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Home My WebLink About971699Cr ORDINANCE NO. 89-HH IN THE MATTER OF THE REPEAL AND RE-ENACTMENT, WITH AMENDMENTS OF CERTAIN SECTIONS, AND THE ADDITION OF CERTAIN SECTIONS TO ORDINANCE NO. 89, WELD COUNTY ZONING ORDINANCE, AS CURRENTLY AMENDED, REVISING AND ADDING CERTAIN PROCEDURES, TERMS, AND REQUIREMENTS BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO: WHEREAS, the Board of County Commissioners of the County of Weld, State of Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners has the power and authority, under the Weld County Home Rule Charter and State statute, including Article 28 of Title 30 CRS, to adopt zoning regulations for the unincorporated areas of the County of Weld, State of Colorado, and WHEREAS,the Board of County Commissioners of the County of Weld, State of Colorado, has previously adopted Ordinance No. 89, Weld County Zoning Ordinance, establishing a comprehensive revision of the Zoning Ordinance and zoning maps for unincorporated areas of the County of Weld and has adopted amendments in Ordinances 89-A through 89-GG, and WHEREAS,said Ordinance No. 89, as amended, is in need of revision and clarification with regard to certain procedui es, terms, and requirements therein. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County of Weld, State of Colorado, that certain existing sections of said Ordinance No. 89, as amended, be, and hereby are, repealed and re-enacted, with amendments, and the various sections are revised as follows: BE IT FURTHER ORDAINED by the Board if any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The Board of County Commissioners hereby declares that it would have enacted this Ordinance in each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. SECTION 10 is amended as follows: MOBILE HOME: A transportable STRUCTURE which exceeds either 8 feet in width or 32 feet in length, is built on a chassis and is designed, when connected to the required utilities, to be used as a year round DWELLING UNIT with or without a permanent foundation. A single fancily dwelling which is certified;; pursuant to the "National Manufactured Housing Construction *4:pogo Standards Act of 1974", 42 U.S.C. Mf11 et $04i 00060000'w]bot does tart meet all of the other provisions of the definitionof MANUFACTURED HOME is considered to be a MOBILE HOME 971699 ORD89 ORDINANCE #89-HH PAGE 2 Section 21.4.3 is amended as follows: 21.4.3 Submit to the Board of County Commissioners for adoption, every five (5) years, an updated copy of the Official Weld County Zoning Map which includes the rezoning approvals made since the last adoption of the Map. A reproducible copy of the official Weld County Zoning Map shall be maintained which includes all of the rezoning approvals made since the last adoption of the map by the Board of County Commissioners. The map shall be available for public inspection in the office of the Department of Planning Services. Section 23.1.2 is amended as follows: 23.1.2 A Site Plan Review is required for USES in the following Zone Districts: -the R 4 (I ligh Density Residential) District, 8§0006somiwoollot Districts except for those uses t ontaining a single family dwelling unit or duplex units where the two units are' not held in separate ownerhsip all Commercial Districts, all Industrial Districts, all Industrial Districts, and in any PUD District where a USE would require a Site Plan Review in an R-4, Commercial, or Industrial Zone District. Section 23.1.5.2 is amended as follows: 23.1.5.2 Alterations which do not affect more than 25 precentof?the external dimensions of an existing BUILDING or STRUCTURE unless such alterations are made to change the USE or type of occupancy within part or all of the altered BUILDING or STRUCTURE; and Section 23.1.6 is amended as follows: 23.1.6 A BUILDING or STRUCTURE which was in place prior to the effective date of this Ordinance No. 89 on';October31, 1995;;°;can have its external dimensions enlarged up to twenty-five percent (25%) of those external dimensions in existence at the time this Ordinance was adopted, before a Site Plan Review shall be required, unless such enlargement is made to change the USE or type of occupancy within part or all of the enlarged BUILDING or STRUCTURE. Existing Section 23.1.8 is renumbered to 23.1.9 Sections 23.1.8, 23.1.10, and 23.1.11 are added as follows: X3.1.8 Any person filing an application for a Sitar' Plan Review shalt comply with the Weld County Zoning Ordinance, Section 50, Overlay District Recuirements if the prposal is located within any Overlay Dis€ Area identified fay maps officially adopted by Weld County,. 23.1, ld Applciations fora Site Plan Review located in the: Mixed Use Development area shall: adhere to any and all applicable regulations in Ordinance 191. 971699 ORD89 ORDINANCE #89-HH PAGE 3 231 11 ARny approved Site Plan Revive shalt be limited to the items shown on ;th Site Plan Review map.;; Major changes from the approved Site Plan Revive map shall require tl a approval of an amendment of t€ a Site Pian Review map by the pepartmnet of Planning Services. :The Department of Planning Services is. responsible for detrminIng whether a major change exists. Any changes shall be Bled in the office of the €)epartmeRt of E�lanriing Services with the Site Dian Review file. Section 23.2 is amended as follows: 23.2 Application Requirements for a Site Plan Review 23.2.1 The purpose of the application is to give the applicant 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: 23.2.1.1 A oigncd site plan certification review application form provided by the Department of Planning Services. The certification states and affirms that the specific USES, BUILDINGS, and STRUCTURES are designed and will be constructed and two ated .n accordance with the apphcablc performance standards and J �L'�t requirements in this Ordinance, and in accordance with any conditions imposed by the miss board of County Commissioners at the time the property was tee, eJ en �� J Renumber the existing 23.2.1.2 to 23.2.1.5 and amend as follows: 23.2.1.5 A brief detailed description of the proposed use. Add Sections 23.2.1.2, 23.2.1.3, and 23.2.1.4, as follows: 23.2.1.2 A copy of a deed or legal instrument identifying the;;applican€'s inter#$:i.n the property urrderconsideration, 23 2.1.3 A party intalt agreement and legal description for duplex or triplex uses where units are held in separate ownership. 23.2.1.4 rt condo declaration and legal description for the condo, if applicable: Add Sections 23.2.1.6 through 23.2.1.13.5, as follows: 23.2.1.6 :The applicant shall!submit evidence that the use in the zone district shall' Have an adequa#e source ofpotable vrater and meat fhe requirements of the zone district. 23.2.1.7 1 he applicant shall submit evidence that the use in the zone district shall have adequa#e sewage disposal facilities and meet the requirements of the zone district, if there is an existing septic system located +n tie site, the applicant shall include in the application a copy of the septic; permit T his information ran be obtained atom the • "Weld County heatih Department 971699 ORD89 ORDINANCE #89-HH PAGE 4 232 1.t1 A completed WeldCounty Road Access Info 0000floteht o€ Planning Services l.4t1:66iShOt provided by the. 23.2.1.$ ;;The number for employees essocieted'with the use 232.1.10 ( A statement indicating that the proposed use meets and offset requirements of the zone district! e required setback 23.2.1.11' A generalized sketch of bundling elevations depicting the style, size and exterior Construction materials of the buildings proposed iii; sufficient detail to exhibit thcretativ000mPatihitiqouth*or0000t site with the character o€ the surrounding ........................:. •latnt1.uses 23 2.1.12!; A plan describing any proposed signage, drawn to an appropriate scale which shall include specofiioatrons of the proposed sign(#) and sign structure along Wiitt the method of construction andattachment 41140:meOttsitheghttildittor ground.: The position and distance of the: sign(#) in relation to property lines and buildings a structures an the property shall be shows on the Site Plan Revives map. All proposed signs shall apply for and receive a building permit. 23.2.1.13 Statements describing ttrat th4e landscape requirements listed below have been met: 23.2.1.13.1 The iot:shall adhere to the Maximum Loot Coverage requirements!of the sho zones district in which i# is located, as wn in the Bulk Requirements in the Weld County Zoning Ordinance. Land shall not be deemed Covered i€ it is used for g rowing grass, shrubs, trees, plants or flowers, or i€ it is otherwise suitably landscaped:. 23.2.1.13.2 That portion of a LOT in the zone district which abuts a public or private street right of-way;shall have a minimum fifteen: (15) foot wide landscape setback, unless the L T is governed by a more restrictive landscape setback Contained in an overlay district. The landscape setback is measured at a right angle from the existing or planned future righf of gray to any parking tot, fencing, storage area, or structure. Sidewalks•and driveways may pass through the.,required l ANI SCAPE setback, 23 2.1.13,6 Landscaping techniques shall be utilized in design of parking tots; to aid in buffering parking; lots from roadways 23.2.1,1 .4 the applicant shalt submit to the Department of Planning Services detailed landscaping! plan delineating the existing and proposed trees,;; shrubs, ground covers, natural features such as rock outcroppings, and other landscaping elements. The plan Khali show vhere landscaping exists otv+ll be loafed along with planting anti construction details, species:; name and size. ithere existing plantings are: to be retained, the applicant shalt include in the plans proposed methods of protecting the plantings during construction. 23.2.1,13.5 the applicant shall submit to the :Department of Plan maintenance plan for the proposed landscaping on the site, icing Sarvaes a 971699 ORD89 ORDINANCE #89-HH PAGE 5 Renumber the existing Section 23.2.1.3 to 23.2.1.14 Renumber the existing Section 23.2.1.4 to 23.2.1.15 and amend as follows: 23.2.1.415 A statement explaining that the proposed USE, BUILDING or STRUCTURE meets the Off -Street Parking Requirements listed in Section 4 of this Ordinance. Sufficient SCREENED, off-street, paved parking areas shall be provided in all districts if required by this Ordinance or the Board of County Commissioners. Renumber the existing Section 23.2.1.5 to 23.1.1.16 and amend as follows: 23.2.1.516 A statement explaining that the loadingtservtce areas in all districts shall be located, designed, and constructed in a manner that is in conformance with the standards below: Renumber the existing Section 23.2.1.5.1 to 23.1.1.16.1 and amend as follows: 23.2.1.516.1 Sufficient space shall be provided in loading/MS*6 areas to accommodate the vehicles being loaded or unloaded without encroachment upon neighboring property or rights -of -way. .................... LoadingtilNICe areas shall be paved. Renumber the existing Section 23.2.1.5.2 to 23.2.1.16.2 Renumber the existing Section 23.2.1.6 to 23.2.1.17 and amend as follows: 23.2.1.617 A statement explaining that the lot shall have safe access to an approved public or private street. The design designation of a street or highway as to type shall be in conformance with that shown on the Weld County Thoroughfareiransportation Plan and/or the Master Plan of the affected municipality. Vehicular ingress and L IJ.I VJJ JI iaH-Lc-rnc,i.ittcd only v;a the following types of streets. Delete existing Sections 23.2.1.6.1, 23.2.1.6.2, 23.2.1.6.3, and 23.2.1.6.4. Renumber Section 23.2.1.7 to 23.2.1.18 Renumber Sections 23.2.1.7.1 through 23.2.1.7.7 to 23.2.1.18.1 through 23.2.1.18.7 and amend as follows: 23.2.1.718.1 Size of drainage structure - 15•inch imnimum in diameter; 23.2.1.716.2 23.2.1.71';8.3 23.2.1.716.4 Length of drainage structure - 20 -foot minimum; Depth of cover over pipe - 12 inches; Width or access -15 f01,1tl -15 feet for a one-wi foot: minimum for two-way traffic; y single a.+ ss, 24 971699 ORD89 ORDINANCE #89-HH PAGE 6 23.2.1.718.5 Maximum grade of access - 15 percent; 23.2.1.719.6 Flare radius - 20 -foot minimum iii a residential zone district, 40 -foot minimum in commercial and industrial zone districts; 23.2.1.71;6.7 Depth of surfacing - 4 inches;per engineered design and subject to approval by Weld County Public Works Department; Renumber Section 23.2.1.8 to 23.2.1.19 and amend as follows: 23.2.1.810.::EA statement explaining that how: acceleration/deceleration lanes, when required by the Weld County Public Works Depertrnentror the Colorado Division of I lighways DepartmentDOSittiti*K:f0i,ROD$Dortotlov will provide safe, efficient access to ARTERIAL or COLLECTOR STREETS; Delete existing Sections 23.2.1.9 through 23.2.1.11.2 Renumber existing Section 23.2.1.12 to 23.2.1.20 Delete existing Section 23.2.1.13 and 23.2.1.14 Renumber existing Section 23.2.1.15 through 23.2.1.15.5 to 23.2.1.21 through 23.2.1.21.5 Renumber existing Section 23.2.1.15.6 to 23.2.1.21.6 and amend as follows: 23.2.1.9-521.6 Light. gtgtAny lighting used to llum irate an off -Street parki dtittidC]ttchttifitit outside activity area, sign or other structure shall be arran as to deflect light away fromany adjoining residential zone and from county;roads. 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 properties; neither the direct nor 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; Renumber existing Section 23.2.1.15.7 to 23.2.1.21.6 and amend as follows: 23.2.1.9321 .7 Property Maintenance. All Pproperty located within the Zone District shall be maintained in such a manner that grasses and weeds are not permitted to grow taller than twelve (12) inches. The property owner shall not allow the growth of NOXIOUS WEEDS. Renumber existing Sections 23.2.1.16 through 23.2.1.16.2 to 23.2.1.22 through 23.2.1.22.2 Renumber existing Section 23.2.1.16.3 to 23.2.1.22.3 and amend as follows: 23.2.1.1-622.3 Section, township, and rangeLegal description of the parcel; 971699 ORD89 ORDINANCE #89-HH PAGE 7 Renumber 23.2.1.16.4 and 23.2.1.16.5 to 23.2.1.22.4 and 23.2.1.22.5 Add Section 23.2.1.22.6 as follows: 23.2.1,22€6 A vicinity map at a suitable scale. The map shat) locate the s respect to adjacent reads antl other major land feat€€ras Renumber existing Section 23.2.1.16.6 to 23.2.1.22.8 and amend as follows: 23.2.1.4622.68 The location and names of all roads and h€ghways?abutting the LOT; Renumber existing Section 23.2.1.16.7 to 23.2.1.22.9 Renumber existing Section 23.2.1.16.8 to 23.2.1.22.10 and amend as follows: 23.2.1.16.822.10 ;All existing and proposed STRUCTURES antl their diprierisiona; Add Section 23.2.1.22.11 as follows: 2&24.22,11...: The location, i sign(S)Onithe site;; imensio and design of any existing and proposed Renumber existing Section 23.2.1.16.9 to 23.2.1.22.12. Delete existing Sections 23.2.1.16.10, 23.2.1.16.11, 23.2.1.16.12, and 23.2.1.16.13. Add Sections 23.2.1.22.13 through 23.2.1.23.6.2, as follows: X3,2.1.22.13 The location a nd dimensions o€ vehicular!drives, entrances,; acceleration and d elra#ion Janet;, local on and dimensions of peestrians, entra exists, walks and walkways; 25 2.1.22.14 general location; arrangement and dimen•sions of parking spaces,; width of aisles, width of gays, angle of parking and other similar information. 23.2.1,22. I5 Any other inform ition deemed necessary by the department of Flan Services. Wing 2&2.1.23 SITE PLAN RE11tEW PLAT: A Site Plan Review Piat shall be prepare after a Site Plan Review application is approved.; The plat shall be submitted to the planner far recording in the office of the Welt County Clerk and Recorder. Tt a plat shall meat the following requirements; 971699 ORD89 ORDINANCE #89-H H PAGE 8 23 1.23.1 The plat shall be delineated in non fading permanent black ink on a dimensionially stably;polyester sheet such as cronar or myia of each or other product of equal quality, three millimeters or greater in thickness The size shall be twenty-four inches ( 4" in height by ttrirty six 3 " ►n w i th. The ;mixing or sheet sizes is prohibited;; No plat subm itted shall contain any for of stick -on -type material such as, but not limited to "sticky-back,≥adhesive film, or Krpy lettering tape. Tile drawing shall be at suficient scale to showall necessary detail:! 23 2.1.2312 A ph©t mylar dopy or diaza sensitized mylar copy af: the original ink drawing maybe submitted. The material shall be at least three (3) mils or greater i n thickness. 23 2 1,23.3 The plat submitted will contain the original signatures and seals of all parties required €a sign the plat If a photo myler copy or diazo sensitized myler copy is submitted, the original signatures and seats shall be contained thereon. 23 21,23.4 The plat shall be titled, "Site Plan Review No ." The Departmers tot Planning Services shall fill iii the appropriate Humber. 23.2.1.23.55 The plat shall include all of the items appro./ea.in the Site R;an Review map.. 23.2,1.23,6 The plat shall bear the following certifications 23.2.1.23.;6.1 Property Owner"s Certificate: I,:the undersigned, c e tify that th•e uses, buildings, end structures Located on this Site Plan Review are designed and will be constructed and operated ire accoreance with the applicable performance standards and district requirements for the a one Distract as stated in the Wale County honing Ordinance and in accordance with a ray conditions imposed by the Board of County Commissioners at the time tyre property was zoned or rezoned. i enders€and rrry failure its comply with ti a peaforrstance standards and/or any conditions could result in the County initiating a compliance action against met Signature of Propel The foregoing instrument was subscribed and sworn to'b day of WITNESS my hand and official seal, My Commission expires: 971699 ORD89 ORDINANCE #89-HH PAGE 9 212)12;5-0•2 Department of Planning Services' Adminsitrative Review Certificate example≥ This plat is accepted and approved fur filing. The Department of Planning eery! was subscribed and :sworn to be€oi ...... ......:,. WITNESS my hand and official seal My Commission expires: Notary Public Section 24.5.1.5.1 is amended as follows: s Director 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 developed site from a 100 year storm-, or as otherwise requited by the Weld County Public Works Department. In the ease of a LIVESTt� CONFINEMENT OPERATION tL.t«.t7 }, wastewater collection co•nveyance and retention facilities shailbe designed and constructed in accordance with the Confined Animal Feeding Operation t` or tra Regulations (5 CCR-1 Ogg 19}. Section 43.1.1 is amended as follows: 43.1.1 After the effective date of tl,;s eiJn,a ... Nno MOBILE HOME or Accessory Dwelling Unit may be located or relocated in Weld County after A lgust 25, 1981, except in accordance with Section 43 of this Ordinance, including the issuance of any zoning permit which may be required by that Section. 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 pursuant to the Weld County Building Code Ordinance. Each ACCESSORY BUI DING used: as a DWELT ihit"a ;!UNIT constructed in Weld County fora use listed in Section 4 of this Ordinance must obtain have the approval of a zoning permit fora purpose fisted in Section 43 and a building permit issued by the Departmen€ of Piannin. g Services, An application for any zoning or building permit for a MOBILE HOME or Accessory DWELLING:UNIT Dwelling Unit required by Section 43 shall include the following: 971699 ORD89 ORDINANCE #89-HH PAGE 10 Sections 43.2.3, 43.2.3.1.1, and 43.2.3.1.3 is amended as follows: 43.2.3 TEMPORARY Accessory Farm Use 43.2.3.1.1 The MOBILE HOME or Accessory DWELLING UNIT will be occupied by persons principally' customarily employed at or engaged in the operation of the USE where the MOBILE HOME or Accessory DWELLING UNIT is located. Accessory faire use of the mobile home shad be established and revaltdt ted te•r an; annual basis as follows; Evidence shall be !Omitted, by the applicant or prof petty owner by the; first of each yea for review and acceptance by the Department of Plannr ng Services verifying that the mobile home cc upar t(sj is principa employed at tar engaged in the €.arming operation; on the subject property. '1 tie evidence shall consist of tax rec•ords, employer ent agreements or other documentation as determined<suttable by the Department of Planning Services. 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 who are not principally employed upon the LOT. Section 43.2.3.3 is amended as follows: 43.2.3.3 A zoning permit for more than one MOBILE HOME or Accessory DWELLING UNIT in the A District as an ACCESSORY FARM USE may be issued by 0# 00.0000004 of Planning Ser,fices upon a determination that the criteria of Sections 43.2.3.1.1 through 43.2.3.1.5 and Sectron 43.4.2 of this Ordinance are meta If the applicant is root able to meetrthe criteria stated in Sections43.4.2, the zoning permit may be issued only upon approval by the Board of County Commissioners. The Board of County Commissioners shall review the application for compliance with the criteria set out in Sections 43.2.3.1 mhrough 43,2.3.1.5 at a regularly scheduled meeting of the Board. The Board of County Commissioners shall give notice of the application for a zoning permit and the meeting date to those persons listed in the application as owners of property located within five hundred (500) feet of the parcel under consideration. Such notification shall be mailed, first class, not less 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 post a sign for the applicant on the property in question indicating that a MOBILE HOME has been requested for the property, the meeting date and telephone number where further information may be obtained. The sign shall be posted at least ten (10) days prior to the meeting date. The Board of County Commissioners shall consider any testimony of surrounding property owners concerning the effects of the 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 NEIGHBORHOOD, its effects upon the immediate area, and the general health, safety and welfare of the inhabitants 971699 ORD89 ORDINANCE #89-HH PAGE 11 of the area and the COUNTY. Prior to the issuance of the Temporary Accessory Farm Use permit, the applicant shall provide for recording a covenant enforceable by the County which adequately describes the MOBILE HOME or Accessory DWELLING UNIT and provides that the use of the MOBILE HOME or Accessory DWELLING UNIT is subject to the Temporary Accessory Farm Use permit. Sections 43.2.4.1 and 43.2.4.1.1 are amended as follows: 43.2.4.1 MOBILE I TOMES may be allowed in the A District as a temporary DWELLING UNIT in addition to the prineipal DWELLING UNIT upon the issuance of i zoning permit by the Doard of County Commaaloners upo An the D Arts determination that: zoning petftlit for the temporary use of a MOBILE HOM ' Burin medical hardship on lot in tits A Distnet, in addition IdIlik!marior DWELLING UNIT, maybe issued by the Department of Planning Services upon; a determination that;!. 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). Documentation of the medical hardship stiali be established in a letter from the subject's medical doctor or other evidence deemed suitable by the Department of elOrtiit0SetvitesiE.3.thkiettite shalt be submitted as a part of the zoning permit; application and shall verify that the subject is; physically impaired and requires full -tithe care; Section 43.2.4.2 is amended as follows: 43.2.4.2 A MOBILE HOME zoning permit for temporary accessory use Burin medicsl hardship in the A District may;iw.::jsoveds...EW.:;0W. Department Pt Planning Services upon a determination that the criteria of Sections 43.2.4.1.1 through 43.2.4.1.3`and Section 43 4.2 of this Ordinance arse met. if the applicant(sj is not able to meet•the criteria stated in:.Section 43.4.2, ffhe Board of County Commissioners shall review the application for compliance with the criteria set out in Sections 43.2.4.1.1 through 43.2.4.t3 at a regularly scheduled meeting of the Board. The Board of County Commissioners shall give notice of the application for a zoning permit and the meeting date to those persons listed in the application as owners of property located within five hundred (500) feet of the parcel under consideration. Such notification shall be mailed, first class, not less 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 post a sign for the applicant on the property in question indicating that a MOBILE HOME has been requested for the property, the meeting date and telephone number where further information may be obtained. The sign shall be posted at least ten (10) days prior to the meeting date. The Board of County Commiss oners shall consider any testimony 971699 ORD89 T ORDINANCE #89-HH PAGE 12 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. Section 43.2.5.3 is amended as follows: 43.2.5.3 A zoning permit for more than one MOBILE HOME as an accessory OFFICE unit in the Agricultural District may be issued by ttSe pagiatattiat of Planning Services i;upon determination that' the criteria of Sections 43.2,5.1.4 through'. 44 2 5.4.4 and Sartkm 43.4.2 of this ordinance are met. If the appl icant(s) is neat able to meat tht criteria stated in Sections 434.2.5.1,1 Through 43.2.E 1,4, the zoning. permit 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 Section 43.2.5.1,1 !through 432 S 1.;<4 at a regularly scheduled meeting of the Board. The Board of County Commissioners shall give notice of the application for a zoning permit and the meeting date to those persons listed in the application as owners of property located within five hundred (500) feet of the parcel under consideration. Such notification shall be mailed, first class, not less 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 post a sign for the applicant on the property in question indicating that a MOBILE HOME has been requested for the property, the meeting date and telephone number where further information may be obtained. The sign shall be posted at least ten (10) days prior to the meeting date. The Board of County Commissioners shall consider any testimony of surrounding property owners concerning the effects of the MOBILE HOME or accessory OFFICE unit on the surrounding properties. In addition, the Board shall consider compatibility of the MOBILE HOME or accessory OFFICE unit 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. Sections 43.2.6 and 43.2.6.1 are amended as follows: 43.2.6 Principal DWELLING UNIT. A zoning permit for the use of a MOBILE HOME as Principal DWELLING UNIT' in the A District may be issued by the Department of Pia nning ervrces if the•application meets the criteria stated in Sections 43.2.8.1.1; through 43:2,5.1,4 and 43.4,2 <of this ordinance. ;MOBILE I IOMES 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. 971699 ORD89 ORDINANCE #89-HH PAGE 13 43.2.6.1 The Board of County Commissioners shall hear the application at a regularly scheduled meeting of the Board., if the application does not meet the, criteria stated in ections43,2,6.1,1 thrrough 43.2,6.1>4 and Section 43.4,2 afthis ordinance. The Board of County Commissioners shall give notice of the application for a zoning permit and the meeting date to those persons listed in the application as owners of property located within five hundred (500) feet of the parcel under consideration. Such notification shall be mailed, first class, not less 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 post a sign for the applicant on the property in question indicating that a MOBILE HOME has been requested for the property, the meeting date and telephone number where further information may be obtained. The sign shall be posted at least ten (10) days prior to the meeting date. The Board Of CountyrCommissioners 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: Sections 43.2.7 and 43.2.7.1 are amended as follows: 43.2.7 TEMPORARY Accessory STRUCTURE. One MOBILE HOME used as an accessory STRUCTURE in the A District may be permitted upon a determination by the Department of Planning Services that: 43.2.7.1 The applicant must obtain a BUILDING permit and comply with all installation standards of the Weld County Building Code Ordinance. Electricity is the only utility which will is permitted to be connected to the MOBILE HOME. Delete existing Sections 43.2.7.1.1 through 43.2.7.1.3. Sections 43.2.7.2 and 43.2.7.3 are amended as follows: 43.2.7.2 The MOBILE HOME Will may not be used on any basis as a DWELLING or as overnight or TEMPORARY housing for any person. 43.2.7.3 The applicant hasmust demonstrated: that no reasonable alternative exists to using the MOBILE HOME as an accessory STRUCTURE. 971699 ORD89 ORDINANCE #89-HH PAGE 14 Section 43.2.7.7 is amended as follows: 43.2.7.7 A zoning permit for more than one MOBILE HOME in the A District used as an Accessory STRUCTURE may be issued by the: Department of Planning Services upon a determination that the criteria of Sectitrns<43.22.1 through 43.2.7.5 and Section 43.4.2 of this ordinance are met. tf the eppl"rcant(s) is.not able to meet the criteria stated in Section 43,4.2, the zoning DOW may be issued only upon approval by the Board of County Commissioners. The Board of County Commissioners shall review the application for compliance with the criteria set out in Sections 43.2/.1 through 43.2.7.54 at a regularly scheduled meeting of the Board. The Board of County Commissioners shall give notice of the application for a zoning permit and the meeting date to those persons listed in the application as owners of property located within five hundred (500) feet of the parcel under consideration. Such notification shall be mailed, first class, not less 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 post a sign for the applicant on the property in question indicating that a MOBILE HOME has been requested for the property, the meeting date and telephone number where further information may be obtained. The sign shall be posted at least ten (10) days prior to the meeting date. The Board of County Commissioners shall consider any testimony of surrounding property owners concerning the effects of the accessory STRUCTURE MOBILE HOME on the surrounding properties. In addition, the Board shall consider compatibility of the 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. Section 2.7.9 is added as follows: 43 2 7.9 At such lime that a mobile home permitted for accessory structure use is determined tc be in state of detenoratian or disrepair by the Department of Planning Services, the property ownet will be required to either repair the mobile home or remove the mobile; home from the prop. erty, 971699 ORD89 ORDINANCE #89-HH PAGE 15 Sections 43.3.3 is amended as follows: 43.3.3 A!zoning permi€for crate Accessory DWELLING t NIT;More than one zoning permit for a MOBILE I IOME in the C or I Districts as an ACCESSORY USE to the principal USE may be issued by the Department of Planning Services upon a de€ermination €fret :the cziterta of Sections 4 1 through 43.3.1.4 and Section 43.4.2 cf th is ordinance are met. If th applicant(s is rat able to meet €ate criteria stateditiaootion:43Aalwzoniog]peraiititilyibViSSUed,only upon the approval by the Board of County Commissioners. The Board shall review the application for compliance with the criteria set out in Section* 43.3.1.1 through 43.3.7.4 at a regularly scheduled meeting of the Board. The Board of County Commissioners shall give notice of the application for a zoning permit and the meeting date to those persons listed in the application as owners of property located within five hundred (500) feet of the parcel under consideration. Such notification shall be mailed, first class, not less 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 post a sign for the applicant on the property in question indicating that a MOBILE I IOME gft Accessory DWiLLING UNIT,has been requested for the property, the meeting date and telephone number where further information may be obtained. The sign shall be posted at least ten (10) days prior to the meeting date. The Board shall consider any testimony of surrounding property owners concerning the possible effects of the MOBILE I IOMEAccessay DWELLIN UNIT on surrounding properties. In addition, the Board shall consider compatibility of the MOBILE I IOMCAccessory DWELLING UNIT 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. Section 46 is amended as follows: 46 MANUFACTURED HOME does riot require the approval of a zoning permit. Alt structures meeting the definition of MOBILE HOME shall; follow tike zonlr g permit requirements of ect on 43 of this Ordinance:: Delete all other existing text in Section 46. Section 47 is amended as follows: 47 Livestock Feeding Performance Standards Anyone;fel responsible to use best management practices. tack shall be 971699 ORD89 ORDINANCE #89-HH PAGE 16 he unincorporatcd areas of Weld Count shall comply with the performance stands be in violation of the following performance and verified by the UifeldCounty Health I sends written notice:.to the operator requiring a p!a submitted: within ,specified reasonable period respond to the written notice within thespecrfied n and time tine tar r�orre clron to be of time; and the operator fails to perttrd of time; or the operator fails to implerrfent the plan of correction within the proposed tfrrte tins;; 47.1 Anyonc fccding LIVESTOCK in 1 )ep ........................................ ids enumerated below. ikrt 4perato shat st andards wheat A complaint is receivted artment; and The Health Department Delete existing Sections 47.1.1 through 47.1.12. Add Sections 47.2 through 47.2.9, as follows: 47.2 The Weld County Flea€th Department wi€I use the fel€owing performance standards, to verify a campla€fit and evaluate the presence of a nuisance condition. 47.2.t The properly owner shall remove, handle, and stockpile al€ manure in a manner thatwill prevent nuisance conditions. The manure piles shall not be al€owed to exist or deteriorate to a 000000 that facilitates excessive dors, flies, insect pests, or pollutant runoff.' The manure storage site shall have a ..tabs,4 l i. surface, €n accordance with the Confuted Art€mal Feeding Operation Control Regulations which does not permit seepage or percolation afmanure•pollutants into the ground. for rodentand Insect control, 47 2.3 Equipment and areas on the property, such as feed :bunks, feed bunk aprons, water tanks devices, manure piles, trash ctumgsters, anima€ pens„ feed mixing areas, stn to tee, and other simi.I.ar equipment and areas Shah be constructer) and maintained in a! sanitary manner to, prevent nuisance conditions 47.2.4 H; iequate mechanical means':• for scraping g property shall be provided at alt times, ailing and cleaning of 47.2.5 Drains facilities or improvements shall tie constructed to pi streams or other bodies of water from pollution,; 47.2.6 All runoff tet4nitiiif'Mr containment fac )€ties Shad meet and in accordance withrthe Colorado Department of Pub€ic Health and Confined Animal Feed€ng Operation Control Regu€a€ion!{5 CCR f. property +'owner shall be responsibfe far any additional rev€rements Colorado Department of Public Health and Environment, Water G ny ;rivers;; be maintained Environment's )02I9). The Issued:by y the lushly Control 47.2.7 Uses on the property shall. comply with the Colorado A€r Quality PernmIsSil,.*At quality regulations. 971699 ORD89 ORDINANCE #89-HH PAGE 17 47.2.8 All associated liquid and solid wastes; shaft bi final disposal `in a manner that protects against contamination. 47.2,9 Fugitive dust shall be confined on th+e property. ared and removed for ant groundwater BE IT FURTHER ORDAINED by the Board if any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The Board of County Commissioners hereby declares that it would have enacted this Ordinance in each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. The above and foregoing Ordinance Number 89-HH was, on motion duly made and seconded, adopted by the following vote on the 6th day of October, A. D., 1997. ATTEST: Weld County Clerk to the Board BY. Deputy Clerk to the Board APPROVED AS TO FORM: County Attorney Notice Published: First Reading: Publication: Second Reading: Publication: Final Reading: Publication: Effective: BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO George E. Baxter, Chair Constance L. Harbert, Pro -Tern Dale K. Hall Barbara J. Kirkmeyer W. H. Webster August 14, 1997, in the South Weld Sun September 3, 1997 September 11,1997, in the South Weld Sun September 22, 1997 September 25, 1997, in the South Weld Sun October 6, 1997 October 9, 1997, in the South Weld Sun October 14, 1997 971699 ORD89 Hello