applicant shall be notified of specific deficiencies . 26.3. 2 The Department of Planning Services may for- ward copies of the complete application to any group or agency whose review and comment is deemed appropriate by the Department of Plan- ning Services. The group or agency to whom the application is referred shall review the application to determine compliance of the application with any standards of the group or agency. The failure of a group or agency to respond within ten (10) working days shall be deemed to be a favorable response to the Department of Planning Services . The reviews and comments solicited by Weld County are intended to provide the Department of Planning Services with information related to the proposed Flood Hazard Overlay District Develop- ment Permit. Weld County may consider all such reviews and comments and may solicit additional information if such information is deemed necessary. The reviews and comments submitted by a referral agency are recom- mendations to the Department of Planning Services . The authority and responsibility for making the decision to approve, approve sub- ject to conditions, or deny the Flood Hazard Overlay District Development Permit applica- tion rests with the Department of Planning Services . 26.3. 3 As soon as practicable after a decision has been reached, the Department of Planning Services shall notify the applicant of the action taken on the Flood Hazard Overlay District Development Permit. 26. 3. 4 In case of disapproval the Department of Planning Services shall notify the applicant 20-50 944 1865931 945 186'7328 BOOK RECEPTION BOOK RECEPTION „...„.....„ A3 (-go a3 1-3(a and shall specifically indicate the reasons for the decision. 26.3 . 5 In case of approval the Department of Planning Services shall affix to the appropriate build- ing permit or mobile home permit application a certification of approval of the Flood Hazard Overlay District Development Permit. This certification of approval shall include the signature of the Department of Planning Ser- vices authorized representative, a list of any conditions imposed as a part of the Flood Hazard Overlay District Development Permit approval and one copy of the information submitted by the applicant as a part of the Flood Hazard Overlay District Development Permit application. 26.4 Standards . The Department of Planning Services shall not issue a Flood Hazard Overlay District Development Permit until it has determined that all applicable standards specified in this Section have been met by the applicant. Any USE or DEVELOPMENT which results only in the ALTERATION or RELOCATION of a WATERCOURSE and does not require a build- ing permit need only meet the standards listed in Section 26.4. 9. 26. 4. 1 The applicant has met all applicable con- ditions listed in Sections 53 . 6 or 53 . 7 of this Ordinance. 26.4. 2 If a STRUCTURE is to be ELEVATED in order to meet the floodproofing requirements, the property owner shall certify that the LOWEST FLOOR is ELEVATED (for existing STRUCTURES which are being SUBSTANTIALLY IMPROVED) or will be built (for new STRUCTURES) to the level, or above, of the REGULATORY FLOOD DATUM. The certificate shall include the elevation of the ground and the existing (for SUBSTANTIALLY IMPROVED STRUC- TURES) or proposed, (for new STRUCTURES) ele- vation of the lowest floor of the STRUCTURE. The ground elevation and elevation of the LOWEST FLOOR of any existing STRUCTURE shall be cerfi- fied to be accurate by a licensed surveyor or registered professional engineer. 26.4. 3 A registered professional engineer shall certify that all STRUCTURES which are not ELEVATED in order to be FLOODPROOFED are designed so the STRUCTURE is WATERTIGHT below the elevation of the REGULATORY FLOOD DATUM and that the STRUCTURES are designed to be capable of resisting the hydrostatic and hydrodynamic forces expected at the BUILDING site during an INTERMEDIATE REGIONAL FLOOD. 20-51 BOOK 9Q`5 RECEPTION 186'7328 3f F 1 944 186593:3 _._ BOOK............ RECEPTION.,_a, 2.in The certification shall include the elevation "above Mean Sea Level of the REGULATORY FLOOD DATUM at the BUILDING site and the proposed elevation of the lowest floor of the STRUC- TURE. 26. 4. 4 A registered professional engineer shall certify that all new or replacement domestic water wells or water supply, treatment , or storage systems are designed to prevent inun- dation or infiltration of floodwater into such system by an INTERMEDIATE REGIONAL FLOOD. 26.4. 5 A registered professional engineer shall certify that all new or replacement sanitary sewer systems are designed to prevent inun- dation or infiltration of floodwater into such system and to prevent discharges from such systems into the floodwaters of an INTERME- DIATE REGIONAL FLOOD. 26.4. 6 If the proposed USE or STRUCTURE is to be located in the FW (Floodway) District , a registered professional engineer shall certify that the proposed USE or STRUCTURE, when built , will not cause any increase in flood- water levels during an INTERMEDIATE REGIONAL FLOOD. 26.4. 7 If the proposed USE or STRUCTURE is to be located in the FW (Floodway) District, a registered professional engineer shall certify that the proposed USE or STRUCTURE, when built , will not limit or restrict the flow capacity of the floodway. 26. 4. 8 If FILL material is to be used in the FP-1 or FP-2 (Floodprone) Districts , a registered professional engineer shall certify that the FILL material is designed to withstand the erosional forces associated with an INTER- MEDIATE REGIONAL FLOOD. 26.4. 9 Any USE or DEVELOPMENT which causes or results in an ALTERATION OR RELOCATION OF A WATER COURSE shall comply with the requirements listed below. If the USE or DEVELOPMENT does not include any new construction or SUBSTAN- TIAL IMPROVEMENT of STRUCTURES and it only includes the ALTERATION OR RELOCATION of a WATERCOURSE, compliance with the following standards is the only requirement which needs to be met before the Department of Planning Services may issue a Flood Hazard Overlay District Development Permit. The applicant shall provide evidence that : 20-52 944 1865933;3/-$8 BOOK45 . RECEPTION 186'7328' BOOK RECEPTION„'f3/_if�f 26.4. 9 . 1 w Municipalities within a three mile radius of the proposed ALTERATION OR RELOCATION have been notified in writing of the proposed ALTERATION OR RELOCATION. 26.4. 9 . 2 The Colorado Water Conservation Board has been notified in writing of the proposed ALTERATION OR RELOCATION. 26 . 4. 9. 3 The office of Insurance and Mitigation of the Federal Emergency Management Agency has been notified in writing of the proposed ALTERATION OR RELOCATION. 26.4. 9 . 4 A registered professional engineer shall certify that the flood carrying capacity within the ALTERED OR RELOCATED portion of the WATERCOURSE will remain the same after the ALTERATION OR RELOCATION as existed prior to the ALTERATION OR RELOCATION. The certi- fication shall also provide evidence which substantiates that the ALTERATION OR RELO- CATION shall not adversely affect landowners upstream or downstream from the ALTERATION OR RELOCATION. 26. 5 Application Requirements . Flood Hazard Overlay District Development Permit applications submitted for review shall include the following information. Applications containing less than the specified requirements shall not be accepted for review unless the applicant has submitted to and had approved by the Department of Planning Services written justification as to why a particular requirement does not pertain to the proposed development. 26. 5. 1 The applicant shall provide a map which ac- curately displays the following information. 26. 5.1. 1 The name and address of the property owner. 26. 5.1. 2 A legal description which describes the Sec- tion, Township and Range of the property. 26. 5 .1. 3 Scale and north arrow. 26. 5 . 1. 4 Existing ground elevations, above mean sea level, at the building site. 26. 5.1. 5 WATER SURFACE ELEVATIONS of the INTERMEDIATE REGIONAL FLOOD at the BUILDING site. 26. 5 . 1. 6 Boundaries of the FP-1, FP-2 (Floodprone) or FW (Floodway) Districts on the property. The boundary of the FW (Floodway) District need be shown only if the information is available on the Official Weld County Flood Hazard Overlay District Zoning Maps. 20-53 944 1FS1�5933 _ �q 945 1867328 a3� BOOK....._... RECEPTION BOOK............ RECEPTION .?,3/-8'p 26. 5. 1. 7 A plot plan which shows the location, shape, exterior dimensions and distance from LOT or property lines of each proposed STRUCTURE. 26. 5 . 1. 8 Proposed vehicular access to the property. 26. 5. 1. 9 Any other relevant information which may be required by the Department of Planning Ser- vices . 26. 5. 2 If an application does not include the con- struction or SUBSTANTIAL IMPROVEMENT of any STRUCTURES but it does include the ALTERATION OR RELOCATION OF A WATERCOURSE the applicant need only substantiate that the standards specified in Section 25.4. 9 have been met. 27 Geologic Hazard Overlay District Development Permit 27. 1 Intent. The intent of the Geologic Hazard Overlay District Delve opment Permit is to ensure that any proposed BUILDING, DEVELOPMENT, STRUCTURE and USE which is to be located within the Geologic Hazard Overlay District and is subject to the requirements of said District contained in Section 52 of this Ordinance are safe from GEOLOGIC HAZARDS . A Geologic Hazard Overlay District Development Permit shall not be re- quired if any proposed BUILDING, STRUCTURE and USE and its ACCESSORY USES are allowed by right within the UNDERLYING ZONING DISTRICT. Any person applying for a Use by Special Review, major facility of a public utility, change of zone, subdivision of land including Recorded Exemptions , and Planned Unit Developments within the Geologic Hazard Overlay District shall apply for and obtain a Geologic Hazard Over- lay District Development Permit before any of these appli- cations are considered finally approved by the Board of County Commissioners. 27. 2 Adoption and Amendment of the Official Geologic Hazard Overlay District Map. 27. 2. 1 When adopting or amending the Official Geo- logic Hazard Overlay District Map, the ap- plicable procedures in Section 21 of this Ordinance shall apply. 27. 3 Duties of the Department of Planning Services. 27. 3. 1 The Department of Planning Services shall review the Geologic Hazard Overlay District Development Permit application and determine if the application requirements of this Sec- tion have been met by the applicant. If the application is not complete as required, the applicant shall be notified of specific de- ficiencies . 20-54 18E;593:; 1867329 BOOK94 RECEPTION BOOK99 5 RECEPTION a31-90 -31-90 27 . 3 . 2 The Department of Planning Services shall notify in writing the Colorado Geological Survey of the proposed development and may also forward copies of the complete appli- cation to any other group or agency whose review and comment is deemed appropriate by the Department of Planning Services. The group or agency to whom the application is referred shall review the application to determine compliance of the application with any standards of the group or agency. The failure of a group or agency to respond within ten (10) working days shall be deemed to be a favorable response to the Department of Planning Services . The reviews and comments solicited by Weld County are intended to provide the Department of Planning Services with information related to the proposed Geologic Hazard Overlay District Development Permit. Weld County may consider all such reviews and comments and may solicit addi- tional information if such information is deemed necessary. The reviews and comments submitted by a referral agency are recom- mendations to the Department of Planning Services . The authority and responsibility for making the decision to approve, approve subject to conditions , or deny the Geologic Hazard Overlay District Development Permit application rests with the Department of Planning Services . 27 . 3. 3 As soon as practicable after a decision has been reached, the Department of Planning Services shall notify the applicant in writing of the action taken on the Geologic Hazard Overlay District Development Permit. 27 . 3. 4 In case of disapproval the Department of Planning Services shall notify the applicant and shall specifically indicate the reasons for the decision. 27 . 3 . 5 In case of approval the Department of Planning Services shall affix to the application a certification of approval of the Geologic Hazard Overlay District Development Permit. This certification of approval shall include the signature of the Department of Planning Services authorized representative, a list of any conditions imposed as a part of the Geo- logic Hazard Overlay District Development Permit approval and one copy of the informa- tion submitted by the applicant as a part of the Geologic Hazard Overlay District Develop- ment Permit application. 20-55 944 186593;3 945 1869328 BOOK RECEPTION &LI - 7 L. BOOK RECEPTION 27 . 4 Standards . The Department of Planning Services shall not issue a Geologic Hazard Overlay District Permit until it has determined that all applicable standards specified in this Section have been met by the applicant . 27.4. 1 Applicants seeking a permit to develop in a regulated GEOLOGIC HAZARD AREA must demon- strate to the Department of Planning Services through required maps and reports that all significant GEOLOGIC HAZARDS to public health and safety and to property shall be minimized by using mitigating techniques . These maps and reports shall be certified by a registered professional engineer who shall certify that the design of the proposal ensures the pro- tection of human life and property from the adverse impacts of GEOLOGIC HAZARDS to the greatest extent possible. 27 .4. 2 Any construction approved by the Department of Planning Services within a regulated GEOLOGIC HAZARD AREA shall be supervised by a qualified professional engineer. Engineering techniques to mitigate GEOLOGIC HAZARD conditions at the site shall be employed. 27 . 4. 3 Qualifications of Investigators . All geologic maps and reports required by these regulations shall be prepared by or under the direction of, and shall be, signed by a professional geologist as defined by Section 34-1-201, et. seq. , Colorado Revised Statutes 1973 . All engineering work required by these regulations shall be prepared by or under the direction of a registered professional engineer as defined in Section 12-25-101, et . seq. , Colorado Revised Statutes 1973 . 27. 4.4 Exemptions . These regulations shall not apply to land uses which do not involve any of the following : 27 .4.4. 1 Human habitation. 27 . 4.4. 2 Concentration of people. 27 .4.4. 3 Potential hazards to human life or property. 27 . 5 Application Requirements. Geologic Hazard Overlay District Development Permit applications submitted for review shall include the following information. Applications containing less than the specified requirements shall not be accepted for review unless the applicant has submitted to and had ap- proved by the Department of Planning Services written justi- fication as to why a particular requirement does not pertain to the proposed development. 20-56 944 1865933 945 1867329 BOOK RECEPTION BOOK_......»., 023 - 9a ? 31401 27 . 5. 1 A map portraying the geologic conditions of the area with particular attention given to the specific regulated GEOLOGIC HAZARDS . The map shall be delineated in drawing ink on mylar or other drafting medium approved by the Department of Planning Services . The dimen- sions of the map shall be twenty-four (24) inches by thirty-six (36) inches . The map shall be prepared at a 1" = 100 ' scale and shall include the parcel in question, as well as features within 500 feet of the parcel boundaries. The scale of the map may be re- duced or enlarged upon approval of the Depart- ment of Planning Services . Such map shall also include : 27 . 5. 1. 1 A certified boundary survey of the property for which application is made. Bearings and distances of all perimeter boundary lines shall be indicated outside the boundary lines . 27 . 5. 1. 2 The topography of the area at ten (10) foot contour intervals or at intervals as deter- mined by the Board of County Commissioners or its authorized representative. 27 . 5. 1. 3 Existing STRUCTURES and LANDSCAPE features , including the name and location of all WATER- COURSES , ponds , and other bodies of water. 27 . 5. 1.4 Proposed BUILDING locations and arrangements . 27 . 5. 1. 5 The legend shall include a complete and ac- curate legal description as prescribed by the DEVELOPMENT permit application form. The description shall include the total acreage of the surveyed parcel. 27 . 5 . 1 . 6 Certificates. (1) Engineer' s Certificate; (2) Surveyor' s Certificate. 27 . 5. 1 . 7 Title, scale and north arrow. 27 . 5 . 1 . 8 Date, including revisions dates if applicable. 27 . 5. 1. 9 Such additional information as may be required by the Board of County Commissioners . 27 . 5. 2 A geologic report explaining the above maps with particular emphasis on evaluating and predicting the impact of such geologic con- ditions on the proposed land USE changes and 20-57 944 186593:3 945 1867328 BOOK..._.. RECEPTION BOOK RECEPTION 427/1.3 493/ .- 1-3 DEVELOPMENTS . The report shall also include recommended mitigating procedures to be em- ployed in meeting the intent and purposes of this regulation. Specific requirements of such report are listed below. 27 . 5 . 2. 1 GROUND SUBSIDENCE AREAS . Applications for DEVELOPMENT in GROUND SUBSIDENCE AREAS shall include, but not be limited to, the following information or data, where applicable. 27 . 5 . 2 . 1 . 1 Amount of material removed or materials sub- ject to volume decrease. 27 . 5. 2. 1. 2 Interval between the ground surface and the location of void space or materials subject to volume decrease. 27 . 5. 2. 1 . 3 In poorly consolidated aquifers , the effect of pore fluid withdrawal. 27 . 5. 2. 1 .4 In wind deposited silt (loess) areas , and areas of predominantly fine-grained colluvial soils , the amount of wetting the area is sub- ject to and its effect. 27 . 5. 2. 1. 5 In areas of soluble materials , the effect of wetting. 27 . 5. 2. 1. 6 In areas of underground mining, data regarding air shafts , haulage ways , adits , faults , rooms and pillars , and final mine maps . 27 . 5 . 2. 1. 7 BUILDING type and proportion. 27 . 5 . 2. 1. 8 Pertinent geologic and hydrologic factors of the area. 27. 5 . 2. 1 . 9 Test hole and well log data. 27. 5 . 2. 1. 10 Mitigation techniques that will be employed, including effectiveness and estimated cost of such techniques. 27 . 5. 2. 1. 11 Pertinent historic factors including, but not limited to, past occurences of GROUND SUBSI- DENCE in the area proposed for DEVELOPMENT. 28 Procedures and Requirements of the PUD District 28. 1 Intent. This Section establishes the review and application procedures and requirements for a change of zone to a PUD District and for a PUD Plan. All proposed amendments and minor modifications to an approved PUD Plan shall be subject 20-58 9441865933 ��S 1867328 BOOK RECEPTION ate?/-9li BOOK ... RECEPTION ......, a,3I-7y to the procedures stated in this Section. When applicable, the supplemental procedures of this Section shall also apply. All applications for the PUD District shall comply with the provisions in Section 35 . The PUD District shall be subject to the requirements contained in Section 40, Supplementary District Regulations , and Section 50, Overlay Districts. 28 . 2 Duties of the Department of Planning Services. The Depart- ment of Planning Services shall be responsible for proces- sing all applications for a change of zone to a PUD District and for a PUD Plan. The Department shall have the respon- sibility to ensure that all application procedures and requirements are met prior to any official action. The duties of the Department shall be: 28 . 2. 1 Preapplication Conference. A PUD Sketch Plan shall be submitted prior to a submittal of a PUD District change of zone application. The Department may take up to thirty (30) days for its review of the PUD Sketch Plan. After its review, the Department of Planning Services shall arrange a preapplication conference between the applicant and the Department. The conference' s purpose shall be to acquaint the Department with the proposed PUD and to familiarize the applicant with the change of zone to a PUD District and the PUD Plan procedures . The Department shall bring to the applicant ' s attention any particular problems with the proposed PUD application of which it is aware. 28 . 2 . 2 PUD Rezoning Application. Upon determining that the change of zone to a PUD District application meets the submittal requirements of Section 28 . 5. 2 , the Department of Planning Services shall institute the change of zone procedures in Section 21 . 4 of this Ordinance. 28. 2. 3 PUD Plan. The Department of Planning Services shall ensure that a proposed PUD Plan is located within a PUD District or is within an area subject to a concurrent application for a change of zone to a PUD District . Upon deter- mining that the applicant has met the PUD Plan submittal requirements in Section 28. 5 .3, the Department shall institute the applicable procedures under Section 21. 4 of this Ordi- nance. 20-59 944 186593:3 945 1867328 BOOK RECEPTION &..c I_ 93 BOOK....... RECEPTION .. c23/- ss- 28. 3 Duties of the Planning Commission. The Planning Commission shall hold a public hearing to consider an application for a change of zone to a PUD District or an application for a PUD Plan. 28. 3 . 1 Change of Zone to a PUD District. 28 . 3. 1. 1 The Planning Commission shall hold a hearing to consider the application for the change of zone to a PUD District. The public hearing may involve either the rezoning application alone or may include the review of a concur- rent application for a PUD Plan within the proposed PUD District . The Supplementary District Regulations, Section 40, and the Overlay Districts, Section 50 when applicable, may also be reviewed concurrently. The Plan- ning Commission shall provide recommendations to the Board of County Commissioners concern- ing the disposition of the requested change. Such recommendations shall be made within sixty (60) days of the initial hearing date . The Planning Coumiission shall recommend ap- proval of the request for the change of zone to a PUD District unless it finds that the applicant has not met one or more of the applicable requirements or conditions of Sections 28 . 3 . 1 . 1, 28. 5 and 28. 6. The ap- plicant has the burden of proof to show that the standards and conditions of Sections 28 . 3 . 1 . 1, 28. 5 and 28 . 6 are met . The appli- cant shall demonstrate : 28. 3 . 1 . 1. 1 That the proposal is consistent with the Weld County Comprehensive Plan. 28. 3 . 1. 1 . 2 That the USES which would be allowed in the proposed PUD District shall be consistent with the Performance Standards of the PUD District contained in Section 35 . 3 of this Ordinance. 28. 3 . 1. 1. 3 That the USES which would be permitted shall be compatible with the existing or future DEVELOPMENT of the surrounding area as per- mitted by the existing zoning, and with the future DEVELOPMENT as projected by the COMPRE- HENSIVE PLAN or MASTER PLANS of affected municipalities . 28. 3. 1 . 1.4 That adequate water and sewer service will be made available to the site to serve the USES permitted within the proposed PUD District ; 20-60 1865933g zz 945 1867328 BOON RECEPTION...... ... -.. ._.{�J -9� BOOK RECEPTION 28. 3. 1. 1. 5 That STREET or highway facilities providing access to the property are adequate in size to meet the requirements of the proposed zone district . In the event that the STREET or highway facilities are not properly sized and are planned to be properly sized in the future, in conformance with the Weld County Thorough- fare Plan or in conformance with the MASTER PLANS of affected municipalities , the appli- cant may either wait to secure the rezoning until the improvements are made by the appro- priate unit of government or the applicant may express a willingness to upgrade the STREET or highway facilities at his own expense in order to expedite approval of the requested change of zone. In the latter event, it will be necessary for the applicant to either con- struct the necessary improvements before the building permits are issued, or submit suit- able performance guarantees to Weld County to ensure construction of the required STREET or highway facility improvements . 28 . 3. 1. 1. 6 That there has been compliance with the appli- cable requirements contained in Section 21. 5 . 1 . 5 of this Ordinance . 28 . 3 . 1 . 2 The Secretary of the Planning Commission shall forward the official recommendation of the Planning Commission and the information con- tained in the official record, which includes the Department of Planning Services case file, to the Board of County Commissioners within ten (10) days after said recommendation has been made. 28. 3 . 1. 3 If the Planning Commission recommendation is conditional upon the applicant completing certain specified items prior to the publi- cation of the notice for the hearing by the Board of County Commissioners , then the ten (10) day period shall commence upon submission of the items by the applicant to the Depart- ment of Planning Services . 28. 3. 2 PUD Plan 28. 3. 2. 1 The Planning Commission shall hold a public hearing to consider a PUD Plan application. The Planning Commission may review a PUD Plan concurrently with applications for a change of zone to a PUD District ; for any Overlay Dis- trict Permit ; or for a Supplemental District 20-61 944 1865933 945 186932 BOOK RECEPTION 0731 - Y7 BOOK......._._ RECEPTION ,37-11? Regulation. If a PUD Plan is applied for concurrently with a PUD District application in which the PUD Plan is to be located, the Planning Commission shall review the PUD District application prior to the PUD Plan application. The Planning Commission shall provide recommendations to the Board of County Commissioners concerning the disposition of the requested PUD Plan. Such recommendations shall be made within sixty (60) days of the initial hearing date. The Planning Commission shall recommend approval of the request for the PUD Plan unless it finds that the appli- cant has not met one or more of the applicable requirements or conditions of Sections 28 . 3 . 2. 1 , 28. 5 and 28 . 6. The applicant has the burden of proof to show that the standards and condi- tions of Sections 28 . 3. 2 , 28 . 5 and 28 . 6 are met. The applicant shall demonstrate : 28 . 3 . 2. 1 . 1 That the proposal is consistent with the Weld County Comprehensive Plan. 28. 3. 2. 1 . 2 That the proposed PUD Plan conforms to the PUD District in which it is proposed to be lo- cated. 28. 3 . 2. 1. 3 That the USES, BUILDINGS , and STRUCTURES which would be permitted shall be compatible with the existing or future DEVELOPMENT of the surrounding area as permitted by the existing zoning, and with the future DEVELOPMENT as projected by the COMPREHENSIVE PLAN or MASTER PLANS of affected municipalities . 28. 3. 2. 1 .4 That there has been conformance with the Performance Standards outlined in Section 35 . 3. 28. 3 . 2. 1. 5 That there has been compliance with the Weld County Zoning Ordinance, Section 50, Overlay Districts if the proposal is located within any Overlay District Area identified by maps officially adopted by Weld County. 28.3 . 2 . 1 . 6 That there has been compliance with the sub- mittal requirements of the PUD Plan, and that the PUD Plat and the Supporting Documents satisfy the legitimate concerns of the Plan- ning Commission. 28. 3 . 2. 2 The Secretary of the Planning Commission shall forward the official recommendation of the Planning Commission and the information contained 20-62 945 1867326 944 1865933 BOOK RECEPTION BOOK RECEPTION �3 ;-Q5 1 3 it sq8' in the official record, which includes the Department of Planning Services case file, to the Clerk to the Board of County Commissioners within ten (10) days after said recommendation has been made. 28 . 3. 2.3 If the Planning Commission recommendation is conditional upon the applicant completing certain specified items prior to the publi- cation of the notice for the hearing by the Board of County Commissioners , then the ten (10) day period shall commence upon submission of the items by the applicant to the Depart- ment of Planning Services . 28. 4 Duties of the Office of the Board of County Commissioners . The Board of County Commissioners shall hold a public hear- ing to consider an application for a change of zone to a PUD District or an application for a PUD Plan. The Board shall not approve any PUD application without written consent of the landowners whose properties are included within the proposed PUD District . 28. 4. 1 Change of Zone to a PUD District 28.4. 1. 1 Upon receipt of the Planning Commission recommendation, the Office of the Board of County Commissioners shall institute the procedures contained in Section 21 . 6. 1 of this Ordinance. 28 . 4. 1. 2 The Board of County Commissioners shall hold a public hearing to consider the application and to take final action thereon. The Board shall make a decision on the application within sixty (60) days of the initial hearing date. In making a decision on the proposed change of zone, the Board shall consider the recommendation of the Planning Commission, and from the facts presented at the public hearing and the information contained in the official record, which includes the Department of Planning Services case file, the Board of County Commissioners shall approve the request for the change of zone to a PUD District unless it finds that the applicant has not met one or more of the applicable requirements or conditions of Sections 28 . 4. 1. 2 , 28 . 5 and 28 . 6. The applicant has the burden of proof to show that the standards and conditions of Sections 28 .4. 1 . 2, 28. 5 and 28 . 6 are met . The applicant shall demonstrate: 28.4. 1. 2. 1 That the proposal is consistent with the Weld County Comprehensive Plan. 20-63 944 1865933 945 1867328 BOOK RECEPTION_.........._..»...»» ni BOOK....... RECEPTION 28. 4. 1. 2. 2 That the USES which would be allowed on the subject property will conform to the Perfor- mance Standards of the PUD District contained in Section 35.3 of this Ordinance. 28.4. 1. 2. 3 That the USES which would be permitted shall be compatible with the existing or future DEVELOPMENT of the surrounding area as per- mitted by the existing zoning, and with the future DEVELOPMENT as projected by the COM- PREHENSIVE PLAN or MASTER PLANS of affected municipalities . 28.4. 1. 2. 4 That adequate water and sewer service will be made available to the site to serve the USES permitted within the proposed zone district . 28. 4. 1. 2. 5 That STREET or highway facilities providing access to the property are adequate in size to meet the requirements of the proposed zone district. In the event that the STREET or highway facilities are not properly sized and are planned to be properly sized in the fu- ture, in conformance with the Weld County Thoroughfare Plan or in conformance with the MASTER PLANS of affected municipalities, the applicant may either wait to secure the re- zoning until the improvements are made by the appropriate unit of government or the appli- cant may express a willingness to upgrade the STREET or highway facilities at his own ex- pense in order to expedite approval of the requested change of zone. In the latter event , it will be necessary for the applicant to either construct the necessary improvements before the building permits are issued, or submit suitable performance guarantees to Weld County to ensure construction of the required STREET or highway facility improvements . 28. 4. 1. 2. 6 That there has been compliance with the ap- plicable requirements contained in Section 21. 6. 2. 5 of this Ordinance. 28.4. 1.3 Upon the BOARD making its final decision, a resolution setting forth that decision shall be drafted and signed. A record of such action and a copy of the resolution will be kept in the files of the Clerk to the Board. 20-64 945 944 186593:3,43/-AOO BOO ....... RECEPTION 18fi'7 `� BOOK RECEPTION....... _ rgr IN 28 .4. 1.4 The Board shall arrange for the Office of the Weld County Clerk and Recorder to record the resolution and, if the proposed change of zone to a PUD District is approved, the rezoning plat. 28.4. 1. 5 The change of zone to a PUD District shall be immediate upon the voting by the Board. How- ever, no building permits shall be issued and no DEVELOPMENT started within a PUD District until a PUD Plan is adopted and recorded for that part of a PUD District which is to be developed. 28 . 4. 2 PUD PLAN 28. 4. 2. 1 After receipt of the Planning Commission recommendation, the Office of the Board of County Commissioners shall : 28. 4. 2. 1. 1 Set a Board of County Commissioners ' public hearing to take place not less than thirty (30) days and not more than sixty (60) days after receipt of the Planning Commission recommendation, for consideration of the proposed PUD Plan. 28 .4. 2. 1. 2 Arrange for legal notice of said hearing to be published once in the newspaper designated by the Board of County Commissioners for publi- cation 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 thirty (30) days prior to the hearing. 28. 4. 2. 1 . 3 Arrange for the applicant to post a sign on the property under consideration for the PUD Plan according to the requirements of Section 21 .4. 2. 5. 28.4. 2. 1 . 4 Give notice of the proposed PUD Plan 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 notifi- cation shall be mailed, first class , not less than ten (10) days before the scheduled public hearing. Such notice is not required by 20-65 944 1865333 945 1867328 BOOK RECEPTION .. ..w BOOK......_.... RECEPTION aW%-io I _.•••• /-lot Colorado State Statute and is provided as a courtesy to surrounding property owners (the surface estate. ) 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 to receive such notification. 28. 4. 2. 1. 5 Give notice of the proposed PUD Plan 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. Such notice is not required by Colorado 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 to receive such notification. 28 . 4. 2. 1. 6 The Board of County Commissioners shall hold a public hearing to consider the application and to take final action thereon. The Board shall make a decision on the application within sixty (60) days of the initial hearing date. In making a decision on the proposed PUD Plan, the Board shall consider the recom- mendation of the Planning Commission, and from the facts presented at the public hearing and the information contained in the official record, which includes the Department of Planning Services case file, the Board of County Commissioners shall approve the request for the PUD Plan unless it finds that the applicant has not met one or more of the applicable requirements or conditions of Sections 28 .4. 2 . 1 , 6, 28 . 5 and 28 . 6. The applicant has the burden of proof to show that the standards and conditions of Sections 28. 4. 2. 1 . 6, 28. 5 and 28 . 6 are met . The ap- plicant shall demonstrate : 28 . 4. 2. 1. 6. 1 That the proposal is consistent with the Weld County Comprehensive Plan. 28. 4. 2 . 1. 6. 2 That the proposed PUD Plan conforms to the PUD District in which it is proposed to be located. 20-66 944 1865933 945 186938 BOOK....... RECEPTION ..........y BOOK....... RECEPTION a3/-/Oa a31-01 28.4. 2. 1. 6. 3 That the USES, BUILDINGS , and STRUCTURES which would be permitted shall be compatible with the existing or future DEVELOPMENT of the surrounding area as permitted by the existing zoning, and with the future DEVELOPMENT as projected by the COMPREHENSIVE PLAN or MASTER PLANS of affected municipalities . 28.4. 2. 1 . 6.4 That there has been conformance with the Performance Standards outlined in Section 35. 3. 28 . 4. 2. 1. 6. 5 That there has been compliance with the Weld County Zoning Ordinance, Section 50, Overlay Districts if the proposal is located within any Overlay District identified by maps offi- cially adopted by Weld County. 28.4. 2. 1. 6. 6 That there has been compliance with the sub- mittal requirements of the PUD Plan, and that the PUD Plat and the Supporting Documents satisfy the legitimate concerns of the Board. 28.4. 2. 2 After the Board of County Commissioners makes its final decision, a resolution setting forth the Board' s decision shall be drafted and signed. A record of such action and a copy of the resolution shall be kept in the files of the Clerk to the Board. 28. 4. 2. 3 The Board shall arrange for the Office of the Weld County Clerk and Recorder to record the resolution and the proposed PUD Plan if it is approved. No building permit shall be issued until the PUD Plan has been recorded. 28. 5 PUD (PLANNED UNIT DEVELOPMENT) APPLICATION REQUIREMENTS. The purpose of the application is to give the applicant an opportunity to demonstrate through written and graphic information how the proposed change of zone to a PUD Dis- trict and any subsequent PUD Plan complies with the stan- dards of this zoning ordinance. Any number of units or acres may constitute a PUD for the purpose of determining eligibility in the submission of a PUD District application. The applicant shall submit the required information as stated in this Section. 28. 5. 1 Preapplication Conference. Any person wanting to apply for a change of zone to a PUD Dis- trict shall arrange for a preapplication conference with the Department of Planning Services . Before this conference is held, the applicant shall submit to the Department of Planning Services a PUD Sketch Plan. The Sketch Plan shall include : 20-67 944 1865933 ty 1867328 BOOK RECEPTION „a3/ /U-3B� ----•• RECEPTION c23/46.3 28. 5. 1. 1 PUD Sketch Map. This map shall clearly show existing and proposed major vehicular and pedestrian circulation, geologic hazards and floodplains , the proposed location and extent of COMMON OPEN SPACE and public sites , general location of utility easements , description of proposed land USES by tract , and if construc- tion of BUILDINGS or STRUCTURES is proposed, an indication of density and building types , with approximate location of major buildings . The sketch map shall also include the total acreage, North arrow, name of the PUD, legal description and scale of one (1) inch equals one-hundred (100) feet (1" = 100 ' ) . Depending on the PUD' s size, this scale may vary pro- viding the plans and designs are clearly legible. 28. 5 . 1. 2 Sketch Plan Vicinity Map. This map is in- tended to show the proposed PUD District ' s boundaries in relationship to the surrounding property within one-half (z) mile of the proposed PUD District ' s boundaries . It shall also show major streets and public facilities and existing zone districts and USES. The vicinity map shall include a title, north arrow; and a scale not smaller than one (1) inch equals six hundred (600) feet (1" = 600 ' ) . It may be located on the PUD Sketch Map or presented as a separate map. 28. 5. 1. 3 Supporting Information. The applicant shall provide information such as the type and description of water, sewer, and storm drain- age systems proposed. Any additional infor- mation the Department of Planning Services considers appropriate shall also be supplied. 28. 5. 2 Change of Zone to a PUD District . 28. 5. 2. 1 The following information shall be submitted on an application form which may be obtained from the Office of the Department of Planning Services : 28 . 5. 2. 1. 1 Name, address , and telephone number of the applicant. 28 . 5. 2. 1. 2 Name and address of the fee owners of the property proposed for the change of zone if different from above. 28. 5. 2. 1 . 3 Legal description of the property under con- sideration as determined from a certified boundary survey . 20-68 945 1867328 BOOK 944 RECEPTION 1865933 BOOK — RECEPTION 0231-10? 023%le, 28. 5. 2. 1.4 fotal acreage of the parcel under conside- ration. 28. 5. 2. 1 . 5 Address of the parcel, if available. 28 . 5 . 2. 1. 6 Present zone and if appropriate, overlay zones. 28. 5. 2. 1 . 7 Signatures of the applicant and fee owners or their authorized legal agent . 28. 5 . 2 . 1 . 8 A certified list of the names, addresses and the corresponding Parcel Identification Num- ber assigned by the Weld 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 Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records, or from the records of the Weld County Clerk and Recorder. If the list was assembled from the records of the Weld County Assessor, the applicant shall certify that such list was assembled within thirty (30) days of the application submission date. 28. 5 . 2. 1. 9 A certified list of the names and addresses of mineral owners and lessees of mineral owners on or under the parcel of land being considered. The source of such list shall be assembled from the records of the Weld County Clerk and Recorder, or from an ownership update from a title or abstract company or an attorney, derived from such records . 28. 5. 2. 1. 10 Such additional information as may be required by the Planning Commission or the Board of County Commissioners in order to determine that the application meets the standards and policies set forth in this Ordinance and the Weld County Comprehensive Plan. 28 . 5. 2. 2 A vicinity and land USE map of the area shall be submitted as part of the General Applica- tion. This map shall be drawn to the follow- ing specifications : 28. 5 . 2. 2. 1 The map shall be delineated on reproducible material approved by the Department of Plan- ning Services . 20-69 944 186593;; 945 1869328 BOOK RECEPTION_..,. , .3/- 163 BOOK......._... RECEPTION 01 ' 'jj" /dr 28. 5. 2 . 2. 2 The dimensions of the land USE map shall be thirty-six (36) inches wide by twenty-four (24) inches high and prepared at a scale of one (1) inch equals one-hundred (100) feet or at other suitable scale when approved by the Department of Planning Services . The vicinity map shall be drawn at a suitable scale on the land USE map . 28. 5 . 2 . 2 . 3 The following information, when applicable, shall be shown: 28. 5. 2. 2. 3 . 1 Outline of the perimeter of the parcel pro- posed for the change of zone to a PUD Dis- trict. 28. 5 . 2 . 2. 3. 2 Title, scale, north arrow. 28. 5. 2. 2. 3. 3 Ditches on or within two hundred (200) feet of the property. 28. 5. 2 . 2. 3. 4 Location of rivers and other drainage systems on or within two hundred (200) feet of the property. 28. 5. 2. 2. 3. 5 Location of easements , rights-of-ways , and other similar interest of record on the parcel and within 50 feet of the parcel . 28. 5. 2. 2. 3 . 6 Location of all existing utilities (elec- tricity, gas , water, and sewer) on the parcel as well as within 50 feet of the parcel . 28. 5. 2. 2.3. 7 FLOOD HAZARD AREAS on the property. 28. 5. 2. 2. 3 . 8 Areas of GEOLOGIC HAZARD on the property. 28. 5 . 2. 2. 3. 9 Mineral resource areas on the property. 28. 5. 2. 2. 3. 10 Areas of moderate or severe soil limitations as defined by the Soil Conservation Service or by a soil survey and study prepared by a soils engineer or soil scientist for the USES and associated STRUCTURES proposed within the PUD District. 28 . 5 . 2 . 2. 3. 11 Other information as may be reasonably re- quired by the Department of Planning Services in order to determine that the application meets the standards and policies set forth in this Ordinance and the Weld County Compre- hensive Plan. 20-70 1865933 945 1867328 BOOK944. RECEPTION �r3/-J0& BOOK RECEPTION ,,/y 28 . 5. 2. 3 A PUD Rezoning Plat shall be submitted as a part of the PUD District application. This map shall be drawn to the following specifica- tions : 28 . 5. 2. 3 . 1 The map shall be delineated in drawing ink on mylar or other material acceptable to the Department of Planning Services . 28. 5. 2 . 3. 2 The dimensions of the map shall be thirty-six (36) inches wide by twenty-four (24) inches high and prepared at a scale of one (1) inch equals one-hundred (100) feet or at other suitable scale when approved by the Department of Planning Services . 28 . 5. 2. 3. 3 The following information shall be shown: 28. 5. 2 . 3. 3. 1 Certified boundary and tract survey of the parcel under consideration, showing all bear- ings and distances outside the perimeter boundary lines or along tract boundary lines . The closure error of the survey may not exceed 1 : 5, 000. 28 . 5. 2.3. 3 . 2 Legal description, including total area in- volved, as certified by the surveyor. 28. 5. 2. 3 . 3. 3 Title, scale, and north arrow. 28 . 5. 2. 3. 3 .4 Date of drawing. 28. 5. 2. 3. 3. 5 The following certificates shall appear on the map : 28. 5. 2. 3. 3. 6 Surveyor' s certificate. 28. 5. 2. 3.3. 7 Planning Commission certificate. 28. 5. 2.3 . 3 . 8 Board of County Commissioners certificate. 28. 5. 2. 3 . 3. 9 County Clerk and Recorder signature block. 28. 5. 2. 3. 3. 10 USES shown by tract on the PUD Rezoning Plat . These USES shall be described so that there is a clear indication of the type of USE within a tract and a description of type of STRUCTURES or BUILDINGS associated with those USES. This description shall be adequate to determine density, COMMON OPEN SPACE , major vehicle and pedestrian corridors , water and sewer supply, and buffering or SCREENING. 20-71 944 945 1867328 BOOK RECEPTION 1865933 a /- /D7 3 BOOK............ RECEPTION / 4 1 28. 5. 2. 3.4 Adequate space shall be provided on ,h re- zoning plat for the addition of the zoning case number and current zone classification by the Department of Planning Services . 28 . 5. 2.4 The following supporting documents shall be submitted as part of the general application: 28 . 5. 2.4. 1 Where an authorized agent signs the applica- tion for the fee owners , a letter granting power of attorney to the agent from the owners . 28 . 5. 2.4. 2 A copy of the deed or legal instrument by which the applicant obtained an interest in the property under consideration. 28. 5. 2 .4. 3 A statement on how the proposed rezoning is consistent with the policies of the Weld County Comprehensive Plan. 28 . 5 . 2. 4.4 A statement which demonstrates how the USES allowed by the proposed rezoning will be compatible with the surrounding land USES within and adjacent to the PUD District. 28. 5. 2. 4. 5 Statements from water and sewer utilities which indicate that they are able to provide service for the site. 28 . 5. 2.4. 6 A soil survey and study of the site proposed for the change of zone with a statement of the suitability of soils to support all USES allowed in the proposed zone. If the soils survey and study indicates soils which present moderate or severe limitations to the con- struction of STRUCTURES or facilities on the site, the applicant shall submit information which demonstrates that the limitations can be overcome. 28. 5. 2.4. 7 If STREET or highway facilities which provide access to the property are not adequate to meet the requirements of the proposed zone district , the applicant shall supply infor- mation which demonstrates willingness and financial capability to upgrade the STREET or highway facilities in conformance with the Weld County Thoroughfare Plan and thereby meet the requirements of Section 21. 6. 2 .4 of this Ordinance. 20-72 944 945 1s��3zR BOOK RECEPTION 18G593_3 BOOK RECEPTION _ 3/-/08 7y 28. 5. 2.4. 8 If, according to maps and other information available to Weld County, the Department of Planning Services determines that there ap- pears to be a sand, gravel, or other mineral resource on or under the subject property, the applicant shall provide a mineral resource statement prepared by a certified geologist or other qualified expert . The statement shall indicate the estimated quantity of resources and indicate the economic feasibility of recovery, now and in the future, of the re- sources so that the Planning Commission and Board of County Commissioners can determine whether a COMMERCIAL MINERAL DEPOSIT, as defined in 34-1-302-1 Colorado Revised Sta- tutes , 1973 , is contained on or under the subject properties . 28. 5 . 2 .4. 9 If the proposed change of zone is located within a FLOOD HAZARD AREA, identified by maps officially adopted by Weld County, the appli- cant shall submit information which either documents how the Weld County Supplementary Regulations concerning Floodplains have been satisfied or documents how the applicant intends to meet the requirements of the Weld County Supplementary Regulations concerning Floodplains. 28. 5. 2.4. 10 If the proposed change of zone is located within a GEOLOGIC HAZARD AREA identified by maps officially adopted by Weld County, the applicant shall submit information which either documents how the Weld County Sup- plementary Regulations concerning Geologic Hazards have been satisfied, or documents how the applicant intends to meet the requirements of the Weld County Supplementary Regulations concerning Geologic Hazards . 28. 5 . 3 PUD Plan. An applicant may submit an ap- plication for a PUD Plan provided that the PUD Plan is located within an existing PUD District or a PUD District for which an ap- plication is concurrently submitted with the PUD Plan. A PUD Plan may encompass all or part of a PUD District , and shall be in conformance to that particular PUD District. A PUD Plan shall consist of a PUD Plat and Supporting Documents which the applicant shall submit as follows : 20-73 944 1865933 845 1867326 BOOK RECEPTION........... BOOK RECEPTION a3�-�bq 28. 5. 3. 1 PUD Plat. A PUD Plat shall/be prepared ac- cording to the following submission require- ments . This map shall be in drawing ink on mylar or other material acceptable to the Department of Planning Services . The dimen- sions of the map shall be thirty-six (36) inches wide by twenty-four (24) inches high, and prepared at a scale of one (1) inch equals one-hundred (100) feet (1" = 100 ') or at another suitable scale when approved by the Department of Planning Services . The follow- ing information shall be shown on the plat : 28. 5. 3. 1. 1 Title, scale, north arrow, PUD Plan appli- cation number and name, and date of drawing with adequate space allowed for revision dates . 28. 5. 3. 1, 2 Legal description including total area in- volved as certified by the surveyor, and name and address of owner of record. 28. 5 . 3. 1, 3 Outline of the proposed PUD Plan' s perimeter, and a certified boundary and tract survey of the parcel under consideration, showing all bearings and distances outside the perimeter boundary lines or along the tract boundary lines. When the parcel is bounded by an irregular shore line or a body of water, the bearings and distances of a closing meander traverse should be given and a notation made that the plat includes all land to the water ' s edge or otherwise. On curved boundaries and all curves on the plat , sufficient data shall be given to enable the re-establishment of the curves on the ground. This curve data shall include the following for circular curves : (1) radius of curve, (2) central angle, (3) tangent, (4) arc length, and (5) notation of nontangent curves . 28. 5 . 3 . 1.4 Lot area in square feet or acres if larger than one (1) acre, lot and blocks delineated and numbered consecutively, existing and proposed street layout and their names , in- cluding proposed future street layout in dashed line and existing streets in solid lines for any portion of adjacent land not subject to the current PUD Plan Application. 28. 5 . 3. 1. 5 Location and description of FLOOD and GEOLOGIC HAZARD AREAS . 20-74 944 1865933 1867328 BOOK RECEPTION......... _.._.. ._.._, BOOK945 RECEPTION -) 3/1/6 28 . 5 .3. 1. 6 Location and description of proposed SCREEN- ING, buffering, and LANDSCAPING. 28 . 5. 3 . 1 . 7 Location and description of proposed sites to be reserved or dedicated for parks , play- grounds , schools , or other public USES . 28. 5. 3 . 1. 8 Location, description, and dimensions of all proposed and existing BUILDINGS , STRUCTURES , SIGNS , lighting and advertising devices, STREETS , PARKING LOTS , COMMON OPEN SPACE, and any other DEVELOPMENT, improvement or feature within the PUD Plan' s boundary. 28. 5 . 3 . 1. 9 Location, description and dimensions of all existing and proposed utilities, easements , right-of-ways , waterways and other drainage systems , and any other significant features , as determined by the Department of Planning Services , within the PUD Plan and within two- hundred (200) feet of its boundaries . 28. 5. 3. 1 . 10 Location and description of the USES by tract which shall be identical to those located and described on the PUD District Plat . 28. 5. 3 . 1. 11 Parcels not contiguous shall not be included in one plat , nor shall more than one (1) plat be made on the same sheet. Contiguous parcels owned by different parties may be embraced in one (1) plat , provided that all owners join in the dedication and acknowledgement . 28. 5. 3. 1. 12 The following certificate blocks shall appear on the plat and shall be completed at the appropriate time. The certificates required are a surveyor' s certificate; a certificate of approval by the Planning Commission; a certi- ficate of approval by the Board of County Commissioners ; a County Clerk and Recorder signature block; and a certificate of dedica- tion, ownership and maintenance by parcel owners regarding COMMON OPEN SPACE, dedication of rights-of-way, easements , and other public property interests and maintenance thereof. 28. 5. 3. 2 Supporting Documents . The following sup- porting .ocuments shall be submitted as part of the PUD Plan application unless waived by the Department of Planning Services . 28. 5. 3. 2. 1 A certificate of title or an abstract of title covering all PUBLIC dedications . When the applicant is to dedicate land for schools , roads , parks , or other PUBLIC purposes , a 20-75 945 1867328 944 1865933 BOOK RECEPTION ... ,. BOOK..........» RECEPTION....... _. ... . 3 r_// I 3/^/// letter of intent from the appropriate PUBLIC agencies stating that the dedicated lands will be accepted. 28. 5. 3. 2 . 2 A warranty deed or other suitable document which deeds to the appropriate PUBLIC body all lands other than STREETS which are to be held for or used for PUBLIC purposes . 28 . 5. 3. 2. 3 Certificate from the County Treasurer showing no delinquent taxes . 28. 5. 3. 2.4 Certificate from a qualified engineer re- sponsible for the design of the utilities . 28. 5. 3 . 2. 5 A copy of a certificate of title issued by a title insurance company or an attorney' s opinion of the title which shall set forth the names of all owners of property included in the PUD Plan, and shall include a list of all mortgages , judgements , liens , easements , contracts , and agreements of record in Weld County which shall affect the property in the PUD Plan. If the attorney ' s opinion or cer- tificate of title discloses any of the above then at the option of the Board, the holders or owners of such mortgages , judgments , liens , easements , contracts , or agreements shall be required to join in and approve the applica- tion before the PUD Plan shall be acted upon by the Board. 28 . 5. 3. 2. 6 Copies of deed restriction, including those required by the Board of County Commissioners to govern the future use of all land in the PUD. 28. 5 . 3. 2. 7 An Improvements Agreement which shall comply with the requirements in the Official Weld County Subdivision Regulations . 28 . 5. 3. 2. 8 Illustrations of the proposed architectural style of all BUILDINGS and STRUCTURES showing layout , profile, computations and detail design including LANDSCAPING. Drawings and computations shall be prepared by a registered professional as required by the laws of the State of Colorado. They shall also be in compliance with the Official Weld County Construction Standards . 20-76 944 1865933 BOOP'15 RECEPTION 186'732& BOOK RECEPTION.......... /... a3/!0 28. 5. 3 . . 9 A statement describing how each BUILDING and STRUCTURE will be used or operated, the volume of business expected to be conducted at any commercial or industrial establishment , the hours of business of those establishments , the number of employees expected to work in any commercial or industrial establishment , the number of DWELLING UNITS in each BUILDING, number of parking spaces , and any other infor- mation which would assist in determining the USES of the BUILDINGS and STRUCTURES and the compatability of those USES within and adja- cent to the PUD. 28. 5. 3. 2. 10 A statement which describes any proposed buffering or SCREENING between USES , BUILDINGS or STRUCTURES which would not otherwise be compatible. 28. 5. 3 . 2. 11 A statement concerning the location and the intended USE of all COMMON OPEN SPACE, and a detailed description of how this COMMON OPEN SPACE shall be owned, preserved and maintained in perpetuity. 28. 5 .3. 2. 12 Where a portion of an existing easement is contiguous to a proposed easement or right-of- way in the PUD, proof of the dedication of the existing easement or right-of-way shall be submitted. 28 . 5. 3 . 2. 13 The substance of all other covenants , grants of easements or restrictions to be imposed upon the use of the land, BUILDINGS , and STRUCTURES . 28. 5.3. 2. 14 A PUD Plan construction schedule showing the approximate dates when construction of the DEVELOPMENT is proposed to start and finish. This shall describe the stages in which the DEVELOPMENT will be constructed, and the number of BUILDINGS or STRUCTURES , and the amount of COMMON OPEN SPACE to be completed at each stage. 28 . 5. 3 . 2. 15 A statement of methods of financing the Development such as estimated construction cost and proposed method of financing of the streets and related facilities , water distri- bution system, sewage collection system, flood plain protection, storm drainage facilities , and such other facilities as may be necessary. 20-77 945 1869328 944 186593. BOOK RECEPTION BOOK RECEPTION P1s / J3 s. 1_(/3 28. 5. 3 . 2. 16 A letter from each special district, muni- cipality or utility company involved, ad- dressed to the Planning Commission, stating that specific services are presently available or shall be available when the PUD DEVELOPMENT occurs . A completed Utility Easement Review Statement and a copy of a contract , or some tangible guarantee providing for adequate water and sewer service. 28. 5. 3. 2 . 17 A utility plan showing the easements for water, sewer, electric, gas , telephone, and any other applicable utility. 28. 5. 3. 2 . 18 Geologic maps and investigation reports re- garding area suitability for the proposed PUD DEVELOPMENT. 28. 5.3. 2. 19 A copy of agreements signed by agricultural irrigation ditch companies specifying the agreed upon treatment of any problems result- ing from the location of the ditch. 28. 5. 3. 2. 20 Grading and drainage plan indicated by solid line contours superimposed on dashed line contours of existing topography for the area of the Final Plat. Such contours shall be at two (2) foot intervals for predominant ground slopes within the tract between level and five percent (5%) grade and five (5) foot contours for predominant ground slopes within the tract over five percent (5%) grade. In case of predominatly level topography throughout a PUD, one (1) foot contour intervals may be required. 28. 5.3 . 2. 21 Plans , profiles and typical cross section drawings of STREETS , bridges , culverts , and other drainage STRUCTURES. These STREETS , bridges , culverts and other drainage STRUC- TURES shall be designed and constructed to meet the requirements of the Official Weld County Construction Standards and the Official Weld County Subdivision Regulations . Pavement design computations and drainage design com- putations shall also be submitted. 28. 5 . 3. 2. 22 When a proposed STREET intersects a state highway, a copy of the state highway permit shall be provided. 20-78 944 1865933 BOOK 945 944 BOOK RECEPTION ^3/ _1�(/ 01-31-7-NP oC I 28. 5. 3. 2. 23 A statement which summarizes the total area of the PUD Plan the total number BUILDINGS and STRUCTURES of a particular type expressed in units , total amount of commercial and indus- trial floor space in square feet, total of off-street parking spaces , and other infor- mation or supporting documents requested by the Department of Planning Services . 28 . 5. 3 . 2 . 24 A certified list of the names , addresses and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of property (the surface estate) with- in five hundred (500) feet of the property subject to the application. The source of such list shall be the records of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records , or from the records of the Weld County Clerk and Recorder. If the list was assembled from the records of the Weld County Assessor, the applicant shall certify that such list was assembled within thirty (30) days of the application submission date. 28 . 5. 3 . 2. 25 A certified list of the names and addresses of mineral owners and lessees of mineral owners on or under the parcel of land being considered. The source of such list shall be assembled from the records of the Weld County Clerk and Re- corder, or from an ownership update from a title or abstract company or an attorney derived from such records . 28. 6 Supplemental Procedures and Requirements . 28. 6. 1 Amendment to a PUD District . Each approved PUD District is considered unique, and the USES described by tract within a PUD District shall only be amended by applying for a change of zone to a new PUD District . These proce- dures are contained in Section 28. 5. 2 of this Ordinance. 28. 6. 2 Amendment to a PUD Plan. Any request to make a major change to an approved PUD Plan shall be processed as a new application for a PUD Plan under Section 28 . 5. 3 of this Ordinance . This may include, but not be limited to, requests for vacating all or parts of an approved PUD Plan for the purpose of major redesign or major corrections. The Department of Planning Services may waive application requirements which do not pertain to the proposed major change to the PUD Plan. 20-79 945 944 18f,5933 BOOK RECEPTION 1867328 .«..............a B0OK__._______ RECEPTION , o�3/-// 28. 6. 3 a3/1//iinor Modifications to a PUD Plan. The De- partment of Planning Services may approve minor modifications to a PUD Plan. The ap- plicant shall prove to the Department that the minor modification is required by engineering or other circumstances not foreseen during the approval of the PUD Plan. The Department shall not approve a minor modification if that modification does not conform to the PUD District. 28. 6.4 Correction to a PUD Plat . The Board of County Commissioners may, without a hearing or com- pliance with any of the submission, referral , or review requirements of the PUD Plan regu- lations , approve a correction to a PUD Plat if the sole purpose of such correction is to correct one or more technical errors in an approved PUD Plan and where such correction is consistent with its approved PUD District. 28. 6. 5 Failure to commence a PUD Plan. If no con- struction has begun or no USE established in the PUD within one (1) year of the date of the approval of the PUD Plan, the Planning Com- mission may require the landowner to appear before it and present evidence sustantiating that the PUD project has not been abandoned and that the applicant possesses the willing- ness and ability to continue the PUD. The Planning Commission may extend the date for initiation of the PUD construction and shall annually require the applicant to demonstrate that the PUD has not been abandoned. If the Planning Commission determines that conditions supporting the original approval of the PUD Plan have changed or that the landowner cannot implement the PUD Plan, the Planning Commis- sion may recommend to the Board of County Commissioners that the PUD Plan approval be withdrawn. If the Board agrees after a public hearing, the Board may revoke the PUD Plan and order the recorded PUD Plan vacated. 28. 6. 6 Enforcement of the PUD Plan. The PUD Plan' s construction schedule and the maintenance of COMMON OPEN SPACE shall be enforced as follows : 28. 6. 6. 1 The construction and provision of all COMMON OPEN SPACE, public utilities , and recreational facilities which are shown on the PUD Plan shall proceed at a rate which is no slower 20-80 944 186593,3 945 1867328 BOOK RECEPTION BOOK RECEPTION a3 / -//Co /=i<6 than the construction of residential, commer- cial or industrial BUILDINGS and STRUCTURES. Periodically, the Planning Commission or its representative shall compare the DEVELOPMENT to date with the approved construction sche- dule. 28 . 6. 6. 2 If the organization established to own and maintain COMMON OPEN SPACE, or any successor organization fails to maintain the COMMON OPEN SPACE in reasonable order and condition in accordance with the approved PUD Plan the following action may be taken: 28. 6. 6. 2. 1 The Board of County Commissioners may serve written notice upon such organization or upon the owners or residents of the PUD setting forth that the organization has failed to comply with the PUD Plan. Said notice shall include a demand that such deficiencies of maintenance be cured within thirty (30) days thereof. A hearing shall be held by the Board within fourteen (14) days of the issuance of such notice, the time, date and place of hearing shall be stated therein. At such hearing the Board may modify the terms of the original notice as to deficiencies and may give an extension of time within which they shall be rectified. 28. 6. 6. 2. 2 If the deficiencies set forth in the original notice or in the modifications therof are not rectified within thirty (30) days or any extension thereof, the Board, in order to preserve the values of the properties within the PUD and to prevent the COMMON OPEN SPACE from becoming a public nuisance, may enter upon said COMMON OPEN SPACE and maintain the same for a period of one (1) year. Said entry and maintenance shall not vest in the PUBLIC any rights to use the COMMON OPEN SPACE except when the same is voluntarily dedicated to the PUBLIC by the owners and accepted by the Board of County Commissioners . Before the expira- tion of said one (1) year period, the Board of County Commissioners shall call a public hearing to consider the necessity of con- tinuing such maintenance for a succeeding year. Notice of the hearing shall be given in writing not less than thirty (30) days and not more than sixty (60) days prior to this hear- ing to the organization normally responsible for the maintenance of the COMMON OPEN SPACE and to the owners or residents of the PUD. If 20-81 945 186'732$ 944 18fi:i933 BOOK RECEPTION BOOK RECEPTION crgt—// the Board determines that such organization is ready and able to maintain said COMMON OPEN SPACE in reasonable condition, the Board shall cease to maintain said COMMON OPEN SPACE at the end of said year. If the Board determines that such organization is not ready and able to maintain said COMMON OPEN SPACE in a rea- sonable condition, the Board may continue to maintain said COMMON OPEN SPACE during the next succeeding year, and shall be subject to a similar hearing and determination in each year thereafter. 28. 6 . 6. 2 . 3 The cost of such maintenance by the Board shall be paid by the owners of the properties within the PUD that have a right of enjoyment of the COMMON OPEN SPACE and any unpaid assessments shall become a tax lien on said properties , pursuant to Section 24-67-105 of the Colorado Revised Statutes , 1973 , as amended. 28. 6. 7 Monuments. Permanent reference monuments shall be set on the PUD according to the Official Weld County Subdivision Regulations and Section 136-2-1 of the Colorado Revised Statutes , 1973 , as amended. 20-82 944 945 186'73`'8 1865933 BOOK_ ___ __ RECEPTION„...........e.. ....... ...,n, BOOK RECEPTION........... .........wew 13/-iiI e29i 1 f TABLE OF CONTENTS SECTION PAGE 30 Zone Districts 30-1 31 Agricultural 30-1 32 Residential 30-5 33 Commercial 30-16 34 Industrial 30-30 35 PUD (Planned Unit Development) District 30-41 944 186593 i 945 1867328 BOOK RECEPTION....,.. .. 0251-N9 BOOK RECEPTION 30 Zone Districts 7 3�- //9 31 A (Agricultural) District 31. 1 Intent of the A (Agricultural) District. Agriculture in Weld County is considered a valuable resource which must be protected from adverse impacts resulting from uncontrolled and undirected business , industrial and resi- dential land USES. The A District is established to main- tain and promote agriculture as an essential feature of Weld County. The A District is intended to provide areas for the conduct of agricultural activities and activities related to agriculture and agricultural production without the inter- ference of other, incompatible land USES. The A District is also intended to provide areas for the conduct of Uses by Special Review which have been determined to be more intense or to have a potentially greater impact than Uses Allowed by Right. The A District regulations are established to promote the health, safety and general welfare of the present and future residents of Weld County. 31. 2 Uses Allowed by Right in the A District . No BUILDING, STRUCTURE or land shall be USED and no BUILDING or STRUCTURE shall hereafter be erected, structurally al- tered, enlarged, or maintained in the A District except for one or more of the following USES. Land in the A District is subject to the schedule of Bulk Requirements contained in Section 31. 5 . USES within the A District shall also be subject to the additional requirements contained in Section 40, Supplementary District Regulations and Section 50, Overlay Districts. 31. 2 . 1 One (1) SINGLE FAMILY DWELLING UNIT per LEGAL LOT; 31. 2. 2 One (1) SINGLE FAMILY DWELLING UNIT on a parcel of land created under the provisions of Section 9 of the Subdivision Regulations of Weld County, adopted August 30, 1972 , as amended; 31. 2 . 3 FARMING, RANCHING AND GARDENING; 31. 2 . 4 Cultivation, storage, and sale of crops vege- tables , plants , flowers , and nursery stock raised on the premises ; 31. 2. 5 TEMPORARY storage, in transit , of crops , vegetables , plants , flowers , and nursery stock not raised on the premises and not for sale on said premises ; 31 . 2. 6 Cemeteries ; 30-1 945 1867328 944 1865933 BOOK RECEPTION A E, BOOK RECEPTION.1..2..702.3/'416 Grazing of Livestock; a 3HG) 0 31. 2. 8 Feeding of LIVESTOCK within the limitations defined in Section 31 . 5, Bulk Requirements ; 31. 2. 9 OIL AND GAS PRODUCTION FACILITIES; 31. 2. 10 PUBLIC parks and PUBLIC recreation facilities ; 31. 2. 11 PUBLIC SCHOOLS, and PUBLIC SCHOOL extension classes ; 31. 2. 12 UTILITY SERVICE FACILITIES ; 31. 2. 13 Alcohol production which does not exceed 10, 000 gallons per year provided that alcohol and by-products will be used primarily on the owners or operator ' s land. 31. 2. 14 Temporary group assemblages (subject to the Weld County Ordinance pertaining to temporary group assemblages) . 31. 2. 15 Asphalt or concrete batch plant used tempora- rily and exclusively for the completion for a PUBLIC road improvement project . 31. 2. 16 MOBILE HOME subject to the additional require- ments of Section 43. 31. 3 Accessory Uses in the A District. The following BUILDINGS , STRUCTURES, and USES shall be allowed in the A District so long as they are clearly incidental and ACCESSORY to the USES allowed by right in the A district . Such BUILDINGS , STRUCTURES and USES must be designed, constructed, and operated in conformance with the Bulk Requirements contained in 31. 5. ACCESSORY USES within the A District shall also be subject to the additional requirements contained in Section 40, Supplementary District Regulations and Section 50, Overlay Districts. Note : The GROSS FLOOR AREA of ACCESSORY BUILDINGS constructed after the effective date of this Ordinance on LOTS of less than ten (10) acres shall not be larger than one thousand (1, 000) square feet per BUILDING. 31. 3. 1 STRUCTURES for storage of equipment and agri- cultural products ; 31. 3. 2 BUILDINGS for confinement or protection of LIVESTOCK, within the limitations defined in Section 31. 5, Bulk Requirements ; 31. 3. 3 SINGLE FAMILY DWELLINGS for persons custo- marily employed at or engaged in FARMING, RANCHING, or GARDENING subject to the ad- ditional requirements of Section 43 ; 31. 3.4 HOME OCCUPATIONS ; 30-2 r 1869328 944 186593 BOOK 5 RECEPTION BOOK RECEPTION 22.3./- � /` OFFICE incidental to the operation'� of the Uses Allowed by Right as listed in Section 31. 2; 31. 3. 6 MOBILE HOME subject to the additional re- quirements of Section 43 ; 31.3 . 7 Roadside stands when the products offered for sale are grown on the premises . Such stands shall be situated not less than fifty (50) feet from the PUBLIC right-of-way; 31. 3. 8 SIGNS, in conformance with the provisions of Section 42; 31. 3. 9 Any other STRUCTURE or USE clearly incidental and ACCESSORY to the operation of a Use Al- lowed by Right in the A District. 31. 4 Uses by Special Review in the A District . The following BUILDINGS, STRUCTURES and USES may be con- structed, occupied, operated, and maintained in the A Dis- trict upon approval of a permit in accordance with the requirements and procedures set forth in Section 24, Uses by Special Review. 31. 4. 1 Mineral Resource Development facilities in- cluding : *OIL AND GAS STORAGE FACILITIES *Open pit MINING and materials processing, subject to the provisions of Section 45 *Asphalt and concrete batch plants *Coal gassification facilities *MINING or recovery of other mineral deposits located in Weld County, subject to the pro- visions of Section 44. 31.4. 2 Agricultural Service establishments primarily engaged in performing agricultural, animal husbandry, or horticultural services on a fee or contract basis , including : *Sorting, grading, and packing fruits and vegetables for the grower *Grain and/or feed elevators *Crop dusting or spraying operations faci- lities (includes hangars , landing strips , fertilizer storage facilities , insecticide storage facilities , fuel storage facilities , and offices ACCESSORY to the crop dusting or spraying operation) *Farm equipment sales , repair, and installa- tion facilities *Veterinary clinics or hospitals *Grain and feed sales 30-3 944 1865933 945 1869328 BOOK...... .. RECEPTION.._....... BOOK....... ... RECEPTION a3 / -/ 41 air 4234 *Commercial grain storage and drying *Fertilizer storage, mixing, blending, and sales *Seed production, processing, storage, mixing, blending and sales *Animal training and boarding facilities *Alcohol production exceeding 10, 000 gallons per year or the sale or loan of alcohol occurring to any other person not involved in the alcohol production operation *Animal waste recycling or processing facilities *Custom meat processing *LIVESTOCK sale barns and facilities *Forage dehydration facilities *LIVESTOCK CONFINEMENT OPERATIONS 31.4. 3 Recreational facilities and USES including : *Race tracks and race courses *DRIVE IN THEATERS, subject to the provisions of Section 45 . 7 *Golf courses *Shooting ranges , subject to the provisions of Section 45. 3 *Guest farms and hunting lodges *Fairgrounds 31.4.4 PUBLIC utilities facilities including : *Equipment storage or repair facilities *Storage tanks *MAJOR FACILITIES OF PUBLIC UTILITIES 31. 4. 5 PUBLIC and quasi. PUBLIC BUILDINGS including : *Churches *Private schools *Administrative OFFICES or meeting halls for agricultural organizations 31 .4. 6 AIRPORTS, and AIRSTRIPS ; 31.4. 7 JUNK YARDS or salvage yards ; 31.4. 8 KENNELS ; 31 . 4. 9 Sanitary land fills ; 31. 4. 10 Keeping , raising, boarding of EXOTIC ANIMALS ; 31. 4. 11 More than two (2) microwave, radio, television or other communication towers , or any tower over 199 feet . 30-4 944 1865933 945 1867328 BOOK RECEPTION BOOK RECEPTION....... . _._._ 3�-Tai ��i-i�3 31. 4. 12 a° 3/ -FAMILY DWELLINGS other than those per- mitted under Section 31. 2. 1 of this Ordinance. 31. 4. 13 MULTI-FAMILY DWELLINGS for persons customarily employed at or engaged in FARMING, RANCHING or GARDENING. 31 .4. 14 Expansion or extension of NON-CONFORMING USES . 31 . 4. 15 HOME BUSINESS . Provided, however , that the LEGAL LOT on which the HOME BUSINESS is to be located is ten (10) acres or larger . 31 . 4. 16 USES similar to the USES listed above as Uses by Special Review as long as the USE complies with the general intent of the A District . 31 . 5 Bulk Requirements . The following table lists the Bulk Requirements for the A District : 31 . 5 . 1 Minimum LOT size: Irrigated 80 acres Dry 160 acres 31 . 5 . 2 Minimum SETBACK 20 feet 31 . 5 . 3 Minimum OFFSET 3 feet, or one foot for each 3 feet of BUILDING HEIGHT, whichever is greater . 31 . 5 .4 Maximum number of ANIMAL UNITS permitted per acre 4 per acre or portion thereof 32 Residential Districts 32 . 1 Intent of the Residential Districts . The R-1 , R-2 , R-3 , R-4 and R-5 Residential Districts are intended to provide the present and future residents of Weld County with areas in which to locate and establish residential land USES and land USES that are compatible with residential areas . The Resi- dential Districts are intended to be located designed, and developed in a manner that is compatible with the Weld County Comprehensive Plan and the adopted MASTER PLANS of affected municipalities . 30-5 944 1865933 945 BOOK............ RECEPTION BOOK......._... RECEPTION. .±Ss'I3 Z ... g3I -J '4 air icy 32. 2 The R-1 (Low Density Residential) District 32. 2. 1 Intent of the R-1 District . The purpose of the R-1 District is to provide areas in Weld County for SINGLE FAMILY residential USE that are located, designed and developed in com- pliance with the Weld County Comprehensive Plan and the adopted MASTER PLANS of affected municipalities . The R-1 District is also intended to accommodate non-residential land USES that are both ACCESSORY to and compatible with residential USES allowed by right in the District. 32. 2. 2 Uses Allowed by Right in the R-1 District . No BUILDING, STRUCTURE or land shall be USED, and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged, or maintained in the R-1 District except for one or more of the following USES. Land in the R- 1 District must be USED in compliance with the Bulk Requirements contained in Section 32 . 7. USES within the R-1 District are subject to the additional requirements contained in Section 40, Supplementary District Regulations and Section 30 , Overlay Districts. 32. 2. 2. 1 One (1) DWELLING UNIT per LEGAL LOT, said DWELLING UNIT shall be connected to and served by a PUBLIC WATER system and a PUBLIC SEWER system. Evidence that PUBLIC WATER AND PUBLIC SEWERS are available to the LEGAL LOT shall be provided prior to the issuance of a building permit. This requirement does not apply to any LEGAL LOT created prior to the enactment date of this Ordinance. This requirement also does not apply to any LOT included in a pro- posed subdivision which has preliminary sub- division plat or final subdivision plat ap- proval by the Planning Commission or the Board of County Commissioners prior to the enactment date of this Ordinance. 32. 2. 2. 2 PUBLIC parks and PUBLIC recreation areas . 32. 2. 2. 3 PUBLIC SCHOOLS , and PUBLIC SCHOOL extension classes . 32. 2. 2. 4 Police and fire stations or facilities . 32. 2. 2. 5 UTILITY SERVICE FACILITIES. 30-6 945 186732g 944 186593,3 BOOK.......„... RECEPTION BOOK...„..„... RECEPTION r j/ � _7 AA 3 �� e 32. 2. 3 a Ac cessory Uses in the R-1 District . The following BUILDINGS, STRUCTURES , and USES shall be allowed in the R-1 District so long as they are clearly incidental and ACCESSORY to the Uses Allowed by Right in the R-1 Dis- trict . Such BUILDINGS, STRUCTURES , and USES must be designed, constructed, and operated in conformance with the Bulk Requirements con- tained in Section 32 . 7 . ACCESSORY USES within the R-1 District are also subject to the ad- ditional requirements contained in Section 40, Supplementary District Regulations and Section 30, Overlay Districts. 32. 2 . 3. 1 Garages , carports , and parking areas ; 32. 2. 3. 2 Swimming pools , tennis courts and similar recreational facilities ; 32. 2. 3. 3 SIGNS, in accordance with the provisions of Section 42 ; 32 . 2. 3 . 4 HOME OCCUPATIONS; 32. 2. 3. 5 Service BUILDINGS and facilities ; and 32. 2. 3. 6 Any other STRUCTURE or USE clearly incidental and ACCESSORY to a Use Allowed by Right in the R-1 District. 32. 2.4 Uses by Special Review in the R-1 District . The following BUILDINGS , STRUCTURES, and USES may be constructed, occupied; operated, and maintained in the R-1 District upon approval of a permit in accordance with the require- ments and procedures set forth in Section 24, Uses by Special Review. 32. 2. 4. 1 HOSPITALS , nursing homes , and rehabilitation centers ; 32. 2. 4. 2 Preschools and daycare centers ; 32. 2.4. 3 Private schools ; 32. 2. 4. 4 Churches ; 32 . 2.4. 5 PRIVATE RECREATIONAL FACILITIES ; and 32 . 2 . 4. 6 OIL AND GAS PRODUCTION FACILITIES. 30-7 944 186593:3 945 1869328 R BOOK.......»... RECEPTION 3 KRBOOK RECEPTION........... ».._..».».._ 32. 3 The R-2 (Duplex Residential) District 32. 3. 1 Intent of the R-2 District . The purpose of the R-2 District is to provide areas in Weld County for DUPLEX residential USES that are located, designed, and developed in compliance with the Weld County Comprehensive Plan and the adopted MASTER PLANS of affected munici- palities . The R-2 District is also intended to accommodate nonresidential land USES that are both ACCESSORY to and compatible with residential Uses Allowed by Right in the district . 32. 3 . 2 Uses Allowed by Right in the R-2 District . No BUILDING, STRUCTURE or land shall be used, and no BUILDING, or STRUCTURE shall hereafter be erected, structurally altered, enlarged, or maintained in the R-2 District except for one or more of the following USES. Land in the R- 2 District must be USED in compliance with the Bulk Requirements contained in Section 32 . 7 . USES within the R-2 District are also subject to the additional requirements contained in Section 40, Supplementary District Regulations and Section 50, Overlay Districts. 32. 3. 2 . 1 USES listed as Uses by Right in the R-1 Dis- trict 32. 3. 2 . 2 DUPLEX DWELLING UNIT. Said DWELLING UNITS shall be connected to and served by a PUBLIC WATER system and a PUBLIC SEWER system. Evidence that PUBLIC WATER and PUBLIC SEWER is available to the LEGAL LOT shall be pro- vided prior to the issuance of a building permit . This requirement does not apply to any LEGAL LOT created prior to the enactment date of this Ordinance. This requirement also does not apply to any LOT included in a proposed subdivision which has preliminary subdivision plat or final subdivision plat approval by the Planning Commission or the Board of County Commissioners prior to the enactment date of this Ordinance; 32. 3. 2. 3 PUBLIC parks and PUBLIC recreation areas ; 32. 3. 2.4 PUBLIC schools ; and 32 . 3. 2. 5 Police and fire stations or facilities . 32. 3. 3 Accessory Uses in the R-2 District . The following BUILDINGS , STRUCTURES , and USES shall be allowed in the R-2 District so long 30-8 944 186593:3 186`732S BOOK..........» RECEPTION r� BOOK 945 RECEPTION �3/- 4Q/ as they are clearly inciden al, and ACCESSORY to the Uses Allowed by Right in the R-2 Dis- trict . Such BUILDING, STRUCTURES and USES must be designed , constructed, and operated in conformance with the Bulk Requirements con- tained in Section 32 . 7 ACCESSORY USES within the R-2 District are also subject to the additional requirements contained in Section 40, Supplementary District Regulations and Section 50, Overlay Districts. 32. 3. 3 . 1 USES listed as ACCESSORY USES in the R-1 District 32. 3. 4 Uses by Special Review in the R-2 District . The following BUILDING, STRUCTURES , and USES may be constructed, occupied, operated, and maintained in the R-2 District upon approval of a permit in accordance with the require- ments and procedures set forth in Section 24, Uses by Special Review. 32. 3. 4. 1 USES listed as Uses by Special Review for the R-1 District . 32 . 4 The R-3 (Medium Density Residential) District 32.4. 1 Intent of the R-3 District . The purpose of the R-3 District is to provide areas in Weld County for medium density residential USES that are located, designed, and developed in compliance with the Weld County Comprehensive Plan and the adopted MASTER PLANS of affected municipalities . The R-3 District is also intended to accommodate non-residential land USES that are both ACCESSORY to and compatible with residential Uses Allowed by Right in the district. 32 .4. 2 Uses Allowed by Right in the R-3 District. No BUILDING, STRUCTURE or land shall be used, and no BUILDING, or STRUCTURE shall hereafter be erected, structurally altered, enlarged, or maintained in the R-3 District except for one or more of the following USES. Land in the R-3 District must be USED in compliance with the Bulk Requirements contained in Section 32 . 7. USES within the R-3 District are also subject to the additional requirements contained in Section 40, Supplementary District Regulations and Section 50, Overlay Districts . 32.4. 2. 1 Attached DWELLING UNITS of two (2) or more but not more than six (6) DWELLING UNITS per LEGAL LOT. Said DWELLING UNITS shall be connected 30-9 945 186'73,, 1865933 BOOK RECEPTION......._,, ,,. ry BOOK 944 RECEPTION....... .. . ..... 53/-/13 ryto and served by a PUBLIC WATER system and a 2 3/ ri.ola PUBLIC SEWER system. Evidence that PUBLIC WATER and PUBLIC SEWER is available to the LEGAL LOT shall be provided prior to the issuance of a building permit. This require- ment does not apply to any LEGAL LOT created prior to the enactment date of this Ordinance. This requirement also does not apply to any LOT included in a proposed subdivision which has preliminary subdivision plat or final sub- division plat approval by the Planning Commis- sion or the Board of County Commissioners prior to the enactment date of this Ordinance; 32.4. 2. 2 PUBLIC parks and PUBLIC recreation areas ; 32. 4. 2. 3 PUBLIC schools ; 32. 4. 2. 4 Police and fire stations or facilities ; and 32 . 4. 2 . 5 UTILITY SERVICE FACILITIES . 32.4. 3 Accessory Uses in the R-3 District . The following BUILDINGS , STRUCTURES, and USES shall be allowed in the R-3 District so long as they are clearly incidental and ACCESSORY to the Uses Allowed by Right in the R-3 Dis- trict. Such BUILDINGS , STRUCTURES, and USES must be designed, constructed, and operated in conformance with the Bulk Requirements con- tained in Section 32. 7. ACCESSORY USES within the R-3 District are also subject to the additional requirements contained in Section 40, Supplementary District Regulations and Section 50, Overlay Districts. 32.4. 3. 1 USES listed as ACCESSORY USES in the R-1 District . 32.4.4 Uses by Special Review in the R-3 District . The following BUILDINGS , STRUCTURES , and USES may be constructed, occupied, operated, and maintained in the R-3 District upon approval of a permit in accordance with the require- ments and procedures set forth in Section 24, Uses by Special Review. 32. 4.4. 1 USES listed as Uses by Special Review for the R-1 District . 32 . 5 The R-4 (High Density Residential) District 32. 5. 1 Intent of the R-4 District. The purpose of the R-4 District is to provide areas in Weld County for high density residential USES that 30-10 9 186593:3 q45 1867328 BOON_ ___ RECEPTION_.... BOOR RECEPTION....... a 3 Hon are located, designed, and developed in com- pliance with the Weld. County Comprehensive Plan and the adopted MASTER PLANS of affected municipalities . The R-4 District is also intended to accommodate non-residential land USES that are both ACCESSORY to and compatible with residential Uses Allowed by Right in the district . 32. 5. 2 Uses Allowed by Right in the R-4 District . No BUILDING, STRUCTURE or land shall be USED, and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged, or maintained in the R-4 district except for one or more of the following USES . Land in the R- 4 District must be used in compliance with the Bulk Requirements contained in Section 32 . 7. USES within the R-4 District are also subject to the additional requirements contained in Section 40, Supplementary District Regulations and Section 50, Overlay Districts. 32. 5. 2. 1 DWELLING UNIT STRUCTURES of two (2) or more units per LEGAL LOT. Said DWELLING UNITS shall be connected to and served by a PUBLIC WATER system and a PUBLIC SEWER system. Evidence that PUBLIC WATER and PUBLIC SEWER are available to the LEGAL LOT shall be pro- vided prior to the issuance of a building permit. This requirement does not apply to any LEGAL LOT created prior to the enactment date of this Ordinance. This requirement also does not apply to any LOT included in a pro- posed subdivision which has preliminary sub- division plat or final subdivision plat ap- proval by the Planning Commission or the Board of County Commissioners prior to the enactment date of this Ordinance. 32. 5 . 2. 2 PUBLIC parks and PUBLIC recreation areas ; 32. 5 . 2. 3 PUBLIC schools ; 32. 5 . 2 .4 Police and fire stations or facilities ; and 32 . 5 . 2 . 5 UTILITY SERVICE FACILITIES . 32. 5. 3 Accessory Uses in the R-4 District . The fol- lowing BUILDINGS, STRUCTURES , and USES shall be allowed in the R-4 District so long as they are clearly incidental and ACCESSORY to the Uses Allowed by Right in the R-4 District . Such BUILDINGS , STRUCTURES , and USES must be designed, constructed, and operated in con- formance with the Bulk Requirements contained 30-11 944 1865933 BOOK9. '5. RECEPTION.._„ 186'7327 RECEPTION w a3/-/3 c 31 /30 in Section 32. 7. ACCESSORY USES within the R- 4 District shall also be subject to additional requirements contained in Section 40, Supple- mentary District Regulations and Section 50, Overlay Districts. 32. 5. 3 . 1 USES listed as ACCESSORY USES in the R-1 District . 32. 5. 4 Uses by Special Review in the R-4 District . The following BUILDINGS, STRUCTURES , and USES , may be constructed, occupied, operated, and maintained in the R-4 District upon approval of a permit in accordance with the require- ments and procedures set forth in Section 24, Uses by Special Review. 32. 5.4. 1 USES listed as Uses by Special Review for the R-1 District. 32. 5. 5 Site Plan Review Required. It shall be neces- sary that the applicant for a building permit in the R-4 District certify and state that the district requirements that are applicable to the DEVELOPMENT and USE of property zoned R-4 have been or shall be complied with according to the intent of Section 23 , Site Plan Review. 32. 6 The R-5 (Mobile Home Residential) District . 32 . 6. 1 Intent of the R-5 District . The purpose of the R-5 District is to provide areas in Weld County for MOBILE HOMES USED for single family residential occupancy. These areas are in- tended to be located, designed and developed in compliance with the Weld County Comprehensive Plan and the MASTER PLANS of affected munici- palities . The R-5 District is also intended to accomodate non-residential land USES that are both ACCESSORY to and compatible with residential USES allowed by right in the district . 32. 6. 2 Uses Allowed by Right in the R-5 District . No BUILDING, STRUCTURE or land shall be USED and no BUILDING or STRUCTURE shall be hereafter erected, structurally altered, enlarged, or maintained in the R-5 District except for one or more of the following USES. Land in the R- 5 District must be USED in compliance with the Bulk Requirements contained in Section 32. 7 . USES within the R-5 District are subject to the additional requirements contained in Section 40, Supplementary District Regulations and Section 50, Overlay Districts . 30-12 944 1%5933 945 1867328 BOOK RECEPTION BOOK RECEPTION a3%-i3/ ..". ' " 1/3( 32. 6. 2. 1 One (1) MOBILE HOME per LEGAL LOT. Said MOBILE HOME shall be connected to an served by a PUBLIC WATER system and a PUBLIC SEWER system. Evidence that PUBLIC WATER and PUBLIC SEWER are available to the LEGAL LOT shall be provided prior to the issuance of a building permit. This requirement does not apply to any LEGAL LOT created prior to the enactment date of this Ordinance. This requirement also does not apply to any LOT included in a pro- posed subdivision which has preliminary sub- division plat or final subdivision plat ap- proval by the Planning Commission or the Board of County Commissioners prior to the enactment date of this Ordinance. 32 . 6. 2 . 2 PUBLIC parks and PUBLIC recreation areas ; 32. 6.2 .3 PUBLIC schools ; 32 . 6. 2 . 4 Police and fire stations or facilities ; and 32. 6. 2. 5 UTILITY SERVICE FACILITIES . 32 . 6. 3 Accessory Uses in the R-5 District . The following BUILDINGS, STRUCTURES , and USES shall be allowed in the R-5 District so long as they are clearly incidental and ACCESSORY to the Uses Allowed by Right in the R-5 Dis- trict . Such BUILDINGS, STRUCTURES , and USES must be designed, constructed, and operated in conformance with the Bulk Requirements con- tained in Section 32. 7 . ACCESSORY USES within the R-5 District are also subject to the additional requirements contained in Section 40, Supplementary District Regulations and Section 50, Overlay Districts. 32. 6. 3. 1 USES listed as ACCESSORY USES in the R-1 District . 32. 6.4 Uses by Special Review in the R-5 District . The following BUILDINGS , STRUCTURES , and USES may be constructed, occupied, operated, and maintained in the :-5 District upon approval of a permit in accordance with the require- ments and procedures set forth in Section 24, Uses by Special Review. 32. 6.4. 1 USES listed as Uses by Special Review for the R-1 District. 30-13 944 1865933/ 945 1867328 BOOK RECEPTION £3.234 BOOK............ RECEPTION r _ 32. 7 Bulk Requirements for the R-1 , R-2, R-3 , R-4, and R-5 Dis- tricts. The following tables list the Bulk Requirements for the R-1 , R-2 , R-3 , R-4, and R-5 Districts . REQUIREMENT R-1 R-2 R-3 R-4 R-5 32 . 7 . 1 Minimum LOT size (sq. feet) 6, 000 6, 000 6, 000 6 , 000 see 32. 7 . 9 32. 7 . 2 Minimum LOT area per residential structure (sq . feet) 6, 000 4, 500 4, 500 3 , 000 32. 7 . 3 Minimum LOT area/unit (sq. feet) 6, 000 3 , 000 3 , 000 1 , 500 32. 7. 4 Minimum SETBACK (feet) 20 20 20 20 32. 7. 5 Minimum OFFSET (feet) 5 feet or , one foot for each three feet of BUILDING HEIGHT, whichever is greater. 32. 7 . 6 Maximum BUILDING HEIGHT (feet) 30 30 30 45 32 . 7 . 7 Maximum LOT coverage (7/) 50 60 60 70 " 32 . 7. 8 Maximum number of ANIMAL UNITS per- mitted per LOT. Two (2) per acre or por- tion thereof. REQUIREMENT R-5 R-5 (MOBILE HOME PARK) (MOBILE HOME SUBDIVISION) 32. 7 . 9 Minimum LOT area (sq. feet) n/a 6 , 000 32 . 7 . 10 Minimum LOT width (feet) n/a 50 32. 7 . 11 Minimum SETBACK and offset (feet) See Sections 32. 7 . 11 and 20 SETBACK 32. 7. 12 5 OFFSET 30-14 1�8 /933 944 0l r/ 945 186'7328 BOOK RECEPTION /3 BOOK............ RECEPTION w1 _ 32. 7 . 11 . 1 The minimum front yard SETBACK in MOBILE HOME PARKS shall be twenty (20) feet . The minimum front yard setback for MOBILE HOME PARKS approved prior to January 25 , 1978 , shall be zero feet . The location in these parks for MOBILE HOMES shall be such that no MOBILE HOME or attached portion of a MOBILE HOME will encroach the nearest travel lane or the ADJA- CENT road, flow line of the ADJACENT road or sidewalk ADJACENT to the MOBILE HOME. 32. 7. 12 Minimum side yard offset and minimum rear yard offset . 32. 7. 12 . 1 The side and rear yard offset requirements in MOBILE HOME PARKS shall be based on the dis- tance between MOBILE HOME units measured from the closest point or edge of the MOBILE HOME as follows : 32. 7 . 12. 1 . 1 10 ' between MOBILE HOMES if the units are placed end (width) to end (width) . 32. 7 . 12. 1. 2 15 ' between MOBILE HOMES if the units are placed side (length) to side (length) . 32. 7. 12. 1. 3 12 . 5" between MOBILE HOMES if the units are placed side (length) to end (width) . 32 . 7. 12. 1 . 4 For the purpose of this section, the ends (width) of MOBILE HOMES that are greater than 16 ' in width, such as double wide MOBILE HOMES, shall be considered to be sides of the MOBILE HOME in measuring distances between MOBILE HOME units . 32 . 7 . 12. 1. 5 A MOBILE HOME shall have a minimum offset of 5 ' from the perimeter of the MOBILE HOME PARK or from any ADJACENT property which is not approved to be utilized for a MOBILE HOME . 32. 7. 12. 1. 6 ACCESSORY BUILDINGS and STRUCTURES on the same LOT or space as a MOBILE HOME shall have a minimum clearance of 10 ' from any STRUCTURE or MOBILE HOME on any other LOT. 32. 7 . 12. 1 . 7 Couuuonly owned or utilized BUILDINGS which are accessory to the park shall have a minimum clearance of 10 ' from any other STRUCTURE or MOBILE HOME . 30-15 1865933 945 1867328 BOOK 944 RECEPTION a,3i.-2. 3(BOOK RECEPTION 32 . 7 . 12 . 2 The side and rear yard offset requirements in the MOBILE HOME SUBDIVISIONS shall be as follows : 32. 7 . 12. 2. 1 The side (length) of a MOBILE HOME shall be placed no less than 7 . 5 feet from any rear or side yard lot line. 32. 7 . 12 . 2. 2 The end (width) of a MOBILE HOME shall be placed no less than 5 feet from any rear or side yard LOT line. 32 . 7 . 12 . 2. 3 For the purpose of this section, the ends (width) of MOBILE HOMES that are greater than 16 feet in width shall be considered to be sides (lengths) of MOBILE HOMES for the pur- pose of measuring offset. 32 . 7 . 12 . 2 . 4 ACCESSORY BUILDINGS and STRUCTURES on the same lot or space as a MOBILE HOME shall have a minimum rear and side yard offset from the lot line of 5 feet . 32. 7 . 12 . 2 . 5 Commonly owned or utilized BUILDINGS which are accessory to the subdivisions shall have minimum side and rear yard offset from the LOT line of 10 feet . 33 Commercial Districts 33 . 1 Intent . The C-1 , C-2, C-3 , and C-4 Commercial Districts are intended to provide safe, efficient areas in which to offer goods and services at wholesale or retail . The regulations contained herein have been established so as to provide for commercial areas in Weld County which meet the needs of COUNTY residents and visitors for goods and services , with- out creating adverse effects on surrounding USES or on the area in which the District is established. These regulations are also designed to promote the health, safety, and general welfare of the present and future residents of Weld County . 33 . 2 The C-1 (Neighborhood Commercial) District 33. 2. 1 Intent of the C-1 District . To establish and preserve areas for activities which provide convenience goods and services primarily for the residents of a specific NEIGHBORHOOD. The C-1 Districts shall be located, designed and operated in a manner that minimizes the un- desirable impacts of the allowed commercial USES on the NEIGHBORHOOD in which they are located. 30-16 944 1865933 945 186932s BOOK RECEPTION 3 /.m/3� BOOK RECEPTION . /'3s 33. 2. 2 ^ Uses Allowed by Right in the C-1 District . No BUILDING, STRUCTURE, or land shall be used and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged, or maintained in the C-1 District except for one or more of the following USES, which must be conducted in ENCLOSED BUILDINGS and in com- pliance with the performance standards con- tained in Section 33 . 6. USES within the C-1 District shall also be subject to additional requirements contained in Section 40, Su le- mentary District Regulations and Section Overlay Districts. 33 . 2. 2. 1 Stores and shops which furnish personal ser- vices and merchandise primarily intended for personal, family, or household purposes by the residents of the area in which the USE is located. Individual stores or shops may not have a GROSS FLOOR AREA greater than three thousand (3 , 000) square feet . Stores and shops in the C-1 District may not have busi- ness hours during any part of the period between 10: 00 p.m. and 6 : 00 a.m. Examples of proper stores or shops include : convenience food stores, hardware stores , barber or beauty shops , liquor stores , drycleaners , and coin operated laundries . 33 . 2. 2. 2 RESTAURANTS, not including those having a total customer seating capacity of more than one hundred (100) and not including RESTAURANT operations including the delivery of food or beverages to customers ' vehicles on the pre- mises or RESTAURANT operations that are pre- dominantly carryout in nature. 33 . 2. 2. 3 Schools , churches , and PUBLIC SCHOOL extension classes ; 33 . 2. 2.4 PUBLIC RECREATIONAL FACILITIES , community BUILDINGS , museums , and libraries ; 33 . 2. 2. 5 Police and fire stations and facilities ; 33. 2 . 2. 6 OFFICES , but not including INDIVIDUAL OFFICES with a gross floor area over three thousand (3 , 000) square feet . 33 . 2 . 2. 7 UTILITY SERVICE FACILITIES . 34. 2. 3 Accessory Uses in the C-1 District . The following BUILDINGS , STRUCTURES , and USES shall be allowed in the C-1 District so long as they are clearly incidental and ACCESSORY 30-17 BOOK(9_.44 RECEPTION 1865933 945 1867328 BOOK RECEPTION........... 3/ - /36 _.._.. � � to the Uses Allowed by Right . u UILDINGS , STRUCTURES and USES must be designed, con- structed, and operated in conformance with the performance standards contained in Section 33. 6. ACCESSORY USES within the C-1 District shall also be subject to additional require- ments contained in Section 40, Supplementary District Regulations and Section 50 , Overlay Districts. 33. 2 . 3 . 1 Parking areas or STRUCTURES for USE by em- ployees , customers and company vehicles so long as such parking areas are paved and SCREENED from ADJACENT properties zoned R-1 , R-2 , R-3 , R-4 or R-5 . 33 . 2 . 3 . 2 Loading areas or STRUCTURES so long as such loading areas or STRUCTURES are SCREENED from ADJACENT properties zoned R-1 , R-2 , R-3 , R-4 or R-5 . 33. 2 . 3 . 3 Storage BUILDINGS for materials used in the conduct of the Use Allowed by Right so long as the GROSS FLOOR AREA of the ACCESSORY BUILDING does not cause the total GROSS FLOOR AREA of the principle USE and ACCESSORY USE to be larger than permitted for the principle USE. 33 . 2.4 Uses by Special Review in the C-1 District . The following BUILDINGS, STRUCTURES , and USES may be constructed, occupied, operated, and maintained in the C-1 District upon approval of a permit in accordance with the require- ments and procedures set forth in Section 24, Uses by Special Review. 33. 2 . 4.1 Private or Commercial recreational facilities ; 33. 2 .4. 2 Microwave, radio , television or other communi- cation towers over forty-five (45) feet in height @measured from ground level) ; 33. 2.4.3 RESTAURANTS with outdoor seating capabilities provided such outdoor areas are SCREENED and do not create a RESTAURANT capacity of over one hundred (100) ; and 33 . 2 . 4. 4 Storage BUILDINGS for materials USED in the conduct of the Use Allowed by Right which are larger than otherwise permitted as an ACCES- SORY USE in the C-1 District . 30-18 1865933 3 1867328 BOOK944 RECEPTION 945 0?31-137/-137 BOOK......».... RECEPTION a3ol7 33. 2. 4. 5 Stores and shops which furnish personal services and merchandise primarily intended for personal, family, or household purposes by the residents of the area in which the USE is located and which do not meet the limitations of the C-1 District for size or hours of operation; and 33. 2.4. 6 OFFICES with GROSS FLOOR AREA larger than three thousand (3 , 000) square feet ; 33. 2 . 4. 7 OIL AND GAS PRODUCTION FACILITIES . 33 . 2. 5 Site Plan Review Required. It shall be neces- sary that the applicant for a building permit in the C-1 District certify and state that the performance standards and district require- ments that are applicable to the DEVELOPMENT and USE of property zoned C-1 have been or shall be complied with according to the intent of Section 23 , Site Plan Review. 33 . 2 . 6 Performance Standard Compliance Required. All BUILDINGS , STRUCTURES , and land located in the C-1 District shall be located, designed, used and occupied in such a manner that the design and operation standards contained in Section 33 . 6, Performance Standards , are met . 33 . 2 . 7 Bulk Requirements (see Performance Standards , Section 33 . 6) . 33 . 3 The C-2 (General Commercial) District 33 . 3. 1 Intent of the C-2 District . To establish and preserve areas for activities which provide goods and services to the residents of areas larger than a local NEIGHBORHOOD. The C-2 Districts shall be located, designed, and operated in a manner that minimizes the un- desirable impacts of the uses on the area in which they are located. 33 . 3. 2 Uses Allowed by Right in the C-2 District . No BUILDING, STRUCTURE , or land shall be USED and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the C-2 District except for one or more of the following USES, which must be ENCLOSED and conducted in compliance with the performance standards contained in Section 33 . 6. No outside storage will be allowed in the C-2 District . USES within the C-2 Dis- trict shall also be subject to additional 30-19 9 1865933 945 1867328 BOOK 44 RECEPTION 2 Q BOOK RECEPTION -711-:r3 0�j 3��30 requirements contained in Section 40 , Su le- mentary District Regulations and Section Overlay Districts. 33 . 3 . 2 . 1 Uses Allowed by Right in the C-1 District . 33. 3 . 2. 2 Stores and shops furnishing services and merchandise at retail to the general public ; 33. 3. 2 . 3 RESTAURANTS, including DRIVE-IN RESTAURANTS ; 33. 3. 2 . 4 NIGHTCLUBS , BARS , LOUNGES AND TAVERNS; 33 . 3 . 2. 5 THEATERS , convention halls , and other such facilities and STRUCTURES, private or PUBLIC, with seating capacities not over one thousand (1 , 000) ; 33. 3. 2 . 6 Establishments for the sale and care of HOUSE- HOLD PETS ; 33 . 3 . 2 . 7 OFFICES; 33. 3 . 2 . 8 Lumberyards , not including lumberyards with outside storage. Lumberyards that utilize storage STRUCTURES having an open side shall be permitted so long as the open side is not visible from the PUBLIC rights-of-way or from surrounding properties ; 33. 3. 2. 9 Establishments for the repair and/or restora- tion of small electrical equipment and ap- pliances such as radios , television sets , business office machines , and household appliances ; 33. 3 . 2 . 10 Private and commercial recreational faci- lities ; 33. 3. 2 . 11 HOSPITALS, nursing homes , and mental or physical rehabilitation centers ; 33. 3 . 2 . 12 Mortuaries and FUNERAL HOME; 33 . 3 . 2 . 13 HOTELS OR MOTELS. 33. 3. 3 Accessory Uses in the C-2 District . The fol- lowing BUILDINGS , STRUCTURES, and USES shall be allowed in the C-2 District so long as they are clearly incidental and ACCESSORY to the Uses Allowed by Right . Such BUILDINGS , STRUC- TURES, and USES must be designed, constructed, and operated in conformance with the Perfor- mance Standards contained in Section 33 . 6 . 30-20 945 1867328 944 1865933 BOOK RECEPTION BOOK..._....... RECEPTION .. . .. 0233-1.7 0q3/ 103-9 ACCESSORY USES within the C-2 District shall also be subject to additional requirements contained in Section 40, Supplementary District Regulations and Section 50, Overlay Districts . 33 . 3 . 3. 1 Parking areas or STRUCTURES for USE by em- ployees , customers and company vehicles so long as such parking areas are paved and SCREENED from ADJACENT property zoned R-1, R- 2 , R-3 , R-4, R-5, C-1 , C-4, or I-1. 33. 3. 3. 2 Loading areas or STRUCTURES so long as such loading areas or STRUCTURES are SCREENED from direct view of persons on ADJACENT properties zoned R-1, R-2 , R-3 , R-4, R-5 , C-1 , C-4, or I- 1 . 33. 3 . 3. 3 Storage BUILDINGS for materials USED in the conduct of the Use Allowed by Right. 33 . 3 . 4 Uses by Special Review in the C-2 District . The following BUILDINGS, STRUCTURES , and USES may be constructed, occupied, operated and maintained in the C-2 District upon approval of a permit in accordance with the require- ments of Section 24, Uses by Special Review. 33. 3.4. 1 Microwave, radio, television or other towers over forty-five (45) feet in height (measured from ground level) ; 33 . 3. 4. 2 THEATERS , convention halls , and other such facilities with seating capacities over one thousand (1 , 000) ; and; 33 . 3. 4. 3 Gasoline service stations ; 33 . 3 .4. 4 OIL AND GAS PRODUCTION FACILITIES . 33 . 3 . 5 Site Plan Review Required. It shall be neces- sary that the applicant for a building permit in the C-2 District certify and state that the performance standards and district require- ments that are applicable to the DEVELOPMENT and USE of property zoned C-2 have been or shall be complied with according to the intent of Section 23 , Site Plan Review. 33. 3. 6 Performance Standard Compliance Required. All BUILDINGS , STRUCTURES , and land located in the C-2 District shall be located, designed, used and occupied in such a manner that the design and operation standards contained in Section 33 . 6, Performance Standards , are met . 30-21 945 186'7328 gOOK944 RECEPTION 1865933 BOOK RECEPTION �n3/-/yo 33. 3 . 7a3) 7'NBulk Requirements (see Performance Standards , Section 33. 6) . 33. 4 The C-3 District 33 . 4. 1 Intent of the C-3 District . To establish and preserve areas for activities which provide goods or services for the benefit of the general public or which require large amounts of space or high traffic volumes for genera- ting business . The C-3 District shall be located, designed and operated in a manner that minimizes the undesirable impacts on the area in which they are located. 33. 4. 2 Uses Allowed by Right in the C-3 District . No BUILDINGS , STRUCTURE, or land shall be USED and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged, or maintained in the C-3 District except for one or more of the following USES which must be conducted in compliance with the Performance Standards contained in Section 33 . 6. USES in the C-3 District involving outdoor storage of vehicles , equipment , or materials or outdoor operations must be SCREENED from ADJACENT properties zoned R-1, R-2 , R-3 , R-4, R-5, C-1 , C-2, C-4, or I-1. USES within the C-3 Dis- trict shall also be subject to additional requirements contained in Section 40, Su le- mentary District Regulations and Section , Overlay Districts. 33. 4. 2 . 1 Uses Allowed by Right in the C-1 District ; 33 . 4. 2 . 2 Uses Allowed by Right in the C-2 District ; 33 . 4. 2. 3 THEATERS , convention halls , and other such facilities ; 33 . 4. 2 . 4 Gasoline service stations , car washes , VEHICLE SERVICE/REPAIR ESTABLISHMENTS ; 33 . 4. 2. 5 Lumberyards ; 33. 4. 2. 6 Warehousing and transfer facilities ; 33. 4. 2 . 7 VEHICLE SALES ESTABLISHMENTS for the sale, rental , or leasing of new or used vehicles or equipment; 33 . 4. 2. 8 VEHICLE RENTAL ESTABLISHMENTS ; 33. 4. 2. 9 WHOLESALE TRADE ESTABLISHMENTS for the sale of merchandise or services at the wholesale level; 30-22 945 944 186b933q 186'7328 BOOK RECEPTION „,._........-0-/ 1�— BOOK RECEPTION _ 33. 4. 2. 10 Equipment or appliance repair shops ; l3(/VI 33. 4. 2.11 CONTRACTOR' S SHOPS; 33. 4. 2. 12 Headquarters or service facilities for ambu- lance services, taxi services , bus services and other services involving the transporta- tion of people; 33.4. 2. 13 Commercial or private PARKING LOTS. 33 .4. 3. Accessory Uses in the C-3 District. The fol- lowing BUILDINGS, STRUCTURES, and USES shall be allowed in the C-3 District so long as they are clearly incidental and ACCESSORY to the Uses Allowed by Right. Such BUILDINGS , STRUC- TURES , and USES must be designed, constructed and operated in conformance with the Perfor- mance Standards contained in Section 33 . 6. ACCESSORY USES within the C-3 District shall also be subject to additional requirements contained in Section 40, Supplementary District Regulations and Section 50, Overlay Districts. 33. 4. 3. 1 Parking areas or STRUCTURES so long as such parking areas are paved and SCREENED from ADJACENT properties zoned R-1 , R-2, R-3, R-4, R-5, C-1, C-2, C-4, or I-1; 33. 4. 3. 2 Loading areas or STRUCTURES so long as such areas or STRUCTURES are SCREENED from ADJACENT properties zoned R-1, R-2, R-3, R-4, R-5, C-1, C-2, C-4, or I-1. 33. 4.3.3 One (1) SINGLE FAMILY DWELLING UNIT or one (1) MOBILE HOME when USED as living quarters for caretakers or security personnel responsible for maintaining or guarding the property, sub- ject to the provisions of Section 43.3 . 33. 4.4 Uses by Special Review in the C-3 District . The following BUILDINGS , STRUCTURES and USES may be constructed, occupied, operated and maintained in the C-3 District upon approval of a permit in accordance with the require- ments of Section 24, Uses by Special Review. 33. 4. 4. 1 Microwave, radio, television, or other com- munication towers over forty-five (45) feet in height (measured from ground level) ; 30-23 944 186533.3 ��77 q 186732 BOOK RECEPTION....... a3!. O` BOOIC'4 .. RECEPTION 8 33 . 4.4. 2 USES listed as Uses Allowed by Right in the I- 1 Industrial District provided that the USE is ENCLOSED and SCREENED and that the Commercial District Performance Standards contained in Section 33 . 6 are met prior to construction and during operation; 33 . 4. 4. 3 OIL AND GAS PRODUCTION FACILITIES . 33. 4.4.4 AIRSTRIPS when they are ACCESSORY to the Use Allowed by Right . 33 .4.4. 5 ACCESSORY DWELLING UNITS or MOBILE HOME in addition to the DWELLING UNIT allowed under Section 33. 4. 3 . 3 . 33 . 4. 5 Site Plan Review Required. It shall be neces- sary that the applicant for a building permit in the C-3 District certify and state that the performance standards and district require- ments that are applicable to the DEVELOPMENT and USE of property zoned C-3 have been or shall be complied with according to the intent of Section 23 , Site Plan Review. 33. 4. 6 Performance Standard Compliance Required. All BUILDINGS , STRUCTURES , and land located in the C-3 District shall be located, designed, used and occupied in such a manner that the design and operation standards contained in Section 33 . 6, Performance Standards , are met . 33 .4. 7 Bulk Requirements (see Performance Standards , Section 33 . 6) . 33 . 5 The C-4 (Highway Commercial) District 33. 5. 1 Intent of the C-4 District . To establish and preserve areas located with access to MAJOR THOROUGHFARES that provide essential goods and services to the traveling public. The C-4 Districts shall be located, designed and operated in a manner that does not create problems of traffic access or conflict and that minimizes the undesirable impacts of the USES on the area in which the USES are lo- cated. 33 . 5. 2 Uses by Right in the C-4 District . No BUILD- INGS , STRUCTURE, or land shall be USED and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the C-4 District except for one or more of the following USES which must be conducted in conformance with the Performance 30-24 944 1865933 945 BOOK..._....... RECEPTION 1867328 q�/' / BOOK............ RECEPTION .. -,1;-7/,3 o� Standards contained in Section 33 . 6. USES in the C-4 District involving outdoor storage of vehicles , equipment or materials or outdoor operations must be SCREENED from ADJACENT properties zoned R-1, R-2, R-4, R-5, C-1 , C-2 , or I-1. USES within the C-4 District shall also be subject to additional requirements contained in Section 40, Supplementary District Regulations and Section 50, Overlay Districts. 33. 5. 2. 1 HOTELS AND MOTELS ; 33. 5 . 2. 2 Gasoline stations ; 33. 5. 2. 3 RESTAURANTS , including DRIVE-IN RESTAURANTS ; 33 . 5 . 2. 4 PUBLIC, commercial , or private tent or RECREA- TIONAL VHEICLE camping areas for USE by the traveling public; 33. 5. 2. 5 PUBLIC SCHOOL extension classes . 33 . 5 . 2 . 6 UTILITY SERVICE FACILITIES . 33 . 5 . 3 Accessory Uses in the C-4 District. The following BUILDINGS , STRUCTURES , and USES shall be allowed in the C-4 District so long as they are clearly incidental and ACCESSORY to the Uses Allowed by Right. Such BUILDINGS , STRUCTURES , and USES must be designed, con- structed, and operated in conformance with the Performance Standards contained in Section 33 . 6. ACCESSORY USES within the C-4 District shall also be subject to additional require- ments contained in Section 40, Supplementary District Regulations and Section 50, Overlay Districts . 33 . 5 . 3 . 1 Parking areas or STRUCTURES for USE by em- ployees , customers and company vehicles so long as such parking areas are paved and SCREENED from ADJACENT properties zoned R-1, R-2 , R-3 , R-4, R-5, C-1, C-2 , or I-1 . 33. 5. 3. 2 Loading areas or STRUCTURES so long as such loading areas or STRUCTURES are SCREENED from ADJACENT properties zoned R-1, R-2 , R-3, R-4, R-5, C-1, C-2 , or I-1. 33 . 5 . 3 . 3 Storage BUILDINGS for materials used in the conduct of Uses Allowed by Right ; 30-25 944 BOOK RECEPTION .1SEa`i(143. BOOK 945 RECEPTION 1867328 33. 534 y�� Outdoor storage areas so long y such areas are SCREENED from ADJACENT properties zoned R- 1, R-2, R-3, R-4, R-5, C-1, C-2, or I-1. 33. 5.3. 5 Stores and shops furnishing convenience goods for USE primarily by the traveling public, not including stores or shops with GROSS FLOOR AREAS larger than three thousand (3 , 000) square feet. Examples include : convenience food stores, souvenir shops, and coin operated laundries ; 33. 5.3. 6 Repair garages or shops ; 33. 5.3. 7 One (1) SINGLE FAMILY DWELLING UNIT or one (1) MOBILE HOME when USED as living quarters for caretakers or security personnel responsible for maintaining or guarding the sub- ject to the property,provisions of Section 43 .3 . 33. 5.4 Uses by Special Review in the C-4 District . The following BUILDINGS, STRUCTURES, and USES may be constructed, occupied, operated, and maintained in the C-4 District upon approval of a permit in accordance with the require- ments of Section 24, Uses by Special Review. 33. 5.4. 1 Microwave, radio, television or other communi- cation towers over forty-five (45) feet in height (measured from ground level) ; 33. 5. 4. 2 OIL AND GAS PRODUCTION FACILITIES. 33. 5.4.3 ACCESSORY DWELLING UNITS or MOBILE HOME in addition to the DWELLING UNIT allowed under Section 33. 5.3. 7. 33. 5. 5 Site Plan Review Required. It shall be necessary that the applicant for a building permit in the C-4 District certify and state that the performance standards and district requirements that are applicable to the DE- VELOPMENT and USE of property zoned C-4 have been or shall be complied with according to the intent of Section 23, Site Plan Review. 33. 5. 6 Performance Standard Compliance Required. All BUILDINGS , STRUCTURES , and land located in the C-4 District shall be located, designed, used and occupied in such a manner that the design and operation standards contained in Section 33. 6, Performance Standards , are met . 33. 5. 7 Bulk Requirements (see Performance Standards , Section 33. 6) . 30-26 944 18t,5933 q(� BOOK RECEPTION BOOK45 RECEPTION 186'732$ a3/"Hr 173 1/" 33. 6 Performance Standards. All BUILDINGS, STRUCTURES and land located in the Commercial Districts shall be located, de- signed, USED and occupied in accordance with the design and operation standards enumerated below. 33. 6 . 1 Design Standards. The applicant for a build- ing permit shall certify, according to the intent of Section 23 , Site Plan Review, that the following performance standards and the specific zone district requirements have been met . Additionally, the applicant shall certify that compliance with these performance standards shall continue once the USE, BUILDING or STRUCTURE is constructed and in operation. 33. 6. 1 . 1 Storm Water Management. All users of land in the Commercial Districts shall provide and maintain storm water retention facilities designed to retain the storm water runoff in excess of historic flow from the undeveloped site. The storm water retention facility on a developed site shall be designed for a 100 year storm. The storm water retention faci- lity shall be designed and operated to release the retained water at a quantity and rate not to exceed the quantity and rate of a five year storm falling on the undeveloped site . 33 . 6 . 1 . 2 Parking. Sufficient SCREENED, off street , paved parking areas shall be provided in the Commercial Districts to meet the requirements of employees , company vehicles , visitors and customers of the Uses Allowed by Right and ACCESSORY USES . For detailed parking require- ments see Section 41 . 1 Offstreet Parking Requirements . 33 . 6 . 1. 3 STREET Access . LOTS in the Commercial Dis- tricts shall have safe access to an approved PUBLIC or private STREET. The design desig- nation of any STREET or highway as to type shall be in conformance with that shown on the Weld County Thoroughfare Plan and/or the MASTER PLAN of the affected municipality. Vehicular ingress and egress shall be per- mitted only via the following types of STREETS : 33. 6. 1 . 3 . 1 ARTERIAL. 33. 6 . 1. 3. 2 COLLECTOR, when that COLLECTOR STREET does not serve any Residential District before inter- secting an ARTERIAL. 33. 6. 1 . 3 . 3 FRONTAGE or SERVICE ROAD. 30-27 944 186593;3 Qt 1869 2s BOOK RECEPTION BOOIN45 RECEPTION .... .,.,. 023/-A&o 33. 6. 1 . 3 . 4 LOCAL, when the LOCAL STREET is internal to the Commercial District and does not serve any Residential District LOTS . 33 . 6 . 1. 3 . 5 New accesses to PUBLIC rights-of-way shall be constructed using the minimum standards below. Designs exceeding these minimums may be re- quired by the Weld County Department of En- gineering Services depending upon the number and type of vehicles generated by the USE proposed. size of drainage structure 12" diameter length of drainage structure 20 ' depth of cover over pipe 12" width of access 15 ' maximum grade of access 15% flare radius 20 ' depth of surfacing 4" 33 . 6. 1 . 3 . 6 Acceleration/deceleration lanes shall be provided where required by the Weld County Department of Engineering Services or the Colorado Division of Highways to provide safe, efficient access to ARTERIAL or COLLECTOR STREETS . 33 . 6 . 1. 4 Required yards 33. 6. 1. 4. 1 SETBACK. No USE or ACCESSORY USE may be located closer than twenty five (25) feet to the existing or proposed (whichever represents the greater right-of-way width) highway or STREET right-of-way. Off street parking areas may be permitted in the required SETBACK area when the area is SCREENED from direct view of persons on the PUBLIC rights-of-way. 33. 6. 1. 4. 2 OFFSET. No USE or ACCESSORY USE may be lo- cated closer than ten (10) feet to its LOT line. Off street parking areas may be per- mitted in the required OFFSET area when the area is SCREENED from ADJACENT LOTS zoned R-1 , R-2 , R-3 , R-4, or R-5 . 33. 6. 1 . 5 Required LANDSCAPED Areas 33. 6. 1. 5 . 1 No more than eighty-five percent (85%) of the total area of a LOT in any Commercial District shall be covered. Land shall not be deemed covered if it is used for growing grass , shrubs , trees , plants or flowers or if covered by decorative gravels or wood chips , or if it is otherwise suitably LANDSCAPED. 30-28 944 1867328 BOOK RECEPTION 18h593:3 3 3/-/y7 j BocQ4 S RECEPTION 33 . 6. 1. 5. 2 That portion of a LOT in any ommercial Dis- trict which abuts a PUBLIC or private STREET right-of-way shall be LANDSCAPED for a dis- tance of ten (10) feet , measured at a right angle from the LOT line towards the interior of the LOT. Sidewalks and driveways may pass through the required LANDSCAPED areas . 33. 6. 1. 6 Trash collection or storage areas or faci- lities shall be located, designed and used in a manner that will prevent wind or animal scattered trash. Trash collection or storage areas or facilities in the Commercial Dis- tricts shall be SCREENED from ADJACENT PUBLIC rights-of-way or ADJACENT properties zoned other than I-3 or C-3 . 33 . 6. 1 . 7 Water Supply. USES located in the Commercial Districts shall have an adequate source of potable water. 33 . 6. 1. 8 Sewage Disposal. USES located in the Com- mercial Districts shall have adequate sewage disposal facilities . 33. 6. 2 Operation Standards . USES in the Commercial Districts shall demonstrate conformance with 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 of the USES permitted shall conform to these standards . 33. 6. 2 . 1 Noise. USES and STRUCTURES in the Commercial Districts shall be located, designed and operated in accordance with the noise stan- dards as established in 25-12-101 C. R. S . , 1973 , as amended. 33. 6. 2. 2 Air Quality. USES in the Commercial Districts shall be located, designed and operated in accordance with the air quality standards established by the Colorado Air Pollution Control Commission. 33. 6. 2. 3 Water Quality. USES in the Commercial Dis- tricts shall be located, designed and operated in accordance with the water quality control standards established by the Colorado Water Quality Control Commission. 30-29 944 18;5933 BOOK RECEPTION 945 1867328 JJ/-/Vd BOOK...__... RECEPTION _ ',311a. 33 . 6. 2.4 Radiation and Radioactive Materials . The handling, USE, storage and processing of radioactive materials shall be in accordance with the applicable regulations of the State of Colorado and the United States Government. 33. 6. 2. 5 Heat . USES located within the Commercial Districts shall not emit heat in such an amount sufficient to raise the temperature of the air or of materials at or beyond the LOT line more than five (5) degrees Fahrenheit . 33. 6. 2. 6 Light . Any lighting , including light from high temperature processes such as welding or combustion, shall be designed, located and operated in such a manner as to meet the following standards : sources of light shall be shielded so that beams or rays of light will not shine directly onto ADJACENT pro- perties ; neither the direct or reflected light from any light source may create a traffic hazard to operators of motor vehicles on PUBLIC or private STREETS ; no colored lights may be used which may be confused with or construed as traffic control devices . 33 . 6. 2 . 7 Property Maintenance. Property located within the Commercial Districts shall be maintained in such a manner that grasses and weeds are not permitted to grow taller than twelve (12) inches . In no event shall the property owner allow the growth of NOXIOUS WEEDS. 34 Industrial Districts 34. 1 Intent . The purpose of the Industrial Districts is to provide protective zones for the DEVELOPMENT and operation of industrial USES . The regulations contained herein have been established so as to provide a healthful operating environment for industry; to protect industry from the encroachment of commercial and residential USES which may be adverse to the operation and expansion of such industry; to protect industries within the district from the adverse effect of other, incompatible industries ; to reduce to a minimum the impact of industries on surrounding, nonindus- trial land USES to prevent detrimental impacts which may negatively affect the future USE or DEVELOPMENT of ADJACENT properties or the general NEIGHBORHOOD as defined by the COMPREHENSIVE PLAN; and to promote the health, safety and general welfare of the present and future residents of Weld County. 30-30 944 1865931 445 186'7328 BOOK RECEPTION .23( . /i/10 BOOK......._... RECEPTION......._.._.._. 34. 2 I-1 (Industrial) District O131- /y? 34. 2. 1 Intent. The purpose of the I-1 District is to provide a zone to accomodate industrial USES which create minimal negative visual impacts . 34. 2. 2 Uses Allowed By Right in the I-1 District . No BUILDING, STRUCTURE or land shall be Used in the I-1 District and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained, except for one or more of the following USES. The USES must be conducted in compliance with the Performance Standards contained in Section 34. 5 34. 2 . 2. 1 Any USE of a research, repairing, manufac- turing, fabricating, processing , assembling , or storage nature may be conducted in the I-1 District as long as such USE is conducted only within ENCLOSED BUILDINGS. 34. 2. 2. 2 Areas for parking passenger vehicles with a gross vehicle weight less than 6, 000 pounds so long as such parking areas are SCREENED from the PUBLIC rights-of-way or on ADJACENT pro- perties . UnENCLOSED parking of vehicles with a gross vehicle weight over 6, 000 pounds is not permitted in the I-1 District . 34. 2 . 2 . 3 SIGNS, as long as the SIGNS are located and designed in accordance with the requirements of Section 42. 34. 2. 2. 4 UTILITY SERVICE FACILITIES. 34. 2 . 2 . 5 PUBLIC SCHOOL extension classes . 34. 2. 3 Accessory Uses in the I-1 District . The BUILDINGS , STRUCTURES, and USES may be allowed in the I-1 District so long as they are in- cidental and ACCESSORY to the Uses Allowed by Right . Such BUILDINGS , STRUCTURES and USES must be designed, constructed and operated in conformance with the Performance Standards set forth in Section 34. 5. 34. 2. 3 . 1 OFFICES for USE by operators of the Uses Allowed by Right . 34. 2 .3. 2 Loading areas or STRUCTURES only when SCREENED from the ADJACENT PUBLIC rights-of-way or AD- JACENT properties . 30-31 944 186593:3 945 1867328 BOOK RECEPTION 13i- ,s'O B00K..._ RECEPTION.......„..„„ 34. 2. 3. 3 Parking areas or STRUCTURES for passenger vehicles with a gross vehicle weight less than 6, 000 pounds only when the vehicles are SCREENED from the ADJACENT PUBLIC rights-of- way or on ADJACENT properties . 34. 2. 3. 4 One (1) SINGLE FAMILY DWELLING UNIT or MOBILE HOME when used as living quarters for care- takers or security personnel responsible for maintaining or guarding the property, subject to the provisions of Section 43 .3 . 34. 2. 3. 5 Recreational facilities for the USE of persons employed in the conduct or maintenance of the USES allowed on the property. 34. 2. 3. 6 Retail sales , when ACCESSORY to USES of manu- facturing, fabricating, or assembling. 34. 2.4 Uses by Special Review in the I-1 District. The following BUILDINGS , STRUCTURES and USES may be constructed, occupied or maintained in the I-1 District upon the approval of a permit in accordance with the requirements and pro- cedures set forth in Section 24, Uses by Special Review. 34. 2.4. 1 ACCESSORY DWELLING UNITS or MOBILE HOME in addition to the DWELLING UNITS allowed under Section 34. 2. 3. 4; 34. 2. 4. 2 OIL AND GAS PRODUCTION FACILITIES; 34. 2. 4.3 AIRSTRIPS when they are ACCESSORY to the Use Allowed by Right ; 34. 2.4.4 Microwave, radio, television or other communi- cation towers over forty-five (45) feet in height (measured from ground level) . 34. 2. 5 Site Plan Review Required. It shall be necessary that the applicant for a building permit in the I-1 District certify and state that the performance standards and district requirements that are applicable to the DE- VELOPMENT and USE of property zoned I-1 have been or shall be complied with according to the intent of Section 23 , Site Plan Review. 34.2. 6 Performance Standard Compliance Required. All BUILDINGS , STRUCTURES , and land located in the I-1 District shall be located, designed, used and occupied in such a manner that the design and operation standards contained in Section 34. 5, Performance Standards , are met. 30-32 944 1865933 BOOK 945 RECEPTION 1867328 BOOK RECEPTION........... ..„ .� / /s! 3/„ /5( 34. 2 . 7 Bulk Requirements (see Performance Standards, Section 34. 5) . 34. 3 I-2 (Industrial) District 34. 3 . 1 Intent. The purpose of the I-2 District is to provide a zone to accommodate industrial USES which cannot conform to the stringent visual impact requirements of the I-1 District and which do not want to be subjected to the potential adverse visual impacts permitted in the I-3 District . The intent is to permit industries which may create moderate visual impacts . 34. 3 . 2 Uses Allowed by Right in the I-2 District . No BUILDING, STRUCTURE or land shall be USED and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained, except for one or more of the following USES which must be conducted in compliance with the Performance Standards contained in Section 34. 5 : 34. 3. 2. 1 Any USE of a research, repairing, manufac- turing , fabricating , processing , assembling, or storage nature may be conducted in the I-2 District . The USES identified may be con- ducted outside of an ENCLOSED building pro- vided that the USE and/or operations of the USE are SCREENED from ADJACENT PUBLIC rights- of-way and ADJACENT properties zoned R-1 , R-2 , R-3 , R-4, R-5, C-1, C-2 , C-4, or I-1 . 34. 3. 2. 2 Areas for parking vehicles or equipment , so long as such parking areas are SCREENED from the ADJACENT PUBLIC rights-of-way and on ADJACENT properties zoned R-1 , R-2 , R-3 , R-4, R-5 , C-1, C-2, C-4, or I-1. 34. 3. 2. 3 SIGNS , as long as the SIGNS are located and designed in accordance with the requirements of Section 42. 34. 3. 2. 4 UTILITY SERVICE FACILITIES. 34. 3 . 2. 5 PUBLIC SCHOOL extension classes . 34.3. 3 Accessory Uses in the I-2 District . The following BUILDINGS , STRUCTURES, and USES may be allowed in the I-2 Districts so long as they are clearly incidental and ACCESSORY to the Use Allowed by Right . Such BUILDINGS , STRUCTURES and USES must be designed, con- structed and operated in conformance with the Performance Standards set forth in Section 34. 5. 30-33 944 945 1869328 2 S' BOOK RECEPTIONS !E 223. ± _ ,.131' BOOK RECEPTION 34. 3. 3. 1 OFFICES for use by operators of the Use Al- lowed by Right . 34. 3. 3. 2 Loading areas or STRUCTURES only when SCREENED from the ADJACENT PUBLIC rights-of-way and on ADJACENT properties zoned R-1, R-2, R-3 ,R-4, R-5, C-1, C-2, C-4, or I-1. 34.3 . 3. 3 Parking areas or STRUCTURES for vehicles or equipment , so long as the vehicles or equip- ment are SCREENED from the ADJACENT PUBLIC rights-ofway and on ADJACENT properties zoned R-1, R-2, R-3, R-4, R-5, C-1, C-2, C-4, or I- 1. 34.3. 3. 4 One (1) SINGLE FAMILY DWELLING UNIT or one (1) MOBILE HOME when USED as living quarters for caretakers or security personnel responsible for maintaining or guarding the property, sub- ject to the provisions of Section 43 .3 . 34.3. 3. 5 Recreational facilities for the USE of persons employed in the conduct or maintenance of the USES allowed on the property. 34.3. 3. 6 Retail sales , when ACCESSORY to USES of manu- facturing, fabricating or assembling. 34. 3.4 Uses by Special Review in the I-2 District. The following BUILDINGS , STRUCTURES and USES may be constructed, occupied or maintained in the I-2 District upon the approval of a permit in accordance with the requirements and pro- cedures set forth in Section 24, Uses by Special Review. 34.3.4. 1 ACCESSORY DWELLING UNITS or MOBILE HOMES in addition to the DWELLING UNIT allowed under Section 33 .3.3 . 4; 34. 3. 4. 2 OIL AND GAS PRODUCTION FACILITIES ; 34.3. 4.3 AIRSTRIPS when they are ACCESSORY to the Use Allowed by Right ; 34. 3. 4.4 Microwave, radio, television or other communi- cation towers over forty-five (45) feet in height (measured from ground level) . 34.3. 5 Site Plan Review Required. It shall be neces- sary that the applicant for a building permit in the I-2 District certify and state that the performance standards and district requirements 30-34 945 1867328 1865933 BOOK RECEPTION Boo 944 RECEPTION `? 3/- /33 that are applicable to the DEVELOPMENT and USE of property zoned I-2 have been or shall be complied with according to the intent of Section 23 , Site Plan Review. 34. 3 . 6 Performance Standard Compliance Required. All BUILDINGS , STRUCTURES, and land located in the I-2 Districts shall be located, designed, USED and occupied in such a manner that the design and operation standards contained in Section 34. 5, Performance Standards , are met . 34. 3. 7 Bulk Requirements (see Performance Standards , Section 34. 5) . 34. 4 I-3 (Industrial) District 34.4. 1 Intent . The purpose of the I-3 District is to provide a zone to accommodate industrial USES which may create adverse visual impacts for ADJACENT USES . As a result , such USES may require locations relatively isolated from other land USE types . 34. 4. 2 Uses Allowed by Right in the I-3 District . No BUILDING, STRUCTURE or land shall be used and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained, except for one or more of the following USES which must be conducted in compliance with the Performance Standards contained in Section 34. 5 . 34. 4. 2. 1 Any USE of a research, repairing , manufac- turing, fabricating, processing, assembling, or storage nature may be conducted in the 1-3 District . 34. 4. 2. 2 SIGNS, as long as the SIGNS are located and designed in accordance with the requirements of Section 42 . 34.4. 2. 3 Parking of vehicles and equipment . 34. 4. 2. 4 UTILITY SERVICE FACILITIES . 34.4. 2. 5 PUBLIC SCHOOL extension classes . 34. 4. 2 . 5 OIL AND GAS PRODUCTION FACILITIES. 34. 4. 3 Accessory Uses in the I-3 District . The following BUILDINGS , STRUCTURES , and USES may be allowed in the 1-3 District so long as they are clearly incidental and ACCESSORY to the 30-35 944 181>5933 945 1867328 BOOK RECEPTION �� - �3-y BOOK....... ... RECEPTION_......_.._.,YR-7S, Use Allowed by Right. Such BUILDINGS , STRUC- TURES and USES must be designed, constructed and operated in conformance with the Perfor- mance Standards set forth in Section 34. 5. 34.4.3. 1 OFFICES for USE by operators of the Use Al- lowed by Right . 34. 4.3. 2 Loading areas or STRUCTURES. 34. 4. 3.3 Parking areas or STRUCTURES. 34. 4.3.4 One (1) SINGLE FAMILY DWELLING UNIT or one (1) MOBILE HOME when USED as living quarters for caretakers or security personnel responsible for maintaining or guarding the property, sub- ject to the provisions of Section 43.3 . 34. 4.3. 5 RECREATIONAL FACILITIES for the USE of persons employed in the conduct or maintenance of the USES allowed on the property. 34.4. 3. 6 Retail sales , when ACCESSORY to USES of manu- facturing, fabricating or assembling. 34.4.4 Uses by Special Review in the I-3 District. The following BUILDINGS , STRUCTURES and USES may be constructed, occupied or maintained in the I-3 District upon the approval of a permit in accordance with the requirements and pro- cedures set forth in Section 24, Uses by Special Review. 34. 4. 4. 1 ACCESSORY DWELLING UNITS or MOBILE HOME in addition to the DWELLING UNIT allowed under Section 34. 4.3.4; 34.4. 4. 2 AIRSTRIPS when they are ACCESSORY to the Use Allowed by Right; 34.4. 4.3 Microwave, radio, television or other communi- cation towers over forty-five (45) feet in height (measured from ground level) . 34.4. 4.4 MAJOR FACILITIES OF PUBLIC UTILITIES. 34. 4. 5 Site Plan Review Required. It shall be neces- sary that the applicant for a building permit in the I-3 District certify and state that the performance standards and district require- ments that are applicable to the DEVELOPMENT and USE of property zoned I-3 have been or shall be complied with according to the intent of Section 23, Site Plan Review. 30-36 944 1867328 1865933 .2 31- /f3 BOOK945 RECEPTION BOOK RECEPTION_ 04S/13-S- 34. 4767---Performance Standard Compliance Required. All BUILDINGS , STRUCTURES , and land located in the I-3 District shall be located, designed, USED and occupied in such a manner that the design and operation standards contained in Section 34. 5 , Performance Standards , are met . 34. 4. 7 Bulk Requirements (see Performance Standards , Section 34. 5) . 34. 5 Performance Standards. All BUILDINGS , STRUCTURES , and land located in the Industrial Districts shall be located, de- signed, used, and occupied in accordance with the design and operation standards enumerated below. 34. 5 . 1 Design Standards . The applicant for a building permit shall certify, according to the intent of Section 23 , Site Plan Review, the the following performance standards and the specific zone district requirements have been met . Addi- tionally, the applicant shall certify that compliance with these performance standards shall continue once the USE , BUILDING or STRUCTURE is constructed and in operation. 34. 5. 1. 1 Storm Water Manaement . All USERS of land in the Industrial Districts shall provide and maintain storm water retention facilities designed to retain the storm water runoff in excess of historic flow from the undeveloped site. The storm water retention facility on a developed site shall be designed for a 100 year storm. The storm water retention faci- lity shall be designed and operated to release the retained water at a quantity and rate not to exceed the quantity and rate of a five year storm falling on the undeveloped site. 34. 5 . 1. 2 Parking. Sufficient SCREENED, off street , paved parking areas shall be provided in the Industrial Districts to meet the requirements of employees , company vehicles , visitors and customers of the Uses Allowed by Right and ACCESSORY USES . For detailed parking requirements see Section 41. 1 Offstreet Parking Require- ments . 34. 5 . 1. 3 Loading Areas . Loading areas in the Indus- trial Districts shall be located, designed and constructed in a manner that is in conformance with the standards below. 30-37 1865933 BOOK 944 RECEPTION ,?3/- "3' 6 BOOK 945 RECEPTION 1867325 34. 5 . 1 . 3. 1 Sufficient space shall be provided in loading areas to accommodate the vehicles being loaded or unloaded without encroachment upon neigh- boring property or rights-of-way. Said load- ing areas shall be paved. 34. 5 . 1. 3. 2 Loading areas located within the I-1 and I-2 Districts shall be designed to comply with the appropriate use regulations under either Section 34. 2 or Section 34. 3. 34. 5. 1. 4 STREET Access . Lots in the Industrial Dis- tricts shall have safe access to an approved PUBLIC or private STREET. The design desig- nation of any STREET or highway as to type shall be in conformance with that shown on the Weld County Thoroughfare Plan and/or the MASTER PLAN of the affected municipality. Vehicular ingress and egress shall be per- mitted only via the following types of STREETS : 34. 5 . 1. 4. 1 ARTERIAL. 34. 5 . 1. 4. 2 COLLECTOR, when that COLLECTOR STREET does not serve any Residential District before inter- secting an ARTERIAL. 34. 5 . 1 . 4. 3 FRONTAGE or SERVICE ROAD. 34. 5. 1. 4. 4 LOCAL, when the LOCAL STREET is internal to the Industrial District and does not serve any Residential District LOTS. 34. 5. 1.4. 5 New accesses to PUBLIC rights-of-way shall be constructed using the minimum standards below. Designs exceeding these minimums may be re- quired by the Weld County Department of En- gineering Services depending upon the number and type of vehicles generated by the USE proposed. size of drainage structure 12" diameter length of drainage structure 20 ' depth of cover over pipe 12" width of access 15 ' maximum grade of access 15% flare radius 20 ' depth of surfacing 4" 34. 5. 1 . 5 Acceleration/deceleration lanes where required by the Weld County Department of Engineering Services or the Colorado Division of Highways to provide safe, efficient access to ARTERIAL or COLLECTOR STREETS . 30-38 944 1885933 945 186932 BOOK RECEPTION '?`�(� /S BOOK RECEPTION 34. 5 . 1. 6 Required yards o2,3(-/S7 34. 5 . 1. 6. 1 SETBACK. No USE or ACCESSORY USE may be located closer than twenty five (25) feet to the existing or proposed (whichever represents the greater right-of-way width) highway or STREET right-of-way. Off street parking areas may be permitted in the required SETBACK area when the area is SCREENED from direct view of persons on the PUBLIC rights-of-way. 34. 5. 1. 6. 2 OFFSET. All USES and ACCESSORY USES must be OFFSET ten (10) feet or one (1) foot for every two (2) feet of BUILDING HEIGHT containing the USE, whichever is greater . Off street parking areas may be permitted in the required OFFSET area when the area is SCREENED from ADJACENT properties . 34. 5. 1. 7 Required Landscaped Areas 34. 5. 1 . 7 . 1 No more than 85% of the total area of a LOT in any Industrial District shall be covered. Land shall not be deemed covered if it is used for growing grass , shrubs , trees , plants or flowers or if covered by decorative gravels or wood chips , or if it is otherwise suitably LANDSCAPED. 34. 5. 1 . 7 . 2 That portion of a LOT in any Industrial Dis- trict which abuts a PUBLIC or private STREET right-of-way shall be landscaped for a dis- tance of ten (10) feet , measured at a right angle from the LOT line towards the interior of the LOT. Sidewalks and driveways may pass through the required LANDSCAPED areas . 34. 5. 1 . 8 Trash collection or storage areas or faci- lities shall be located, designed and used in a manner that will prevent wind or animal scattered trash. In addition, trash collec- tion or storage areas or facilities in the I-1 Districts shall be SCREENED from ADJACENT PUBLIC rights-of-way or on ADJACENT proper- ties . In the I-2 District , such areas or facilities shall be SCREENED from ADJACENT PUBLIC rights-of-way. 34. 5. 1 . 9 Water Supply. USES located in the Industrial Districts shall have an adequate source of potable water. 34. 5. 1. 10 Sewage Disposal. USES located in the In- dustrial Districts shall have adequate sewage disposal facilities . 30-39 186593 945 1867328 3 BOOK RECEPTION RECEPTION „,,,, " 3/. 'S-r BOOK RECEPTION a3/- /3 , 34. 5. 2 Operation Standards. USES in the Industrial Districts shall demonstrate conformance with 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 of the USES permitted shall conform to these standards . 34. 5. 2. 1 Noise. USES and STRUCTURES in the Industrial Districts shall be located, designed and operated in accordance with the noise stan- dards as established in 25-12-101 C. R. S . , 1973 , as amended. 34. 5. 2 . 2 Air Quality. USES in the Industrial Districts shall be located, designed and operated in accordance with the air quality standards established by the Colorado Air Pollution Control Commission. 34. 5. 2 . 3 Water Quality. USES in the Industrial Dis- tricts shall be located, designed and operated in accordance with the water quality control standards established by the Colorado Water Quality Control Commission. 34. 5 . 2 . 4 Radiation and Radioactive Materials . The handling, use, storage and processing of radioactive materials shall be in accordance with the applicable regulations of the State of Colorado and the United States Government . 34. 5. 2. 5 Heat. USES located within the Industrial Districts shall not emit heat in such an amount sufficient to raise the temperature of the air or of materials at or beyond the LOT line more than five (5) degrees Fahrenheit. 34. 5 . 2. 6 Light. Any lighting, including light from high temperature processes such as welding or combustion, shall be designed, located and operated in such a manner as to meet the following standards : sources of light shall be shielded so that beams or rays of light will not shine directly onto ADJACENT pro- perties ; neither the direct or reflected light from any light source may create a traffic hazard to operators of motor vehicles on PUBLIC or private STREETS ; no colored lights may be used which may be confused with or construed as traffic control devices . 30-40 944 1865933 ;9i- /S? BOOK 945 1867328 BOOK RECEPTION ... RECEPTION ? ?/_ /.51 /_ 75 p 34. 5. 2. 7 Property Maintenance. Property located witin the Industrial Districts shall be maintained in such a manner that grasses and weeds are not permitted to grow taller than twelve (12) inches . In no event shall the property owner allow the growth of NOXIOUS WEEDS. 35 PUD (PLANNED UNIT DEVELOPMENT) DISTRICT 35 . 1 Intent. The PUD (Planned Unit Development) District is intended to allow an alternative means for property owners to apply flexibility in developing their land which may not be possible under the normal application of the Zoning Ordinance and Subdivision Regulations . The PUD District is not intended to be used to circumvent or distort the poli- cies and objectives of the Weld County Comprehensive Plan, the Zoning Ordinance and the Subdivision Regulations . The objectives of the PUD (Planned Unit Development) District are to : encourage flexibility and variety in the develop- ment of land to promote its most appropriate use; improve the design, character, and quality of new development ; facilitate the adequate and economical provision of public and private services ; preserve the natural and scenic fea- tures of the development area; encourage an integrated planning approach; and ensure compatibility with Weld County' s Comprehensive Plan and Subdivision Regulations . Weld County is authorized to regulate Planned Unit Develop- ments by Section 24-67-101 , et. seq. , Colorado Revised Statutes , 1973, as amended. 35 . 2 Permitted Uses in the PUD District 35. 2. 1 A PUD District may include any BUILDING, STRUCTURE or USE as found to be appropriate under the review and approval procedures in Section 28 . DEVELOPMENT is allowed only in those parts of a PUD District which are included in an approved and recorded PUD Plan. USES within the PUD District shall also be subject to the additional requirements con- tained in Section 40, Supplementary District Regulations and Section 50, Overlay Districts . 35. 2. 2 USES within a PUD District shall be described by tract within a PUD District . This descrip- tion shall give a clear indication of the type of USE to take place within the tract and a brief description of the type of BUILDINGS and STRUCTURES to be associated with those USES . This description shall be in adequate detail to determine density, COMMON OPEN SPACE, major vehicle and pedestrian circulation, water and sewer facilities , and the buffering or SCREEN- ING. 30-41 945 944 1865933 ,?3/_ /b o BOOK••- RECEPTION....186'732 BOOK RECEPTION �.? 4��6 0 35. 2. 3 W Each approved PUD District is considered unique, and the location of USES described by tract within a PUD District cannot be altered unless an amendment to the PUD District is approved as a new PUD District under the PUD change of zone procedure in Section 28 of this Ordinance. 35 . 3 Performance Standards . All BUILDINGS , STRUCTURES and land USES in the PUD District shall be located, designed, used, and occupied in accordance with the standards enumerated below. 35. 3. 1 Density. The density of land USES within a PUD District shall be designed to be compa- tible with other USES within the PUD District . Compatibility of USES shall be determined by their harmony, carrying capacity, character, and buffering or SCREENING. 35. 3. 2 COMMON OPEN SPACE. COMMON OPEN SPACE shall be provided in a PUD District. The amount and type of COMMON OPEN SPACE shall be propor- tioned according to the type of USES , BUILD- INGS or STRUCTURES to be contained in the PUD District . COMMON OPEN SPACE shall be designed to be useful to the occupants and residents of the PUD District for recreational and scenic purposes . The COMMON OPEN SPACE in a PUD District shall be owned and maintained in perpetuity by an organization established solely for such ownership and maintenance purposes . 35. 3. 3 Water and Sewer Provisions . A PUD District shall be serviced by an adequate water and sewer system. 35. 3. 4 Circulation. Development within a PUD Dis- trict shall be designed and constructed to include adequate, safe and convenient arrange- ments for pedestrian and vehicular circula- tion, off-street parking and loading space. Pedestrian and vehicular circulation shall relate to the circulation system external to a PUD District . All STREETS within the PUD District , whether private or PUBLIC, shall be designed and constructed to meet the require- ments of the Official Weld County Construction Standards and the Official Weld County Sub- division Regulations . 30-42 944 1865933 945 1867328 BOOK RECEPTION 3f ICI BOOK RECEPTION 35 . 3 . 5 Y Buffering and Screening. USES , BUILDINGS, or STRUCTURES within a PUD District that would not be compatible with other USES, BUILDINGS , or STRUCTURES within and ADJACENT to a PUD District shall be adequately buffered and SCREENED to make their appearance and opera- tion harmonious to the surrounding USES . 35 . 3. 6 The normal Bulk Requirements for minimum SETBACK, minimum OFFSET, minimum LOT size, minimum LOT area per STRUCTURE, maximum height of BUILDINGS, and LOT coverage may be varied as specified in a PUD District Final Plan. All other performance standards applicable to a PUD District may be required to be as strict as the performance standards contained in the zoning district in which the USE would usually be allowed. 35. 3. 7 A PUD District and any part thereof which has been approved as a PUD Plan shall be con- sidered as being in compliance with the Offi- cial Weld County Subdivision Regulations and 30-28-101 , et . seq. , CRS 1973 , as amended. The Design Standards and Improvement Agree- ments of the Subdivision Regulations shall be utilized when applicable to the PUD Plan review and DEVELOPMENT. Certain PUD Plan requirements may differ from those specifi- cally listed in the official Weld County Subdivision Regulations . 35. 3 . 8 To further the mutual interest of the resi- dents , occupants , and owners of a PUD and of the public in the preservation of the inte- grity of the PUD, the provisions of the PUD District and Plan relating to the USE of land and the location of COMMON OPEN SPACE shall run in favor of Weld County and shall be enforceable at law or in equity by the Board of County Commissioners without limitation on any power or regulation otherwise granted by law. 30-43 945 1867328 944 186;1933 BOOK RECEPTION .. BOOK RECEPTION 3/-4.1 TABLE OF CONTENTS .2,3(1‘ SECTION PAGE 40 Supplementary District Regulations 40-1 41 Offstreet Parking and Loading Requirements 40-1 42 Signs 40-5 43 Mobile Homes and Accessory Dwelling Units 40-7 44 Open-Mining 40-20 45 Supplementary Regulations for certain Uses by Special Review 40-27 944 945 isG593a BOOK 186732 BOOK............ RECEPTION...................... .0 is,-i` RECEPTION 8 _ 40 Supplementary District Regulations 7�'3 41 Offstreet Parking and Loading Requirements 41. 1 Offstreet Parking Required. The location, design, construction and number of spaces required for offset parking shall be as follows : 41. 1. 1 Location of Offstreet Parking Areas 41. 1. 1. 1 If the land USE with respect to which the offstreet parking requirements exist is con- fined to a single LOT, the offstreet parking spaces shall be within that LOT or on a dif- ferent LOT, properly zoned, not more than five hundred (500) feet distant , measured along a PUBLIC STREET or ALLEY which connects the two (2) LOTS . If the land USE is located on two (2) or more commonly owned and adjoining LOTS , the offstreet parking spaces may be located on any one or more of those LOTS or on a properly zoned LOT separated from them by not more than five hundred (500) feet , measured in the same way. 41. 1. 1. 2 Offstreet parking areas in the I or C zoning districts may be permitted within the required SETBACK or OFFSET areas so long as the parking area is SCREENED from ADJACENT properties zoned R-1, R-2, R-3 , R-4, or R-5 . 41. 1. 2 Design and Construction of Offstreet Parking Spaces 41. 1. 2 . 1 Offstreet parking areas for passenger vehicles shall be designed and constructed in com- pliance with the standards below: Parking Stall Stall Aisle Curb Angle Width to Curb Width Length Overhang Degree Feet Feet Feet Feet Feet 0° 9 9 12 23 0 30° 9 17. 3 11 18 1. 0 450 9 19 . 8 13 12 . 7 1 . 4 60° 9 21 18 10 . 4 1 . 7 90° 9 19 24 9 2. 0 40-1 944 1%5933 945 186'7328 BOOK RECEPTION ? 3/,%G q BOOK RECEPTION 41. 1. 2 . 2 757_ 14 q In offstreet parking areas for passenger vehicles with ten (10) or more spaces , 10% of the spaces may be for small cars . The dimen- sions of the small car spaces may be 15% less than the standard dimensions specified above. Such spaces shall be designated by signs which indicate that they are for small or compact cars only. 41. 1 . 2 . 3 Offstreet parking spaces including access drives shall be surfaced with gravel , asphalt , concrete or equivalent and shall be graded to prevent drainage problems . 41. 1. 2. 4 Each space shall be equipped with wheel guards or curb blocks when necessary to prevent vehicles from extending beyond the boundary of the space and from coming into contact with other vehicles , walls , fences , or plantings . 41. 1. 2 . 5 Lighting provided for offstreet parking spaces shall be arranged so as to minimize illumination onto adjoining residential USES and so as to prevent glare directed at vehi- cles on STREETS and ALLEYS . 41 . 1. 3 Number of Offstreet Parking Spaces Required. The minimum number of offstreet parking spaces for the type of land USE is as follows : USE NUMBER OF SPACES Banks , business professional 1 space/300 sq. ft . GROSS and public offices FLOOR AREA Bowling alleys 4 spaces/each alley Churches or places of worship 1 space/4 seats of rated seating capacity DWELLING UNITS , DUPLEX, for each 2 LIVING UNIT DWELLING UNITS , MULTI-FAMILY, 2 for each LIVING UNIT DWELLING UNITS , SINGLE FAMILY, 2 for each LIVING UNIT DWELLING UNITS , TRIPLEX, 2 for each LIVING UNIT Hospitals 1 space/100 sq. ft . GROSS FLOOR AREA 40-2 944 186593:3 945 1867328 BOOK....... RECEPTION • 3/ /G 5- BOOK RECEPTION .....,....73(_!4Sr HOTELS AND MOTELS 1 space/unit , plus additional spaces required by this schedule for Restaurants , etc. as required Manufacture, Research, and 2 (but in no event less Assembly, for every three than two (2) spaces for employees each 1 , 000 sq. ft . of GROSS FLOOR AREA devoted to such USE. MEDICAL AND DENTAL CLINICS 1 space/250 sq. ft . GROSS FLOOR AREA Mortuaries and Funeral Parlors 1 space/100 sq. ft . of areas open to the public , plus spaces for mortuary vehicles , plus 1 space/2 employees Office, for each two (2) 1 , plus one (1) space for employees each 500 sq. ft . of office space Nursing homes and rehabilitation 1 space/1 , 000 sq. ft . centers GROSS FLOOR AREA, plus 1 space/employee present during busiest shift Pre-Schools and child care 1 space/employee centers Primary schools (private, 1 space/employee parochial , public) Restaurant 1 space/6 seats , plus one/2 employees . In the case of facilities which sell food for consumption outside of the establishment a minimum of 20 spaces shall be provided Retail sales and service 1 space/200 sq. ft . GROSS FLOOR AREA Secondary schools (private, 1 space/employee, plus parochial , public) one/5 students Trade or business schools , and 1 space/employee, plus other post-secondary educational one for each student for institutions the schools highest rated classroom capacity. 40-3 944 1865933 1867328 BOOK RECEPTION .....� .23/- lG( BOOK 845,ECEPTION Warehouse, for every three (3) 1 (but in no event less employees than one (1) space for each 1 , 000 sq. ft . devoted to warehouse USE) Wholesale sales and service 1 space/400 sq. ft . display and sales area, plus 1 space/2 employees Any land use activity not A number of spaces otherwise identified in this determined by the Department Section 41 . 1 . 3 of Planning Services to be reasonably necessary; the requirements shall be con- sistent with the requirements set forth above for comparable USE activities . 41. 2 Offstreet Loading Required 41. 2 . 1 Offstreet loading spaces shall be required for LOTS in the I and C zoning districts . Off- street loading spaces shall be located and SCREENED to meet the requirements of the zoning district in which it is located. One offstreet loading space shall be required if the commercial or industrial USE is located in a building containing between ten thousand (10, 000) square feet and twenty thousand (20, 000) square feet of GROSS FLOOR AREA, and one additional offstreet loading space shall be required for each additional twenty thou- sand (20, 000) square feet or fraction thereof of GROSS FLOOR AREA. 41. 2. 2 Each offstreet loading space shall be at least thirty-five (35) feet in length and ten (10) feet in width and shall be unobstructed from the surface up to a height of at least fifteen (15) feet . 41 . 2. 3 Offstreet loading spaces shall be surfaced with either gravel , asphalt or concrete and shall be graded so as to prevent drainage problems . Each space should be equipped with wheel guards when necessary to prevent vehi- cles from extending beyond the boundary of this space and from coming into contact with other vehicles , walls , fences , or plantings . 40-4 944 1865933 94 BOOK............ RECEPTION ......�. ..n 6 T BOOK....... ... RECEPTION �86'y3" S 41. 2.4 Lighting provided for offstreet loading----:73/-1/4 spaces shall be arranged so as to minimize illumination onto ADJACENT residential pro- perty and so as to prevent glare directed at vehicles on STREETS and ALLEYS. 41 . 2. 5 Offstreet loading spaces shall be located in such a way that when the spaces being used to load or unload a vehicle, no part of the vehicle will occupy an ADJACENT STREET or sidewalk. 42 Signs . Signs shall be permitted in the various zoning districts according to the following regulations . Signs may also be subject to the requirements of the Colorado Depart- ment of Highways . 42 . 1 Signs in the R-1, R-2 , R-3 , R-4, and R-5 Districts 42. 1. 1 One identification sign per principal USE subject to the following : A. SINGLE FAMILY, DUPLEX, and MOBILE HOME 2 sq. ft . B. MULTI-FAMILY and TRIPLEX 16 sq. ft. C. PUBLIC & quasi-public USES 32 sq. ft . 42. 1, 2 Lighting of signs shall be by indirect illu- mination only. 42. 1. 3 "For Sale" signs for individual homes or sub- divisions may be erected for a period not to exceed one year subject to renewal by the Planning Commission upon request. Such signs shall not exceed 32 sq. ft . in area per face. 42 . 2 Signs in the A District 42 . 2. 1 All signs permitted in Section 42. 1 subject to the regulations specified. 42. 2. 2 One identification sign per principal USE, provided the sign does not exceed 16 sq. ft. in area per face. 42. 2. 3 Off-site directional signs subject to the following definition and conditions : 42. 2. 3. 1 Directional signs are signs situated on other premises than those upon which the goods , services or functions being advertised are located and giving guidance as to where, how distant , and the type of goods , services or functions which may be obtained. 40-5 945 186'7328BOOK944 RECEPTION 1865933 O?3/-4 8 BOOK......._... RECEPTION -.231-16 42. 2. 3 . 2 Such signs shall relate only to a service or product primarily available for the highway user (such as food, lodging, gas , repairs or entertainment) and available within one mile of a highway exit or in a community through which the highway passes . 42. 2. 3 . 3 Maximum area per face 150 sq. ft . 42. 2 . 3.4 Maximum height 30 ft. 42. 2. 3 . 5 Minimum setback from the right-of-way 50 ft. 42. 2. 3 . 6 Minimum spacing between signs 50 ft . 42. 2 . 3 . 7 Such signs shall not be located within 2, 000 ft . of an exit or entrance road on a limited access highway. 42 . 2. 3. 8 Such signs shall not be permitted within 300 ft . of an intersecting road, scenic or his- toric point , PUBLIC park, playground or rest area. 42 . 2 . 3. 9 Such signs shall not exceed two in any one approach direction for a given use or service. 42 . 3 Signs in the C and I Districts 42. 3 . 1 All signs permitted in Section 42 . 1 subject to the regulations specified. 42 .3. 2 Off-site directional signs and advertising signs and billboards subject to the following : 42 . 3. 2 . 1 Maximum area per face 300 sq . ft . 42. 3 . 2. 2 Maximum height 40 ft . 42. 3 . 2. 3 Minimum setback from the right-of-way 25 ft. 42. 3 . 2. 4 Minimum spacing None 42. 3 . 3 Identification signs shall be permitted as ACCESSORY USES according to the following : 42 . 3. 3. 1 Maximum number per principal area . 2 42. 3. 3. 2 Maximum area per face 150 sq. ft . 42. 3 . 3 . 3 Maximum height when adjacent to interstate interchanges 45 ft . 42. 3 . 3.4 Minimum setback from the right-of-way 15 ft . 42 . 3 . 3. 5 When attached to a wall but not above the roof line, there is no limitation on a sign used entirely for identification purposes . 40-6 944 1865933 BOOK RECEPTION ._... .. , ?3�, i� a $45 5,. RECEPTION......186�32g 42. 4 General Sign Requirements 42 .4. 1 The following signs shall be prohibited in all districts : 42.4. 1. 1 Mechanical or electrical appurtenances , such as "revolving beacons" which are obviously designed just to compel attention. 42.4. 1. 2 Flashing red, green or amber signs located within 500 feet of an intersection. 42 .4. 1 . 3 Any sign located so as to conflict with the clear and obvious appearance of PUBLIC devices controlling PUBLIC traffic. 42. 4. 2 All signs erected in a PUBLIC right-of-way by a PUBLIC agency controlling or directing traffic and private signs used exclusively to direct automobile traffic on private property shall be exempt from the provisions of this Ordinance. 43 Mobile Homes and Accessory Dwelling Units 43. 1 Permit Requirements 43. 1. 1 After the effective date of this Ordinance no MOBILE HOME or Accessory Dwelling Unit may be located or relocated in Weld County except in accordance with Section 43 . 2 or 43 . 3 of this Ordinance "Mobile Home and Accessory Dwelling Unit Uses Permitted", including the issuance of any zoning permit which may be required by that Section. In addition, each MOBILE HOME located or relocated in Weld County after the effective date of this Section must have a BUILDING permit for a MOBILE HOME issued by the Division of Building Inspections of the Department of Planning Services pursuant to the Weld County Building Code. An application for any zoning permit for a MOBILE HOME or Accessory Dwelling Unit required by Section 43 . 2 or 43. 3 shall include the following : 43. 1. 1. 1 Name, address and telephone number of the applicant. 43. 1. 1. 2 Name, address and telephone number of the owner of the land if different from Section 43 . 1. 1 . 1. 40-7 1865933 945 1867328 944 BOOK............ RECEPTION BOOK RECEPTION -.y j3/ - / 7oS j// 7a 43. 1. 1. 3 Evidence of interest in the subject land held by the applicant if the applicant is not owner of the land. 43. 1. 1.4 A legal description of the property for which the application is made. 43. 1. 1. 5 Number of acres of the property. 43. 1. 1. 6 A sketch plan of the site at the scale of one (1) inch represents fifty (50) feet or other suitable scale to show: a. The proposed location of the MOBILE HOME or Accessory Dwelling Unit, including distances from the property LOT lines and other STRUCTURES on the property. b. Access to the MOBILE HOME or Accessory Dwelling Unit, indicating whether the access is existing or proposed. c. Location and measurements of any easements or rights-of-way. d. Amount of road frontages . e. Identification of any county, state or federal roads or highways . f. Existing STRUCTURES on the property. 43. 1. 1. 7 Methods of disposal of sewage or other wastes in compliance with the requirements of the Colorado Health Department and the Weld County Department of Health Services, except for applications for TEMPORARY storage of a MOBILE HOME under subsection 43 . 2. 2 below. 43. 1. 1. 8 Methods of supplying water in such a manner as to be adequate in quality, quantity and depen- dability for the proposed use, except for applications for TEMPORARY storage of a MOBILE HOME under subsection 43. 2. 2 below. 43. 1. 1. 9 An application fee. Each request for a re- newal or extension of a TEMPORARY permit shall also be accompanied by the appropriate appli- cation fee. 43. 1. 1. 10 If the requirements of this Section 43 require the applicant to apply to the Board of County Commissioners for a permit , the applicant shall provide a certified list of the names , addresses and the corresponding Parcel Identi- fication Number assigned by the Weld County 40-8 944 1867328 1865931 B00 45.. RECEPTION BOOK RECEPTION 2 3/- / �f 37_/71 Assessor of the owners of property (the sur- face estate) within five hundred (500) feet of the property subject to the application. The source of such list shall be the records of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records, or from the records of the Weld County Clerk and Recorder. If the list was assembled from the records of the Weld County Assessor, the applicant shall certify that such list was assembled within thirty (30) days of the application submission date. 43. 2 Mobile Homes and Accessory Dwelling Units Permitted in the A District MOBILE HOMES and Accessory Dwelling Units are allowed in the A District for the following USES upon the issuance of the appropriate zoning permit according to the following re- quirements : 43. 2.1 TEMPORARY USE During Construction of Resi- dence. A zoning permit for the USE of a MOBILE HOME as a TEMPORARY DWELLING UNIT during the construction of a permanent DWEL- LING UNIT on the same LOT in the A District may be issued by the Department of Planning Services subject to the following provisions : 43. 2. 1. 1 The applicant must have a current building permit for the construction of a permanent DWELLING UNIT on the same LOT. 43. 2. 1. 2 Construction of the permanent DWELLING UNIT shall commence within ninety (90) days of issuance of the TEMPORARY permit for the MOBILE HOME and shall be diligently pursued. 43.2. 1.3 The applicant must demonstrate that adequate water and sewage disposal facilities are available. 43. 2. 1. 4 The TEMPORARY permit for occupancy of the MOBILE HOME shall be issued for a period of six months . The permit may be renewed by the Department of Planning Services for two addi- tional six month periods upon a determination by staff that construction of the permanent DWELLING UNIT is being pursued with diligence. 40-9 944 186593:3 Boo 45 1867328 BOOK RECEPTION 3/-/7 2-RECEPTION --V31-17.71 43. 2. 1. 5 The Department of Planning Services shall make its determination on the issuance of a zoning permit for a MOBILE HOME as a TEMPORARY USE during construction of a DWELLING UNIT on the basis of a signed statement by the applicant that the conditions of Sections 43 . 2. 1 . 1 through 43. 2. 1 .4 are met, upon information contained in the permit application, and upon such independent evidence as may be available or which the staff may reasonably require. 43. 2. 1. 6 Extensions of six (6) month increments beyond the above eighteen (18) month period may be granted only by the Board of County Commis- sioners . The Board of County Commissioners shall hear the application for an extension 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 lo- cated 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 meeting. Such notice is not required by Colorado State Statute and is provided as a courtesy to sur- rounding property owners (the surface estate) . Inadvertent errors by the applicant in supply- ing such list or the Department of Planning Services in sending such notice shall not create a jurisdictional defect in the permit process even if such error results in the failure of a surrounding property owner to receive such notification. The Department of Planning Services shall provide a sign for the appli- cant to post on the property in question indicating that a MOBILE HOME has been re- quested for the property, the meeting date and the Department of Planning Services telephone number at which further information may be obtained. The sign shall be posted by the applicant , who shall certify that it has been posted at least ten (10) days before the meeting date. In its review of an appli- cation, the Board of County Commissioners shall consider the good faith efforts of the applicant to pursue construction diligently and any unforeseeable or unavoidable circum- stances which may have delayed completion of construction, requiring the extension. In addition, the Board shall consider compati- bility of the MOBILE HOME with the surrounding 40-10 944 1865933 945 186'739 13 ....... RECEPTION , J/- / 73 BOOK......„.„, RECEPTION....,,,,, _ area, harmony with the character of Then--73 /-O3 /-/ 73 NEIGHBORHOOD, its effects upon the immediate area, and the general health, safety and welfare of the inhabitants of the area and the COUNTY. 43. 2. 1. 7 MOBILE HOMES permitted as a TEMPORARY USE during construction of a permanent DWELLING shall be removed within thirty (30) days after the permanent DWELLING has been occupied. 43. 2. 2 TEMPORARY Storage. A zoning permit for the TEMPORARY storage of a MOBILE HOME on a lot in the A or T District may be issued by the Department of Planning Services subject to the following provisions : 43 . 2. 2. 1 The applicant must obtain a building permit for a MOBILE HOME and must comply with all installation standards of the Weld County Building Code applicable to MOBILE HOMES ; provided, however, that no utility hookups to the MOBILE HOME of any type, including septic systems , shall be allowed. 43. 2. 2 . 2 The MOBILE HOME may not be used on any basis as a DWELLING or as overnight or TEMPORARY housing for any person. 43. 2 . 2. 3 The applicant must demonstrate that no rea- sonable alternative exists to the TEMPORARY storage of the MOBILE HOME on the land in- volved. 43. 2. 2.4 Only one zoning permit for TEMPORARY storage of a MOBILE HOME may be issued per LEGAL LOT at any one time. 43. 2. 2 . 5 The Department of Planning Services shall make its determination on the issuance of a zoning permit for the TEMPORARY storage of a MOBILE HOME on the basis of a signed statement by the applicant that the conditions of Sections 43 . 2. 2 . 1 through 43 . 2 . 2. 4 are met, upon infor- mation contained in the permit application, and upon such independent evidence as may be available or which the staff may reasonable require. 43. 2. 2. 6 A zoning permit for TEMPORARY storage of a MOBILE HOME shall be for a period of six (6) months , and is renewable for one additional six (6) month period only by grant of the Board of County Commissioners . 40-11 944 186b933 1861328 BOOK RECEPTION .».»..-........... of 31 - /7(f BoOKP45_ RECEPTION «--. e;� / 'f q 43. 2. 2. 7 The Board of County Commissioners shall hear the application for renewal of a zoning permit for TEMPORARY storage of a MOBILE HOME 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 lo- cated 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 meeting. Such notice is not required by Colorado State Statute and is provided as a courtesy to sur- rounding property owners (the surface estate) . Inadvertent errors by the applicant in supply- ing such list or the Department of Planning Services in sending such notice shall not create a jurisdictional defect in the permit process even if such error results in the failure of a surrounding property owner to receive such notification. The Department of Planning Services shall prove a sign for the applicant to post on the property in question indicating that a MOBILE HOME has been re- quested for the property, the meeting date and the Department of Planning Services telephone number at which further information may be obtained. The sign shall be posted by the applicant , who shall certify that it has been posted at least ten (10) days before the meeting date. The Board shall consider any testimony of surrounding property owners concerning the effects of the MOBILE HOME on surrounding property. The Board shall consider any testimony of surrounding property owners concerning the effects of the MOBILE HOME on surrounding property. The Board of County Commissioners shall also consider the follow- ing factors in reviewing applications for renewal of a permit for TEMPORARY storage of a MOBILE HOME : 43. 2. 2. 7 . 1 Compliance with the requirements of Sections 43 . 2. 2. 1 through 43. 2. 2.4; 43. 2. 2 . 7. 2 Compatibility of the MOBILE HOME with the surrounding area, harmony with the character of the NEIGHBORHOOD and its effect upon the immediate area; 43. 2. 2. 7. 3 The general health, safety and welfare of the inhabitants of the area and the COUNTY. 40-12 q 1865933 945 1867328 BOOK'44 RECEPTION........»..»..».» .q a 3/ - /7 5 BOOK.......»». RECEPTION 43. 2. 3 Accessory to Farm Use a ,3(-/ 7i 43 . 2. 3 . 1 A zoning permit for one MOBILE HOME or Acces- sory DWELLING UNIT in the A District as an ACCESSORY USE shall be issued by the Depart- ment of Planning Services upon a determination by the Department that : 43 . 2. 3. 1 . 1 The MOBILE HOME or Accessory DWELLING UNIT will be occupied by persons customarily em- ployed at or engaged in the operation of the USE where the MOBILE HOME or accessory DWELL- ING UNIT is located. 43 . 2.3 . 1 . 2 The MOBILE HOME or Accessory DWELLING UNIT is necessary for the effective and economic operation of the USE and/or protection of the agricultural USE. 43. 2 .3 . 1. 3 The MOBILE HOME or Accessory DWELLING UNIT will not be used as an income source by the applicant for rental to persons not princi- pally employed upon the LOT. 43. 2. 3. 1. 4 Adequate water and sewage disposal facilities are available to the MOBILE HOME or Accessory DWELLING UNIT. 43. 2 . 3 . 1. 5 The MOBILE HOME is not the first DWELLING UNIT on the parcel of land. Where the MOBILE HOME will be the first DWELLING UNIT on a parcel of land, the MOBILE HOME request shall follow the application procedures under the provisions of Section 43 . 2. 6 of this Zoning Ordinance. 43 . 2 . 3 . 2 The Department of Planning Services shall make its determination on the basis of a signed statement by the applicant that the conditions of Sections 43 . 2 . 3 . 1. 1 through 43 . 2. 3 . 1 . 5 are met , upon information contained in the permit application, and upon such independent evidence as may be available or which the staff may reasonably require. 43 . 2. 3 . 3 A zoning permit for more than one MOBILE HOME or accessory DWELLING UNIT in the A District as an ACCESSORY USE may be issued only upon approval by the Board of County Commissioners . The Board of County Commissioners shall review the application for compliance with the cri- teria set out in Section 43 . 2. 3 . 1 at a regu- larly 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 40-13 944 945 1869328 1865933 BOOK RECEPTION ?3f17 BOOK RECEPTION -- --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 meeting. Such notice is not required by Colorado State Statute and is provided as a courtesy to surrounding property owners (the surface estate) . Inadvertent errors by the applicant in supplying such list or the Department of Planning Services in sending such notice shall not create a jurisdictional defect in the permit process even if such error results in the failure of a surrounding property owner to receive such notification. The Department of Planning Services shall provide a sign for the applicant to post on the property in question indicating that a MOBILE HOME or accessory DWELLING UNIT has been requested for the property, the meeting date and the Department of Planning Services telephone number at which further information may be obtained. The sign shall be posted by the applicant , who shall certify that it has been posted at least ten (10) days before the meeting date. The Board of County Commissioners shall consider any testimony of surrounding property owners concerning the effects of the MOBILE HOME or accessory DWELLING UNIT on the surrounding properties. In addition, the Board shall consider compatibility of the MOBILE HOME or accessory DWELLING UNIT with the surrounding area, harmony with the character of the NEIGH- BORHOOD, its effects upon the immediate area, and the general health, safety and welfare of the inhabitants of the area and the COUNTY. 43. 2.3.4 All zoning permits for MOBILE HOMES as ACCES- SORY USES are temporary. Such permits shall automatically expire and the MOBILE HOME shall be removed upon the cessation of the USE of the MOBILE HOME as an ACCESSORY USE. 43.2. 4 Temporary Accessory Use During a Medical Hardship 43. 2.4. 1 MOBILE HOMES may be allowed in the A District as a temporary DWELLING UNIT in addition to the principal DWELLING UNIT upon the issuance of a zoning permit by the Board of County Commissioners upon the Board' s determination that : 40-14 944 1865933 945 1867327 BOOK RECEPTION 3/ /7 ...._....._.... 7 BOOK RECEPTION_........ 43 . 2. 4. 1 . 1 A medical hardship exists in which the person to be living in the MOBILE HOME requires the supervision and care of those persons residing in the principal DWELLING UNIT on the property (or the reverse) . 43 . 2.4. 1 . 2 That there is no reasonable alternative available to the applicant for the care of a person who needs medical supervision, and 43 . 2 . 4. 1.3 Adequate water and sewage disposal facilities are available to the MOBILE HOME , 43 . 2 . 4. 2 The Board of County Commissioners shall review the application for compliance with the criteria set out in Section 43 . 2.4. 1 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 lo- cated wtihin 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 meeting. Such notice is not required by Colorado State Statute and is provided as a courtesy to surrounding property owners (the surface estate) . Inadver- tent errors by the applicant in supplying such list or the Department of Planning Services in sending such notice shall not create a juris- dictional 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 provide a sign for the appli- cant to post on the property in question indi- cating that a MOBILE HOME has been requested for the property, the meeting date and the Department of Planning Services telephone number at which further information may be obtained. The sign shall be posted by the applicant , who shall certify that it has been posted at least ten (10) days before the meeting date. The Board shall consider any testimony of surrounding property owners concerning the effects of the MOBILE HOME on the surrounding properties . In addition, the Board shall consider compatibility of the MOBILE HOME 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. 40-15 1867328 1865933 945 944 231 - BOOK 944 ».»..., 8 BOOK..»»._... RECEPTION ......»».»»».... :131-f?! 43 . 2 . 4. 3 All zoning permits for MOBILE HOMES during a medical hardship are temporary. Such permits shall automatically expire and the MOBILE HOME shall be removed upon cessation of the medical hardship, or at any such time as the MOBILE HOME is used for other than the permitted USE . 43 . 2. 5 Temporary Accessory Use as an Office. 43 . 2. 5. 1 A zoning permit for one MOBILE HOME in the A District as an OFFICE USE accessory to the Use Allowed by Right may be issued by the Depart- ment of Planning Services upon a determination by the Department that : 43 . 2. 5. 1. 1 The MOBILE HOME or accessory OFFICE Unit is necessary for the effective and economic operation of the principal USE; 43 . 2. 5. 1 . 2 The MOBILE HOME or accessory OFFICE Unit will not be used for residential purposes ; 43 . 2. 5. 1. 3 Adequate water and sewage disposal facilities can be made available to the MOBILE HOME or accessory OFFICE Unit ; 43 . 2 . 5. 1 . 4 No reasonable alternative is available to the applicant for an OFFICE USE; 43 . 2. 5. 1. 5 The MOBILE HOME is not the first MOBILE HOME on the parcel of land. Where the MOBILE HOME will be the first unit on a parcel of land, the MOBILE HOME request shall follow the application procedures under the provisions of Section 43 . 2. 6 of this Ordinance. 43 . 2. 5. 2 The Department of Planning Services shall make its determination on the basis of a signed statement by the applicant that the conditions of the preceding section are met , upon infor- mation contained in the permit application, and upon such independent evidence as may be available or which the staff may reasonably require. 43 . 2. 5. 3 A zoning permit for more than one MOBILE HOME as an accessory OFFICE unit in the Agricul- tural District may be issued only upon the approval by the Board of County Commissioners . The Board shall review the application for compliance with the criteria set out in Sec- tion 43 . 2. 5. 1 at a regularly scheduled meeting of the Board. The Board of County Commissioners shall give notice of the application for a 40-16 186:1333 BOOK945 RECEPTION 1867328 BOOK944 RECEPTION......._.._.._. ?3/- /7 ? .. ..» 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 than ten (10) days before the scheduled meeting. Such notice is not required by Colo- rado State Statute and is provided as a cour- tesy to surrounding property owners (the surface estate) . Inadvertent errors by the applicant in supplying such list or the Department of Planning Services in sending such notice shall not create a jurisdictional defect in the permit process even if such error results in the failure of a surrounding property owner to receive such notification. The Department of Planning Services shall provide a sign for the applicant to post on the property in question indicating that a MOBILE HOME or accessory OFFICE unit has been requested for the pro- perty, the meeting date and the Department of Planning Services telephone number at which further information may be obtained. The sign shall be posted by the applicant , who shall certify that it has been posted at least ten (10) days before the meeting date. The Board shall consider any testimony of surrounding property owners concerning the effects of the MOBILE HOME or accessory OFFICE unit on sur- rounding properties . In addition, the Board shall consider the compatibility of the MOBILE HOME or accessory OFFICE unit on the surround- ing area, harmony with the character of the NEIGHBORHOOD, the effects upon the immediate area, and the general health, safety and welfare of the inhabitants of the area and the COUNTY. 43 . 2. 5. 4 All zoning permits for MOBILE HOMES as ACCES- SORY USES are temporary. Such permits shall automatically expire and the MOBILE HOME shall be removed upon the cessation of the USE of the MOBILE HOME as an accessory OFFICE USE. 43 . 2. 6 Principal DWELLING UNIT. MOBILE HOMES may be permitted in the A District as a principal DWELLING UNIT upon the issuance of a zoning permit by the Board of County Commissioners subject to the following criteria : 43. 2. 6. 1 The Board of County Commissioners shall hear the application at a regularly scheduled meeting of the Board. The Board of County Commissioners shall give notice of the appli- cation for a zoning permit and the meeting date 40-17 944 1865933 945 1667328 BOOK RECEPTION a 3/- /80 BOOK..._.._... RECEPTION...... . to those persons listed in the application as owners of property located within five hun- dred (500) feet of the parcel under considera- tion. Such notification shall be mailed, first class , not less than ten (10) days before the scheduled meeting . Such notice is not re- quired by Colorado State Statute and is provided as a courtesy to surrounding property owners (the surface estate) . Inadvertent errors by the applicant in supplying such list or the Department of Planning Services in sending such notice shall not create a jurisdictional defect in the permit process even if such error results in the failure of a surrounding property owner to receive such notification. The Department of Planning Services shall provide a sign for the applicant to post on the property in question indicating that a MOBILE HOME has been requested for the pro- perty, the meeting date and the Department of Planning Services telephone number at which further information may be obtained. The sign shall be posted by the applicant , who shall certify that it has been posted at least ten (10) days before the meeting date. The Board shall consider any testimony of surrounding property owners concerning the effects of the MOBILE HOME on surrounding property. The Board of County Commissioners shall also consider the following factors in reviewing applications for a permit for a MOBILE HOME as a principal DWELLING UNIT: 43 . 2. 6. 1. 1 Compatibility with surrounding area, harmony with the character of the NEIGHBORHOOD and its effects upon the immediate area; 43 . 2. 6. 1 . 2 Compatibility with the Weld County Compre- hensive Plan; 43 . 2 . 6. 1. 3 Availability of adequate water and sewage disposal facilities ; 43. 2 . 6. 1 . 4 The general health, safety and welfare of the inhabitants of the area and the COUNTY. 43 . 2. 6. 2 Only one (1) zoning permit for a MOBILE HOME as a principal DWELLING UNIT shall be issued for each LEGAL LOT in the A District in Weld County, Colorado . 40-18 944 1865933 BOOK.-- ....... RECEPTION........... .. .. ... .. a 3 i- S'r 94.5 1869328 BOOK..._._.... RECEPTION 43 . 3 Accessory Use in Any Commercial or Industrial Dist ict 4/ 43 . 3 . 1 One (1) MOBILE HOME is permitted as an ACCES- SORY USE to the principal USE in any C or I District , upon the issuance of a zoning permit by the Department of Planning Services after a determination by the Department that : 43 . 3 . 1 . 1 The MOBILE HOME is necessary for the effective and economic operation of the business , com- mercial or industrial activity; 43 . 3 . 1. 2 The MOBILE HOME will not be used for resi- dential purposes other than for the purpose of the protection or control of the principal USE : 43 . 3 . 1 . 3 Adequate water and sewage disposal facilities are available to the MOBILE HOME. 43. 3. 2 The Department of Planning Services shall make its determination on the basis of a signed statement by the applicant that the require- ments of Section 43 . 2 are met , upon informa- tion contained in the permit application, and upon such independent evidence as may be available or which the staff may reasonable require. 43 . 3 . 3 More than one zoning permit for a MOBILE HOME in the C or I Districts as an ACCESSORY USE to the principal USE may be issued only upon the approval by the Board of County Commissioners . The Board shall review the application for compliance with the criteria set out in Sec- tion 43 . 3 . 1 at a regularly scheduled meeting of the Board of County Commissioners . The Board of County Commissioners shall give notice of the application for a zoning permit and the meeting date to thcse 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 meeting. Such notice is not required by Colorado State Statute and is provided as a courtesy to surrounding property owners (the surface estate) . Inadvertent errors by the applicant in supplying such lict or the Department of Planning Services in sending 40-19 944 186593: BOOK... ._... RECEPTION ., ISfi'73 , .3/- / 2 BOOKS r� RECEPTION 3�- n such notice shall not create a jurisdictional defect in the permit process even if such error results in the failure of a surrounding property owner to receive such notification. The Department of Planning Services shall provide a sign for the applicant to post on the property in question indicating that a MOBILE HOME has been requested for the pro- perty, the meeting date and the Department of Planning Services telephone number at which further information may be obtained. The sign shall be posted by the applicant , who shall certify that it has been posted at least ten (10) days before the meeting date. The Board shall consider any testimony of surrounding property owners concerning the possible ef- fects of the MOBILE HOME on surrounding proper- ties . In addition, the Board shall consider the compatibility of the MOBILE HOME 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. 43 . 3.4 All zoning permits for MOBILE HOMES as ACCES- SORY USES to the principal USE in the C or I District are temporary. Such permits shall automatically expire, and the MOBILE HOME shall be removed upon the cessation of the USE of the MOBILE HOME as an ACCESSORY USE to the business , commercial or industrial activity. 44 Open-Mining Before a Special Review Permit for the location of an open mining operation, asphalt plant or batch plant (concrete) is issued, the Planning Commission and Board of County Commis- sioners shall determine through public hearings , that the following plans , maps , methods and studies , which shall accompany the application for such permits , provide adequate protection of the health, safety and welfare of the inhabi- tants of the area and the COUNTY. 44. 1 Application. Any operator desiring such a permit shall file an application in such a form as prescribed by the Weld County Planning Commission. The application shall contain the following information. 44. 1 . 1 A complete and accurate legal description of the property for which the application is made. 40-20 944 1865933 BOOK..._ . . RECEPTION _ .. �4�� 186' 328 a 3 I /83 BOOK RECEPTION air- /83 44. 1. 2 The fee owners of the surface of the area to be mined. 44. 1. 3 The fee owners of the substance to be mined. 44. 1 . 4 The source of the applicant ' s legal rights to enter and to open mine on the land affected by the permit. 44. 1 . 5 The address of the general OFFICE and the local address or addresses of the applicant . 44. 1 . 6 Whether the applicant or any affiliated person holds or has held any other permits for open cut mining and an identification of such permits . 44. 1. 7 A detailed description of the method of opera- tion. Such description shall include : 44. 1 . 7. 1 The types and numbers of operation and pro- cessing equipment to be employed. 44. 1 . 7 . 2 The number of shifts to be worked and the maximum number of employees . 44. 1. 7. 3 Whether the operation will involve a wet or dry pit . 44. 1 . 7 .4 COUNTY roads and bridges to be utilized. 44. 1. 7 . 5 The size of the area and stages to be worked at any one time. 44. 1 . 7 . 6 A time table giving the periods of time which will be required for the various stages of the operation. 44. 1. 7 . 7 The depth and thickness of the mineral deposit to be mined and the thickness of overburden to be removed. 44. 1. 7 . 8 The proposed use of reclaimed lands and an explanation of the reclamation process . 44. 1. 7 . 9 The source of technical advice in that type of reclamation for open cut mining land. 44. 1. 7 . 10 Any other information determined to be neces- sary by the Board of County Commissioners their authorized representative to insure the protection of the health, safety and welfare of the inhabitants of Weld County. 40-21 944 18f;5933 945 1867328 BOOK RECEPTION......._.._:_..,_.„ BOOK RECEPTION....... "3i- /8Y 13(-Jf`l 44. 2 Drawing Requirements . All applications shall be accompanied by the following maps which shall be delineated in drawing ink on mylar or other drafting media approved by the Depart- ment of Planning Services in the following size : twenty- four (24) inches by thirty-six (36) inches . The maps shall be prepared and certification made as to their accuracy by a registered professional engineer licensed to do such work by the State of Colorado . 44. 2. 1 Vicinity Map. The vicinity map shall be prepared at a 1" = 600 ' scale and show the following information within a one-half (2) mile distance of the proposed operation. 44. 2. 1. 1 Perimeter outline of the parcels of land to be involved in the operation. 44. 2 . 1 . 2 ADJACENT mining operations . 44. 2 . 1 . 3 Fee owners of ADJACENT surface lands . 44. 2 . 1 . 4 All residences within one-half (2) mile of the proposed operation. 44. 2 . 1. 5 The name and location of all roads , bridges , irrigation ditches , oil and gas wells and lines , utility lines and streams or other bodies of water within the scope of the map. 44. 2 . 1 . 6 The general type, thickness and distribution of soil over the parcel under consideration. Soil types shall be noted in the legend and include their suitability for agricultural USE, as well as USES proposed in the recla- mation plan. 44. 2. 1 . 7 Section, Township and Range. 44. 2 . 1 . 8 Accesses to area. 44. 2 . 1. 9 Title, scale, and north arrow. 44. 2. 1 . 10 Date with revision dates if applicable . 44. 2. 2 Extraction Plan Map. The Extraction Plan Map shall be prepared at a 1" = 100 ' scale and shall include the parcel in question, as well as features within 500 feet of the parcel boundaries . The scale of the map may be reduced to 1" = 200 ' or 1" = 300 ' upon ap- proval by the Department of Planning Services . The Extraction Plan Map shall display the following information: 40-22 944 1865933 / 945 186' 328 BOOK RECEPTION 3 7' 8 S BOOK.... . ECEPTION 31 �.s! 44. 2. 2 . 1 A plot plan of the property for which app i- cation is made . The plot plan shall delineate the boundary lines of the Special Review Permit area. 44. 2. 2. 2 The topography of the area at five (5) foot contour intervals or at intervals as deter- mined by the Board of County Commissioners or its authorized representative. 44. 2 . 2. 3 The name and location of all streams , includ- ing normally dry streams , ponds or other bodies of water, existing and proposed STRUC- TURES and LANDSCAPE features . 44. 2. 2. 4 The size and location of proposed pit areas . 44. 2. 2. 5 The phases of the operation. The legend will include the times required for each phase of the operation. 44. 2. 2. 6 The location of all proposed operating STRUC- TURES , parking areas , ingress and egress, stockpile areas , and circulation routes . The general location of equipment which will be moved as operations proceed, such as portable crushing and screening plants , shall be loca- ted on the map . 44. 2. 2 . 7 The legend shall include a complete and ac- curate legal description as prescribed by the application form. The description shall include the total acreage of the parcel . 44. 2. 2. 8 Certificates : Certificate of Responsibility; Planning Commission Certificate ; Certificate of Approval by the Board of County Commis- sioners . 44. 2. 2. 9 Title, scale, and north arrow. 44. 2. 2. 10 Date and revision dates if applicable. 44. 2. 2 . 11 Extraction Standards 44. 2 . 2 . 12 Such additional information as may be required by the Board of County Commissioners to satis- factorily explain the general requirements for the type of operation anticipated. 40-23 944 945 186'7328 BOOK RECEPTION.....1865933 3/_ �1�o BOOK..._....... RECEPTION .(3/-/1c) 44. 3 Supporting Documents . The following documents or any other similar documents shall be submitted by the applicant if deemed necessary by the Board of County Commissioners or their duly authorized representative for the protection of the health, safety and welfare of the inhabitants of Weld County. 44. 3 . 1 Applicant shall submit a copy of those Recla- mation Plans submitted to the State of Colo- rado Mined Land Reclamation Board. The Reclamation Plans must include a map showing property boundaries , topography, bodies of water, and access . 44. 3. 2 Plans for obtaining water supplies for the mining operation. 44. 3. 3 Cross sections of drainage STRUCTURES (cul- verts for access to COUNTY roads , interior haul roads crossing of ponding or stream channeling) . 44. 3 .4 Profile and typical cross section of haul roads . 44.4 Operations Policies. The policies outlined below represent a minimum model for operations standards for the proposed USE. Stricter standards may be imposed by the Board of County Commissioners or their duly authorized representative during the review process to ensure the protection of the health, safety and welfare of the inhabitants of Weld County. 44. 4. 1 No excavation or processing of sand and gravel shall be permitted nearer than 10 feet to the boundary of ADJACENT property, easement or irrigation ditch or right-of-way, nor nearer than 125 feet to any existing residence, unless by written agreement the owners of such ADJACENT property consent to a lesser distance and the Planning Commission approves such lesser distance. The Planning Commission may set a greater distance than mentioned above when, in their opinion, it is justified. 44.4. 2 All sand and gravel operations shall be con- ducted during the hours of daylight except in the case of public or private emergency, or to make necessary repairs to equipment . This restriction shall not apply to operation of administrative and executive OFFICES or repair facilities located on the property. 40-24 944 1865933 1867328 BOOK RECEPTION _.„ .23/_ /17 BOOK 945 RECEPTION...... .a.. . 44.4. 3 Weeds and any other unsightly or NOXIOUS WEEDS shall be cut or trimmed as may be necessary to preserve a reasonably neat appearance and to prevent seeding on adjoining property. 44. 4. 4 Existing trees and ground cover along public road frontage and drainageways shall be preserved, maintained and supplemented if necessary, for the depth of the setback in order to protect against and reduce noise, dust and erosion. 44. 4. 5 Insofar as practicable, all means of access to the property from any STREET shall be located and designated as to avoid the routing of vehicles to and from the property over STREETS that primarily serve residential DEVELOPMENT. 44. 4. 6 All access roads from sand and gravel opera- tions to PUBLIC highways, roads , or STREETS, or to adjoining residential STRUCTURES , shall be paved or otherwise treated to minimize dust conditions on all parts of such access roads which are located within one-fourth mile of the public highway, road, STREET, or adjoining residential STRUCTURE. 44. 4. 7 Prior to starting excavation in certain speci- fic instances , as first determined by indi- vidual investigation by the Board of County Commissioners or their duly authorized repre- sentatives , where excavations are considered hazardous or otherwise harmful to nearby residents or to their property, the Board of County Commissioners may require the excava- tions to be fenced or that some other action be taken on the part of an operator in order to minimize the hazardous situation. Chain link fencing to keep out young children, three strand barb wire to keep out livestock, accele- ration/deceleration lanes to facilitate the safe/smooth flow of traffic , and water aug- mentation to compensate for water losses caused by evaporation are examples of actions which may be required by the Board. 44.4. 8 Where topsoil is removed, sufficient arable soil shall be set aside, for respreading over the excavated area. 40-25 944 1865933 345 BOOK RECEPTION „_ .. BOOK RECEPTION-18673'�8 23 i- 5' . , 44.4. 9 Rock crushers and similar accessory tacilities and equipment , but not including batching (concrete and asphalt) facilities may be allowed. However, the Planning Commission or Board of County Commissioners may set out additional conditions under which these opera- tions may be permitted; and said conditions may vary by location due to abutting land USES . Concrete and Asphalt batch plants shall meet the requirements of Section 31 .4. 44.4. 10 Insurance. The operator shall furnish evi- dence he is insured to the extent of not less than $100, 000 . 00 against liability for any negligent act or omission by the operator from the operation or maintenance of the sand and gravel pit and the extraction and production of sand and gravel and all activities con- nected with or incidental thereto. 44. 4. 11 Reclamation Policies 44.4. 11 . 1 Reclamation plans shall be reviewed to deter- mine the compatibility of the proposed USE with surrounding land USES . 44.4. 11 . 2 Following the completion of operations , the land shall be left in a safe condition. 44. 4. 11 . 3 Sufficient drainage shall be provided so as to prevent water pockets or undue erosion. Gra- ding shall be accomplished in such a manner that storm water leaves the property at the original , natural drainage points . Runoff at any one such point shall not normally be increased over historic flows . Increases over historic flows shall be allowed only when it is shown that the increased flows will not adversely impact USES or lands affected by such flows . 44. 4. 11 . 4 All excavated areas shall finally be graded in substantial conformity to the USE of the land proposed in the reclamation plan. Ridges , banks and mounds shall be graded so as to minimize erosion. Trees , shrubs , legumes , grasses , or other ground cover shall be replaced in order to avoid ero- sion insofar as is practicable. 40-26 944 1865933 945 1867328 BOOK RECEPTION ......, 3�- ��q BOOK.........._ RECEPTION 1 W 53%!e? 44. 5 Cancellation of Permit. The Board of County Commissioners shall have the power to cancel permits for violation of any of these regulations or conditions imposed by said Board. The Board of County Commissioners shall cause to be served written notice upon the permittee at the address contained in the permit setting out a clear and concise statement of the violations , and directing the permittee to correct such violation within thirty (30) days . If the violations have not been corrected, then the Board of County Commissioners shall direct the permittee to appear before the Board of County Commissioners, not less than ten (10) days nor more than thirty (30) days after the date of service notice. The Board of County Commissioners shall hold a hearing to deter- mine the nature and extent of the alleged violation and shall have the power, upon good cause being shown, to cancel or revoke the permit heretofore issued to the permittee, to require the County or its agents to enter upon the premises and to take the corrective measures required by the Board of County Commissioners; the cost to be assessed against the permittee and his sureties . 45 Supplementary Regulations for certain Uses by Special Review 45 . 1 Livestock Confinement Operations (LCO) 45. 1. 1 LCOs shall be located at least 50 feet from any State or Federal highway right-of-way, subject to review by the Colorado Department of Highways. 45 . 1 . 2 Manure shall be handled and disposed of in a sanitary manner, approved by the Weld County Health Department. 45 . 1. 3 Suitable chemical and scientific controls shall be provided for rodent and insect con- trol. 45. 1 .4 Concrete or other suitable aprons ADJACENT to the permanently affixed feed bunks , water tanks and feeding devices shall be provided. 45 . 1. 5 Adequate mechanical means for scraping, gra- ding and cleaning of area shall be provided at all times ; and scraping, grading and cleaning of the area will be accomplished as approved by the Weld County Health Department. 45 . 1 . 6 Drainage facilities or improvements shall be constructed to protect any ADJACENT rivers , streams or other bodies of water from pollu- tion, as approved by the Weld County Health Department. 40-27 944 945 1867328 .. ... RECEPTION_. 652a1a ...BOOK... _. RECEPTION 4231 -'9 o ; 31-n0 90 45. 2 Fertilizer, (Organic) Storage and Sale, Where the Fertilizer is Stored for Longer than One Year 45. 2. 1 Storage of fertilizer shall not be permitted closer than 50 feet to any PUBLIC right-of- way or LOT line. 45. 2. 2 Rodents and insects shall be controlled in accordance with standards set by the Weld County Health Department. 45 . 2. 3 Upon termination of permit, all fertilizer shall be removed. 45. 3 Outdoor Shooting Ranges , Subject to Conditions Set Forth Below 45. 3 . 1 A Special Review permit to operate an outdoor shooting range may be issued for a period up to five (5) years . 45. 3. 2 Application for a Special Review Permit to operate an outdoor shooting range shall be accompanied by the following information: 45 . 3 . 2. 1 Topography at two-foot intervals . 45 . 3 . 2. 2 Plan of range with supporting data on safety factors . 45. 3 . 3 The following minimum standards shall apply to all outdoor shooting ranges : 45 .3 . 3 . 1 Minimum land requirements shall be set by the Planning Commission for each application. 45. 3. 3 . 2 Shooting ranges shall, when possible, be located to take advantage of natural terrain barriers . The entire range (including danger area if range is not of the "Safety Range" type) shall be fenced and warning signs posted every 200 feet. 45. 3 . 3 .3 Line of fire shall be as nearly horizontal as is practicable and never below horizontal . Ranges may be constructed so that the firing point is below the target, provided the gra- dient between the firing point and target does not exceed 2%. 40-28 944 1865933 94 BOOK............ RECEPTION ..« BOOK .. ECEPTION..a86'7328 013/- /9/ ..... 45. 3 . 3 .4 Perimeter of range shall be LANDSCAPED to provide natural noise barriers . The remainder of the range shall be planted and maintained with grass or other suitable ground cover. 45. 3 . 3. 5 If the shooting range is used by more than four (4) individuals on a regular basis , shooting shall be supervised by a range offi- cer or instructor qualified by the National Rifle Association or military service or other similar training. 45 . 3 . 3 . 6 In addition to firing lines or fields , ade- quate space for danger areas , parking, equip- ment , storage building, clubhouse and latrines shall be provided. 45 . 3 . 4 Provisions for pistol, small-bore and high- caliber Rifle Ranges : 45 . 3 . 4. 1 "Safety Range" requirement . If range is constructed in an urbanized area, or when area is developed, or when natural terrain does not offer adequate protection, overhead safety baffles may be required. 45. 3 .4. 2 Firing points shall be four to five feet apart for shooting distances up to 200 yards . 45 . 3 . 4. 3 Rifle or pistol ranges shall not be permitted without bullet stops . Natural or artificial bullet stops shall be provided. 45 . 3. 4. 3. 1 Natural bullet stops . Only slopes of hills shall be used for natural bullet stops . The crest of the hill used for a bullet stop shall be at least 30 feet above the level of the firing point for a 100 yard range . An addi- tional ten feet of hill shall be provided for each additional 100 yards or range. The slope of the hill shall not be less than two to one. A vertical cut shall be taken out of the face of the hillside used for a backstop to provide a nearly perpendicular face to catch bullets and prevent richochets . 45. 3. 4. 3. 2 Artificial bullet stops . For up to a 300-yard range, an earth embankment at least 25 feet in height , well sodded to retain slope of 35 degrees from perpendicular and topped by an earth-filled timber barricade at least 15 feet high, shall be provided. Stones shall be 40-29 945 BOOK.944 RECEPTION 1865933 2 3/- / "..2 BOOK_.... RECEPTION...186'y3'2� removed from the face of the embankment to a depth of 18 inches . For each additional 100 yards of range, ten feet in overall height of the bullet stop shall be added. Bullet stop shall extend approximately 160 feet beyond the ends of the target line for high-caliber ranges ; 25 feet for smallbore rifle and pistol ranges . 45 . 3 . 5 Provisions for trap and skeet fields . 45 . 3 . 5 . 1 A 100 by 300-yard danger zone shall be pro- vided for trap fields . 45. 3 . 5 . 2 A 300 by 600-yard danger zone shall be pro- vided for skeet fields . 45 . 3 . 5 . 3 Trap and skeet fields may be combined (traps layout super-imposed on skeet field) where 300 by 600-yard zone shall be required. 45. 3 . 5.4 The trap field layout shall meet the require- ments of the American Trap Association. 45. 3 . 5 . 5 The skeet field layout shall meet the require- ments of the National Skeet Shooting Associa- tion. 45. 4 Sanitary Landfill (Solid or Hazardous Waste Disposal Sites) . Certificates of Designation for solid or hazardous waste disposal sites as required by C. R.S . 1973 shall not be deemed approved until or unless a Use by Special Review has been approved by the Board of County Commissioners . The Board shall be guided in its review of a Certificate of Design by C. R. S . 1973 . 45. 5 Sewage Systems : Pumping Stations , Sludge Drying Beds , Treatment Plants, Lagoons . Applicants for site approval shall submit copies of the information supplied to the State Health Department. 45. 6 Kennels 45. 6. 1 Manure shall be handled and disposed of in a sanitary manner approved by the Weld County Health Department. 45. 6. 2 Suitable chemical and scientific controls shall be provided for rodent and insect con- trol. 40-30 944 1865933 945 1867328 BOOK RECEPTION.......„..„. ...„....„ a 3/ /73 BOOK RECEPTION....... ,, 45 . 6. 3 Drainage facilities or improvements sha be constructed to protect any ADJACENT rivers , streams or other bodies of water. 45. 7 Drive-In Theaters 45 . 7 . 1 The Planning Commission and Board of County Commissioners shall consider the following criteria in making their determination in approving or denying a Special Review Permit for a DRIVE*IN THEATER in addition to those criteria enumerated in Section 24. 3. 1 and Section 24. 4. 2. Its impact on prime agri- cultural land which is defined as soils with agricultural capability classifications of I , II , and III as indicated on maps completed by the U. S.D.A. Soil Conservation Service. 45 . 7 . 1.1 One on-site parking space shall be provided for each employee on duty. The peak employ- ment period shall be used to determine the number of employee parking spaces . 45. 7 . 1. 2 A stack area capable of storing at least one- third (1/3) as many cars as can be accommodated within the viewing area shall be provided, away from the flow of incoming or outgoing traffic, for waiting vehicles . 45. 7 . 1. 3 Ticket gates shall be provided as follows : 45. 7 . 1. 3 . 1 One ticket gate for up to a 300 car capacity theater; 45 . 7 . 1. 3 . 2 Two ticket gates for up to a 600 car capacity theater; 45. 7 . 1. 3 .3 Three ticket gates for up to an 800 car capa- city theater; and 45 . 7 . 1. 3 .4 Four ticket gates for up to a 1, 000 car capa- city theater. 45. 7 . 1.4 Lighting 45 . 7. 1. 4. 1 All outside lighting shall be arranged and shielded so as to prevent any nuisance on ADJACENT STREETS or property. 45. 7 . 1.4. 2 Exits and pedestrian passageways shall be adequately lighted at all times when open to the public. 40-31 944 186593,3 BOOK.. . RECEPTION..........._.._.._ 945 186 732$ oZ 3 / — /r1<( BOOK RECEPTION--.................._..,.� c. 45 . 7 . 1. 5 Access a ,3 / - Q 45. 7 . 1. 5 . 1 Each developed site shall have a minimum of two accesses , but shall not have more than two accesses onto any one STREET, except that the Board of County Commissioners has the right to prescribe additional access requirements if it is deemed that a change in the location and number of accesses will reduce the possibi- lities of traffic hazards . 45 . 7 . 1. 5 . 2 No direct entrance to or exit from a DRIVE-IN THEATER shall be permitted onto any FREEWAY of EXPRESSWAY as delineated on the Weld County Thoroughfare Plan or on any state or local plans . 45 . 7 . 1. 5 . 3 The accesses for the DRIVE-IN THEATER shall be directly onto a paved road. 45. 7 . 1. 5. 4 Acceleration and deceleration lanes and left- turn lanes shall be provided when deemed necessary by the Board of County Commissioners to facilitate the continuous and safe flow of traffic to and from the theater . 45. 7 . 1. 5 . 5 The facility shall be designed to provide emergency vehicular access at all times . 45 . 7. 1. 5 . 6 Entrance and exit drives shall be paved and channelized to guide incoming and outgoing traffic. 45. 7. 1. 5. 7 Adequate site distance shall be provided at all access points . 45. 7 . 1. 6 Trash areas 45 . 7. 1. 6. 1 All outside trash, garbage and refuse areas shall be SCREENED. 45. 7 . 1. 6. 2 Provision shall be made for adequate vehicular access to and from such areas for collection purposes . 45. 7. 1. 7 Projection Screens 45. 7 . 1. 7. 1 The projection screen shall be oriented so as to minimize the potential traffic hazard created by people viewing the screen from adjacent highways. 40-32 944 1865933 945 1867328 BOOK RECEPTION . ,..,,, .33/ /9 S— BOOK......,...., RECEPTION.... 45. 7 . 1. 7 2 Construction plans for the screen all be prepared by a certified engineer and said plans shall conform with the requirements of the Weld County Building Code. 45. 7 . 1. 7 . 3 The screen and its supporting structure shall be designed to withstand a wind pressure of at least 25 pounds per square foot. 45. 7 . 1. 8 Fire Protection. Fire protection shall be provided in accordance with the requirements of the fire protection district having juris- diction in the area where the theater is to be located. 45. 7 . 1. 9 Buffering 45 . 7 . 1. 9. 1 The DRIVE-IN THEATER shall be adequately buffered through the use of landscaping and fencing to minimize negative impacts on sur- rounding land USES. 45. 7 . 1. 10 Health Standards and Regulations. The pro- posed facility shall comply with all State and County Health Standards and Regulations . 40-33 1867328 945 BOOK 944 RECEPTION 1865933 .23( /91: BOOK RECEPTION ss TABLE OF CONTENTS a 3, -f 9 SECTION PAGE 50 Overlay Districts 50-1 51 A-P (Airport) Overlay District 50-1 52 Geologic Hazard Overlay District 50-6 53 Flood Hazard Overlay District 50-7 944 186593:3 945 186'7328 BOOK RECEPTION.. .._......r....-.. a, 3 - "q BOOK....... ... RECEPTION... .. ,,,,-am/ ,,,,o 50 Overlay Districts r �77 51 A-P (Airport) Overlay District 51. 1 Airport Surfaces . In order to carry out the provisions of this Section, there are hereby created and established certain Airport Surfaces that include all of the land and airspace lying below airport imaginary air surfaces . Such imaginary surfaces constitute the height limits of ground objects . Any ground object protruding into or through an imaginary surface would be a hazard to air operations . The land areas of the Airport Surfaces are shown on the Official Weld County Airport Overlay District Zoning Map . The various surfaces are hereby established and defined as follows : 51 . 1 . 1 Instrument Approach Surface. An Instrument Approach Surface is established at that end of the INSTRUMENT RUNWAY used for precision instrument landings and takeoffs . The Instru- ment Approach Surface is trapezoidal in shape and has a width of 1 , 000 feet at a distance of 200 feet beyond the end of the RUNWAY, widen- ing thereafter uniformly to a width of 16, 000 feet at a distance of 50, 200 feet beyond the end of the RUNWAY, its centerline being the continuation of the centerline of the RUNWAY. 51. 1 . 2 Non-Precision Instrument Approach Surface. The Non-precision Instrument Approach Surface is established at that end of an INSTRUMENT RUNWAY not used for precision instrument approaches . The Non-precision Instrument Approach Surface is trapezoidal in shape and has a width of 1, 000 feet at a distance of 200 feet beyond the THRESHOLD, widening thereafter uniformly to a width of 4, 000 feet at a dis- tance of 10 , 000 feet beyond the RUNWAY THRES- HOLD, its centerline being the continuation of the centerline of the RUNWAY. 51 . 1 . 3 Non-Instrument Approach Surface. A Non-- instrument Approach Surface is established at each end of all NON-INSTRUMENT RUNWAYS for non-instrument landings and takeoffs . The Non-instrument Approach Surfaces are trape- zoidal in shape and have a width of 250 feet at a distance of 200 feet beyond each end of the RUNWAY, widening thereafter uniformly to a width of 1 , 250 feet at a distance of 5, 000 feet beyond each end of the RUNWAY, its cen- terline being the continuation of the center- line of the RUNWAY. 50-1 944 lsF;5933 945 BOOK RECEPTION .73 / .. /9 BOOK......._... RECEPTION.. 186'7328 51. 2 Height Limitations Within Described Surfaces and Air Spaces . Except as otherwise provided in this Section, no STRUCTURE or tree shall be erected, altered, allowed to grow, or maintained in the area within any surface created by this Section to a HEIGHT in excess of the height limit herein established for such surface, or by Paragraph 77 . 23 of the Federal Aviation Regulations . Such height limitations are hereby established for each of the surfaces as follows : 51 . 2. 1 Horizontal Surface. No STRUCUTRE or object of natural growth shall penetrate the airspace above 4, 798 feet above mean sea level within the Horizontal Surface. 51. 2. 2 Instrument Approach Surface. Height limits on all objects within the Instrument Approach Surface are hereby established according to the following schedule : 51. 2. 2. 1 West Precision Instrument Approach Surface Distance from Runway Edge Height Range 200 ' to 2 , 700 ' 0 ' - 50 ' 2, 700 ' to 10, 200 ' 50' - 200 ' 10, 200' to 50 , 200 ' 200 ' - 1, 200 ' 51 . 2 . 2 . 2 East Non-precision Instrument Approach Surface Distance from Threshold Height Range 200 ' to 1 , 900 ' 0' - 50 ' 1, 900 ' to 10, 200 ' 50 ' - 294 ' The height limit range for the west approach is based upon one foot in HEIGHT for each 50 feet in horizontal distance beginning at a point 200 feet from the RUNWAY edge and ex- tending 10 , 200 feet from the end of the west approach; thence one foot in HEIGHT for each 40 feet in horizontal distance to a point 50, 200 feet from the end of the west approach. The height limit range for the east approach is based upon one foot in HEIGHT for each 34 feet in horizontal distance beginning at a point 200 feet from the THRESHOLD and ex- tending 10 , 200 feet from the THRESHOLD of the east approach. 51. 2 . 3 Transitional Surfaces for Instrument Runway. Height limits on all objects within the Transitional Surfaces of the INSTRUMENT RUNWAY are hereby established as follows : 5O-2 944 1865933 945 186732& BOOK RECEPTION BOOK RECEPTION a3/ - / 99 nt/ fl One foot in HEIGHT for each seven (7) feet in horizontal distance beginning at any point 500 feet normal to, and at the elevation of, the centerline of the INSTRUMENT RUNWAY, extending 200 feet beyond each THRESHOLD thereof, ex- tending to a HEIGHT of 150 feet above the established AIRPORT ELEVATION (Article A. 2. ) . In addition to the foregoing, there are esta- blished height limits of one foot vertical HEIGHT for each seven feet horizontal distance measured from the edges of all approach sur- faces for the entire length of the approach zones and extending upward and outward to the points where they intersect the horizontal or conical zone , a height limit of one foot for each seven feet of horizontal distance shall be maintained beginning at the edge of the instrument approach zone and extending a distance of 5 , 000 feet from the edge of the precision instrument approach zone measured normal to the centerline of the RUNWAY extended. 51. 2.4 Non-Instrument Approach Surface. Height limits on all objects within the Non-instrument Approach Surface are hereby established as follows : One foot in HEIGHT for each 20 feet in hori- zontal distance beginning at a point 200 feet from, and at the centerline elevation of, the end of the NON-INSTRUMENT RUNWAY and extending to a point 5 , 200 feet from the end of the RUNWAY. 51. 2. 5 Transitional Surface for Non-Instrument Run- ways . Height limits on all objects within the Transitional Surface of the NON-INSTRUMENT RUNWAYS are hereby established as follows : One foot in HEIGHT for each seven (7) feet in horizontal distance beginning at any point 125 feet normal to, and at the elevation of, the centerline of NON-INSTRUMENT RUNWAYS , extend- ing 200 feet beyond each and thereof, extend- ing to a HEIGHT of 150 feet above the esta- blished AIRPORT ELEVATION which is 4, 648 feet above mean sea level . In addition to the foregoing, there are established height limits of one foot vertical HEIGHT for each seven foot horizontal distance measured from the edges of all approach zones for the entire length of the approach zones and extending upward and outward to the points where they intersect the horizontal or conical surfaces . 50-3 944 1865933 945 186'732s BOOK RECEPTION........... .._ 3 i - a u o BOOK..•_. __. RECEPTION..._...... ... .,,.,., e;3 r-a 51. 2 . 6 Conical Surface. Height limits on all objects within the Conical Surface are hereby esta- blished as follows : One foot in HEIGHT for each twenty feet of horizontal distance beginning at the periphery of the Horizontal Surface, extending to a HEIGHT of 350 feet above the AIRPORT ELEVA- TION. 51. 3 Performance Regulations . Notwithstanding any other pro- visions of this Section, no use may be made of land within any surface established by this Section in such a manner as to create electrical interference with radio communication between the Weld County Municipal Airport and aircraft , make it difficult for pilots to distinguish between airport lights and other lights , result in glare in the eyes of pilots using the airport , impair visibility in the vicinity of the airport or otherwise endanger the landing, taking off, or maneuvering of aircraft at the AIRPORT or in the vicinity of the AIRPORT. 51. 3. 1 Transition Surface. Transition Surfaces are established ADJACENT to each INSTRUMENT and NON-INSTRUMENT RUNWAY and approach surface as indicated on the zoning map . Transition surfaces symmetrically located on either side of RUNWAYS have variable widths as shown on the zoning map. Transition surfaces extend outward from a line 125 feet on either side of the centerline of the NON-INSTRUMENT RUNWAY, for the length of such RUNWAY plus 200 feet on each end; and 500 feet on either side of the centerline of the INSTRUMENT RUNWAY, for the length of such RUNWAY plus 200 feet on each end, and are parallel and level with such RUNWAY centerlines . The Transition Surfaces along such RUNWAYS slope upward and outward one (1) foot vertically for each seven (7) feet horizontally to the point where they intersect the horizontal surface. Further, Transition Surfaces are established ADJACENT to both instrument and non-instrument approach surfaces for the entire length of the approach surfaces . These Transition Surfaces have variable widths , as shown on the zoning map . Such Transition Surfaces flare symmetrically with either side of the runway approach sur- faces from the base of such surfaces and slope upward and outward at the rate of one (1) foot vertically for each seven (7) feet horizon- tally to the points where they intersect the surfaces of the horizontal and conical surfaces . 50-4 BOOK944 RECEPTION 1865933 945 ? 3/- 'a O1 BOOK....... RECEPTION 186'73 �3(-07o( Additionally, Transition Surfaces are esta- blished ADJACENT to the instrument approach surfaces where they project through and beyond the limits of the conical surface, extending a distance of 5, 000 feet measured horizontally from the edge of the instrument approach surfaces at right angles to the continuation of the centerline of the runway. 51. 3 . 2 Horizontal Surface. A horizontal plan 150 feet above the established AIRPORT ELEVATION, the perimeter of which is constructed by swinging arcs of 10 , 000 feet from the center of each end of the primary surface of the INSTRUMENT RUNWAY and connecting these arcs with tangent lines . 51. 3 . 3 Conical Surface. A Conical Surface is esta- blished as the area that commences at the periphery of the horizontal surface and ex- tends outward therefrom a distance of 4, 000 feet . The Conical Surface does not include the instrument approach surfaces and transition surfaces . 51. 4 Non-Conforming Uses . The regulations prescribed in this Section shall not be construed to require the removal, lowering, or other changes or alteration of any STRUCTURE or object of natural growth not conforming to this Section as of the effective date of this Section, or otherwise inter- fere with the continuance of any non-conforming use. Nothing herein contained shall require any change in the construc- tion, alteration, or intended use of any STRUCTURE, the construction or alteration of which was begun prior to the effective date of this Section and is diligently prosecuted; provided, however, the owner of any non-conforming STRUCTURE or object of natural growth is hereby required to permit the installation, operation and maintenance thereon of such markers and lights as shall be deemed necessary by the Board of County Commissioners to indicate to the operators of aircraft in the vicinity of the Weld County Municipal Air- port , the presence of such non-conforming STRUCTURES or object of natural growth. Such markers and lights shall be installed, operated and maintained at the expense of Weld County Airport Authority. 51. 5 Variance. Any application filed under Section 61. 3 for a variance to the provision of this Section shall be submitted for comment to the Federal Aviation Agency and the Board of County Couniiissioners prior to consideration of such appli- cation by the Board of Adjustment. 50-5 BOOK 44 RECEPTION 1865933 945 3i- as BOOK 1867328 RECEPTION 52 Geologic Hazard Overlay District 013(4°3- 52 . 1 Finding of Fact. Within Weld County there are areas subject to unstable geologic conditions which may cause serious damage to properties and may endanger the safety of resi- dents in such areas . The imprudent USE and occupation of these areas will pose a continuing danger to life and pro- perty, unless appropriate land USE measures are implemented. 52 . 2 Pur ose. The purpose and intent of the Geologic Hazard Over ay District regulations shall be to : 52. 2 . 1 Minimize hazards to public health and safety or to property in regulated GEOLOGIC HAZARD AREAS. 52. 2. 2 Promote safe USE of GEOLOGIC HAZARD AREAS . 52 . 2. 3 Reduce the adverse impact of GEOLOGIC HAZARDS on life and property by: 52. 2 . 3 . 1 Requiring land USES permitted in GEOLOGIC HAZARD AREAS to be protected from GEOLOGIC HAZARDS by providing for GEOLOGIC HAZARD investigation and the mitigation of the ad- verse impacts of GEOLOGIC HAZARDS at the time of initial construction. 52 . 2. 3. 2 Regulating the manner in which STRUCTURES designed for human occupancy may be con structed so as to prevent danger to human life or property within such STRUCTURE. 52. 2 . 4 Protect the public from the burden of ex- cessive financial expenditures caused by damage from GEOLOGIC HAZARDS by regulating land USES with GEOLOGIC HAZARD AREAS . 52 . 3 Disclaimer of Liability. The regulation of a HAZARD AREA by the Overlay regulations does not constitute an affirmation by the County of Weld that lands outside the regulated area as defined on maps adopted by the Board of County Commis- sioners will be free from the regulated hazard. 52. 4 Uses Permitted. USES listed as allowed by right and their ACCESSORY USES in the UNDERLYING ZONING DISTRICT may be per- mitted in the Gologic Hazard Overlay District without ob- taining a Geologic Hazard Overlay District Development Permit. Any person applying for a Use by Special Review, Major Facility of a Public utility, Change of Zone, Sub- division of land including Recorded Exemptions , and Planned Unit Developments within the Geologic Hazard Overlay District 50-6 BOOk'44 RECEPTION.......186593 3 945 1867328 a3i -7°S BOOK RECEPTION (-DoS shall apply for and obtain a Geologic Hazard Overlay Dist- rict Development Permit before any of these applications are considered finally approved by the Board of County Commis- sioners . 52. 5 Establishment of Geologic Hazard Overlay District . There is hereby established in Weld County, Colorado,a Geologic Hazard Overlay District. 52. 5. 1 The Geologic Hazard Overlay District includes land which is within a GEOLOGIC HAZARD AREA. The Geologic Hazard Overlay District is shown on Weld County' s Official Geologic Hazard Area Map of Potential Ground Subsidence Areas . This map categorizes the regulated areas into SEVERE, MODERATE and LOW GROUND SUBSIDENCE HAZARD AREAS . The categories are identified for the purpose of informing concerned citi- zens and decision makers of the potential severity of the GEOLOGIC HAZARD. The appli- cation requirements within the three cate- gories shall be identical. 52. 5. 2 The boundaries of the regulated areas shall be as they appear on the Official Geologic Hazard Area Map of Potential Ground Subsidence Areas as adopted by the Board of County Commissioners . This map shall be on file with the Clerk and Recorder and shall also be available for public inspection in the Weld County Depart- ment of Planning Services. Where there is a conflict between the boundary lines illus- trated on the map and the actual field condi- tions , the disputes shall be settled according to Section 60, Board of Adjustment of this Ordinance. 53 Flood Hazard Overlay District 53 . 1 Finding of Fact . The FLOOD HAZARD AREAS of Weld County are subject to periodic inundation which results in health and safety hazards , loss of life and property, disruption of commerce and governmental services , extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare of the residents of Weld County. These flood losses are caused by the cumulative effect of obstructions in FLOOD HAZARD AREAS which increase flood heights and velocities and damage USES in other areas . USES that are inadequately FLOODPROOFED, ELEVATED or other- wise protected from flood damage also contribute to flood losses. 50-7 BOOK944 RECEPTION 1863933 9 ail— as q f300945 RECEPTION ti 53 . 2 Purpose. The purpose and intent of these FLOODPLAIN PLA1oN re- gulations shall be to : 53 . 2. 1 Protect human life; 53. 2. 2 Minimize the need for rescue and relief ef- forts associated with FLOODING which have historically been undertaken at the expense of the general public ; 53. 2 . 3 Insure that those who occupy FLOOD HAZARD AREAS assume responsibility for their actions ; 53 . 2 . 4 Minimize expenditure of public money for costly flood control projects ; 53 . 2. 5 Minimize prolonged business interruptions ; 53 . 2. 6 Minimize damage to public facilities and utilities such as water and gas mains , elec- tric , telephone and sewer lines , STREETS and bridges located in FLOOD HAZARD AREAS ; 53. 2. 7 Promote the public health, safety and general welfare. 53. 3 Disclaimer of Liability. The degree of flood protection required by this regulation is considered reasonable for regulatory purposes and is based on scientific and engineer- ing considerations . FLOODS larger than the INTERMEDIATE REGIONAL FLOOD can and will occur on rare occasions . Flood heights may be increased by man-made or natural causes . Nothing in these Regulations shall be construed to mean that land outside the FLOOD HAZARD AREAS or USES permitted within such areas will be free from FLOODING or flood damages . This Regulation shall not create liability on the part of Weld County, any officer or employee thereof or the Office of Insurance and Mitigation of the Federal Emergency Manage- ment Agency for any flood damages that result from reliance on this Regulation or any administrative decision lawfully made thereunder. 53 . 4 Definition of Flood Hazard Overlay Districts . There are hereby established in Weld County, Colorado, two flood hazard OVERLAY ZONING DISTRICTS . These districts are referred to as the Floodway and Floodprone Districts . The Floodway District includes one zone district classification which shall be referred to as the FW (Floodway) District. The Floodprone District contains two zone district classi- fications . One zone district shall be referred to as the FP-1 (Floodprone) District and the other shall be referred to as the FP-2 (Floodprone) District. 50-8 944 1865933 945 BOOK RECEPTION _ 1867328 a 3i_ dos BOOK RECEPTION......._.. ,03e 53 . 4. 1 The FW (Floodway) District includes Ia/nd which is within the high hazard area of an INTER- MEDIATE REGIONAL FLOODPLAIN. This includes the channel of a river or other watercourse and the ADJACENT land areas required to carry and discharge the largest part of the BASE FLOOD flow. The FW (Floodway) District is shown on the Official Weld County Flood Hazard Overlay District Zoning Maps . 53 . 4. 2 The Floodprone District includes all the land within the INTERMEDIATE REGIONAL FLOODPLAIN which is outside of the designated FW (Flood- way) District on the Official Weld County Flood Hazard Overlay District Zoning Maps . The Floodprone District is a lower hazard area which serves primarily as a storage area for the floodwaters of an INTERMEDIATE REGIONAL FLOOD. The Floodprone District zone classi- fications FP-1 and FP-2 are shown on the Official Weld County Flood Hazard Overlay District Zoning Maps. 53. 4. 2 . 1 The FP-1 (Floodprone) District as shown on the Official Weld County Flood Hazard Overlay District Zoning Maps corresponds to Zone A on the Federal Insurance Administration' s Flood Insurance Rate Maps . The FP-1 District in- cludes the approximate area of the 100-YEAR FLOODPLAIN where the BASE FLOOD WATER SURFACE ELEVATIONS and other flood hazard factors have not been determined. 53. 4. 2 . 2 The FP-2 (Floodprone) District as shown on the Official Weld County Flood Hazard Overlay District Zoning Maps corresponds to Zones AO through A30 on the Federal Insurance Adminis- tration' s Flood Boundary and Floodway Maps and the Flood Insurance Rate Maps . The AO zone is described as an area of the 100-YEAR FLOOD PLAIN where shallow FLOODING may occur. Zones Al through A30 are described as areas of the 100-YEAR FLOODPLAIN where BASE FLOOD WATER SURFACE ELEVATIONS are shown and flood hazard factors have been determined. 53 . 5 Interpretation and Application. 53 . 5 . 1 The REGULATORY FLOOD DATUM in the FP-2 and FW Districts shall be determined by adding one (1) foot to the WATER SURFACE ELEVATIONS or FLOOD WATER DEPTH figures as shown on the Official Flood Hazard Overlay District Zoning Maps. The REGULATORY FLOOD DATUM in the FP-1 50-9 BOOK944 RECEPTION 18(;5933 BOOK945 RECEPTION 186'7326 a3"� x' 31 �d(P District shall be determined by adding one (1) foot to the WATER SURFACE ELEVATIONS or FLOOD WATER DEPTH figures determined as a result of a floodplain study conducted under the re- quirements of this Ordinance. 53. 5. 2 Nothing in these regulations shall be con- strued as exempting an applicant for a Flood Hazard Development Permit from any other Weld County regulatory requirements . 53. 5. 3 The LOWEST FLOOR elevation of STRUCTURES without a BASEMENT shall be considered to be the elevation, above mean sea level, of the top of the foundation of the STRUCTURE. The LOWEST FLOOR elevation of STRUCTURES with a BASEMENT shall be considered to be the ele- vation, above mean sea level , of the floor of the BASEMENT of the STRUCTURE. The LOWEST FLOOR elevation of a MOBILE HOME shall be considered to be the elevation, above mean sea level, of the top of the MOBILE HOME PAD. 53 . 6 FW (Floodway) District 53. 6. 1 Uses Permitted. USES listed as allowed by right, ACCESSORY USES , and Uses by Special Review in the UNDERLYING ZONING DISTRICT may be permitted in the FW (Floodway) District subject to the following conditions . 53. 6. 1. 1 USES allowed shall conform to the requirements of the UNDERLYING ZONING DISTRICT. 53 . 6. 1. 2 USES allowed in the UNDERLYING ZONING DISTRICT which require a building permit or mobile home permit shall, in addition, obtain a Flood Hazard Overlay District Development Permit . Any USE which results in an ALTERATION or RELOCATION of a WATERCOURSE within the FW (Floodway) District shall apply for or receive approval of a Flood Hazard Overlay District Development Permit . 53. 6. 1 . 3 All new construction or SUBSTANTIAL IMPROVE- MENT of STRUCTURES in the FW (Floodway) Dis- trict which requires a building permit or mobile home permit shall be FLOODPROOFED to the level , or above, of the REGULATORY FLOOD DATUM in the following manner : 50-10 1865933 1%'7328' BOOK944 RECEPTION .M.. BOOK_ RECEPTION..... a 3I- 01' 1 231-add 53. 6. 1 . 3. 1 All new construction or SUBSTANTIAL IMPROVE- MENT of DWELLING UNITS shall have the LOWEST FLOOR, including the BASEMENT floor or MOBILE HOME PAD, ELEVATED to , or above the REGULATORY FLOOD DATUM. 53. 6 . 1. 3 . 2 New construction or SUBSTANTIAL IMPROVEMENT of STRUCTURES other than DWELLING UNITS shall be FLOODPROOFED either by ELEVATING the STRUCTURE or by making the STRUCTURE WATERTIGHT below the REGULATORY FLOOD DATUM. 53. 6. 1. 4 No USE shall be permitted which would result in any increase in flood water levels during an INTERMEDIATE REGIONAL FLOOD. 53. 6. 1. 5 All new or replacement domestic water wells or water supply, storage, treatment and distri- bution systems shall be designed and built to prevent inundation or infiltration of flood- water into such systems by an INTERMEDIATE REGIONAL FLOOD. 53 . 6. 1. 6 All new or replacement sanitary sewer treat- ment systems shall be designed and built to prevent inundation or infiltration of flood- water into such systems and to prevent dis- charges from such systems into the floodwaters of an INTERMEDIATE REGIONAL FLOOD. 53. 6. 1. 7 Land within the FW (Floodway) District shall not be used for the storage or placement of the following : flammable or explosive mate- rials , sand and gravel and other mineral deposits , FILL material , and materials that , in times of FLOODING, are bouyant . 53 . 7 FP-1 and FP-2 (Floodprone) Districts 53 . 7 . 1 Uses Permitted. USES listed as allowed by right, ACCESSORY USES and Uses by Special Review in the UNDERLYING ZONING DISTRICT may be permitted in the FP-1 and FP-2 (Floodprone) Districts subject to the following conditions : 53 . 7 . 1. 1 USES allowed shall conform to the requirements of the UNDERLYING ZONING DISTRICT. 53 . 7 . 1. 2 USES allowed in the UNDERLYING ZONING DISTRICT which require a building permit or mobile home permit shall, in addition, obtain a Flood Hazard Overlay District Development Permit. Any USE which results in an ALTERATION or 50-11 9 1865933 945 1867328 BOOK 44 RECEPTION BOOK..._.._... RECEPTION_....................... 3 /- c2 ° 8 air-010, RELOCATION OF A WATERCOURSE within the FP-1 and FP-2 (Floodprone) Districts shall apply for and receive approval of a Flood Hazard Overlay District Development Permit . 53 . 7 . 1 . 3 All new construction or SUBSTANTIAL IMPROVE- MENT of DWELLING UNITS shall have the LOWEST FLOOR, including the basement floor or MOBILE HOME PAD, ELEVATED to, or above the REGULATORY FLOOD DATUM. New construction or SUBSTANTIAL IMPROVEMENT of STRUCTURES other than DWELLING UNITS shall be FLOODPROOFED either by ELE- VATING the STRUCTURE or by making the STRUC- TURE WATERTIGHT below the REGULATORY FLOOD DATUM. 53. 7 . 1 . 4 STRUCTURES which are designed to be WATERTIGHT below the level of the REGULATORY FLOOD DATUM shall be designed and built to be capable of resisting the hydrostatic and hydrodynamic forces expected at the BUILDING site during an INTERMEDIATE REGIONAL FLOOD. 53 . 7 . 1. 5 All new or replacement domestic water wells or water supply storage, treatment and distri- bution systems shall be designed and built to prevent inundation or infiltration of flood- water into such systems by an INTERMEDIATE REGIONAL FLOOD. 53. 7 . 1. 6 All new or replacement sanitary sewer treat- ment systems shall be designed and built to prevent inundation or infiltration of flood- water into such systems and to prevent dis- charges from such systems into the floodwaters of an INTERMEDIATE REGIONAL FLOOD. 50-12 944 1865933 945 1867325 BOOK RECEPTION a 3` - _BOOK............ RECEPTION..........._............... TABLE OF CONTENTS .a3(-42-01 SECTION PAGE 60 Board of Adjustment 60-1 61 Powers and Duties 60-1 62 Appeals Procedure 60-2 944 1865933 BOOK............ RECEPTION 945 1867328 3 / - .7/0 BOOK RECEPTION 60 Board of Adjustment A31- aeo 61 Powers and Duties. Upon appeal, the Board of Adjustment of Weld County shall have the powers and duties enumerated below. The powers and duties as listed shall be exercised in conformance with the laws of the State of Colorado and in conformance with the terms and conditions included in this Ordinance. The powers of the Board of Adjustment shall be exercised in harmony with the intent of the Weld County Comprehensive Plan, the intent of the Weld County Zoning Ordinance, and the public interest . 61. 1 The Board of Adjustment has the power to hear and decide appeals from decisions concerning zoning issues made by any official employed by the Board of County Commissioners in the administration or enforcement of this Ordinance. 61. 1 . 1 When there is an appeal of an administrative decision, the Board of Adjustment may, so long as such action is in conformance with the terms of this Ordinance, reverse, affirm, or modify the order, decision or determination appealed from. 61. 2 The Board of Adjustment has the power to interpret the zone district boundaries , to interpret the location of LOT lines with respect to zone district boundaries , and to act upon similar questions as they may arise in the administration of the Weld County Zoning Ordinance. 61 . 3 The Board of Adjustment has the power to hear and decide appeals for variance from the terms of this Ordinance. Appeals for variance may be brought to the Board of Ad- justment when, because of special conditions relating to the subject land, a literal enforcement of the provisions of this Ordinance would result in unnecessary hardship to the appellant . 61. 3 . 1 Relief from the provisions of this Ordinance may not be granted when the hardship is brought about solely through the actions of the appellant. 61. 3 . 2 Nor may relief be granted when the result of granting the requested relief is detrimental to the public good or when the relief is contrary to the purpose and intent of the Weld County Zoning Ordinance. 61. 3. 3 In granting any variance, the Board of Ad- justment may prescribe appropriate conditions and safeguards in conformity with this Ordi- nance. Violation of such conditions and safeguards , when made a part of the terms 60-1 945 944 1867328 BOOK .„„ RECEPTION 186593:3 BOOK RECEPTION Y_ 3/ 7under which the variance is granted, shall be deemed a violation of this Ordinance and punishable under Section 80, of this Ordi- nance. 61. 3.4 Under no circumstances shall the Board of Adjustment grant a variance to allow a USE not permissible under the terms of this Ordinance in the district involved, or any USE expressly or by implication prohibited by terms of this Ordinance . 61. 3. 5 No appeal to the Board of Adjustment shall be allowed for BUILDING USE or LOT USE violations that may be prosecuted under the terms of Section 80 of this Ordinance . 61 . 3 . 6 No non-conforming USE of NEIGHBORING LOTS, STRUCTURES , or BUILDINGS in the same district , and no permitted or non-conforming USE of LOTS , STRUCTURES , or BUILDINGS in other dis- tricts shall be considered grounds for the issuance of a variance. 61. 3 . 7 No variance in any Flood Hazard Overlay Dis- trict shall be issued if the result of the requested variance would be increased flood levels during an INTERMEDIATE REGIONAL FLOOD. 62 Appeals Procedures 62. 1 Appeal of Administrative Decisions . Appeals to the Board of Adjustment brought under the provisions of Section 61. 1 must be made within thirty (30) days of the order, requirement, decision, or refusal alleged to be in error. Appeals of Administrative decisions shall be made and processed as set forth below. 62. 1. 1 Application Requirements . Applications to appeal administrative decisions shall be in written form according to the following re- quirements : 62. 1 . 1 . 1 A citation of the Section of the Zoning Or- dinance which is the subject to the disagree- ment. 62. 1. 1. 2 A written description of the grounds for the appeal ; the reasons held by the appellant for the favored interpretation. 60-2 944 1867328 BOOK RECEPTION laria933.. 945 BOOK. .. RECEPTION....... .. . .. 62. 1. 1. 3 Any other information determined to be neces- sary by the Board of Adjustment that will aid the Board of Adjustment in making a decision which will not impair the intent and purpose of the Zoning Ordinance. 62 . 1. 2 Duties of the Department of Planning Services. The Department of Planning Services shall : 62 . 1 . 2. 1 Review the application and determine that it is complete before scheduling consideration of the appeal by the Board of Adjustment . 62. 1. 2 . 2 Arrange for publication of notice of the public hearing to be held by the Board of Adjustment once in the newspaper designated by the Board of County Commissioners for publi- cation of legal notices . The date of publi- cation shall be at least ten (10) days prior to the scheduled hearing. 62. 1. 2. 3 Review the application for consideration of the appeal and shall prepare comments , for use by the Board of Adjustment , addressing all aspects of the appeal , its conformance with sound land use planning practices, the effect of granting or denying the appeal , its con- formance with the Weld County Comprehensive Plan and MASTER PLANS of affected munici- palities . 62. 1. 3 Duties of the Board of Adjustment. The Board of Adjustment shall hold a public hearing to consider the appeal . Seven (7) members of the nine (9) member Board of Adjustment shall constitute a quorum for the transaction of business . The Board of Adjustment shall make its decision based only on the information presented at the public hearing. The con- curring vote of six (6) members of the Board of Adjustment shall be necessary in order to decide in favor of the appellant on any appeal brought pursuant to the Weld County Zoning Ordinance. 62 . 2 Appeals for Interpretation of Zone District Boundaries or Lot Lines. Appeals to the Board of Adjustment brought pursuant to Section 61. 2 shall be made and processed as set forth below: 62. 2. 1 Application Requirements . Appeals for inter- pretation of zone district boundaries or of LOT lines shall be made in written form ac- cording to the following requirements : 60-3 944 1865933 1867328 BOOK...„....... RECEPTION......... BOOK." rRECEPTION a ,3/ - ai3 e2M� r3 62 . 2. 1. 1 An application for appeal on the form as prescribed and furnished by the Department of Planning Services . 62. 2. 1. 2 Other written and graphic materials serving as evidence sufficient to document the location of the zone district boundary or LOT line alleged to be true and proper by the appel- lant . 62 . 2. 1 . 3 Any other information determined to be neces- sary by the Board of Adjustment that will aid the Board of Adjustment in making a decision which will not impair the intent and purpose of the Zoning Ordinance. 62. 2 . 2 Duties of the Department of Planning Services. The Department of Planning Services shall : 62. 2. 2. 1 Review the application and determine that it is complete before scheduling consideration of the appeal by the Board of Adjustment . 62 . 2. 2 . 2 Arrange for publication of notice of the public hearing to be held by the Board of Adjustment once in the newspaper designated by the Board of County Commissioners for publi- cation of legal notices . The date of publi- cation shall be at least ten (10) days prior to the scheduled hearing. 62. 2. 2. 3 Review the application for consideration of the appeal and shall prepare comments, for use by the Board of Adjustment , addressing all aspects of the appeal, its conformance with sound land USE planning practices , the effect of granting or denying the appeal , its con- formance with the Weld County Comprehensive Plan and MASTER PLANS of affected munici- palities . 62. 2. 3 Duties of the Board of Adjustment . The Board of Adjustment shall hold a public hearing to consider the appeal . Seven (7) members of the nine (9) member Board of Adjustment shall constitute a quorum for the transaction of business . The Board of Adjustment shall make its decision based only on the information presented at the public hearing. The con- curring vote of six (6) members of the Board of Adjustment shall be necessary in order to decide in favor of the appellant on any appeal brought pursuant to the Weld County Zoning Ordinance. 60-4 944 1865933 945 186132R BOOK___ _ RECEPTION •r....i .y B K7 y RECEPTION..........._.. ...a .a C� 62. 3 Appeals for Variance. Appeals to the Board of Adjustment brought pursuant to Section 61. 3 shall be made and processed as set forth below. 62. 3. 1 Application Requirements. Appeals for va- riance in the application of specific terms or requirements in the Weld County Zoning Ordi- nance shall be made in written form according to the following requirements : 62 .3. 1. 1 An application for appeal on the form as prescribed and furnished by the Department of Planning Services . 62. 3 . 1. 2 A plot plan showing the location of existing features , such as STRUCTURES, fences , streams , PUBLIC or private rights-of-way and streets, access , etc . The plot plan shall include all proposed STRUCTURES. 62. 3 . 1. 3 A copy of a deed, purchase contract , or other legal instrument indicating that the applicant has interest in said property. The deed, purchase contract , or legal instrument should include a complete and accurate legal descrip- tion of the property. 62. 3. 1. 4 A statement that demonstrates that special conditions and circumstances exist which are peculiar to the LOT, STRUCTURE, or BUILDING involved and which are not applicable to other LOTS , STRUCTURES, or BUILDINGS in the same zoning district . 62 . 3. 1 . 5 A statement that demonstrates that literal interpretation of the provisions of this Ordinance would deprive the appellant of rights commonly enjoyed by other properties in the same zoning district under the terms of this Ordinance. 62. 3 . 1. 6 A statement that demonstrates that the special conditions or circumstances do not result solely from the actions of the appellant . 62 . 3 . 1. 7 A certified list of the names , addresses and the corresponding Parcel Identification Number assigned by the Weld County Assessor of the owners of property (the surface estate) with- in five hundred (500) feet of the property subject to the application. The source of such list shall be the records of the Weld County Assessor, or an ownership update from a title or abstract company or attorney, derived 60-5 944 1865933 6005 RECEPTION 1867328 BOOK RECEPTION......_ ._... . ...,. arS/- P/,r from such records, or from the records of the Weld County Clerk and Recorder. If the list was assembled from the records of the Weld County Assessor, the applicant shall certify that such list was assembled within thirty (30) days of the application submission date. 62.3 . 1 . 8 Evidence that demonstrates that the variance requested is the minimum variance that will make possible the reasonable USE of the LOT, BUILDING or STRUCTURE. 62. 3 . 1 . 9 Any other information determined to be ne- cessary by the Board of Adjustment that will aid the Board of Adjustment in making a de- cision which will not impair the intent and purpose of the Zoning Ordinance. 62. 3. 2 Duties of the Department of Planning Services . 62. 3. 2. 1 The Department of Planning Services shall review the application and determine that it is complete before scheduling consideration of the appeal by the Board of Adjustment . 62. 3. 2 . 2 The Department of Planning Services shall arrange for publication of notice of the public hearing to be held by the Board of Adjustment once in the newspaper designated by the Board of County Commissioners for publi- cation of legal notices . The date of publi- cation shall be at least ten (10) days prior to the scheduled hearing. 62 . 3. 2. 3 The Department of Planning Services shall mail (first class) , ten (10) days prior to the scheduled hearing, a notice of the public hearing to the owners of the surface estate located within five hundred (500) feet of the parcel under consideration for the variance. The Department ' s source of the ownership in- formation shall be the application for va- riance submitted by the appellant . 62. 3 . 2 .4 The Department of Planning Services shall review the application for consideration of the appeal and shall prepare comments , for use by the Board of Adjustment , addressing all aspects of the appeal, its conformance with sound land USE planning practices, the effect of granting or denying the appeal , its con- formance with the Weld County Comprehensive Plan and MASTER PLANS of affected munici- palities . 60-6 944 181;593j BOOK 45 RECEPTION 1867328 BOOK._. ....... RECEPTION .. si- �i� i3/-ai6 62. 3. 3 Duties of the Board of Adjustment . The Board of Adjustment shall hold a public hearing to consider the appeal. Seven (7) members of the Board of Adjustment shall constitute a quorum for the transaction of business . The Board of Adjustment shall make its decision based only on the information presented at the public hearing. The concurring vote of six (6) members of the Board of Adjustment shall be necessary in order to decide in favor of the appellant on any appeal brought pursuant to the Weld County Zoning Ordinance. 62.3 . 3 . 1 An appeal for variance of the terms of the Weld County Zoning Ordinance shall not be granted until and unless the Board of Ad- justment has found and determined that : 62 . 3. 3. 1 . 1 Special conditions and circumstances exist which are peculiar to the LOT, STRUCTURE, or BUILDING involved and which are not applicable to other LOTS , STRUCTURES, or BUILDINGS in the same zoning district . 62 . 3 . 3. 1. 2 Literal interpretation of the provisions of this Ordinance would deprive the appellant of rights commonly enjoyed by other properties in the same zoning district under the terms of this Ordinance. 62 . 3 .3 . 1. 3 The special conditions and circumstances do not result solely from the actions of the appellant . 62. 3 . 3 . 1.4 The reasons set forth in the application and testimony justify the granting of the variance, and that the variance is the minimum variance that will make possible the reasonable USE of the LOT, BUILDING, or STRUCTURE. 62. 3. 3. 1. 5 The granting of the variance will be in har- mony with the purpose and intent of this Ordinance, and will not be injurious to the NEIGHBORHOOD, or otherwise detrimental to the public health, safety, or welfare. 60-7 945 1869328 1865933 BOOK. „ . RECEPTION BOOK 944 RECEPTION _ 413/ -.2/7 013/ - 2/ 7 TABLE OF CONTENTS SECTION PAGE 70 Non-Conforming Lots , Uses , and Structures 70-1 71 Intent 70-1 72 Non-Conforming Lots 70-1 73 Non-Conforming Uses of Land 70-1 74 Non-Conforming Structures 70-2 75 Non-Conforming Uses of Structures 70-3 76 Uses Allowed by Special Review Permit are not Non-Conforming Uses 70-5 944 6593:3; od 1867328 BOOK RECEPTION- �...,._. ,,.�� BOOT ..�.... RECEPTION 70 Non-Conforming Lots , Uses , and Structures 71 Intent. Within the zoning districts established by this Ordinance or amendments thereto , there exist LOTS , STRUC- TURES , USES of land or STRUCTURES , and characteristics of USE which were lawful before zoning regulations were passed or amended, but which would be prohibited, regulated, or restricted under the terms of this Ordinance or future amendment . It is the intent of this Ordinance to permit these non-conformities to continue until they are removed or abandoned, but not to encourage their survival. It is further the intent of this Ordinance that non-conformities shall not be enlarged upon, expanded or extended, nor be used as justification for adding other STRUCTURES or USES prohibited elsewhere in the same zoning district . Non- conforming USES are declared by this Ordinance to be incom- patible with permitted USES in the zoning districts in- volved. 72 Non-Conforming Lots . In any district in which SINGLE FAMILY DWELLINGS are permitted, a SINGLE FAMILY DWELLING and customary accessory STRUCTURES may be erected on any single LEGAL LOT, notwithstanding limitations imposed by other provisions of this Ordinance. This provision shall apply even though such LOT fails to meet the requirements for LOT area that are applicable in the zoning district , provided that Bulk Requirements other than those which apply to LOT area shall be met . Variance of Bulk Requirements shall be obtained only through action of the Board of Adjustment . 73 Non-Conforming Uses of Land. Where at the time of passage of this Ordinance, or of passage of future amendments of this Ordinance, a lawful USE of land exists which would not be permitted by the regulations imposed by this Ordinance or future amendment , the USE may be continued so long as it remains otherwise lawful provided the following conditions are met : 73 . 1 Extension or expansion. 73 . 1 . 1 No such non-conforming USE shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effec- tive date of adoption or amendment of this Ordinance without first having received a Special Review Permit pursuant to the pro- cedure established in Section 24. 73 . 1. 2 A non-conforming USE shall not be extended or enlarged after adoption or amendment of this Ordinance by erection of additional SIGNS intended to be seen from off the premises , or by the addition of other USES which would be prohibited in the zoning district involved. 70-1 944 186593;3 BOOK 945 186'7328 BOOK RECEPTION c RECEPTION .. .,.,s 13/- -217 3f- at ? 73 . 1.3 No such non-conforming USE shall be moved in whole or in part to any portion of the LOT or parcel other than that occupied by such USE at the effective date of adoption or amendment of this Ordinance. 73 .2 Substitution of USES 73 . 2 . 1 A non-conforming USE may as a Use by Special Review be changed to another USE which does not conform to the USES allowed in the zoning district provided that the Board of County Commissioners shall find that the proposed USE is equally appropriate or more appropriate to the zoning district and NEIGHBORHOOD than the existing non-conforming USE. In permitting such change, the Board of County Commissioners may require appropriate conditions and safe- guards in accord with the provisions of this Ordinance. 73 . 2. 2 Whenever a non-conforming USE is replaced by a permitted USE the non-conforming USE may not be re-established. The permitted USE shall thereafter conform to the provisions of this Ordinance. 73. 3 Abandonment . If any such non-conforming USE of land ceases for any reason for a period or more than six (6) months , any subsequent USE of such LOT or parcel shall conform to the regulations specified by this Ordinance for the zoning district in which such LOT or parcel is located. 74 Non-Conformin Structures . Where a lawful STRUCTURE exists at the effective date of adoption or amendment of this Ordinance that could not be be built under the terms of this Ordinance by reason of restrictions on area, LOT coverage, height, its location on the LOT, or other requirements concerning the STRUCTURE, such STRUCTURE may continue to exist so long as it remains otherwise lawful , subject to the following provisions : 74. 1 Repair and Restoration. Should such non- conforming STRUCTURE or non-conforming portion of a STRUCTURE be destroyed by any means to an extent more than fifty percent (50%) of its replacement cost at time of destrucion, it shall not be restored except in conformance with the provisions of this Ordinance. Ordi- nary repairs the value of which do not exceed fifty percent (50%) of replacement cost of the STRUCTURE may be permitted. 70-2 944 1865933 186'7328 BOOK RECEPTION � 8005 RECEPTION e O 74. 2 .731 — Expansion or enlargement. No such n on- conforming STRUCTURE or non-conforming portion of a STRUCTURE may be expanded, enlarged or altered in a way which increases its non- conformity. 74.3 Substitution of STRUCTURES . Should such non- conforming STRUCTURE be moved for any reason, for any distance whatever , it shall thereafter conform to the regulations for the zoning district in which it is located after it is moved. 74. 4 Existing Building Permits . To avoid undue hardship, nothing in this Ordinance shall be deemed to require a change in the plans or construction of any STRUCTURE on which actual construction was lawfully begun prior to the effective date of adoption or amendment of this Ordinance and upon which actual con- struction has been carried on diligently. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a perma- nent manner. Where excavation or demolition or removal of an existing STRUCTURE has begun preparatory to construction, such excavation, demolition or removal shall be deemed to be actual construction provided a building permit for the new STRUCTURE has been issued and the preparatory work is carried on diligently. 75 Non-Conforming Uses of Structures. If a lawful USE of a STRUCTURE or STRUCTURE and premises in combination exists on the effective date of adoption or amendment of this Ordi- nance that would not be allowed in the zoning district under the terms of this Ordinance, the USE of such STRUCTURE or STRUCTURE and premises may be continued so long as it re- mains otherwise lawful, subject to the following provisions : 75. 1 Repair and Restoration. An existing STRUCTURE devoted to a USE not permitted by this Ordi- nance in the zoning district in which it is located which is destroyed by any means to an extent greater than fifty percent (50 ) of its replacement cost at time of destruction shall not be restored except to gain conformance with all provisions of this Ordinance. The non-conforming USE may not be re-established after restoration. Ordinary repairs , the value of which do not exceed fifty percent (50%) of replacement cost of the STRUCTURE may be permitted. 70-3 944 1865933 945 BOOK RECEPTION......._.._. _ BOOK•........... RECEPTION 186�32� �.-/- 2 a l ............. 75. 2 Expansion or Enlargement a3(- ( 75. 2 . 1 A non-conforming USE may be extended through- out any parts of a STRUCTURE which were mani- festly arranged or designed for such USE at the time of adoption or amendment of this Ordinance, but no such USE shall be extended to occupy any land outside such STRUCTURE without first having received a Special Review Permit pursuant to the procedures established in Section 24. 75 . 2 . 2 A non-conforming USE shall not be extended or enlarged after adoption or amendment of this Ordinance by erection or attachment of addi- tional SIGNS intended to be seen off the premises , or by the addition of other USES which would be prohibited in the zoning dis- trict involved. 75 . 2 .3 No such non-conforming USE shall be moved in whole or in part to any portion of the LOT or parcel other than that occupied by such USE on the effective date of adoption or amendment of this Ordinance . 75 . 3 Substitution of USES 75. 3 . 1 A non-conforming USE may, as a Use by Special Review, be changed to another USE which does not conform to the USES allowed in the zoning district . Provided, however, that the Board of County Commissioners shall find that the proposed USE is equally appropriate or more appropriate to the zoning district and NEIGH- BORHOOD than the existing non-conforming USE. In permitting such change, the Board of County Commissioners may require appropriate condi- tions and safeguards in accord with the pro- visions of this Ordinance. 75.3 . 2 Whenever a non-conforming USE is replaced by a permitted USE the non-conforming USE may not be re-established. The permitted USE shall thereafter conform to the provisions of this Ordinance. 75. 4 Abandonment. When a non-conforming USE of a STRUCTURE or STRUCTURE and premises is dis- continued or abandoned for any reason for a period of more than one (1) year, any subse- quent USE of such STRUCTURE or STRUCTURE and premises shall conform to the regulations specified by this Ordinance for the zoning district in which such STRUCTURE or STRUCTURE and premises is located. 70-4 ;; BOOK 945 1867328 BOOK 944 RECEPTION 186:1933. , RECEPTION.,... , . 76 Uses Allowed by Special Review Permit are not Non-Conforming Uses . 76. 1 Any USE which lawfully exists at the time of adoption of this Zoning Ordinance and which would require a Special Review Permit in the zone district in which it is located under the provisions of this Zoning Ordinance shall not be deemed a non-conforming use, but shall, without further action, be considered as having received a Special Review Permit and may be continued with all rights and privileges under the provisions of this Zoning Ordinance. However, no such USE may be expanded, or en- larged without first obtaining a Special Review Permit in accordance with the requirements of this Zoning Ordinance. 70-5 945 1867328 qq 186593 BOOK.._.._... RECEPTION...........................n BOOl�44 RECEPTION .............._,? 3i ..2a3 TABLE OF CONTENTS 3 r` =1'2' p SECTION PAGE 80 Enforcement 80-1 81 Violations and Penalties 80-1 82 Criminal Action 80-1 83 Civil Action 80-2 944 186593:3 BOOK.._.__- RECEPTION 945 186 7328 423 . o? .2 y BOOK RECEPTION 80 Enforcement .23 ;'� 81 Violations and Penalties . Weld County, through its Depart- ment of Planning Services or other departments so authorized, may enforce the Weld County Zoning Ordinance through methods included in this Ordinance or through other methods adopted by the Board of County Commissioners . 82 Criminal Action 82. 1 It is unlawful to erect, construct, reconstruct, or alter any BUILDING or STRUCTURE in violation of any provision of the Weld County Zoning Ordinance. Any person, firm, or corporation violating any provision of this Ordinance is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than one hundred dollars ($100) , or by imprisonment in the county jail for not more than ten (10) days, or by both such fine and imprisonment . Each day during which such illegal erection, construction, reconstruction, or alteration continues shall be deemed a separate offense. 82. 2 It is unlawful to USE any BUILDING, STRUCTURE , or land in violation of any provision of the Weld County Zoning Ordi- nance. Any person, firm, or corporation violating any provision of this Ordinance is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than one hundred dollars ($100) , or by imprisonment in the county jail for not more than ten (10) days , or by both such fine and imprisonment . Each day during which such illegal USE of any BUILDING, STRUCTURE, or land continues shall be deemed a separate offense . 82. 3 Whenever the Department of Planning Services , through one of its employees , has personal knowledge of any violation of the Weld County Zoning Ordinance, it shall give written notice to the violator to correct such violation within thirty (30) days after the date of such notice. Should the violator fail to correct the violation within such thirty (30) day period, the Department of Planning Services may request that the Weld County Sheriff' s Department issue a summons and complaint to the violator, stating the nature of the violation with sufficient particularity to give notice of said charge to the violator. The summons and complaint shall require that the violator appear in court at a defi- nite time and place stated therein to answer and defend the charge. 82 . 3 . 1 One (1) copy of said summons and complaint shall be served upon the violator by the Weld County Sheriff ' s Department in the manner provided by law for the service of a criminal 80-1 BOOK._ RECEPTION....................... 945 1867328 a 3/ a A 5---• BOOK RECEPTION a3i-- 25 summons . One (1) copy each shall be retained by the Sheriff' s Department and Department of Planning Services and one (1) copy shall be transmitted to the clerk of the court. 82. 4 It is the responsibility of the Weld County Attorney to enforce the provisions of this Ordinance. In the event the Board of County Commissioners deems it appropriate, the Board of County Commissioners may appoint the District Attorney to perform such enforcement duties in lieu of the Weld County Attorney. 83 Civil Action 83 . 1 In case any BUILDING OR STRUCTURE is or is proposed to be erected, constructed, reconstructed, altered, or used, or any land is or is proposed to be used, in violation of any provision of the Weld County Zoning Ordinance, the Weld County Attorney, or where the Board of County Commissioners deems it appropriate, the District Attorney, in addition to the other remedies provided by law, ordinance, or resolu- tion, may institute an injunction, mandamus , abatement, or other appropriate action or proceeding to prevent, enjoin, abate, or remove such unlawful erection, construction, reconstruction, alteration, or USE. 80-2 945 1867328 pp BOOK_......._ RECEPTION ...r.........., Boo k44... RECEPTION 1$&393;1, ALPHABETICAL .73(-0707 6 fl,' - aaC0 SUBJECT INDEX PAGE SUBJECT SECTION NUMBER A Adoption and Effective Date 9 1-8 Agricultural (A Zone District) 31 30-1 Airport (A-P) Overlay Zone District 51 50-1 Amendments to Zoning Ordinance Map 21 20-1 Application Requirements : Change of Zone 21 . 7 20-10 Site Plan Review 23 20-17 Uses by Special Review 24. 7 20-18 Special Review Permit for Public Utilities 25 . 7 20-40 Flood Hazard Permit 26. 5 20-53 Geologic Hazard Permit 27 . 5 20-56 PUD Application Requirements 28. 5 20-67 B Board of Adjustment 60 60-1 Board of County Commissioners (see Duties of Board) Bulk Requirements : Agricultural (A) Zone District 31 . 5 30-5 Residential Districts 32 . 7 30-14 Commercial Districts (see Performance Standards) Industrial Districts (see Performance Standards) PUD District (see Performance Standards) C Change of Zone: Zoning Map Amendment 21 20-1 Text of Zoning Ordinance Amendment 22 20-15 Commercial Zone Districts 33 30-16 C-1 Zone District 33 . 2 30-16 C-2 Zone District 33 . 3 30-19 C-3 Zone District 33. 4 30-22 a 1867328 944 1865933 BOOK945 RECEPTION M..............n BOOK RECEPTION ..._........w J3 a 27 a3/ - aa7 SUBJECT PAGE SECTION NUMBER D Definitions 10 10-1 Design Standards for Use by Special Review (see Standards) Duties of the Applicant (see Application Requirements) Duties of Board of County Commissioners : Change of Zone 21 . 6 20-6 Amendments to Text of Zoning Ordinance 22. 4 20-16 Uses by Special Review 24. 4 20-24 Special Review Permit for Public Utilities 25. 6 20-40 PUD District 28. 4 20-63 Duties of the Department of Planning Services : Change of Zone 21 . 4 20-1 Amendments to Text of the Zoning Ordinance 22 20-15 Site Plan Review 23 20-17 Uses by Special Review 24. 2 20-19 Special Review Permit for Public Utilities 25 . 4 20-36 Flood Hazard Permits 26. 3 20-50 Geologic Hazard Permits 27 . 3 20-54 PUD District 28 . 2 20-59 Duties of the Planning Commission: Change of Zone 21. 5 20-4 Amendments to Text of the Zoning Ordinance 22 . 3 20-16 Uses by Special Review 24. 3 20-23 Special Review Permit for Public Utilities 25 . 5 20-39 PUD District 28 . 3 20-60 E Enforcement of Zoning Ordinance 80 80-1 F Flood Hazard Overlay Zone District 53 50-7 Flood Hazard Permit Requirements 26 20-49 b 944 1865933 945 186'7328 BOOK RECEPTION PAGE SUBJECT SECTION NUMBER G Geologic Hazard Overlay Zone District 52 50-6 Geologic Hazard Permit Requirements 27 20-54 H I Industrial Zone Districts 34 30-30 I-1 Zone District 34. 2 30-31 I-2 Zone District 34. 3 30-33 I-3 Zone District 34. 4 30-35 J K L M Map , Zoning Amendment to 21 20-1 Mining (open mining) 44 40-20 Mobile Homes and Accessory Dwelling Units 43 40-7 N Non-Conforming Lots , Uses and Structures 70 70-1 0 Open Mining 44 40-20 Operation Standards for Uses by Special Review 24. 6 20-28 c 944 1865933 945 1867328 BnOK_ ....,._.. RECEPT!ON_..... ,,_.....,.. .,:...W. BOOK RECEPTION SUBJECT n/_ a ? ..3 3[ 01C21 PAGE SECTION NUMBER P Parking and Loading Requirements 41 40-1 Performance Standards : Commercial Districts 33. 6 30-27 Industrial Districts 34. 5 30-37 PUD District 35 . 3 30-42 Planning Commission (see Duties of Planning Commission) P.U. D. Zone District 35 30-41 P. U.D. Application Requirements 28 20-58 q R Redistricting Procedures 8. 2 1-4 Residential Zone Districts : 32 30-5 R-1 Zone District 32 . 2 30-6 R-2 Zone District 32. 3 30-8 R-3 Zone District 32 . 4 30-9 R-4 Zone District 32. 5 30-10 R-5 Zone District 32 . 6 30-12 S Signs 42 40-5 Site Plan Review 23 20-17 Standards : Design Standards for Use by Special Review 24. 5 20-26 Operation Standards for Use by Special Review 24. 6 20-28 Standards for Special Review Permit Public Utilities 25 . 8 20-47 Standards for Flood Hazard Permit 26 .4 20-51 Standards for Geologic Hazard Permit 27. 4 20-56 T d 944 BOOK..-- RECEPTION 186593:3 BOOK 9 SRECEPTION....1{ ' , SUBJECT a3" 23c ECTION NPAGE UMBER Use by Special Review 24 20-18 Use by Special Review for Public Utilities 25 20-35 V X Y Zone Districts (See Agricultural Zone District , Commercial Zone District, Industrial Zone District , P.U.D. Zone District , Residential Zone District) e The foregoing Ordinance No. 89 and the accompanying official "1Weld County Zoning Map were , on motion duly made and seconded, .: ,adopted by the following vote on the 10th day of August A. D. , 1981 . I BOARD OF COUNTY COMMISSIONERS p ATTEST: 64114 WEL OU TY, COL DO u°i. Weld County lerk and Recorder dan e k to t r c Car son, Chairman puty o er Norman Carlson, Pro-Tem 8 AP ED AS TO ORM: ,, , ‘ L (/ 8 C . W,, Kfrby C e T 212'2-22C;[9 M County Attorney J n T. Martin › c% c.0 ` ABSENT I D C i June K. Steinmark Z O F a W U W ce '04 ! Y O O m 1st reading: July 13, 1981 Publication: July 16, 1981 2nd reading: July 27, 1981 Publication: July 30, 1981 Final reading: August 10, 1981 Publication: August 13, 1981 EFFECTIVE DATE: August 18 , 1981 Final publication was made not reflecting date of motion and signatures of Commissioners. Therefore, 4th publication was made on August 20, 1981. In accordance with the Weld County Home Rule Charter the effective date of Ordinance #89 shall be: AUGUST 25, 1981 Hello