HomeMy WebLinkAbout850777.tiff ARdO15439
ORDINANCE NO. 89-T
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• IN THE MATTER OF AN AMENDMENT TO ORDINANCE NO. 89, WELD COUNTY ZONING
o ORDINANCE, REVISING CERTAIN PROCEDURES, TERMS, AND REQUIREMENTS.
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0 3 BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF WELD COUNTY,
o a COLORADO:
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pWHEREAS, the Board of County Commissioners of Weld County, Colorado,
Wpursuant to Colorado statute and the Weld County Home Rule Charter, is
,,.la vested with the authority of administering the affairs of Weld County,
Colorado, and
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~ x WHEREAS, the Board of County Commissioners has the power and authority
under the Weld County Home Rule Charter and Article 28 of Title 30, CRS to
CO U adopt zoning regulations for the unincorporated areas of the County of Weld,
and
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EWHEREAS, The Board of County Commissioners of Weld County, Colorado,
o a adopted Ordinance No. 89, Weld County Zoning Ordinance, establishing a
comprehensive revision of the zoning regulations and zoning maps for the
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cn W unincorporated areas of the County of Weld, and
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WHEREAS, said Ordinance No. 89 is in need of revision and clarification
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N < with regard to procedures, terms, and requirements therein.
U a WHEREAS, said Ordinance No. 89 is consistent with the overall intent of
athe Weld County Zoning Ordinance.
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r- d' NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of
� o Weld County, Colorado that said Ordinance No. 89 is amended by the addition
or revision of various sections which read as follows:
Amend the ANIMAL UNIT definition to read:
ANIMAL UNIT: A term and number used to establish an equivalency for various
species of LIVESTOCK (e.g. , one (1) cow is equivalent to two hundred (200)
rabbits) . The number of LIVESTOCK allowed by right is dependent upon bulk
requirements of the Agricultural or Residential Zone Districts. LIVESTOCK
in excess of the bulk reqpirements for the Agricultural Zone District shall
require a Use by Special Review Permit for a LIVESTOCK CONFINEMENT
OPERATION. All LIVESTOCK shall have the following ANIMAL UNIT equivalents
and bulk requirements:
1
850777
IN THE AGRICULTURAL ZONE DISTRICT
Maximum
o 0 Animal Unit Number of Number
Equivalents Animals Per Acre
NO
v Cow 1 1 4
Ca a Horse 1 1 4
0 3 Swine .2 5 20
o a Sheep . 1 10 40
• W Goat . 1 10 40
a Poultry .02 50 200
o Rabbit .02 50 200
V
W
`^ a RESIDENTIAL ZONE DISTRICT
N
.. W
W
ti x Maximum
Z Animal Unit Number of Number
m 4 Equivalents Animals Per Lot
co U
m z Cow 1 1 2
W Horse 1 1 2
o y Swine .5 2 4
Z Sheep .2 5 10
rn a Goat .2 5 10
w Poultry .02 50 100
m z Rabbit .02 50 100
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No Any combination of the above LIVESTOCK and their equivalents as a use by
u a right shall not exceed the maximum of four (4) ANIMAL UNITS per acre in the
W Z P Agricultural Zone District or two (2) ANIMAL UNITS per LOT in THE
Residential Zone District.
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o N Amend the COMMERCIAL MINERAL DEPOSIT definition to read:
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• G. COMMERCIAL MINERAL DEPOSIT: A natural mineral deposit of
limestone used for construction purposes, coal, sand, gravel,
and quarry aggregate, for which extraction by an EXTRACTOR is
or will be commercially feasible and regarding which it can
be demonstrated by geologic, mineralogic, or other scientific
data that such deposit has significant economic or strategic
value to the area, state, or nation.
Add new definition for EXTRACTOR to read:
EXTRACTOR: Any individual, partnership, association, or
corporation which extracts COMMERCIAL MINERAL DEPOSITS for
use in the business of selling such deposits or for use in
another business owned by the extractor or any department or
division of federal, state, county, or municipal government
which extracts such deposits.
2
Amend the LIVESTOCK CONFINEMENT OPERATION (L.C.O.) definition to read:
m 0 LIVESTOCK CONFINEMENT OPERATION (L.C.O.) : A place of
o U confinement for LIVESTOCK, corralled, penned or otherwise
caused to remain in pens or corrals where feeding is other
than grazing, or where the capacity at any one time is
greater than permitted in the Bulk Requirements for the
,.a zoning district in which it is located. For example, an
00 L.C.O. may include DAIRIES, feedlots, poultry and swine
production facilities.
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Amend the MOBILE HOME definition to read:
O
MOBILE HOME: A transportable STRUCTURE which exceeds either
'"' a
N 8 feet in width or 32 feet in length, is built on a chassis
and is designed, when connected to the required utilities, to
he used as a year round DWELLING UNIT with or without a
Wpermanent foundation.
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Add new Section 29.4 to read:
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W 29.4 Investigation Fee. An additional investigation fee shall be added to
o (0 the cost of the permit application when specific land, USES, BUILDINGS,
MOBILE HOMES, MANUFACTURED HOMES, and STRUCTURES that require a permit
CA M by this Ordinance are located, moved, operated, or constructed prior to
a, obtaining a permit. The investigation fee shall be 50% of the fee
2 established by separate action by the Board of County Commissioners for
oo Z land-use applications. In no event shall the investigation fee exceed
o an amount set by separate action by the Board of County Commissioners.
U a The payment of such investigation fee shall not relieve any persons
from fully complying with the requirements of this Ordinance, nor from
any other penalties prescribed herein.
rc
o Amend Section 31.4.15 to read:
a' 31.4.15 HOME BUSINESS;
Add new Section 31.2. 19 to read:
31.2.19 MANUFACTURED HOME subject to the additional
requirements of Section 46.
Amend Section 31.4.9 to read:
31 .4.9 Solid Waste Disposal sites and facilities,
subject to the additional requirements of
Section 45.4;
3
Amend Section 32.6.2. 1 to read:
32.6.2. 1 One (1) MOBILE HOME, MANUFACTURED HOME, or
SINGLE FAMILY DWELLING per LEGAL LOT. The
MOBILE HOME, MANUFACTURED HOME, or SINGLE
FAMILY DWELLING shall be connected to and
o U served by a PUBLIC WATER system and a PUBLIC
SEWER system. Evidence that PUBLIC WATER and
PUBLIC SEWER are available to the LEGAL LOT
U shall be provided prior to the issuance of a
building permit. This requirement does not
a
o 3 apply to any LEGAL LOT created prior to the
o
enactment date of this Ordinance. This
o a requirement also does not apply to any LOT
4.41-W included in a proposed subdivision which has
0 preliminary subdivision plat or final
subdivision plat approval by the Planning
m a Commission or the Board of County
r;; Commissioners prior to the enactment date of
this Ordinance.
L r7 Amend Section 43.2.7 to read:
0o
Z 43.2.7 Accessory STRUCTURE. A zoning permit for a
ri MOBILE HOME used as an accessory STRUCTURE on
H a lot in the A District may be issued by the
o a Department of Planning Services subject to the
al 0 following provisions:
rn
err 44
43.2.7. 1 The applicant must obtain a building permit
0 2 for a MOBILE HOME and must comply with all
N 4 installation standards of the Weld County
Building Code applicable to MOBILE HOMES.
W Electricity is the only utility which is
oS permitted to be connected to the MOBILE HOME.
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o N 43.2.7.2 The MOBILE HOME may not be used on any basis
r+ o as a DWELLING or as overnight or TEMPORARY
M k4 housing for any person.
43.2.7.3 The applicant must demonstrate that no
reasonable alternative exists to using the
MOBILE HOME as an accessory STRUCTURE.
43.2.7.4 Only one zoning permit for a MOBILE HOME used
as an accessory STRUCTURE may be issued per
LEGAL LOT at any one time by the Department of
Planning Services.
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43. 2.7.5 The Department of Planning Services shall make
its determination on the issuance of a zoning
permit for a MOBILE HOME used as an accessory
STRUCTURE on the basis of a signed statement
by the applicant that the conditions of
Sections 43.2.7. 1 through 43.2.7.4 are met,
upon information contained in the permit
application, and upon such independent
o evidence as may be available or which the
staff may reasonable require.
Ln O
U 43.2.7.6 A zoning permit for more than one MOBILE HOME
in the A District used as an Accessory
0 3 STRUCTURE may be issued only upon approval by
the Board of County Commissioners. The Board
O a of County Commissioners shall review the
m q application for compliance with the criteria
p set out in Section 43.2.7. 1 through 43.2.7.4
at a regularly scheduled meeting of the Board.
r) a 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
N a located within five hundred (500) feet of the
0o U parcel under consideration. Such notification
shall be mailed, first class, not less than
Wten (10) days before the scheduled meeting.
H Such notice is not required by Colorado State
Statute and is provided as a courtesy to
a p surrounding property owners (the surface
m w estate) . Inadvertent errors by the applicant
.Zr rig
in supplying such list or the Department of
o z Planning Services in sending such notice shall
N not create a jurisdictional defect in the
permit process even if such error results in
W Z the failure of a surrounding property owner to
a receive such notification. The Department of
Ill 1/4O Planning Services shall provide a sign for the
o N applicant to post on the property in question
' indicating that more than one MOBILE HOME to
M N be used as an accessory STRUCTURE 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 accessory STRUCTURE MOBILE HOME
on the surrounding properties. In addition,
the Board shall consider compatibility of the
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accessory STRUCTURE 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.
43.2.7.7 All zoning permits for MOBILE HOMES used as
00 o accessory STRUCTURES are temporary. The
o U permit shall automatically expire upon the
cessation of the USE of the MOBILE HOME as an
1O accessory STRUCTURE. The MOBILE HOME shall be
Ca removed from the property.
O 3 Add New Section 43.4 to read:
o W vr 43.4. The Board of County Commissioners delegates the authority
a to issue a zoning permit for a MOBILE HOME which
O otherwise requires the approval of the Board of County
W Commissioners through a public hearing process to the
N Department of Planning Services upon the determination by
the Department that:
43.4. 1 The applicant is in compliance with the
a criteria identified in the Ordinance for the
co U specific category of zoning permit that is
o H being applied for.
o a 43.4.2 The applicant has submitted a petition
containing the signatures of at least 70% of
the people owning property within 500 feet of
M
. g the property that the MOBILE HOME is proposed
Z to be located on. The petition shall
oz
indicate that the surrounding property owners
o who have signed the petition have no
objections to the issuance of the zoning
r;41 permit for the MOBILE HOME.
r 43.4.3 If the applicant is unable to obtain a
o N petition in favor of the issuance of a zoning
ri o
permit for a MOBILE HOME with at least 70% of
• g the people's signatures owning property
within 500 feet of the property that the
MOBILE HOME is proposed to be located on, the
Board of County Commissioners shall consider
the zoning permit for the MOBILE HOME in a
public hearing in accordance with the
provisions of the Ordinance.
6
Amend Section 45.4 to read:
45.4 Solid Waste Sites and Facilities or Hazardous Waste Disposal
Sites
a p 45.4. 1 Certificates of Designation for solid or
o U hazardous waste disposal sites and facilities
as required by Colorado Revised Statutes and
UCode of Colorado Regulations shall not be
a deemed approved until or unless a Use by
Special Review Permit has been approved by
o41
the Planning Commission or the Board of
o a County Commissioners where required by this
z- 41 Ordinance. The Board shall be guided in its
review of a Certificate of Designation by
0 state statute and regulations contained in
Colorado Revised Statutes and Code of
mg Colorado Regulations.
—4g 45.4.2 Applicants for activities reviewed pursuant
to Section 24 for any Solid Waste sites and
m g facilities or Hazardous Waste disposal. sites
shall have the burden of proof to demonstrate
H that there is a need for the facility within
Fthe proposed area of service, and the
o ul Planning Commission and Board shall he
satisfied that a need exists as part of the
M W determinations for any such permit.
.4444 Add New Section 46.4 to read:
tft
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Z46.4. The Board of County Commissioners delegates the authority to
o issue a zoning permit for a MANUFACTURED HOME, which
u a otherwise requires the approval of the Board of County
w Commissioners through a public hearing process, to the
a
Department of Planning Services upon the determination by
OD
r- the Department that:
O N
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46.4. 1 The applicant is in compliance with the
°U 44 criteria identified in the Ordinance for the
specific category of zoning permit that is
being applied for.
46.4.2 The applicant has submitted a petition
containing the signatures of at least 70% of
the people owning property within 500 feet of
the property that the MANUFACTURED HOME is
proposed to be located on. The petition
shall indicate that the surrounding property
owners who have signed the petition have no
objections to the issuance of the zoning
permit for the MANUFACTURED HOME.
7
46.4.3 If the applicant is unable to obtain a
petition in favor of the issuance of a zoning
permit for a MANUFACTURED HOME with at least
707 of the people's signatures owning
property within 500 feet of the property that
the MANUFACTURED HOME is proposed to be
O located on, the Board of County Commissioners
o U shall consider the zoning permit for the
o MANUFACTURED HOME in a public hearing in
a) 0
accordance with the provisions of the
Ordinance.
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03
W WHEREAS, said revision is necessary to expedite certain permitting
a requirements which will benefit the citizens of Weld County and to change
p the existing text of this Ordinance to be consistent with Colorado Revised
Statutes and therefore, the Board of County Commissioners of Weld County
re) Z hereby find and determines that the necessity of enacting this Ordinance No.
N 89-I constitutes an emergency under the provisions of Section 3-14 of the
`H° Weld County Home Rule Charter.
,n a BE IT FURTHER ORDAINED THAT AN EMERGENCY EXISTS WHICH REQUIRED THAT
a) U THIS Ordinance No. 89-I is declared an emergency Ordinance under the
ra Z provisions of Section 3-14 of the Weld County Home Rule Charter.
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ro The above and foregoing Ordinance No. 89-I was, on motion duly made and
aseonded, adopted by the following vote of the 1st day of July, A.D. , 1985.
rn en w W BOARD OF COUNTY COMMISSIONERS
cW
Z ATTEST: ` yT 4Q y� WELD COUNTY, COLORADO
(NI !-C i.\
aWeld/Co n Recorder
ancCl l J cque e John o , Chairman
1;41
ner
r 7t EXCUSED
r-IO N
o BY: ) (A Gene R. Brantner, -Pro-Tem
Z eputy County Cle
•
C. W. Kir
APPROVE • S TO FORM:
ot� A torney d�uh
Fra Yamaguch
Read and Approved: July 1, 1985
Published: July 11, 1985, in the Johnstown Breeze
8
HEARING CERTIFICATION
DOCKET NO. 85-36
RE: AMENDMENTS TO ZONING ORDINANCE
A public hearing was conducted on July 1, 1985, at 9:30 A.M. , with the
following present:
Commissioner Jacqueline Johnson, Chairman
Commissioner Gene Brantner, Pro-Tem, Excused
Commissioner C.W. Kirby
Commissioner Gordon E. Lacy
Commissioner Frank Yamaguchi
Also present:
Acting Clerk to the Board, Tommie Antuna
Assistant County Attorney, Lee D. Morrison
Director of Planning Services, Chuck Cunliffe
The following business was transacted:
I hereby certify that pursuant to a notice dated May 29, 1985, and duly
published May 30, 1985, in the Johnstown Breeze, a public hearing was
conducted to consider amendments to the Weld County Zoning Ordinance.
Lee Morrison, Assistant County Attorney, made this matter of record.
Mr. Cunliffe, Director of Planning Services, said there are two
Resolutions of recommendation from the Planning Commission. One is in
regard to the proposed amendments to animal units allowed per acre in
Agricultural Subdivisions and the second concerns other proposed
changes to the Zoning Ordinance. Mr. Cunliffe recommended that the
animal unit matter be considered separately at this time. He read the
proposal and recommendation for approval from the Planning Commission
into the record. The recommendation from the Planning Commission
proposes to change the number of animal units allowed in Agricultural
Subdivisions. The change would allow two animal units for the first
acre and one animal unit for each acre thereafter. At this point,
Chairman Johnson explained to the audience what is meant by an animal
unit. She said that prior to December, 1984, there was an Ordinance
which stated that in all agricultural areas, four animal units per acre
were allowed and in all residential areas, two animal units per lot
were allowed. Complaints were received concerning the number of
animal units allowed in these areas and the Ordinance, after being
published in the County legal newspaper, was amended at a public
hearing to allow two animal units per lot from four animal units per
acre. Earlier this year, complaints were received again; therefore,
the Planning staff prepared proposed revisions and presented them to
the Planning Commission for its review. These revisions are to be
considered by the Board today. Members of the audience who were
opposed to the proposed revisions and came forward to state their
reasons for such opposition were: Paul Ross, Lily Whittman, Jim Miller,
David Bernhardt, Suzanne Tanguay, Gerald DeGraff, Harold Sadler, (Tape
Change #85-54) Rebecca Fenner, Kathy Boerema, Merrlyn Sue Brough,
James Brough, Ken Moore, Ron Motley, B.J. Smith, Glenn Garver, Karen
Garver, Fred Winkinhofer, Mary Howard, Marion Hager, Murphy Olivier,
Dorothy Janich, Jeannie Zimmerman, Dwayne Brackeen, Daniel Larson,
Jerry Hamilton, Lester Gilbee, William Ray Adams, Sr. , Linda McKenna,
Sally Harms, Don Hirsch, and Dan Stockley. Mr. Ken Moore also
submitted a petition to the Board when he came forward to speak. At
this time, the Board called several members of the audience back for
questions. Chairman Johnson then stated that the Board's options are
to vote on the recommendation of the Planning Commission or continue
the hearing. She said if the Board does not wish to accept the
recommendation of the Planning Commission, another proposal can be
suggested and voted on at this time. Mr. Morrison said that the
recommendation from the Planning Commission has been incorporated into
the proposed Ordinance and must be re-drafted if the Board does not
accept said recommendation. Considerable discussion followed. (Tape
Change #85-55) Commissioner Lacy moved to amend the Weld County Zoning
Page 2
RE: HEARING CERTIFICATION - AMENDMENTS TO ZONING ORDINANCE
Ordinance to allow four animal units per acre in Agricultural Zoned
Districts. The motion was seconded by Commissioner Kirby. After
discussion, a roll call vote was taken and the motion carried with
Chairman Johnson and Commissioners Lacy and Kirby voting aye.
Commissioner Yamaguchi voted nay. Mr. Morrison advised Mr. Cunliffe
that the necessary language would have to be inserted into Ordinance
#89-I, which is to be read into the record later in this hearing. Mr.
Cunliffe said he would have this done immediately. Chairman Johnson
said a press release will be submitted to the local newspapers
concerning this decision. Mr. Cunliffe and Mr. Morrison read the
revised Emergency Ordinance #89-I into the record. Mr. Cunliffe read
the Planning Commission's recommendation for approval for the proposed
amendments to Sections 10, 29, 31, 32, 43, 45, and 46 of the Weld
County Zoning Ordinance, with the exception of animal units allowed in
Agricultural Subdivisions. Mr. Cunliffe said one of the major
proposals is a zoning investigation fee. He said if an individual is
found in violation of the Zoning Ordinance and then submits an
application, that individual will be assessed an additional 50% of the
application fee. Mr. Cunliffe said that at the present time, Weld
County is not recovering any costs associated with zoning inspections.
Mr. Morrison commented on the process which is followed concerning
zoning violations and the costs associated with this procedure when it
is taken to court. Mr. Cunliffe explained some of the other proposed
changes to the Board. Following discussion, Commissioner Kirby moved
to approve Ordinance #89-I on an emergency basis. The motion was
seconded by Commissioner Lacy and carried unanimously.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
ATTEST1. 'QX ;d WELD COUNTY, COLORADO
Weld County Clerk and Recorder
and Clerk to the Board - •cque e John .o , Chairman
EXCUSED
puty County Cler Gene R. Brantner, Pro-Tem
C.W. Kirb //<>
r o La
Frank Yam chi
TAPE #85-53, #85-54 & #85-55
DOCKET #85-36
ORDINANCE #89-I
ATTENDANCE RECORD
TODAY ' S HEARINGS ARE AS FOLLOWS :
DOCKET #85-34 - Land Use Application Fees
DOCKET #85-35 - Amendment to Subdivision Regulations
DOCKET #85-36 - Amendment to Zoning Ordinance
PLEASE write or print legibly your name, address and the DOC 4 (as '__sled
above) or the aaplicants name of the nearing you are attending .
NP r'1E ADDRESS HEARING ATTENDING
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ATTENDANCE RECORD
TODAY ' S HEARINGS ARE AS FOLLOWS :
DOCKET #
DOCKET # -
DOCKET #
PLEASE write or print legibly your name, address and the DOC n (as listed
above) or the applicants name of the hearing you are attending .
NAME ADDRESS HEARING ATTENDING SE 614 t 1 1 :cc h_ f' O_14...4.-1,4,c2 C
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ATTENDANCE RECORD
TODAY ' S HEARINGS ARE AS FOLLOWS :
DOCKET #
DOCKET #
DOCKET #
PLEASE write or print legibly your name, address and the DOT 4 (as ti.ted
above) or the applicants name of the hearing you are attending .
NAME ADDRESS /HEARING ATTENDING
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NOT I C E
Docket No. 85-36
The Board of County Commissioners will conduct a public hearing at or about
9:30 A.M. on Monday, July 1, 1985, in the County Commissioners Hearing Room,
First Floor, Weld County Centennial Center, 915 10th Street, Greeley,
Colorado, for the purpose of considering amending the Weld County Zoning
Ordinance as summarized below.
SECTION 10
Amends Animal Unit definition by changing the maximum number of animals
per lot to per acre in the Agricultural Zoned subdivisions and
unincorporated communities.
Amends Commercial Mineral Deposit definition to be consistent with
Colorado Revised Statutes.
Adds a new definition for extractor. This definition is consistent
with Colorado Revised Statutes.
Corrects a typographical error in the Livestock Confinement Operation
definition.
Amends the Mobile Home definition by rearranging the existing wording
to clarify the definition.
SECTION 29.4
Adds a new section to establish an investigation fee for land-use
permits when an application is submitted to remedy an existing zoning
violation.
SECTION 31.2.19
Identifies manufactured homes as a use by right in the Agricultural
Zone District subject to additional requirements.
SECTION 31.4.9
Amends the text to be consistent with Colorado Revised Statutes.
SECTION 31.4. 15
Deletes the ten—acre lot requirement for a home business.
SECTION 31.5.5
Adds a new section to clarify the animal unit bulk requirements in the
Agricultural Zoned subdivisions and unincorporated communities.
SECTION 32.6.2.1
Amends the existing text to add manufactured homes and single family
dwellings as a use by right in the R-5 (Mobile Home Residential) Zone
District.
SECTION 43.2.7
Amends the Accessory Structure Mobile Home text to allow mobile homes
used as accessory structures to be reviewed by the Department of
Planning Services and to issue zoning permits for them.
SECTION 43.4
Adds a new section which delegates the authority to approve zoning
permits for mobile homes without a public hearing to the Department of
Planning Services if certain requirements are met.
SECTION 45.4
Amends the text to be consistent with Colorado Revised Statutes.
SECTION 46.4
Adds a new section which delegates the authority to approve zoning
permits for manufactured homes without a public hearing to the
Department of Planning Services if certain requirements are met.
All persons in any manner interested are requested to attend the hearing and
may be heard.
Copies of the proposed amendments are available for public inspection in the
office of the Clerk to the Board of County Commissioners, Third Floor, Weld
County Centennial Center, 915 10th Street, Greeley, Colorado, Monday through
Friday, 8:00 A.M. to 5:00 P.M.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
BY: MARY ANN FEUERSTEIN
COUNTY CLERK AND RECORDER
AND CLERK TO THE BOARD
BY: Mary Reiff, Deputy
DATED: May 29, 1985
PUBLISHED: May 30, 1985, in the Johnstown Breeze
- NOTICE AFFIDAVIT OF PUBLICATION
. 'pocket No. 9635
The Board of County Corn-
miseklnera vnll'oornduCt a public THE JOHNSTOWN H N S TO W N BREEZE
hearing at or'about 9.,3�0p A,M. on STATE OF COLORADO )
Monday, July ,t,' 1965, m the
County CommM6loners Hearing ) 55
. Room, First Floor, Weld Coyny
Centennial- Center, 916-. 10th SUCTION 43.2.7 COUNTY OF WELD i
Street.Greeley,Colorado,for the
purpose-of considering amending •Ameftds the Accessory-Structure I, Clyde Briggs, do solemnly swear that I
the WeldCounty Zoning Orden-. Mobile Home text to allow mobile pu
blisher ublisher of The Johnstown Breeze:
ante as summarizhed below. - homes used as accessory
structures to be reviewed by the that the same is a weekly newspaper
SECTION 10 Department of Planning Services
and.to issue.zoning permits for printed, in whole or in part, and published
Amends Animal Unit definition by them. in the County of Weld, State of Colorado,
changing.the maximum number and has a general circulation therein: that
of animals per let to per acre in •SYCYIbN 43.4
the said-Agricultural Zoned sub- newspaperhas been published
divisions and unincorporated Adds a new section which
communities, delegates the authority to continuously and uninterruptedly in said
approve zoning, permits for
Amends commercial Mineral mobile home* without a public County of Weld for a period of more than
Deposit definition to be con- hearlh9 to the; Department of fifty-two consecutive weeks prior to the
sistent with Colorado Revised Planning Services if certain y-
statutes requirements are met first publication of the annexed legal notice
Adds a .new- definition for sUOTION 4S.s - or advertisement; that said newspaper has
extractor. This definition is con- - been admitted to the United States mails as
sistent with- Colorado Revised Amends the text to be consistent
Statutes. with Colorado Revised Statute& second-class matter under the provisions of
Cornets a typographical error in SECTION 48.4 the Act of March 3, 1879, or any
the Livestock Confinement Adds a new section which amendments thereof, and that said
Operation definition. delegates the authority to newspaper is a weekly newspaper duly
Amends the Mobile Home defin- approve zoning permits for qualified for publishing legal notices and
itipn by rearranging the existing -manufactured homes without a 9 g
wording to clan the definition. publicPl hearing
e nrig 9to ervhes of artmecertait advertisements within the meaning of the
n
SECTION 29.4 \ requirements are met laws of the State of Colorado.
All persons in any manner That the annexed legal notice or advertise-
Adds a new section to establish interested are. requested to ment was published in the regular and
an Investigation fee for land-use attend the hearing and may be g
permit when an application, is heard. entire issue of every number of said weekly
submitted to remedy an existing
zoning violation. Copies of the proposed amend- newspaper for the period of consecu-
manta are available for public tive insertions; and that the first
SECTION 31.9.19 inspection on in m' the he office of the
dark to the Board of County publication of said notice was in the issue of
identifies manufactured homes - Commissioners,Third Floor,Weld 8 —
I as • use by right in the - County Centennial Center, 915 said newspaper dated,T-3.6? A.D. 11..,,
Agricultural Zone District subject10th Street, Greeley,. Colorado, and that the last publication of said notice
to additional requirement& Monday -through Friday, 8.00 El in the issue of said newspaper a dated
SECTION 31 4.9 AJd. to 5;00 P.M.. was
BOARD OF COUNTY A.D. 19
Amends the text to be consistent . COMMISSIONERS In witness whereof I have hereunto set
Revised Statutes WELD COUNTY,
with ColoradoCOLORADO my hand this ...3./ day of ..i?!1... ^7
.4.16. -SUCTION 31 A.D. 19≤ S
BY: MARY ANN
Deletes the ten-acre lot require- FEUERSTEIN
ment for a home business COUNTY CLERK AND
COUNTY CLERK AND
SECTION 31.6.9 CLERK TO THE BOARD ,.
Adds a new section to clarify the BY: Mary Reiff, Deputy Publishes'
aniMal unit bulk r uirements In • 1985
the Agricultural Zoned sub- DATED: May 29,
divisions and- unincorporated
communities. - PUBLISHED: May 30, 1985, in Subscribed and sworn to before nl e, a
the.Johnstown Breeze
SECTION 32.8.2.1 Notary Public in and for the aunty of
Amends the existing text to add Wel State of Colorakhis .....,"/ day of
manufactured homes and single /,?if A.D. 19A'.r
family dwellings as a use by right
in the R-5 (Mobile Home
Residential) Zone District. ,
.anon Expires J iitir}t tyiblie.
2 South Parish Avenue
John4,wn, re ars,,f
My commission expires
. , / .
AFFIDAVIT OF PUBLICATION
THE JOHNSTOWN BREEZE
STATE OF COLORADO )
) ss
COUNTY OF WELD
I, Clyde Briggs, do solemnly swear that I
am publisher of The Johnstown Breeze;
that the same is a weekly newspaper
printed, in whole or in part, and published
in the County of Weld, State of Colorado,
and has a general circulation therein; that
said newspaper has been published
continuously and uninterruptedly in said
County of Weld for a period of more than
fifty-two consecutive weeks prior to the
first publication of the annexed legal notice
or advertisement; that said newspaper has
been admitted to the United States mails as
second-class matter under the provisions of
the Act of March 3, 1879, or any
amendments thereof, and that said
newspaper is a weekly newspaper duly
qualified for publishing legal notices and
advertisements within the meaning of the
laws of the State of Colorado.
That the annexed legal notice or advertise-
ment was published in the regular and
entire issue of every number of sr.id weekly
newspaper for the period of I consecu-
tive insertions; and that the first
publication of said notice w• s in the issue of
said newspaper dated 71 A.I). t QS
and that the last publication of said notice
was in the issue of said newspaper dated
, A.D. 19
In witness whereof I have hereunto set
my hand this /./ clay of .77..-47
A.D. 19.ff
111-737Publisher
Subscribed and sworn to before me, a
Notary Public in and for the County of
Weld, State of Coloradf? tl is ./02,-rday of
.. A.D. 19..d
. 't
Notary Public.
My commission expires
My Commission Expirec June ;4, ;9Hn
2 South parish Avenue
Johnstown, CO 60534
8 — Breeze, July 11, 1985
ORDINANCE NO. 89-I 43.2.7,4 Only one zoning permit for a MOBILE HOME used as an
accessory STRUCTURE may be issued per LEGAL LOT at any one
IN THE MATTER OF AN AMENDMENT TO ORDINANCE NO.89,
time by the Department of Planning Services.
WELD COUNTY ZONING ORDINANCE, REVISING CERTAIN
PROCEDURES,TERMS,AND REQUIREMENTS. 43.2.7.5 The Department of Planning Services shall make its
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF determination on the issuance of a zoning permit fora MOBILE HOME
WELD COUNTY,COLORADO: used as an accessory STRUCTURE on the basis of a signed statement
by the applicant that the conditions of Sections 43,2.7.1 through
43.2.7.4 are met,upon information contained in the permit application,
WHEREAS,the Board of County Commissioners of Weld County,
Colorado,pursuant to Colorado statute and the Weld County Home and upon such independent re require.
a as may be available or which
Rule Charter,is vested with the authority of administering the affairs of the staff may reasonable quire.
Weld County,Colorado,and 43.2.7.6 A zoning permit for more than one MOBILE HOME in the A
WHEREAS,the Board of County Commissioners has the power and District used as an Accessory STRUCTURE may be issued only upon
authority under the`Weld County Home Rule Charter and Article 28 of approval io ers Board of County Commissioners.cos Board of County
Title 30,CRS to adopt zoning nlgulations for the unincorporated areas Commissioners in nall ton 43. application through
for compliance a with the
of the County of Weld,and cd set outSection Board.Th Board 43.2.7.4County at a regularly
shall give
scheduled meeting of the The a zoning
of Commissioners
WHEREAS,the Board of County Commissioners of Weld County, shall give notice of the application for a zcaing permit and the meeting
Colorado,adopted Ordinance No.89,Weld County Zoning Ordinance, date to those persons listed the application t hers of prperty
establishing comprehensive revision of the zoning regulations and located (thin tfihe io sh feet of the , under
ss
zoning maps for the unincorporated areas of the County of Weld,and consideration.days Sysh notification shall be mailed,first class,not snot
than ten by before the scheduled meeting.Such notice is not
WHEREAS, said Ordinance No. 89 need of revision and surrounding
ng Colorado State Statute and is provided as a courtesy to
I ification with regard to procedures, terms, and requirements byrthe nding antpro in serty owners(the surface estate).Department n Of Planningerrorg
therein by the applicant supplying such 1 or the t ic of defct
Services in sending such notice shall not create t jurisdictional defect
`WHEREAS,said Ordinance No,89 is consistent with the overall in the permit process even r such error results in the failure The e
intent of the Weld County Zoning Ordinance. Depsurrartment
property owner to receive suchsign nor the
Department of Planning Services shall provide a for the applicant
NOVi,THEREFORE, BE IT ORDAINED by the Board of County M BILL HOME the.property in question indicating S that more than one
Commissioners of Weld County,Colorado that said Ordinance No.89 reMOBILE to re used he meeting ngsdate and the Department E has been
of
is amended by the addition or revision of various sections which read Planning
for t s property,the number which
and the information y
blan obtained.
Services, he telephonebe e w y t further w may
as follows: cbeertify
ify that
The sign shall be posted by the dys before
shall
Mend the ANIMAL UNIT definition to read: certify that it has been posted al least ten a s)days before the
eating date.The Board op rope ty Commissioners shall consider any
ANIMAL UNIT:A term and number used to establish an equivalency testimony
of surrounding property owners concerninghehs surrounding
of
for various species of LIVESTOCK(e.g.,one(1) ow- equivalent to the accessory onteSTRUCTURE MOBILE HOME on the dthe
two hundred(200) rabbits) The number of LIVESTOCK allowed by properties.In UCTUR,the IE shall consider surrounding
of the
right is de upon bulk requirements of the Agricultural o accessory STRUCTURE MOBILE HOME with the sires ding area.
Residential dependent
t Districts LIVESTOCK excess of the bulk harmony with the character of the NEIGHBORHOOD,its effects upon
requirements for the Agricultural Zone District shall require a Use by the ilnta 0f trea'aarea nd an general COUNTlth,Y.
safety and welfare of the
Special Review Permit for a LIVESTOCK CONFINEMENT OPERATION. inhabitants f the d the COUNTY.
All LIVESTOCK shall have the following ANIMAL UNIT equivalents and 43.27.7 All zoning permits for MOBILE HOMES used as accessory
bulk requirements: STRUCTURES are temporary.The permit shah automatically expire
IN THE AGRICULTURAL ZONE DISTRICT upon the cessation of the USE of the MOBILE HOME as an accessory
Maximum ^,TFUCTURE.The MOBILE HOME shall be removed from the property.
Animal Unit Number of Number
Equivalents Animals Per Acre I dd New Section 43.4 to read.
Cow 1 4
Horse 1 43.4,The Board of County Commissioners delegates the authority to
Swine 2 5 20 issue a zoning permit for a MOBILE HOME which otherwise requires
Sheep 1 10 40 the approval of the Board of County Commissioners through a public
Goat 1 10 40 hearing process to the Department of Planning Services upon the
Poultry 02 50 200 determination by the Department that:
Rabbit 02 50 200
RESIDENTIAL ZONE DISTRICT 43.4.1 The applicant is in compliance with the criteria identified in
the Ordinance for the specific category of zoning permit that is being
Maximum applied for.
Animal Unit Number of Number
Equivalents Animals Per Lot 43,4.2 The applicant has submitted a petition containing the
Cow 1 1 2 signatures of at least 70%of the people owning property within 500
Horse 1 1 2 feet of the property that the MOBILE HOME is proposed to be located
Swine .5 2 4 on.The petition shall indicate that the surrounding property owners
Sheep .2 5 10 who have signed the petition have no objections to the issuance of
Goat 2 5 10 the zoning permit for the MOBILE HOME.
Poultry .02 50 100
Rabbit .02 50 100 43.4.3 If the
e appcant is unable to obtain
a Metiwion in
least 70%tthe
zoning permit
Any combination of the above LIVESTOCK and their equivalents as a th issuance people's signatures owning property within 500 feet of the
use by right shall not e:.reed the maximum of four(4)ANIMAL UNITS property that the MOBILE HOME is proposed to be located on,the
per acre in the Agricultural Zone District or two(2)ANIMAL UNITS per Board of County Commissioners shall consider the zoning permit for
LOT IN THE Residential Zone District. the MOBILE HOME in a public hearing in accordance with the
provisions of the Ordinance.
Amend the COMMERCIAL MINERAL DEPOSIT definition to read:
Amend Section 45.4 to read:
COMMERCIAL MINERAL DEPOSIT:A natural mineral deposit of
limestone used for construction put-Poses, coal, sand, gravel, and 45.4 Solid Waste Sites and Facilities or Hazardous Waste
quarry aggregate,for which extraction by an EXTRACTOR is or will be Di I Sites
commercially feasible and regarding which it can be demonstrated by •
geologic,mineralogic.or other scientific data that such deposit has 45.4.1 Certificates of Designation for solid or hazardous waste
significant economic or strategic value to the area,state,or nation. disposal sites and facilities as required by Colorado Revised Statutes
and Code of Colorado Regulations shall not be deemed approved until
Add new definition for EXTRACTOR to read: or unless a Use by Special Review Permit has been approved by the
Plemxri G.ammtSeR)n"ortre rooapu orCdu my CbfntlitYsioribrs`v✓here
EXTRACTOR: Any-individual, partnership, association required by this Ordinance.The Board shall be guided in its review of
corporation which extracts COMMERCIAL MINERAL DEPOSITS for a Certificate of Designation by state statute and regulations contained
use in the business of selling such deposits or for use in another in Colorado Revised Statutes and Code of Colorado Regulations.
business owned by the extractor or any department or division of
federal,state,county.or municipal government which extracts such 45,4.2 Applicants for activities reviewed pursuant to Section 24 for
deposits. any Solid Waste sites and facilities or Hazardous Waste disposal sites
shall have the burden of proof to demonstrate that there is a need for
Amend the LIVESTOCK CONFINEMENT OPERATION (L.C.D.) the facility within the proposed area of service.and the Planning
definition to read: Commission and Board shall be satisfied that a need exists as part of
the determinations for any such permit.
LIVESTOCK CONFINEMENT OPERATION(L.C.O.):A place of x
confinement for LIVESTOCK,corralled penned of otherwise caused to Add New Section 46.4 to read:
'n pens or corrals where feeding is other than grazing,or
wheremain the capacity at any one time is greater than permitted in the 46.4.The Board of County Commissioners delegates the authority to
Bulk Requirements for the zoning district in which it is located.For issue a zoning permit for a MANUFACTURED HOME,which otherwise
ample.an L.C.O.may include DAIRIES,feedlots,poultry and swine requires the approval of the Board of County Commissioners through a
production facilities. public hearing process,to the Department of Planning Services upon
the determination by the Department that:
Amend the MOBILE HOME definition to read: 46.4.1 The applicant is in compliance with the criteria identified in
MOBILE HOME:A transportable STRUCTURE which exceeds either the Ordinance for the specific category of zoning permit that is being
8 feet in width or 32 feet in length, is built on a chassis and is applied for.
designed,when connected to the required utilities,to be used as a
year round DWELLING UNIT with or without a permanent foundation. 46.4.2 The applicant has submitted a petition containing the
signatures.of at least 70%of the people owning property within 500
Add new Section 29.4 to read: feet of the property that the MANUFACTURED HOME is proposed to
be located on.The petition shall indicate that the surrounding property
29.4 Investigation Fee. An additional investigation fee shall be owners who have signed the petition have no objections to the
added to the cost of the permit application when specific land,USES, issuance of the zoning permit for the MANUFACTURED HOME.
BUILDINGS, MOBILE HOMES. MANUFACTURED HOMES, and
STRUCTURES that require a permit by this Ordinance are located 46.4.3 If the applicant is unable to obtain a petition in favor of the
moved, operated. or constructed prior to obtaining a permit. The issuance of a zoning permit for a MANUFACTURED HOME with at
investigation tee shall be 50%of the fee established by separate. least 70%of-the people's signatures owning property within 500 feet
action by the Board of County Commissioners for land-use, of the property that the MANUFACTURED HOME proposed to be
applications.In no event shall the investigation fee exceed an amount located on,the Board of County Commissioners shall consider the
set by separate action by the Board of County Commissioners.The zoning permit for the MANUFACTURED HOME in a public hearing in
payment of such investigation fee shall not relieve any persons from accordance with the provisions of the Ordinance.
fully complying with the requirements of this Ordinance,nor from any
other penalties prescribed herein. WHEREAS,said revision is necessary to expedite certain permitting
requirements which will benefit the citizens of Weld County and to
Amend Section 31 4.15 to read: change the existing text of this Ordinance to be consistent with
Colorado Revised Statutes and therefore, the Board of County
31.4.15 HOME BUSINESS. Commissioners of Weld County hereby find and determines that the
necessity of enacting this Ordinance No. 89-1 constitutes an
Add new Section 31.2.19 to read: emergency under the provisions of Section 3-14 of the Weld County
Home Rule Charter.
31.2.19 MANUFACTURED iIOME subject to the additional
requirements of Section 46. BE IT FURTHER ORDAINED THAT AN EMERGENCY EXISTS
WHICH REQUIRED THAT THIS Ordinance No.89-1 is declared an
Amend Section 31.4.9 to redo. emergency
Or Home Rule under Charter.
of Section 3-14 of the
`
31.4.9 Solid Waste Disposal sites and facilities, subject to the
additional requirements of Section 45.4: The above and foregoing Ordinance No.89-1 was,on motion duly
made and seconded.adopted by the following vote of the 1st day of
Amend Section 32.6 2.1 to read July.A.D., 1985.
32.6.2.1 One (1) MOBILE HOME, MANUFACTURED HOME, or BOARD OF COUNTY
SINGLE FAMILY DWELLING per LEGAL LOT.,The MOBILE HOME, COMMISSIONERS
MANUFACTURED HOME.or SINGLE FAMILY DWELLING shall be WELD COUNTY.COLORADO
connected to and served by a PUBLIC WATER system and a PUBLIC
SEWER system.Evidence that PUBLIC WATER and PUBLIC SEWER ATTEST. Mary Ann Feuerstein
are available to the LEGAL LOT shall be provided prior to the issuance
of building permit.This requirement does not apply to any LEGAL Weld County Clerk and Recorder
LOT created prior to the enactment date of this Ordinance. This and Clerk to the Board
requirement also does.not apply to any LOT included in a proposed
subdivision which has preliminary subdivision plat or final subdivision BY:Tommie Antuna
plat approval by the Planning Commission or the Board of County Deputy County Clerk
Commissioners prior to.the enactment date of this Ordinance.
APPROVED AS TO FORM.
Amend Section 43.2.7 to,read: Lee D. Morrison
Assistant County Attorney
43.2.7 Accessory STRUCTURE.A zoning permit for a MOBILE
HOME used as an ssory STRUCTURE on a lot in the A District Jacqueline Johnson,Chairman
may be issued by the Department of Planning Services subject to the
following provisions: EXCUSED
Gene R.erantner,Pro Tem
43.2.7.1 The applicant must obtain a building permit for a MOBILE
HOME and must comply with all installation standards of the Weld C.W. Kirby
County Building Code applicable to MOBILE HOMES,Electricity is the .
only utility which is permitted to be connected to the MOBILE HOME. Gordon E.Lacy
43.2.7.2 The MOBILE HOME may not be used an ny basis as a Frank Yamaguchi
DWELLING or as overnight or TEMPORARY housing for any person.
Read and Approved July 1, 1985
43.2.7.3 The applicant--must demonstrate that no reasonable
altemative-exists to using.the MOBILE HOME as an accessory Published:July 11, 1985, in the Johnstown Breeze
STRUCTURE.
Clerk to Board
Hello