HomeMy WebLinkAbout992063.tiff ORDINANCE NO. 89-JJ
IN THE MATTER OF THE REPEAL AND RE-ENACTMENT, IN ITS ENTIRETY, OF ORDINANCE
NO. 89, THE WELD COUNTY ZONING ORDINANCE
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-II, and
WHEREAS, said Ordinance No. 89, as amended, is in need of numerous revisions and
clarifications with regard to procedures, practices, terms, and requirements therein, and
WHEREAS, upor the recommendation of the Department of Planning Services and County
Attorney staff, deem it advisable to repeal and re-enact, it its entirety, Ordinance No. 89-JJ, the
Weld County Zoning Ordinance, a copy of which is attached hereto and incorporated herein by
reference.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the
County of Weld, Slate of Colorado, that Ordinances No. 89 through 89-II, be, and hereby are,
repealed and re-enacted, and Ordinance No. 89-JJ be, and hereby is, adopted in its entirety.
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.
11111111111 IIIM III 1111111 ��� 1111111 ��� 1111111111111 992063
ORD89-JJ
2718054 0.9/02/1999 11:244 Weld County CO
1 of-219 R 0.00 D 0.00 JA Suki Taukemoto
The above and foregoing Ordinance Number 89-JJ was, on motion duly made and
seconded, adopted by the following vote on the 18th day of August, A. D., 1999.
BOARD OF COUNTY COMMISSIONERS
COUNTY, C LO DO
ATTEST: Li / �!r �f- m,
dale K. all, Chair
Weld County Clerk to the tow%��L rt ,
°""'�� ='rbar J. Kirkmeyer, P -Tem
BY: 4 ,:'<-�� 4- . ,
Deputy Clerk to the Boar ( / .
♦.._ Georg E. xter
AFT-ROVE S TO FORM: '�
e —
nty Attorney S U//
Glenn Vaad
Publication: June 26, 1999, in the Fort Lupton Press
First Reading: July 12, 1999
Publication: July 21, 1999, in the Fort Lupton Press
Second Reading: August 2, 1999
Publication: August 7, 1999, in the Fort Lupton Press
Final Reading: August 18, 1999
Publication: August 25, 1999, in the Fort Lupton Press
Effective: August 30, 1999
11111111111111111 III 1111111liii 1111111 III III 1111 1111 992063
2718054 09/02/1999 11:24A Weld County CO ORD89-JJ
2 of 219 R 0.00 D 0.00 JA Suki Teukamoto
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
90 VESTED PROPERTY RIGHTS 90 - 1
91 ADULT BUSINESS, SERVICE, OR 91 - 1
ENTERTAINMENT ESTABLISHMENT
1111111 HIM ��� 1111111IIII NMI
IIII IIII
2718054 09/02/1999 11:24R Wald County CO
3 of 219 R 0.00 D 0.00 JR Suitt Taukamoto 992063
ORD89-JJ
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 - 2
6 Relationship with Other Laws 1 - 3
7 Severability 1 - 3
8 Implementation Procedures 1 -4
9 Enactment 1 -6
10 Definitions 10- 1
20 Procedures and Permits 20- 1
21 Amendments to the Map (Resolution) 20- 1
22 Amendments to the Text(Ordinance) 20-12
23 Site Plan Review 20-13
24 Uses by Special Review 20-22
25 Special Review Permit for Major Facilities of a Public Utility 20-35
26 Flood Hazard Overlay District Development Permit 20-46
27 Geologic Hazard Overlay District Development Permit 20-50
28 Procedures and Requirements of the PUD District 20-54
29 Fees 20-79
30 Zone Districts 30- 1
31 Agricultural 30- 1
32 Residential 30-6
33 Commercial 30-14
34 Industrial 30-25
1 Oil 11111111111III1111111 MI 1111111 III11111IIII till
2718054 09/02/1999 11:24A Weld County CO 992063
4 of 219 R 0.00 D 0.00 JA Sukl Teukamoto ORD89-JJ
SECTION PAGE
35 PUD (Planned Unit Development) District 30-33
36 Estate 30-36
40 Supplementary District Regulations 40- 1
41 Off-street Parking and Loading Requirements 40- 1
42 Signs 40-4
43 Mobile Homes 40-6
44 Open-Mining 40-17
45 Supplementary Regulations for certain Uses by Special Review 40-23
46 Manufactured Homes 40-2:8
47 Livestock Feeding Performance Standards 40-28
48 Domestic Sewage Sludge Regulations 40-29
49 Domestic Septic Sludge Regulations 40-37
50 Overlay Districts 50- 1
51 A-P (Airport) Overlay District 50- 1
52 Geologic Hazard Overlay District 50- 5
53 Flood Hazard Overlay District 50-6
54 Planned Unit Development Overlay District 50-12
60 Board of Adjustment 60- 1
61 Powers and Duties 60- 1
62 Appeals Procedure 60-2
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
HBO 11111 111111 III 1111111 Mg III 11111 Ell III 992063
2718054 09/02/1999 11:248 Weld County CO ORD89-JJ
5 of 219 R 0.00 D 0.00 iJA Sukt Tsukamoto
SECTION PAGE
75 Non-Conforming Uses of Structures 70- 3
76 Uses Allowed by Special Review Permit are not Non-Conforming Uses 70-4
80 Enforcement 80- 1
81 Violations and Penalties 80- 1
82 Criminal Action 80- 1
83 Civil Action 80-2
90 Vested Property Rights 90- 1
91 Adull Business, Service, or Entertainment Establishment 91- 1
1111111 11111111111 III 1111111 IIII 1111111 III 111111111 llll
2718054 09/02/1999 11:248 Weld County CO 992063
8 of 219 R 0.00 D 0.00 JR Sukl Tsuksmoto V ORD89-JJ
TABLE OF CONTENTS
SECTION PAGE
Introductory Information
1 TITLE 1-1
2 AUTHORITY 1-1
3 SCOPE 1-1
4 PURPOSE AND INTENT 1-1
5 INTERPRETATION 1-2
6 RELATIONSHIP WITH OTHER LAWS 1-3
7 SEVERABILITY 1-3
8 IMPLEMENTATION PROCEDURES 1-3
9 ENACTMENT 1-6
111111111111111111 III 1111111 IIII 1111111 III 11111 IIII IIII 992063
2718054 09/02/1999 11:24R Weld County CO ORD89-JJ
7 of 219 R 0.00 D 0.00 JR Sukl Tsukamoto
1-I Introductory Information
1 Title
1.1 The regulaticns contained herein shall be known and cited as the Weld County Zoning Ordinance.
2 Authority
2.1 The COUNTY is authorized by law to regulate zoning, planning,subdivision of land, and BUILDING
by virtue of Section 30-28-101,et seq., C.R.S..as amended; Section 30-28-201, et seq., C.R.S.. as
amended,to regulate certain activities on and USES of land by Section 29-20-101, et seq., C.R.S.;
as amended; to designate and administer areas and activities of state interest by Section 24-65.1-
101, et. seq., C.R.S., as amended; to regulate PLANNED UNIT DEVELOPMENTS by Section 24-
67-101, et. seq., C.R.S., as amended, to establish the point at which statutory vesting occurs
pursuant to Section 24-68-101, et. seq., C.R.S., as amended, to exercise the powers of a board of
health to adopt rules and regulations pursuant to Section 25-1-507(1)(d) C.R.S., as amended. In
addition,the 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 therewith.
3 Scope
3.1 This Ordinance shall apply to all PUBLIC and private lands situated within the unincorporated
portions of the COUNTY,over which Weld county has jurisdiction under the Constitutions 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 regulatory system for land USE in the
COUNTY . This Ordinance is designed to promote the health, safety, convenience, morals, order,
and welfare of the present and future inhabitants of the COUNTY. The present and future
inhabitants of the COUNTY will be benefitted 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.
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 DEVELOPMENT.
4.1.9 Conserving the value of property.
4.1.10 Encouraging the most appropriate USE of land.
111111111111IIIIM III1111111 MI1111111III liii liii 992063
2718054 09/02/1999 11:'24R Weld County CO ORD89-JJ
8 of 219 R 0.00 D 0.00 JR Sukl Tsukamoto
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 foreseeable material
danger to significant wildlife habitat and would endanger a wildlife species.
4.2.3 Preserving areas of historical and archaeological 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 for,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. 2447) but does not include authority to prohibit, set
conditions for, or require a permit for the establishment of any road authorized for mining
claim purposes by 30 U.S.C. 21 et seq., or under any specific permit or lease granted by
the federal government.
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..
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.
5 Interpretation
5.1 The word"person"includes a firm,association,governmental 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
IIIII111111 III III 11111 VIII IIII 992063
2718054 09/02/1999 11:24A Weld County CO 2 ORD89-JJ
9 of 219 R 0.00 D 0.00 JA Suitt Tsukamoto
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 provision 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, except where preempted.
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 or invalid, 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,
subsection, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional
or invalid.
8 Implementation Procedures
8.1 Repeal of Previous Zoning Resolution: Applicable only to 1981 Redistricting
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 Overly 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 the 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 and
any amendment thereto.
8.2 Redistricting Procedure for Amending the Official Zoning Map
8.2.1 Intent. The repealed Official Weld County Zoning Resolution, and accompanying map
contain zone district classifications which are different from the zone district classifications
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
consider the following redistricting procedures 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
11111111111111111III1111111 TRUE M IIIN III Ill 992063
2718054 09/02/1999 11:24A Weld County CO ORD89-JJ
10 of 219 R 0.00 D 0.00 JA Sukl Tsukamoto
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 Resolution 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 corresponds to
the previous zoning within the original 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 c`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 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 according 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.
8.2.1.4 Developed land or land which has an existing USE 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 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 Wel'+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 according 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
appropriate 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.
1 111111 11111 111111 III 1111111 1111 1111111 III 111111 III Iill 992063
2718054 09/02/1999 11:24A Wald County CO ORD89-JJ
11 of 219 R 0.00 D 0.00 JR Suk! Tsukamoto
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 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 district,the Planning Commission and the Board
of County Commissioners shall consider the following standards:
8.2.2.1.1 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.
8.2.2.1.2 If both zone districts in this Ordinance would allow the USE by right or if both zone
districts 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.
8.2.2.1.3 If both zone districts in this Ordinance would allow the USE by right or if both zone
districts 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 contained in Section 8.2.1 and 8.2.2, the Planning Commission and
Board of County Commissioners 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.
8.2.2.1.4 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 provisions of this Ordinance,the Planning Commission and the Board of
County Commissioners 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 existing COUNTY Regulations.
8.2.3 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 application
of the redistricting procedures by the Board of County Commissioners. This request shall
be filed with the Clerk to 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 request. The Board of County Commissioners
shall consider such request at a regularly scheduled meeting within a reasonable period of
time, and at such meeting, may initiate any minor corrections :: deems necessary.
8.3 Transition to the Planned Unit Development Ordinance
8.3.1. All properties which have received land use approval for a change of zone to PUD prior to the
effective date of Ordinance 197, (January 27, 1998), and meet the following additional conditions
shall adhere to regulations and processing method for PUD development set forth in Ordinance 89,
111111111111111111 III 111111111111111111 III 111111 III 1111 992063
2718034 09/02/1999 11:248 Weld County CO -5 ORD89-JJ
12 of 219 R 0.00 D 0.00 JR Suit! Teukamoto
as amended.
8.3.1.1 The application for final plan conforms to the approved PUD district and
8.3.1.2 The applicant has diligently pursued the final plan or has received an extension of time in
accordance with Weld County Zoning Ordinance 28.15.5. Weld County Zoning Ordinance.
8.3.2 All other PUD applications shall adhere to the rules and regulations as set forth in Ordinance 197,
as amended
9. Enactment
9.1 Upon approval and adoption of this Weld County Zoning Ordinance 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 with the Weld County Clerk and
Recorder.
9.2 This Weld County Zoning Ordinance shall be in full force and effect after its approval and adoption
as provided by law.
1111111 11111 111111 III 1111111 IIII 1111111 III 111111 III llil
2718054 09/02/1999 11:24A Weld County CO
13 of 219 R 0.00 D 0.00 JA Suk! Tsukamoto
992063
1-6 ORD89-JJ
TABLE OF CONTENTS
SECTION PAGE
Definitions
10 Definitions beginning with the letter"A" 10- 1
10 Definitions beginning with the letter"B" 10-5
10 Definitions beginning with the letter"C" 10- 5
10 Definitions beginning with the letter"D" 10-6
10 Definitions beginning with the letter"E" 10-8
10 Definitions beginning with the letter"F" 10-8
10 Definitions beginning with the letter."G" 10- 10
10 Definitions beginning with the letter"H" 10-10
10 Definitions beginning with the letter"I" 10-11
10 Definitions beginning with the letter"J" 10-12
10 Definitions beginning with the letter"K" 10-12
10 Definitions beginning with the letter"L" 10-12
10 Definitions beginning with the letter"M" 10-13
10 Definitions beginning with the letter"N" 10-15
10 Definitions beginning with the letter"O" 10-16
10 Definitions beginning with the letter"P" 10-17
10 Definitions beginning with the letter"Q" 10-18
10 Definitions beginning with the letter"R" 10-18
10 Definitions beginning with the letter"S" 10-19
10 Definitions beginning with the letter"T" 10-22
10 Definitions beginning with the letter"U" 10-22
10 Definitions beginning with the letter"V" 10-23
10 Definitions beginning with the letter"W" 10-23
10 Definitions beginning with the letter"Y" 10-24
11111111111 III III 1111111 II III" III 111111 III IIII
2718054 09/02/1999 11:24R Weld County CO 992063
14 of 219 R 0.00 D 0.00 JR Suki Tsukemoto ORD89-JJ
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 intensity to the principal BUILDING or USE
served.
2. Is normally associated with the principal BUILDING or USE
3. Contributes to the needs of the occupants, business enterprise or industrial
operation within the principal BUILDING or USE served.
4. Is located on the same LOT as the principal BUILDING or USE.
ADJACENT: When used to indicate land in the immediate vicinity of a LOT, means
land which shares a boundary line with the LOT in question or which would share a
boundary line were it not for the separation caused by a STREET or ALLEY.
ADULT BUSINESS, SERVICE, or ENTERTAINMENT ESTABLISHMENT: Any businiet,s,
service, or entertainment establishment open to the public in which persons appear in a
STATE OF NUDITY for the purpose of entertaining patrons at such establishment. This
definition should not include any establishments offering such entertainment where those
establishments hold a valid liquor license pursuant to the Colorado Liquor Code or Beer
Code.
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 receiving 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.
AIRPORT: (This definition applies only to AIRPORT when used in the A-P(Airport Overlay
District.): Greeley-Weld County Airport, located in Sections 2 and 3,T5N, and Sections 26
and 35, T6N, R65W of the 6th P.M., Weld County, Colorado.
AIRPORT ELEVATION: The established elevation of the highest point on the usable land
area (4,690 four thousand six hundred ninety 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 landing area. The reference point at Greeley-Weld County AIRPORT is a point
thirty-one hundred (3,100) feet west of the east line of Section 2, T5N, R68W of the 6th
P.M., Weld County, Colorado, and two thousand two hundred and fifty (2,250) feet south
of the north line of said Section 2 which geographical coordinates are Latitude forty (40)
degrees, twenty six(26)feet, eight(8) inches north and Longitude one hundred four(104)
degrees, thirty seven (37) feet, fifty five (55) inches west.
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 AIRSTRIP. An AIRSTRIP may be USED only for private aircraft owned or
HID 11111111111 III 1111111 IIII 1111111 III 111111 III IIII 992063
2718054 09/02/1999 11:248 Weld County CO ORDS9-JJ
19 ni 219 R 0.00 0 0.00 JA Sukl Tsukemoto
leased by the operator of the AIRSTRIP.
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 WATERCOURSE.
ANIMAL BOARDING: The maintaining of LIVESTOCK, other than those owned by the
property owner and where any of the following are provided: shelter, care confinement,
feed, and water.
ANIMAL UNIT: A term and number used to establish an equivalency for various species
of LIVESTOCK. The number of LIVESTOCK allowed by right is dependent upon bulk
requirements of the Agricultural, Estate, or R-1 (Low-Density Residential) zone districts.
LIVESTOCK in excess of the bulk requirements for the Agricultural zone district shall
require a Use by Special Review Permit fora LIVESTOCK CONFINEMENT OPERATION.
All LIVESTOCK shall have the following ANIMAL UNIT equivalents and bulk requirements:
IN THE AGRICULTURAL (A) ZONE DISTRICT
Animal Unit Number of Animals Maximum
Equivalents Number
per acre
Cattle 1 1 4
Bison 1 1 4
Mule 1 1 4
Llama 1 1 4
Ostrich 1 1 4
Elk 1 1 4
Horse 1 1 4
Swine .2 15 20
Sheep .1 10 40
Goat .1 10 40
Poultry .02 50 200
Rabbit .02 50 200
IN THE E (ESTATE) DISTRICT
Animal Unit Number of Maximum Number
Equivalents Animals per acre
Cattle 1 1 1
Horse 1 1 1
Swine 1 1 1
AIM IIIII 111111 ill 1111111 Illl llllll1 III 111111 III I'll 992063
2718054 09/02/1999 11:24A Wald County CO )-2 ORD89-JJ
18 of 219 R 0.00 D 0.00 JA Sukl Tsukamoto
Animal Unit Number of Maximum Number
Equivalents Animals per acre
Llama 1 1 1
Mule 1 1 1
Burro 1 1 1
Sheep .5 2 2
Goat .5 2 2
Poultry .04 25 25
Rabbit .04 25 25
IN THE R-1 (LOW-DENSITY RESIDENTIAL) ZONE DISTRICT
Animal Unit Number of Maximum Number
Equivalents Animals per Lot
Cattle 1 1 2
Horse 1 1 2
Swine .5 2 4
Sheep .2 5 10
Goat .2 5 10
Poultry .02 50 100
Rabbit .02 50 100
Any combination of the above LIVESTOCK and their equivalents as a Use by Right shall
not exceed the maximum of four(4) ANIMAL UNITS per acre in the Agricultural (A) zone
district: one per acre, not to exceed eight(8) ANIMAL UNITS per LOT in the Estate zone
district; or two (2) ANIMAL UNITS per LOT in the R-1 (Low Density Residential) zone
district.
APPEAL: The request for a review of the County's interpretation of any provision of this
Ordinance or a request for a VARIANCE.
AREA OF SPECIAL FLOOD HAZARD: See INTERMEDIATE REGIONAL FLOOD
definition.
AUXILIARY QUARTERS: One or more interconnected rooms permanently attached to or
located within a SINGLE FAMILY DWELLING which are arranged, designed, used or
intended for USE as a complete independent living facility for one FAMILY. All AUXILIARY
QUARTERS shall comply with the following requirements:
1. The AUXILIARY QUARTERS may not be used on any basis as a rental.
2. The USE is subordinate in purpose,area,or intensity and the occupants contribute
to the needs of the occupants of the SINGLE FAMILY DWELLING served,
1111111 11111 992063
2718054 09/02/1999 11:248 Weld County CO I ORD89-JJ
17 of 219 R 0.00 D 0.00 JA Sukl Taukamoto
3. The gross floor area of the SINGLE FAMILY DWELLING shall be no less than
sixteen hundred (1,600) square feet in size.
4. The minimum lot size shall be no less than two and one half(2-1/2) acres.
5. The minimum GROSS FLOOR AREA of the AUXILIARY QUARTERS shall be no
less than three hundred (300) square feet in size, and the maximum shall not
exceed fifty percent (50%) in size of the GROSS FLOOR AREA of the SINGLE
FAMILY DWELLING, not to exceed one thousand (1,000) square feet in size.
6. The AUXILIARY QUARTERS shall be attached by common roof and foundation.
7. The AUXILIARY QUARTERS and the SINGLE FAMILY DWELLING shall be
connected by a party wall or shall not be separated by more than twice the width
of the projected view of the shortest exterior wall of the AUXILIARY QUARTERS.
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.
BASEMENT: (This definition applies only to a BASEMENT when used in the administration
of a Flood Hazard Overlay District Development Permit or the Flood Hazard Overlay
District.) Any floor level below the first story or main floor of a building, having its floor
subgrade (below ground level) on all sides. 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.
BED AND BREAKFAST FACILITY: A facility in an owner occupied DWELLING that offers
TEMPORARY accommodation to lodging guests for a fee.
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
highest point of the roof or appurtenances, not including church spires and residential
chimneys.
BUILDING, PRINCIPAL: A BUILDING in which is conducted the main or primary USE of
the LOT on which said BUILDING is located.
C. CAMPGROUND: An area used for TEMPORARY placement and occupancy of
RECREATIONAL VEHICLES or camping tents.
CHANNEL(FLOOD PLAIN): A natural or artificial watercourse of perceptible extent, with
definite 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, by whatever name known, which is maintained for the
whole or part of a day for the care of more than eight(8) children under the age of sixteen
(16)years and not related to the owner,operator,or manager thereof,whether such facility
is operated with or without compensation for such care and with or without stated
educational purposes. The term includes facilities commonly known as day care center,
day nurseries, nursery SCHOOLS. kindergartens, preschools, play groups, day camps,
111111111111111111 III 1111111 ���� 1111111 ��� 111111 III M" 992063
2718054 09/02/1999 11:24A Weld County CO .4 ORD89-JJ
18 of 219 R 0.00 D 0.00 JA Sukt Tsukamoto
summer camps,and center for developmentally disabled children and those facilities which
give twenty-four-hour(24) care for dependent and neglected children and includes those
facilities for children under the age of six (6) years with stated educational purposes
operated in conjunction with a PUBLIC, private, or parochial college or a private or
parochial SCHOOL except that the term shall not apply to any kindergarten maintained in
connection with a PUBLIC, private,or parochial elementary SCHOOL system of at least six
(6) grades or to any preschool established pursuant to the provisions of Article 28 of Title
22,C.R.S.,which is maintained in connection with a public school system of at least six (6)
grades so long as the school system is not also providing extended day services.
COMMERCIAL: An activity where goods, products, or services are bought, sold, or
transferred in ownership on a fee, contract, or barter basis excluding those uses listed by
right and accessory uses in the A (Agricultural) zone district.
COMMERCIAL JUNKYARD: An open or enclosed area where any waste, JUNK, or used
or second hand materials are bought, sold, exchanged, stored, baled, packed,
disassembled or handled, including, but not limited, to scrap iron and other metals, paper,
rags, rubber tires and bottles. A COMMERCIAL JUNKYARD also includes the storage or
keeping of DERELICT VEHICLES.
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.
COMMON OPEN SPACE: Means a parcel of land, an area c 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 residents, 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.
CRITICAL FEATURE: An integral and readily identifiable part of a FLOOD protection
system, without which the FLOOD protection provided by the entire system would be
compromised.
D. DAIRY: An establishment for the primary production and subsequent sale or distribution
of milk and/or milk products.
DERELICT MANUFACTURED(MOBILE) HOME: A MANUFACTURED (MOBILE) HOME
that is partially or totally damaged by fire, earthquake, wind, or other natural causes, or is
in a state of general dilapidation, deterioration, or decay resulting from improper lack of
maintenance, vandalism, or infestation with vermin or rodents. Any such DERELICT
MANUFACTURED (MOBILE) HOME shall be returned to and maintained in the condition
as originally established on site and as inspected by the Weld County Building Inspection
Department, or it shall be removed from site.
DERELICT VEHICLE: A vehicle that is inoperable (unable to move under its own power);
or is partially or totally dismantled; or has all or portions of its body work missing or is
substantially damaged; or is not registered with the State of Colorado, as required by
1 111111 11111 111111 III 1111111 VIII1111111 111 111111111 Ilil 992063
2718054 09/02/1999 11:24A Weld County CO ORD89-JJ
19 ni 219 R 0.00 0 0.00 JR Sukl Tsukamoto
Section 42-3-103, CRS, or by Sections 42-3-138 or 42-12-102, CRS, and/or the number
plate assigned to it is not permanently attached to the vehicle,as required by Section 42-3-
123, CRS; or is lacking proper equipment to the extent that it would be unsafe or illegal to
USE on public road rights-of-way or otherwise not equipped with lamps and other
equipment as required in Sections 42-4-202 to 42-2-227, CRS. This definition shall not
include; implements of husbandry, farm tractors, or vehicles customarily operated in a
FARMING operation.
DEVELOPER: The legal or beneficial owner or owners of any of the land proposed to be
included in a given DEVELOPMENT,or the authorized agent therefore, including the holder
of an option or contract to purchase,or other individual having an enforceable legal interest
in such land.
DEVELOPMENT: The placement,construction,erection,reconstruction,movement,and/or
alteration of BUILDINGS and/or other STRUCTURES, 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 appurtenances related to any and all USES.
DEVELOPMENT: (This definition applies only to DEVELOPMENT when used in the
administration of a Flood Hazard Overlay District Development permit or the Flood Hazard
Overlay District.)Any man-made change to improved or unimproved real estate, including
but not limited to buildings or other structures, mining, dredging, filling, grading, paving,
excavation or drilling operations or storage of equipment or materials located within the
area of special flood hazard.
DEVELOPMENT STANDARDS: A list of items that are compiled and approved by the
COUNTY that governs the USE and/or operation of a Special Review permit. The list is
placed on the Special Review Permit Plan map prior to recording the map with the Weld
County Clerk and Recorder.
DOMESTIC SEPTIC SLUDGE: Liquid, semi-liquid, or solid waste pumped from septic
tanks,vaults,waste holding tanks and similar STRUCTURES which would be pumped and
transported for final disposal by a licensed Weld County septic tank cleaner. This definition
does not include hazardous waste, industrial waste which is toxic or hazardous, infectious,
highly putrescible, or waste that contains more than 1% (one) petroleum hydrocarbons by
volume. Septic sludge under this definition may not contain more than 15% (fifteen) raw
sewage by volume.
DWELLING UNIT: One(1) or more interconnected rooms which are arranged, designed,
used or intended for USE as a complete independent living facility for 1 (one)LIVING UNIT.
The term DWELLING UNIT does not include HOTELS, MOTELS, RECREATIONAL
VEHICLES, or other places or accommodations when used for transient occupancy.
DWELLING, SINGLE FAMILY (SINGLE FAMILY DWELLING): A DWELLING UNIT or
MANUFACTURED HOME other than a MOBILE HOME arranged, designed. and intended
to be occupied by not more than 1 (one) LIVING UNIT. The projected view of any exterior
wall cf a DWELLING UNIT or MANUFACTURED HOME shall not be less than 20'0"(twenty
feet zero inches).
DWELLING,TWO FAMILY/DUPLEX: A BUILDING containing two(2) DWELLING UNITS
other than MOBILE HOMES or MANUFACTURED HOMES arranged, designed, and
intended to be occupied by not more than two (2) LIVING UNITS.
DWELLING, THREE FAMILY/TRI-PLEX: A BUILDING containing three (3) DWELLING
UNITS other than MOBILE HOMES or MANUFACTURED HOMES arranged,designed,and
intended to be occupied by not more than 3 (three) LIVING UNITS.
Illlll Illll Illlll III at MU NE III NM Ill 992063
2718054 09/02/1999 11:24R Weld County CO ORD89-JJ
20 of 219 R 0.00 D 0.00 JA Suki Tsukamoto
DWELLING, MULTI-FAMILY: A BUILDING containing four(4)or more DWELLING UNITS
other than MOBILE HOMES, or MANUFACTURED HOMEC arranged, designed, and
intended to be occupies by four(4) or more LIVING UNITS.
E. ELECTRIC TRANSMISSION LINES: The system, including lines and support
STRUCTURES,used to transmit electric energy in amounts of 115 KV(one hundred fifteen)
and above.
ELEVATE: To build or raise a STRUCTURE to the level, or above the level of the
REGULATORY FLOOD DATUM.
ENCLOSED: An object or activity shall be ENCLOSED if all aspects of, or a USE are
surrounded on all sides of a BUILDING.
EXISTING MANUFACTURED HOME PARK or SUBDIVISION: (This definition applies only
to MANUFACTURED HOME PARK or SUBDIVISION when used in the administration of
a Flood Hazard Overlay District Development Permit or the Flood Hazard Overlay District.)
A parcel(or contiguous parcels)of land divided into two or more MANUFACTURED HOME
LOTS for rent or sale.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK or SUBDIVISION: (This
definition applies only to an EXPANSION TO AN EXISTING MANUFACTURED HOME
PARK or SUBDIVISION when used in the administration of a Flood Hazard Overlay District
Development p Permit or the Flood Hazard Overlay District.) The preparation of additional
sites by the construction of facilities for servicing LOTS on which the MANUFACTURED
HOMES are to be affixed (including the installation of utilities, the construction of streets,
and either final site grading of the pouring of concrete pads).
EXOTIC ANIMAL: Any vertebrate animal except fishes and amphibians that is not defined
herein as LIVESTOCK or HOUSEHOLD PET.
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.
F. FAMILY: An individual,or a group of two(2)or more individuals related by blood, marriage,
or adoption, living together. (See also LIVING UNIT).
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.
FARMING: The cultivation of land, growing of crops, ranching, and/or the raising of
LIVESTOCK.
FARMLAND - U.S. DEPARTMENT OF AGRICULTURAL, SOIL CONSERVATION
SERVICES:The availability of a consistent supply of clean water must exist in order to have
prime FARMLAND. Prime FARMLAND is land that has the best combination of physical and
cherrical characteristics for producing food, feed, forage, fiber, and oilseed crops, and is
also available for these USES(the land could be cropland, pastureland, rangeland, forest
land, or other land, but not urban build-up land or water). It has the soil quality, growing
season, and moisture supply needed to economically produce sustained high yields of
crops when treated and managed, including water management, according to acceptable
FARMING methods. In general, FARMLANDS have an adequate and dependable water
111111111111 It III 1111111 IIII 1111111 III 1111111 111111 992063
2718054 09/02/1999 11:249 Weld County CO ORD89-JJ
*4 at 110 o 2 201 a o.ori JA Suki Tsukemoto
supply from precipitation or irrigation,a favorable temperature and growing season,salt and
sodium content,and few or no rocks. Prime FARMLANDS are permeable to water and air.
Prime FARMLANDS are not excessively erodible or saturated with water for a long period
of time, and they either do not FLOOD frequently or are protected from flooding. (U.S.
Department of Agriculture, Soil Conservation Services[Special Series 17]. January 1980:
additional supplements).
FARMLAND - WELD COUNTY PRIME: The availability of a consistent supply of quality
water must exist in order to have PRIME FARMLANDS. PRIME and"If irrigated" lands fall
into upper capability classes as defined by the Soil Conservation Service and Colorado
State University Cooperative Extension Service and should be protected equally if irrigation
water is available and they are located within a reasonable distance of water delivery
STRUCTURES.
FARMLAND -WELD COUNTY NON-PRIME: NON-PRIME FARMLAND is low capability
land that is not considered important land for food production. It may be composed of
poorer soils prone to erosion or may have topographical limitations such as slopes or
gullies.
FILL: Any material such a 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 inundation by the FLOOD waters of
an INTERMEDIATE REGIONAL FLOOD. FLOOD HAZARD AREAS in the unincorporated
areas of the COUNTY are shown as FP-I and FP-2 (Floodprone) and FW (FLOODWAY)
District on the official Weld County Flood Hazard Overlay District Zoning Maps.
FLOOD INSURANCE RATE MAP (FIRM): The official map on which the Federal
Emergency Management Agency has delineated both the A..^,EA OF SPECIAL FLOOD
HAZARDS and the risk premium zones applicable to the community.
FLOOD INSURANCE STUDY: The official report provided by the Federal Emergency
Management Agency that includes FLOOD profiles, the FLOOD Boundary FLOODWAY
Map, and the WATER SURFACE ELEVATION of the BASE FLOOD.
FLOOD PLAIN: Any land area susceptible to being inundated by water from any source.
An INTERMEDIATE REGIONAL FLOOD PLAIN 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
INTERMEDIATE REGIONAL FLOOD.
FLOODWAY: The CHANNEL of a river or WATERCOURSE and the adjacent land areas
which is required to carry and discharge the floodwaters 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 Overlay District
Zoning Maps as the FW (FLOODWAY) District.
FLOOD. ONE-HUNDRED YEAR: (See INTERMEDIATE REGIONAL FLOOD).
11111111111111111 III 1111111 IIII 1111111 III 1111111 II IIII 992063
2718054 09/02/1999 11r24A Weld County CO ORD89-JJ
22 of 219 R 0.00 0 0.00 IA Suitt Teukameta
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: 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: An area which contains or is directly affected by a
GEOLOGIC HAZARD.
GROSS FLOOR AREA: 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: A process characterized by the downward displacement of
surface material caused by phenomena such as removal of underground fluids, natural
consolidation, dissolution of underground minerals, or underground mining.
H. HAZARD AREA: Any area governed by the GEOLOGIC HAZARD Overlay District
regulations 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.):
Forte 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 residing on the property, where:
1. Such USE is conducted primarily within a DWELLING UNIT or ACCESSORY
STRUCTURE and principally carried on by the FAMILY resident therein.
2. Such USE is clearly incidental and secondary to the principal permitted USE and
shall not change the character thereof.
Ordinarily a HOME BUSINESS shall not be interpreted to include the following: clinic,
HOSPITAL nursing home,animal hospital,HOTEL/MOTEL,RESTAURANT,mortuary,and
organized 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
residents thereof and no others.
2. Such USE is clearly incidental and secondary 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 (300)
square feet.
4. There is no advertising or other indication of the HOME OCCUPATION on the LOT
or any STRUCTURE or vehicle located on or ADJACENT to the LOT with the
11111111111111111 III IIIIIIII T 1111111 III1111111II II 992063
2718054 09/02/1999 1:1:24A Weld County CO ORD89-JJ
_e n4a n a as n a as .f0 Sukl Taukamote
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 one(1)square foot in area,shall be non-illuminated 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
explosive or combustible materials.
6. There is no offensive noise, vibration, smoke, dust, odors, heat, glare or electrical
interference or other hazard or nuisance noticeable off the LOT if the 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(6)persons meet together for instruction on a regular
basis. (Does not include classes sponsored by a PUBLIC SCHOOL.)
HOSPITAL: Any institution receiving inpatients and rendering medical,surgical,psychiatric,
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 sleeping 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 establishment 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, alligators, etc.), gorillas orangutans,
baboons, chimpanzees, member of the class apes, order falcons (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 definitions of EXOTIC
ANIMALS, LIVESTOCK, and KENNEL).
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
suitable to permit the landing of aircraft by an instrument approach under restricted visibility
conditions and described as follows: A tract of land in Section 2 and 3, T5N, and Sections
35 and 26, T6N, R65W, of the 6th P.M., situated in Weld County, Colorado, or more
particularly described as follows: Beginning at the intersection of State Highway 263 Darling
Ranci Road,thence North 74 12'west a distance of six thousand two hundred(6,200)feet
is the centerline of the INSTRUMENT RUNWAY,which extends fifty(50)feet on each side
of said centerline.
INTERMEDIATE REGIONAL FLOOD (BASE FLOOD, ONE PERCENT FLOOD, ONE
HUNDRED YEAR FLOOD.): A FLOOD which has a one percent chance of being equaled
or exceeded in any given year.
J. JUNK: Scrap brass,iron, lead,tin,zinc;all other scrap metals and alloys; bones; rags;used
cloth, rope, rubber, tinfoil, bottles, old or used machinery of any type; used tools; used
appliances;used lumber or crates;building materials;fabrication of any material; used pipe
or pipe fittings; used conduit or conduit fittings; used automobile parts; DERELICT
VEHICLES; used tires and other manufactured goods that are so worn, deteriorated, or
obsolete as to make them unusable in their existing condition.
111111111111111111 III 11111111111 1111111 III 1111111111111 992063
2718054 09/02/1999 11:24A Weld County CO ORD89-JJ
24 of 219 R 0.00 D 0.00 JR Sukl Tsukemoto
K. KENNEL: Any place other than a PET SHOP or veterinary clinic or HOSPITAL,where five
(5) or more HOUSEHOLD PETS of one (1) species, or a total of eight (8) or more
HOUSEHOLD PETS of two (2) or more species are kept or maintained. Property that is
zoned Agricultural (A) and not part of a platted subdivision or unincorporated town and
which is 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: Includes any combination 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: The regular irrigation, weeding, fertilization, mowing,
trash cleanup and pruning of all LANDSCAPING, the treatment or repair of all diseased,
insect-ridden, broken or vandalized LANDSCAPING, and the replacement of dead or
irreparable LANDSCAPING in substantially similar kind.
LEGAL LOT: As used in this Ordinance, the term LEGAL LOT shall refer to:
1. Any parcel lawfully in existence at the time of adoption of this Ordinance.
2. Any parcel created subsequent to the adoption of this Ordinance, which
a. Meets the minimum area and similar requirements specified by this
Ordinance and which was created in conformance with the Weld County
Subdivision Ordinance.
b. Or for parcels in the(A)Agricultural zone district, meets the minimum area
and similar requirements specified by this Ordinance or which was created
in conformance with the Weld County Subdivision Ordinance.
c. Or for which a Use by Special Review has been approved in conformance
with this Ordinance and for which any required documents have been
recorded with the Weld County Clerk and Recorder.
d. Or be approved in conformance with Section 31.4.12 of this Ordinance.
LEVEE: A man-made structure, usually an earthen embankment, designed and
constructed in accordance with sound engineering practices to contain,control,or divert the
flow of water so as to provide protection from TEMPORARY FLOODING .
LEVEE SYSTEM: A FLOOD protection system which consists of a LEVEE or LEVEES and
associated STRUCTURES, such as closure and drainage devices, which are constructed
and operated in accordance with sound engineering practices.
LIVESTOCK: Cattle, bison, mules, burros, llamas, ostriches, elk, horses, swine, 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 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 zoning district in which it is located. For
example,an L.C.O. may include DAIRIES,feedlots, poultry and swine production facilities.
LIVING UNIT: One (1) FAMILY plus up to three (3)additional individuals whose place of
residence is with the FAMILY in the DWELLING UNIT.
LOT: The basic DEVELOPMENT unit, an area with fixed boundaries, USED or intended
to be USED by one(1) BUILDING and its ACCESSORY USE(S), STRUCTUR.E(S)and/or
BUILDING(S). A LOT shall not be divided by any public highway, STREET, or ALLEY. A
11111111111 IIIII III1111111 IIII1111111 III 1111111 X11111 992063
2718054 09/02/1999 11:244 Wald County CO 1 ORD89-JJ
9a at 219 R 0.00 D 0.00 JR Suitt Tsukamoto
LOT must meet the requirements of the zoning district in whicl :t is located and must have
access to a PUBLIC STREET or an approved private STREET.
LOW GROUND SUBSIDENCE HAZARD AREA: 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 adequate engineering design to future STRUCTURES
so they can withstand small amounts of foundation 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 occurred. 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.
LOWEST FLOOR: 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 elevation, 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.
M. MAJOR FACILITIES OF A PUBLIC UTILITY OR PUBLIC AGENCIES: Public Utilities or
Public Agencies operating or constructing a mine, ELECTRIC TRANSMISSION LINES,
comrnercial radio transmission towers, cellular and other wireless communication towers,
domestic water storage facilities, POWER PLANTS, SUBSTATIONS of electrical utilities,
wastewater treatment facilities,water treatment facilities,including extensions,expansions,
or enlargements thereof. STORAGE AREAS of utilities providing electricity, water,
wastewater, and natural gas or other petroleum derivatives, including extension,
expansions or enlargements thereof; PIPELINES of utilities providing natural gas or other
petroleum derivatives including extensions, expansions or enlargements thereof; road,
park, or other public way, ground, or space, public building or structure, or public utility,
whether publicly or privately owned.
MAJOR THOROUGHFARE: A road or STREET designed, constructed and used as an
ARTERIAL STREET, EXPRESSWAY, FREEWAY, or as a frontage road serving an
ARTERIAL STREET, EXPRESSWAY, or FREEWAY.
MANUFACTURED HOME: A single family dwelling which: is practically or entirely
manufactured in a factory; is not less than twenty-four(24) feet in width and thirty-six (36)
feet in length; is installed on an engineered permanent foundation in compliance with ANSI
A225.1-1987, Manufactured Home Installations, Appendix C; has brick, wood, or
cosmetically equivalent exterior siding and a pitched roof; and is certified pursuant to the
"National Manufactured Housing Construction and Safety Standards Act of 1974",42 U.S.C.
5401 et. seq, as amended. A MANUFACTURED(MOBILE) HOME shall not be allowed to
deteriorate to the condition of a DERELICT MANUFACTURED (MOBILE) HOME.
MAN JFACTURED HOME: (This definition applies only to MANUFACTURED HOMES
when used in the administration of a Flood Hazard Overlay District Development Permit or
the Flood Hazard Overlay District.) A STRUCTURE transportable in one or more sections,
which is built on a permanent chassis and is designed for USE with or without a permanent
foundation when connected to the required utilities. This term also includes park trailers,
trave trailers and other similar vehicles placed on a site for greater than (180)consecutive
days. A MANUFACTURED (MOBILE) HOME shall not be allowed to deteriorate to the
condition of a DERELICT MANUFACTURED (MOBILE) HOME.
MASTER PLAN: A document or series of documents prepared and adopted according to
Colorado Law which sets forth policies for the future of a municipality.
111111111111111111III1111111IIII tat III 1111111 111111 992063
2718054 09/02/1999 11:24A Weld County CO 2 ORD89-JJ
28 of 219 R 0.00 D 0.00 JA Sukl Tsukamoto
MEAN SEA LEVEL: For purposes of the National Flood Insurance Program, the National
Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which BASE FLOOD
elevations shown on a community's FLOOD INSURANCE RATE MAP are referenced.
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 on site, open
pit excavation, wet or dry pit excavation, or subterranean excavation.
MOBILE HOME: A transportable STRUCTURE which exceeds either eight(8)feet in width
or thirty-two(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 FAMILY DWELLING which is certified pursuant to the "National
Manufactured Housing Construction and Safety Standards Act of 1974",42 U.S.C. 5401 et
seq, as amended, but does not meet all of the other provisions of the definition of
MANUFACTURED HOME is considered to be a MOBILE HOME. A MOBILE HOME shall
not be allowed to deteriorate to the condition of a DERELICT MOBILE HOME
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
may consist of separate concrete blocks or a single concrete slab as described in Sections
20.9.1 through 20.9.1.5 of the Weld County Building Code Ordinance.
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.
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.
MODERATE GROUND SUBSIDENCE HAZARD AREA: Areas subject to MODERATE
SUBSIDENCE are defined by potential surface disruption of sufficient magnitude to damage
STRIJCTURES to such an extent as to render them unsafe or unusable. The rate of such
disruption, however, is slow enough to allow time for recognition 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
NEIGHBORHOOD always includes LOTS which are ADJACENT to the LOT under
consideration and, depending upon the land USE in question, may include more remote
areas as well.
NEW CONSTRUCTION: STRUCTURES for which the START OF CONSTRUCTION
commenced on or after the effective date of this Ordinance 89JJ.
NEW MANUFACTURED HOME PARK or SUBDIVISION: (This definition applies only to
a NEW MANUFACTURED HOME PARK or SUBDIVISION when used in the administration
of a Flood Hazard Overlay District Development Permit or the Flood Hazard Overlay
District.) A MANUFACTURED HOME PARK or SUBDIVISION for which the construction
of facilities for servicing the LOTS on which the MANUFACTURED HOMES are to be
affixed (including at a minimum, the installation of utilities, the construction of streets, and
either final site grading or the pouring of concrete pads) is completed on or after the
effective date of floodplain management regulations adopted by a community.
1111111 WHIM III11111111111 1111111 III 1111111 111111 992063
2718054 09/02/1999 11:24A Weld County CO 3 ORD89-JJ
27 of 219 R 0.00 D 0.00 JA Sukl Tsukemoto
NIGHTCLUB, BAR, LOUNGE OR TAVERN: An establishment primarily intended to serve
alcoholic beverages to customers on premises and licensed as such by the State of
Colorado and the County of Weld.
NONCOMMERCIAL JUNKYARD: An area where any waste, JUNK, or used or second
hand materials are stored or handled, including, but not limited to scrap iron and other
metals, paper, rags, rubber tires, building materials, and bottles. A NONCOMMERCIAL
JUNKYARD may also include the storage or keeping of DERELICT VEHICLES. The
NONCOMMERCIAL JUNKYARD shall be totally ENCLOSED within a BUILDING or
STRUCTURE or visually SCREENED from all ADJACENT properties and public rights-of-
way.
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 RUNWAY are the crosswind RUNWAY
(RUNWAY 17-25 ) and the parallel practice RUNWAY(RUNWAY 3-21 ).
NON-URBAN SCALE DEVELOPMENT: DEVELOPMENT(S) comprised of five (5)or less
residential LOTS, located in a non-urban area as defined by the Weld County
COMPREHENSIVE PLAN, not ADJACENT to other PUD's, subdivisions, municipal
boundaries or urban growth corridors. NON-URBAN SCALE DEVELOPMENT on PUBLIC
WATER and septic systems shall have a minimum LOT size of one(1)acre and an overall
density of two and one-half (2-1/2) acres per septic system. NON-URBAN SCALE
DEVELOPMENT proposing individual, private wells and septic systems shall have a
minimum lot size of two and one-half(2-1/2) acres per LOT .
NOXIOUS WEEDS: Includes one or more annual, biennial, or perennial plants which are
causing or may cause damage or loss to a considerable portion of land or livestock in the
COUNTY
NUDE, STATE OF NUDITY: A person appears NUDE or in a state of NUDITY when such
person is unclothed or in such attire, costume or clothing as to expose to view any portion
of the female breasts below the top of the areola or any portion of the pubic hair, anus, cleft
of the buttocks, vulva, or genitals.
O. OFFICE: A room, studio, suite or BUILDING in which a person transacts their business or
carries on their stated occupation, including but not limited to accounting,correspondence,
telephone answering, research, editing, administration or analysis; or the conduct of a
business by salesmen, sales representatives, or manufacturer's representatives;
professionals such as engineers, architects, planners, 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, separators, meters, compressors, TANK BATTERY and other equipment directly
associated with the producing well, all of which must be connected, functional and in
operation.
OIL AND GAS STORAGE FACILITY: One(1)or more tanks which receive and store oil or
gas from sources other than direct from the oil and gas well.
OIL AND GAS SUPPORT AND SERVICE: Location and operation bases for businesses
11111111111 ITN 1111111111111111111 III 1111111 II 1111 992063
2718054 09/02/1999 11:246 Weld County CO 14 ORD89-JJ
28 of 219 R 0.00 D 0.00 JA Sukl Tsukamoto
whose primary activity includes the following kinds of USES:
1. Parking and maintenance of exploration, production, or workover equipment
2. Equipment and storage yards for road and pipeline construction contractors, and
production unit set-up and maintenance contractors.
3. Parking, maintenance for tank and water service companies.
4. Storage and rental yards for pipe and production equipment.
5. Field OFFICES USED by production related records and maintenance personnel.
6. Disposal and recycling sites for production waste (except production water
disposed through either SECONDARY RECOVERY or deep well disposal methods
and the mode of transport to such injection wells is exclusively via pipeline from the
source and no on site storage occurs), except, businesses whose activities are
primarily manufacturing and fabricating or whose use is primarily for general
company OFFICES used by other than company officials.
7. Oil and gas processing facilities and related equipment, including, but not limited
to, compressors associated with gas processing or which compress gas to enter
a pipeline for transport to market.
OVERLAY ZONING DISTRICT: A zoning district superimposed over the UNDERLYING
ZONING DISTRICT 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. DEVELOPMENTS within
the OVERLAY ZONING DISTRICT shall conform to the requirements of both zones.
P. 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 primary occupation is the retail sales or
grooming of HOUSEHOLD PETS or the sale of pet supplies.
PIPELINES: Any PIPELINE and appurtenant facilities designed for, or capable of,
transporting natural gas or other petroleum derivatives ten(10)inches in diameter or larger
which creates a hoop stress of twenty percent (20%) or more at their specified minimum
yield strength. PIPELINES regulated, licensed or permitted under Federal regulations as
interstate transmission lines shall be exempt from regulation under this Ordinance.
POWER PLANT: Any electrical generating facility with an energy generation capacity of
fifty (50) megawatts or more, and any facilities appurtenant thereto, or any expansion,
extension or enlargement thereof increasing the existing design capacity by fifty (50)
megawatts or more.
PROGRAM DEFICIENCY: (This definition applies only to PROGRAM DEFICIENCY when
used in the administration-of a Flood Hazard Overlay District Development P or the Flood
Hazard Overlay District.) A defect in a community's FLOOD PLAIN management
regulations or administrative procedures that impairs effective implementation of those
FLOOD PLAIN management regulations or of the NFIP standards in Sections 60.3, 60.4,
60.5, or 60.6
PUBLIC: When used as modifying a STRUCTURE, activity or purpose, means a
STRUCTURE, activity or purpose owned or operated by a government agency or by a
11111111111111111 III 1111111 IIII 1111111 III 1111111 II 1111 992063
2718054 09/02/1999 11:24R Wald County CO 5 ORD89-JJ
29 of 219 R 0.00 D 0.00 JA Suki 7sukamoto
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, organization, special district or municipality with common water and sewer service
facilities.
PUD(PLANNED UNIT DEVELOPMENTI: 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 correspond in lot size, bulk, or type of USE, density, LOT coverage, open space,
or other restriction to the existing land USE regulations.
Q. QUALIFIED GROUND WATER SCIENTIST: A scientist or engineer who has received a
baccalaureate or post-graduate degree in the natural sciences or engineering and has
sufficient training in the natural sciences or engineering and has sufficient training and
experience in ground water hydrology and related fields as may be demonstrated by state
registration,professional certifications,professional experience or completion of accredited
university programs that enable that individual to make sound professional judgements
regarding ground water monitoring, contaminant fate and transport, and corrective action.
R. RECREATIONAL FACILITIES: The following classes of recreational facilities have the
following meanings:
1. PUBLIC RECREATIONAL FACILITIES: 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 corporation 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 FACILITIES 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 wilhout flexible, removable or collapsible walls and partitions designed to be used as a
dwelling for travel, recreation or vacation USES and not exceeding eight(8) feet in width
or thirty-two(32)feet in length. The term RECREATIONAL VEHICLE shall include: motor
home, camper bus and travel trailer, but shall not include pickup trucks with camper shells
that do not extend above the cab of the truck. For the purpose of this Ordinance, a
RECREATIONAL VEHICLE shall be subject to all requirements and restrictions for MOBILE
HOMES as provided in this Ordinance when its placement is intended for non-transient
residency.
RECREATIONAL VEHICLE: (This definition applies only to RECREATIONAL VEHICLE
when used in the administration of a Flood Hazard Overlay District Development Permit or
the Food Hazard Overlay District.) A vehicle which is built on a single chassis; is 400(four
hundred) square feet or less when measured at the largest horizontal projection; is
1 IMO 11111 "III 1111111 MI 1111111 III IIII 11111 IIII 992063
2718054 09/02/1999 11:24A Wald County CO ORD89-JJ
30 of 219 R 0.00 D 0.00 JA Sukl Tsukamoto
designed to be self-propelled or permanently towable by a light duty truck;and is designed
primarily not for use as a permanent dwelling but as temporary living quarters for
recreational, camping, travel, or seasonal use.
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
INTE=RMEDIATE 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.
REMEDY A VIOLATION: (This definition applies only to REMEDY A VIOLATION when
used in the administration of a FLOOD HAZARD Overlay District DEVELOPMENT Permit
or the FLOOD HAZARD Overlay District). To bring the STRUCTURE or other
DEVELOPMENT into compliance with State or local FLOOD PLAIN management
regulations,or, if this is not possible to reduce the impacts of its noncompliance. Ways that
impacts may be reduced include protecting the STRUCTURE or other affected
DEVELOPMENT from FLOOD damages, implementing the enforcement provisions of this
ordinance or otherwise deterring future similar violations, or reducing Federal financial
exposure with regard to the STRUCTURE or other DEVELOPMENT.
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, refrigerators and lawn mowers not exceeding four thousand (4,000)
watts five(5)horsepower,or any place wherein the primary occupation is interior decorating
including reupholstering,furniture repair and the making of draperies,slipcovers and similar
articles.
RESTAURANT: An establishment that furnishes,for compensation,food and drinks or any
kind for consumption primarily therein. A TEMPORARY snack bar or refreshment stand at
a PUBLIC or nonprofit RECREATIONAL FACILITY and for the convenience of patrons of
the facility, 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: Includes any one(1)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 attendance requirements appearing in
the School Attendance Law of 1963 Colorado Revised Statutes 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 Services to lessen the noise, light,heat or visual impacts of a USE on surrounding
USES.
SECONDARY RECOVERY: A technique of recovering additional crude from a mineralized
zone by inj,cting steam, water and similar methods in an effort to force more of the crude
to a production well.
1111111 IIIII 111111 III 1111111 III' 1111111 III IIII 11111 IIII 992063
2718054 09/02/1999 11:24A Weld County CO ORD89-JJ
31 of 219 R 0.00 D 0.00 JA Sukl Tsukamoto
SETBACK: The horizontal distance between any BUILDING or STRUCTURE 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
Transportation Plan necessitating additional right-of-way, then the SETBACK shall be
measured from the future right-of-way line. The future right-of-way line(measured from the
center of the road) is determined by dividing the needed right-of-way as defined below in
half. The following is a list of the right-of-way needed for road designations as defined in
the Weld County Transportation Plan.
1. Principal ARTERIAL (Interstate) -Three hundred (300) foot right-of-way.
2. Principal ARTERIAL (other) -One hundred and fifty (150) foot right-of-way.
3. Minor ARTERIAL-One hundred to one hundred and fifty(100 to 150)foot right-of-
way.
4. County ARTERIAL- One hundred (100) foot right-of-way.
5. County COLLECTOR - Eighty (80) foot right-of-way.
6. County LOCAL- Sixty (60) foot right-of-way.
SEVERE GROUND SUBSIDENCE HAZARD AREA: Zones labeled SEVERE are areas in
which the effects of rapid subsidence, such as failure of BUILDING foundations, roadways,
gas mains, and similar frequently USED or potentially dangerous 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 decomposed pillars could
induce almost instantaneous subsidence or displacement with equally or almost equally
rapic destruction of structures at the surface.
START OF CONSTRUCTION: (This definition applies only to START OF
CONSTRUCTION when used in the administration of a FLOOD HAZARD Overlay District
Development permit or the FLOOD HAZARD Overlay District.) Includes SUBSTANTIAL
IMPROVEMENT, and means the date the building permit was issued, provided the actual
START OF CONSTRUCTION,repair,reconstruction,placement,or other improvement was
within one hundred and eighty (180) days of the permit date. The actual start means the
first placement of permanent construction of a STRUCTURE on a site,such as the pouring
of slab or footings,the installation of piles,the construction of coiumns, or any work beyond
the stage of excavation; or the placement of a MANUFACTURED HOME on a foundation.
Permanent construction does not include land preparation, such as clearing, grading and
FILLING ; nor does it include the installation of STREETS and/or walkways. nor does it
include excavation for a BASEMENT, footings, piers, or foundations or the erection of
TEM?ORARY forms; nor does it include the installation on the property of ACCESSORY
BUILDINGS, such as garages or sheds not occupied as DWELLING UNITS or not part of
the main STRUCTURE.
STORAGE AREA: Any facility,including appurtenant facilities,designed to store fifty million
cubic feet or more of natural gas or similar petroleum derivatives,or one hundred thousand
(100,000) barrels or more of liquid petroleum derivatives.
STREET: A strip of land intended for vehicular 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, including interstate highway, designed to
11111111111 HIV 1111111111 1111111 III ERIE' 992063
2718064 09/02/1999 11:24R Weld County CO -18 ORD89-JJ
32 of 219 R 0.00 D 0.00 JR Suit! Tsukamoto
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.
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 (1) or more individual residential or nonresidential areas to or from an
ARTERIAL, EXPRESSWAY, or FREEWAY.
LOCAL: A STREET designed to carry vehicular traffic from one(1)or more lots to
or from a COLLECTOR.
ALLEY: A minor way which is used primarily for vehicular service access to the
rear or side LOTS otherwise abutting on a STREET.
FRONTAGE ROAD: A STREET parallel and ADJACENT to an ARTERIAL,
EXPRESSWAY,or FREEWAYwhich provides access to ADJACENT LOTS so that
each ADJACENT LOT will not have direct access to the ARTERIAL,
EXPRESSWAY, or FREEWAY.
STRUCTURE: Anything that is built, constructed, or erected, an edifice or building of any
kind, or any piece of work artificially built up or composed of parts joined together in some
defirite manner, but not including fences or walls used as fences less than six (6) feet in
height,poles, lines,cables or distribution facilities of public utilities. Semi-trailers as defined
in§42-1-102(70), CRS, situated as TEMPORARY or permanent storage units, not safe or
not operable or illegal to be used on public road rights of way,which are not licensed, shall
be considered 'STRUCTURES ' in accordance with this definition, shall comply with
requ rements set forth in this Ordinance, including required zoning SETBACKS and
OFFSETS, and shall be installed in accordance with the requirements set forth in the Weld
County Building Code Ordinance.
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 expected 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, reconstruction, or improvement of a
STRUCTURE the cost of which equals or exceeds fifty(50) percent of the market value of
the STRUCTURE either before the improvement is started or if the STRUCTURE has been
damaged, and is being restored, before the damage occurred. For the purposes of this
definition SUBSTANTIAL IMPROVEMENT is considered to occur when the first alteration
of any wall, ceiling, floor or the structural part of the building commences, whether or not
that alteration affects the external dimensions of the STRUCTURE. The term does not,
however, include any project for improvement of a STRUCTURE to comply with existing
STATE or local health, sanitary, of safety code specifications which are solely necessary
to assure safe living conditions, or any alternation of a STRUCTURE listed on the National
Register of Historic Places or a State Inventory of Historic Places.
SUBSTANTIAL DAMAGE: This definition applies only to SUBSTANTIAL DAMAGE when
11111111 11111 III 11111111 Inn III VIII IiII I'll 992063
2718054 09/02/1999 11:24A Weld County CO ORD89-JJ
33 of 219 R 0.00 D 0.00 JA Suit' Tsukamoto
used in the administration of a Flood Hazard Overlay District Development Permit or the
Flood Hazard Overlay District.) Damage of any origin sustained by a structure whereby the
cost of restoring the structure to its before damaged condition would equal or exceed 50
(fifty) percent of the market value of the structure before the damage occurred.
SUBSTATION: Any facility designed to proved switching,voltage transformation,or voltage
control required for the transmission of electricity which has an incoming or outgoing power
line which is more than sixty-nine(69) KV.
SUITABLE SOIL: A soil which will effectively filter effluent by removal of organisms and
suspended solids before the effluent reaches any highly permeable earth such as joints in
bedrock, gravel or very coarse soils and which has percolation rates slower than five (5)
mpi and has a vertical thickness of at least five(5)feet beneath the plow line of the site and
the top of the high groundwater table.
T. TANK BATTERY: One(1)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 performances 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 Nine -
Twenty seven (9-27)which has its displaced threshold eight hundred feet(800)feet west
of the physical end.
U. UNDERLYING ZONING DISTRICT: The zone districts 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.
URBAN SCALE DEVELOPMENT:DEVELOPMENTS exceeding five(5)lots and/or located
in close proximity to existing PUD's, subdivisions, municipal boundaries, or urban growth
corridors and boundaries. All urban scale DEVELOPMENTS shall pave the internal road
systems of the DEVELOPMENTS .
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, in or on a STRUCTURE or on a tract of land.
UTILITY SERVICE FACILITY: Public Utility mains, lines, SUBSTATIONS, gas regulator
stations,PUBLIC lift or pumping stations for domestic water and sanitary sewer service,and
accessory STRUCTURES where no Public office, repair or storage facilities are operated
or maintained.
V. VARIANCE: (This definition applies only to VARIANCE when used in the administration of
a FLOOD HAZARD Overlay District Development Permit or the FLOOD HAZARD Overlay
District). A grant of relief from the requirements of this Ordinance which permits
construction in a manner that would otherwise be prohibited by this Ordinance.
VEHICLE RENTAL ESTABLISHMENT: Any USE of property primarily for the rental of
vehicles such as automobiles, motorcycles, trucks, trailers, RECREATIONAL VEHICLES,
111111111111111111 III 1111111 lull III 11111 IIII IIII 992063
2718054 09/02/1999 11:24A Weld County CO ORD89-JJ
34 of 219 R 0.00 D 0.00 JA Suki Tsukemoto
boats, farm machinery construction equipment and other heavy rolling stock; and whereon
such vehicles are stored.
VEHICLE SALES ESTABLISHMENT: Any USE of property for the sale of vehicles such as
automobiles,motorcycles,trucks,trailers,RECREATIONAL 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 automobiles, motorcycles, trucks, trailers, RECREATIONAL VEHICLES, MOBILE
HOMES, boats, farm machinery, construction equipment, and other rolling stock, are
serviced and repaired, including body work, welding and painting.
VIOLATION: (This definition applies only to VIOLATION when used in the administration
of a FLOOD HAZARD Overlay District Development Permit or the FLOOD HAZARD
Overlay District.) The failure of a STRUCTURE or other DEVELOPMENT to be fully
com iant with the community's FLOOD PLAIN management regulations. A STRUCTURE
or other DEVELOPMENT without the elevation certificate, other certifications, or other
evidence of compliance required in NFIP standards § 60.3(b)(5), (c)(4), (c)(10), (d)(3),
(e)(2), (e)(4), or (e)(5) is presumed to be in VIOLATION until such time as that
documentation is provided to show otherwise.
W. WATERCOURSE: Any natural CHANNEL through which water flows.
WATER SURFACE ELEVATION: The height, in relation to the National Geodetic Vertical
Datum(NGVD)of 1929,or other datum,where specified of an INTERMEDIATE REGIONAL
FLOOD or FLOODS of various magnitudes and frequencies in the FLOOD PLAINS of
coastal or riverline areas.
WATERTIGHT: Impermeable to the passage of water and capable of resisting the
hydrostatic and hydrodynamic loads and the effects of buoyancy 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 and the required SETBACK.
1 IMO 11111 IIIIM III 11111111 IIII 1111111 III 11111 IIII III
2718054 09/02/1999 11:24A Weld County CO
35 of 219 R 0.00 D 0.00 JA Suki Tsukamoto
992063
10-21 ORD89-JJ
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) 20-12
23 SITE PLAN REVIEW 20-13
24 USES BY SPECIAL REVIEW 20-22
25 SPECIAL REVIEW PERMIT FOR MAJOR
FACILITIES OF A PUBLIC UTILITY 20-35
26 FLOOD HAZARD OVERLAY DISTRICT
DEVELOPMENT PERMIT 20-46
27 GEOLOGIC HAZARD OVERLAY DISTRICT
DEVELOPMENT PERMIT 20-50
28 PROCEDURES AND REQUIREMENTS OF
THE PUD DISTRICT 20-53
29 FEES 20-77
111111 11111 111111 Hal Inn CHI IIII IIII
2718054 09/02/1999 11:248 Weld County CO
36 of 219 R 0.00 D 0.00 JR Sukl Tsukamoto
992063
ORD89-JJ
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 the COUNTY may request amendment of the Official Zoning Map of the 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, Amendments to the Map of the Zoning
Ordinance F'rovided, however, 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 publication
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 application and application fees shall be
submitted to the Department of Planning Services.
21.4 Duties of the Department of Planning Services
21.4.1 The Weld County Department of Planning Services shall be responsible for
processing all applications for Change of Zone in the unincorporated areas of the
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.
21.4.2 Upon determination that the application submittal is complete, the Department of
Planning Services shall:
21.4.2.1 Set a Planning Commission hearing date not less than thirty (30) 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 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 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 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
1111031 1111 III 11111111 MIME III 11111 IIII IIII 992063
2718054 09/02/1999 11:24A Weld County CO ORD89-JJ
37 of 219 R 0.00 D 0.00 JA 5uk1 Tsukamoto
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 hearing process even if
such error results in the failure of a surrounding property owner to receive such
notification.
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 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 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.
21.4.2.5 Post a sign for the applicant on the property under consideration for a rezoning.
The sign shall be posted adjacent to and visible from a publicly maintained road
right-of-way. In the event the property under consideration is not adjacent to a
publicly maintained road right-of-way, one sign shall be posted in the most
prominent place on the property and a second sign posted at the point at which the
driveway (access drive) intersects a publicly maintained road right-of-way. The
sign shall be posted at least ten (10) days prior to the hearing, and include the
following information.
21.4.2.5.1 Rezoning request number.
21.4.2.5.2 Date, place and time of public hearing.
21.4.2.5.3 Location and phone number of the public office where additional information may
be obtained.
21.4.2.5.4 Applicants name.
21.4.2.5.5 Size of the parcel of land.
21.4.2.5.6 Type of rezoning request.
21.4.2.6 Refer the application to the following agencies, 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 information 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 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 request 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
111111111111 11111 ��� 11111111IIII1111111 ��� 11111 ���� ���� 992063
2718054 09/02/1999 11:24A Weld County CO ORD89-JJ
38 of 219 R 0.00 D 0.00 JA Suitt Tsukamoto
the parcel in its MASTER PLAN area.
21.4.2.6.3 Weld County Department of Public Health and Environment Services.
21.4.2.6.4 Weld County Department of Public Works 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 Colorado Department of Public Health and
Environment..
21.4.2.6.6 Colorado Geological Survey.
21.4.2.6.7 Colorado Historical Society.
21.4.2.6.8 Colorado Department of Transportation.
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
consideration.
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 COUNTY COMPREHENSIVE
PLAN, 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.
21.4.3 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 mar. ;hall be available for public
inspection with the Department of Planning Services.
21.4.4 Submit to the Weld County Clerk and Recorder the rezoning plat as required in
Section 21.7.3 for recording.
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 Special Review,Overlay Districts,or subdivisions.
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 only
if it finds that the applicant has met the standards or conditions of Section 21.5.1
11111111111111111 III 1111111111111 IIII IIII 992063
27180M 09/02/1999 11:248 Weld County CO ORD89-JJ
ee _e lie R 0.00 D 0.00 JA Suki Teukamoto
and 21.7. The applicant has the burden of proof to show that the standards and
conditions of Sections 21.5.1 and 21.7 are met. The applicant shall demonstrate:
21.5.1.1 That the proposal is consistent with the 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 future, 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 rezoning until the improvements are made by the
appropriate 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 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.
21.5.1.5 That, in those instances where the following characteristics are applicable to the
rezoning request, the applicant has demonstrated compliance 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 the COUNTY, that the applicant has demonstrated
compliance with the 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 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.
21.5.1.5.3 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 contained 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 publication 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 Department of
1111111 1111 11111 III 1111111 IIII 1111111 III 11111 IIII IIII 992063
2718054 09/02/1999 11:248 Wald County CO 4 ORD89-JJ
40 of 219 R 0.00 D 0.00 JR Suitt Taukamoto
Planning Services.
21.6 Duties of the Office of the Board of County Commissioners
21.6.1 The Board of County Commissioners shall:
21.6.1.1 Set a Board of County Commissioners' public hearing to take place not less than
fifteen(15)days and not more than forty-five(45)days after receipt of the Planning
Commission recommendation, or upon request of the applicant, 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 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 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 fourteen(14)
days prior to the hearing.
21.6.1.3 Arrange for the Department of Planning Services 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 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 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 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.
21.6.2 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
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 only if it finds that the applicant has met the standards or
conditions of Sections 21.6.2 and 21.7,Application Requirements-Change of Zone.
The applicant has the burden of proof to show that the standards and conditions
of Sections 21.6.2 and 21.7, Application Requirements-Change of Zone, are met.
The applicant shall demonstrate:
21.6.2.1 That the proposal is consistent with the policies of the COUNTY
HBO 11111111111I�� 992063
2718054 09/02/1999 11:24P Weld County CO ORD89-JJ
41 of 219 R 0.00 D 0.00 JR Suki Taukamoto
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 DEVELOPMENT 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 future, in conformance with the Weld County Thoroughfare Plan or in
conformance with the MASTER PLAN of affected municipalities,the applicant may
either wait to secure the rezoning until the improvements are made by the
appropriate unit of government or the applicant may express a willingness to
upgrade the STREET or highway facilities at his own expense 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 the COUNTY to
ensure construction of the required STREET or highway facility improvements. No
rezoning shall be finally approved by the Board until the applicant has submitted
an Improvements Agreement or Contract approved by the Board which sets forth
the form of improvements guarantees. Any such Agreement or Contract shall be
made in conformance with the COUNTY Policy on Collateral for 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 the COUNTY, that the applicant has demonstrated
compliance with the 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 Statutes 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.
21.6.4 The Board shall arrange for the Weld County Clerk and Recorder to record the
resolution and, if the proposed Change of Zone is approved, the Department of
Planning Services shall record the rezoning plat.
1111111 IIIII 111111 III IIIIIII IIII 1111111 III 111111 III HI 992063
2718054 09/02/1999 11:24A Weld County CO ORD89-JJ
42 of 219 R 0.00 D 0.00 JA Suit! Tsukamoto
21.6.5 The Board shall adopt, by Resolution, every five(5)years, an updated copy of the
Official Weld County Zoning Map which includes the rezonings approved since the
last 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 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 consideration as determined from a certified
boundary survey(at the option of the applicant, the certified boundary survey may
be submitted subsequent to the Planning Commission hearing but prior to final
approval of the Board if the Director of Planning Services approves a general legal
description which sufficiently describes the site).
21.7.1.4 Total acreage of the parcel under consideration.
21.7.1.5 Address of the parcel, if available.
21.7.1.6 Present zone and overlay zones, if appropriate.
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 a title or abstract company or attorney,
derived from such records, or from the records of the Weld County Clerk and
Re.order. 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.
21.7.1.10 An affidavit listing the names and addresses of all mineral owners and lessees of
mineral owners on or under the parcel of land being considered. The list shall be
prepared from the real property records of the Weld County Clerk and Recorder,
and shall be current as of a date no more than thirty(30)days prior to the date the
application is submitted to the Weld County Department of Planning Services.
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, the COUNTY
COMPREHENSIVE PLAN,and is consistent with any other applicable Weld County
Ordinance in effect.
21.7.2 A vicinity and land USE map of the area shall be submitted as part of the General
Application. These maps shall be drawn to the following specifications:
1111111 11111 TE III 111111111111 1111111 III 111111 III D 992063
2718054 09/02/1999 11:24R Wald County CO -7 ORD89-JJ
43 of 219 R 0.00 D 0.00 JR Suitt Tsukamoto
21.7.2.1 The maps shall be delineated on reproducible material approved by the
Department of Planning 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 inch equals one hundred 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 proposed for the Change of Zone.
21.7.2.3.2 Title, scale, and north arrow.
21.7.2.3.3 Ditches on or within two hundred (200)feet of the property.
21.7.2.3.4 Location of rivers and other drainage 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 fifty (50) feet of the parcel.
21.7.2.3.6 Location of all existing utilities(electricity, gas, water, and sewer)on the parcel as
well as within fifty(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 required 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 Comprehensive Plan.
21.7.3 A rezoning plat shall be submitted as part of the General Application. If the
applicant elects the option provided in Section 21.7.1.3 above,the rezoning plat will
not be required until the certified boundary survey has been made. 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 acceptable
to the Department of Planning Services.
21.7.3.2 The dimensions of the map shall be eight and one-half (8%) 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 distances outside the perimeter boundary lines. The closure error of the
survey may not exceed one to five thousand (1:5,000) .
AIM 11111111111 1111111 III 111111 III IIII 992063
2718054 09/02/1999 11:24A Wald County CO ORD89-JJ
44 of 219 R 0.00 D 0.00 JA Suki Tsukamoto
21.7.3.3.2 Legal description, including total area involved, 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.
21.7.3.5 Adequate space shall be provided on the rezoning 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 application 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
COUNTY COMPREHENSIVE PLAN, and any other applicable Weld County
Ordinance in effect.
21.7.4.4 A statement that demonstrates how the proposed rezoning will correct what the
applicant perceives as faulty zoning, or that demonstrates how the proposed
rezoning will fit with what the applicant perceives as the changing conditions in the
area.
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 utilities which indicate that they are able
to provide service for the site. If PUBLIC utilities are not to be used, the applicant
shall submit information which documents the availability 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 district.
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 construction of STRUCTURES or facilities on the site, the
applicant shall submit information which demonstrates that the limitations can be
overcome.
111111111111111111 992063
2718054 09/02/1999 11:24A Weld County CO ORD89-JJ
45 of 219 R 0.00 D 0.0x0 JA Sukl Taukamoto
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 information 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. This shall be shown by an Improvements Agreement or Contract
guaranteeing installation of improvements by the applicant made in conformance
with the Weld County Policy on Collateral for Improvements.
21.7.4.9 If,according to maps and other information available to the COUNTY 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 resource(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.
21.7.4.10 If the proposed Change of Zone is located within and Overlay District identified by
maps officially adopted by the COUNTY, the applicant shall submit information
which either documents how the COUNTY regulations concerning Overlay Districts
have been satisfied or documents how the applicant intends to meet the
requirements of the COUNTY regulations concerning Overlay Districts.
21.7.4.11 Applications for a Change of Zone located in the Mixed Use Development area
shall adhere to any and all applicable regulations in Ordinance 187,Ordinance 195,
Ordinance 201,Ordinance 202,and any other applicable Weld County Ordinances
as amended.
21.7.4.12 Post a sign for the applicant on the property under consideration for a rezoning.
The sign shall be posted adjacent to a visible from a publicly maintained road right-
of-way. In the event the property under consideration is not adjacent to a publicly
maintained road right-of-way,one sign shall be posted in the most prominent place
on the property and a second sign posted at which the driveway (access drive)
intersects a publicly maintained road right-of-way. The sign shall be posted at least
ten (10) days prior to the hearing, and include the following information:
21.7.4.12.1 Change of Zone Number.
21.7.4.12.2 Date, time, and place of Public Hearing.
21.7.4.12.3 Location and telephone number of the public office where additional information
may be obtained.
21.7.4.12.4 Applicant's name.
21.7.4.12.5 Size of parcel of land.
21.7.4.12.6 Type of request.
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.
1111111 11111 11111 111111111 BUM MIN MINI 992063
2718054 09/02/1999 11:24A Weld County CO 0 ORD89-JJ
as at 210 R 0.00 0 0.00 JA Suki Tsukamoto
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 considered by the Board of County Commissioners. Such amendments 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 amendments 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 publication of notices. The
date of publication shall be at least ten (10) days prior to the hearing.
22.2.1.4 Upon the approval of all proposed text amendments, 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 Planning 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 Planning 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 COUNTY COMPREHENSIVE PLAN and any
other applicable Weld County Ordinance in effect.
22.3.2.3 That the proposed amendment will be consistent with the overall intent of the
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 Services case file, to the Board of County
Commissioners.
Inn 111111 III MIEN 1111111111111111 992063
2718054 09/02/1999 11:24 Wield County CO 11 ORD89-JJ
47 of 219 R 0.00 D 0.00 JR Sukl Tsukamoto
22.4 Duties of the Board of County Commissioners
22.4.1 The Board of County Commissioners shall:
22.4.1.1 Seta 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 publication of notices. The
date of publication shall be at least fourteen (14) days prior to the hearing.
22.4.2 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 i,:;;ludes 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 COUNTY COMPREHENSIVE PLAN and
any other applicable Weld County Ordinance in effect.
22.4.3.4 Find that the proposed amendment is consistent with the overall intent of the
COUNTY Zoning Ordinance.
22.4.3.5 At the close of the public hearing the Board of County Commissioners may amend
the Ordinance. The Ordinance shall be amended according to the procedures
established in Article III, Section 3-14 of the Weld County Home Rule Charter .
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 and Applicability
23.1.1 The intent of the Site Plan Review procedure is to provide present and future
residents and users of land in the COUNTY a means whereby orderly and
harmonious DEVELOPMENT is ensured in the COUNTY. Site Plan Reviews
require additional consideration to ensure that the USES permitted are established
and operated in a manner that is compatible with existing and planned land USES
in the NEIGHBORHOOD. The regulation of Site Plan Reviews is designed to
protect and promote the health, safety, convenience, and general welfare of the
present and future residents of the COUNTY.
23.1.2 A Site Plan Review is required for USES in the following Zone Districts: Residential
R-2, R-3 and R-4 Districts except for those uses containing a SINGLE FAMILY
DWELLING UNIT or duplex units where the two units are not held in separate
ownership, all COMMERCIAL Districts, all Industrial Districts, and in any PUD
Districts where a USE would require a Site Plan Review in an R-4,COMMERCIAL,
or Industrial Zone District.
23.1.3 No land. BUILDING. building, or STRUCTURE shall be USED, changed in use or
111111111111111111 III 1111111 IIII 1111111 III 111111 III IIII 992063
2718054 09/02/1999 11:24A Weld County CO ORD89-JJ
48 of 219 R 0.00 D 0.00 JA Suit! Tsukamoto
type of occupancy, DEVELOPED, erected, constructed, reconstructed, moved or
structurally altered or operated in any zone district that requires a Site Plan Review
until a Site Plan Review has been approved by the Department of Planning
Services.
23.1.4 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 Review
until a Site Plan Review has been submitted, approved, and recorded by the
Department of Planning Services.
23.1.5 No Site Plan Review shall be required for:
23.1.5.1 Normal repairs and maintenance of an existing building or structure.
23.1.5.2 Alterations which do not affect more than twenty-five (25) percent of 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 STRICTURE.
23.1.5.3 Signs, fencing, oil and gas production facilities in the 1-3 (Industrial) zone district,
temporary structures used for the sale of fireworks, or the TEMPORARY sale of
Christmas trees.
23.1.6 A BUILDING or STRUCTURE which was in place prior to the effective date of
Ordinance No. 89FF on June 11, 1996,can have its external dimensions enlarged
up to twenty percent(20%) 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.
23.1.7 The Director of Planning Services may waive the Site Plan Review requirement for
COMMERCIAL and industrial USES in a Planned Unit Development(PUD) upon
determination that sufficient detailed information was submitted and reviewed in the
Final PUD Plan.
23.1.8 Any person filing an application for a Site Plan Review shall comply with the county
procedures and regulations as set forth herein.
23.1.9 Any person filing an application for a Site Plan Review shall comply with the
COUNTY Zoning Ordinance, Section 50, Overlay District Requirements if the
proposal is located within any Overlay District Area identified by maps officially
adopted by the COUNTY.
23.1.10 Applications for a Site Plan Review shall be completed as set forth in Section 23.2,
Application Requirements for a Site Plan Review. The completed application and
application fees shall be submitted to the Department of Planning Services.
23.1.11 Applications for a Site Plan Review located in the Mixed Use Development area
shall adhere to any and all applicable regulations in Ordinance 191,Ordinance 187,
Ordinance 195, Ordinance 201 and Ordinance 202, and any other Weld County
Ordinance, as amended, in effect.
23.1.12 Any approved Site Plan Review shall be limited to the items shown on the Site Plan
Review map. Major changes from the approved Site Plan Review map shall
require the approval of an amendment of the Site Plan Review map by the
Department of Planning Services. The Department of Planning Services is
responsible for determining whether a major change exists. Any changes shall be
AIM 11111 11111 III1111111 IIII1111111III 111111III liii 992063
2718054 09/02/1999 11:24A Weld County CO ORD89-JJ
AO of 210 R 0.00 D 0.00 JA Sukl Tsukamoto
filed in the Department of Planning Services with the Site Plan Review file.
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 site plan review application form provided by the Department of Planning
Services.
23.2.1.2 A copy of a deed or legal instrument identifying the applicant's interest in the
property under consideration.
23.2.1.3 A party wall agreement and legal description for duplex or triplex USES where units
are held in separate ownership.
23.2.1.4 A condo declaration and legal description for the condo, if applicable.
23.2.1.5 A detailed description of the proposed USE.
23.2.1.6 The applicant shall submit evidence that the USE in the zone district shall have an
adequate source of potable water and meet the requirements of the zone district.
23.2.1.7 The applicant shall submit evidence that the USE in the zone district shall have
adequate sewage disposal facilities and meet the requirements of the zone district.
If there is an existing septic system located on the site, the applicant shall include
in the application a copy of the septic permit. This information can be obtained
from the Weld County Department of Public Health and Environment.
23.2.1.8 A completed Weld County Road Access Information Sheet provided by the
Department of Planning Services.
23.2.1.9 The number of employees associated with the USE.
23.2.1.10 A statement indicating that the proposed USE meets the required SETBACK and
OFFSET requirements of the zone district.
23.2.1.11 A generalized sketch of BUILDING elevations depicting the style, size and exterior
construction materials of the BUILDINGS proposed in sufficient detail to exhibit the
relative compatibility of the proposed site with the character of the surrounding land
USES.
23.2.1.12 A plan describing any proposed signage,drawn to an appropriate scale which shall
include specifications of the proposed sign and sign structure along with the
method of construction and attachment to the BUILDING or ground. The position
and distance of the sign(s) in relation to property lines and BUILDINGS and
STRUCTURES on the property shall be shown on the Site Plan Review map. All
proposed sign(s) shall apply for and receive a building permit.
23.2.1.13 Statements describing that the LANDSCAPE requirements listed below have been
met:
23.2.1.13.1 The lot shall adhere to the Maximum Lot Coverage requirements of the zone district
in which it is located in, as shown in the Bulk Requirements in the Weld County
HMI 11111 111111 III 1111111 IIII 1111111 III 111111 III IIII 992063
2718054 09/02/1999 11:248 Weld County CO 4 ORD89-JJ
50 of 219 R 0.00 0 0.00 JR Sukl Tsukamoto
Zoning Ordinance, the Mixed Use Development Plan, or the Planned Unit
Development Ordinance, if applicable. Land shall not be deemed covered if it is
used for growing grass, shrubs, trees, plants or flowers or if 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 LOT is governed by a more restrictive LANDSCAPE SETBACK contained in
an overlay district, the Mixed Use Development Plan or any other applicable Weld
County Ordinance, as amended. The LANDSCAPE SETBACK is measured at a
right angle from the existing or planned future right-of-way to any PARKING LOT,
fencing, storage area, or STRUCTURE. Sidewalks and driveways may pass
through the required LANDSCAPE SETBACK. .
23.2.1.13.3 LANDSCAPING techniques shall be utilized in design of PARKING LOTS to aid in
buffering PARKING LOTS I from roadways.
23.2.1.13.4 The applicant shall submit to the Department of Planning Services a detailed
LANDSCAPING plan delineating the existing and proposed trees, shrubs, ground
covers, natural features such as rock outcroppings, and other LANDSCAPING
elements. The plan shall show where LANDSCAPING exists or will be located
along with planting and construction details, species name and size. Where
existing plantings are to be retained, the applicant shall 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 Planning Services a maintenance
plan for the proposed LANDSCAPING on the site.
23.2.1.14 A statement accompanied by evidence explaining how the storm water runoff will
be handled. If physical changes to the site are proposed (grading, paving,
increased roof areas, etc.)then evidence, maps, and calculations explaining how
storm water retention facilities are designed to retain the storm water runoff in
excess of the historic flow from the undeveloped site shall be designed for a one
hundred (100)year storm and release retained water at a rate not to exceed a five
(5) year storm falling on the undeveloped site.
23.2.1.15 A statement explaining that the proposed USE, BUILDING or STRUCTURE meets
the Off-Street Parking Requirements listed in Section 41, Offstreet Parking
Loading Requirements of this Ordinance or a more restrictive ordinance. Sufficient
SCREENED, off-street, paved parking areas shall be provided in all districts.
23.2.1.16 A statement explaining that the loading/service areas in all districts shall be located,
designed, and constructed in a manner that is in conformance with the standards
below:
23.2.1.16.1 Sufficient space shall be provided in loading/service 'reas to accommodate the
vehicles being loaded or unloaded without encroachment upon NEIGHBORING
property or rights-of-way. Loading/service areas shall be paved.
23.2.1.16.2 Loading areas located within the I-1 (Industrial) District and 1-2(Industrial) Districts
shall be designed to comply with the appropriate USE regulations under either
Section 34.2 or Section 34.3 of this Ordinance.
23.2.1.17 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 Transportation Plan
and/or the MASTER PLAN of the affected municipality.
111111 11111 111111 III 11111111 N 1111111 III HIM III IIII 992063
2718084 09/02/1999 11:24A Wald County CO ORD89-JJ
51 of 219 R 0.00 D 0.00 JP Suk! Taukamoto
23.2.1.18 A statement explaining that new accesses to public rights-of-way shall be
constructed using the minimum standards below. Designs exceeding these
minimums may be required by the Weld County Department of Public Works
depending upon the number and type of vehicles generated by the USE proposed.
23.2.1.18.1 Size of drainage structure-fifteen (15) inches minimum in diameter.
23.2.1.18.2 Length of drainage structure-twenty (20)foot minimum.
23.2.1.18.3 Depth of cover over pipe-twelve (12) inches.
23.2.1.18.4 Width of access -ten - fifteen (10 - 15) feet for a one-way single access, twenty-
four(24)foot minimum for two-way traffic.
23.2.1.18.5 Maximum grade of access -fifteen (15) percent.
23.2.1.18.6 Flare radius-twenty(20)foot minimum in a residential zone district, forty(40)foot
minimum in commercial and industrial zone districts.
23.2.1.18.7 Depth of surfacing-per engineered design and subject to approval by Weld County
Department of Public Works .
23.2.1.19 A statement explaining how acceleration/deceleration lanes,when required by the
Weld County Department of Public Works or the Colorado Department of
Transportation, will provide safe, efficient access to ARTERIAL or COLLECTOR
STREETS.
23.2.1.20 A statement explaining that the trash collection areas or facilities are located,
designed, and USED in a manner that shall meet the requirements of the zone
district.
23.2.1.21 A statement explaining that the USE conforms to Ord'.lance 191, Ordinance 187,
Ordinance 195, Ordinance 201, Ordinance 202, and any applicable Weld County
Ordinance which calls for a Site Plan Review, 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 shall conform to the
standards listed below:
23.2.1.21.1 Noise. USES and STRUCTURES in the COMMERCIAL and Industrial Districts
shall be located, designed, and operated in accordance with the noise standards
as established in Section 25-12-101 C.R.S.
23.2.1.21.2 Air Quality. USES in the COMMERCIAL and Industrial Districts shall be located,
designed,and operated in accordance with the air quality standards established by
the Colorado Air Pollution Control Commission.
23.2.1.21.3 Water Quality. USES in the COMMERCIAL and Industrial Districts shall be located,
designed, and operated in accordance with the standards established by the
Colorado Water Quality Control Commission.
23.2.1.21.4 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.
23.2.1.21.5 Heat. USES located within the COMMERCIAL and 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.
1 IIIN 11111111111 III 11111111 M 1111111 III 111111 111111 992063
2718054 09/02/1999 11:24A Weld County CO ORD89-JJ
52 of 219 R 0.00 D 0.00 JA Suki Tsukamoto
23.2.1.21.6 Glare. Any lighting USED to illuminate an off-STREET PARKING AREA, outside
storage area, outside activity area, sign or other structure shall be arranged as to
deflect light away from any 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 or
reflected light from any light source may create a traffic hazard to operators of
motor vehicles on PUBLIC or private STREETS;and no colored lights may be used
which may be confused with or construed as traffic control devices.
23.2.1.21.7 Property Maintenance. All property 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.
23.2.1.21.8 Any off-site improvements agreement shall be made in conformance with the Weld
County Policy on Collateral for Improvements.
23.2.1.22 SITE PLAN REVIEW MAP. The site plan map shall show and comply with the
following requirements:
23.2.1.22.1 The size of the map shall be twenty-four(24) inches by thirty-six (36) inches.
23.2.1.22.2 The scale shall be one inch equals two-hundred(200)feet or another suitable scale
if approved by the Department of Planning Services.
23.2.1.22.3 Legal description of the parcel.
23.2.1.22.4 North arrow.
23.2.1.22.5 Outline of the perimeter of the LOT.
23.2.1.22.6 A vicinity map at a suitable scale. The map shall locate the site with respect to
adjacent roads and other major land features.
23.2.1.22.7 The location and name of any water features or irrigation ditches within the
perimeter of the LOT.
23.2.1.22.8 The location and names of all roads and highways abutting the LOT.
23.2.1.22.9 The location and name of any water features or ir.igation ditches within the
perimeter of the LOT.
23.2.1.22.10 All existing and proposed STRUCTURES and their dimensions.
23.2.1.22.11 The location, dimensions and design of any existing and proposed sign(s) on the
site.
23.2.1.22.12 All utility easements or rights-of-way for telephone, gas, electric,water, and sewer
lines.
23.2.1.22.13 The location and dimensions of vehicular drives,entrances,exits,acceleration and
deceleration lanes, location and dimensions of pedestrians entrances,exits,walks
and walkways.
23.2.1.22.14 General location, arrangement and dimensions of parking spaces, width of aisles,
width of bays, angle of parking and other similar information.
11111111111111111 III 11111111111 1111111 III 1111111111111 992063
2718054 09/02/1999 11:24A Wald County CO ORD89-JJ
53 of 219 R 0.00 D 0.00 JA Suki Taukamoto
23.2.1.22.15 Any other information deemed necessary by the Department of Planning Services.
23.2.1.23 SITE PLAN REVIEW PLAT: A Site Plan Review Plat shall be prepared after a Site
Plan Review application is approved. The plat shall be submitted to the
Department of Planning Services and be ready for recording at the Weld County
Clerk and Recorder's Office within thirty(30)days of approval. The plat shall meet
the following requirements:
23.2.1.23.1 The plat shall be delineated in non-fading permanent black ink on a dimensionally
stable polyester sheet such as cronar or Mylar or other product of equal quality,
three millimeters or greater in thickness. The size of each shall be twenty-four
inches (24") in height by thirty-six (36") in width. The mixing or sheet sizes is
prohibited. No plat submitted shall contain any form of stick-on-type material such
as, but not limited to "sticky-back", adhesive film, or kroy lettering tape. The
drawing shall be at sufficient scale to show all necessary detail.
23.2.1.23.2 A photo Mylar copy of the original ink drawing may be submitted. The material
shall be at least three (3) mils or greater in thickness.
23.2.1.23.3 The plat submitted will contain the original signatures and seals of all parties
required to sign the plat. If a photo Mylar copy is submitted, the original signatures
and seals shall be contained thereon.
23.2.1.23.4 The plat shall be titled, "Site Plan Review No. ". The Department of
Planning Services shall fill in the appropriate number.
23.2.1.23.5 The plat shall include all of the items approved in the Site Plan 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, certify that the uses, buildings, and structures located on this
Site Plan Review are designed and will be constructed and operated in accordance
with the applicable DEVELOPMENT standards and district requirements for the
Zone District as stated in the Weld County Zoning Ordinance and
in accordance with any conditions imposed by the Board of County Commissioners
at the time the property was zoned or rezoned. I understand my failure to comply
with the DEVELOPMENT standards and/or any conditions could result in the county
initiating a compliance action against me.
Signature of Property Owner
The foregoing instrument was subscribed and sworn to be before me this
day of , by
WITNESS my hand and official seal.
My Commission expires:
Notary Public
23.2.1.23.6.2 Department of Planning Services'Administrative Review Certificate :
This plat is accepted and approved for filing.
1111111 11111 111111 III 1111111 IIII 1111111 III 1111111111111 992063
2718054 09/02/1999 11:24R Wald County CO 8 ORD89-JJ
54 of 219 R 0.00 D 0.00 JR Suki Tsukamoto
Department of Planning Services Director
The foregoing certificate was acknowledged before me this _ day of
, A.D.,
WITNESS my hand and official seal.
My Commission expires:
Notary Public
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 district. 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 the 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 Commission. 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, Special Review Permit for Major Facilities of a Public Utility or Public
Agency. 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 fora Special
Review Permit for said DEVELOPMENT or USE, the Planning Commission's
disapproval may be 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 majority 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 herein. 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 performed upon STRUCTURES
associated with a Use by Special Review so long as such repairs and maintenance
1111111 11111 111111 III 1111111 M 1111111 III 1111111111111 992063
2718054 09/02/1999 11:244 Weld County CO 19 ORD89-JJ
55 of 219 R 0.00 D 0.00 SA Sukl Taukamoto
do not have the effect of expanding or enlarging the USE.
24.1.5 If the use by Special Review has not commenced from the date of approval or is
discontinued for a period of three (3) consecutive years it shall be presumed
inactive. The COUNTY shall initiate an administrative hearing to consider whether
to grant an extension of time to commence the use or revoke the Use by Special
Review. If the Use by Special Review is revoked, it shall be necessary to follow the
procedures and requirements of this Section in order to re-establish any 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 application 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 Services shall be responsible for
processing all applications for Special Review Permits in the unincorporated areas
of the 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 submittal 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.
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
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.
24.2.2.3 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 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 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 failur- of a surrounding property
owner to receive such notification.
24.2.2.4 Post a sign for the applicant on the property under consideration for a Use by
Special Review permit. The sign shall be posted adjacent to and visible from a
publicly maintained road right-of-way. In the event the property under consideration
is not adjacent to a publicly maintained road right-of-way, one sign shall be posted
in the most prominent place on the property and a second sign posted at the point
at which the driveway(access drive)intersects a publicly maintained road right-of-
way. The sign shall be posted at least ten (10) days prior to the hearing, and
include the following information.
1110 11111 111111 III 1111111 III' 1111111 III 1111111 111111 992063
2718054 09/02/1999 11:24A Weld County CO ORD89-JJ
56 of 219 R 0.00 D 0.00 JA Sukl Tsukamoto
24.2.2.4.1 Special Review Permit number.
24.2.2.4.2 Date, place and time of Public Hearing.
24.2.2.4.3 Location and phone number of the public office where additional information may
be obtained.
24.2.2.4.4 Applicant's name.
24.2.2.4.5 Size of parcel of land.
24.2.2.4.6 Type of request.
24.2.2.5 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 agencies, 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 the COUNTY
are intended to provide the COUNTY with information 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 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 request for a Special
Review Permit rests with the Officials of the 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 Public Health and Environment.
24.2.2.6.4 Weld County Department of Public Works 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.
24.2.2.6.6 Colorado Department of Public Health and Environment.
24.2.2.6.7 Colorado Geological Survey.
24.2.2.6.8 Colorado Historical Society.
24.2.2.6.9 Colorado Department of Transportation.
24.2.2.6.10 Colorado State Division of Wildlife.
AIM 11111111111 ��� 1111111 ���� 1111111 ��� 1111111 �� 1111 992063
2718054 09/02/1999 11:248 Weld County CO I ORD89-JJ
57 of 219 R 0.00 D 0.00 JA Suit! Tsukamoto
24.2.2.6.11 Colorado State Engineer, Division of Water Resources.
24.2.2.6.12 Colorado State Oil and Gas Conservation Commission.
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
consideration.
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 and any other applicable Weld County Ordinance in
effect, 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.
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
the COUNTY'S provisions for Overlay Districts Regulations,Section 50 of the Weld
County Zoning Ordinance. The Planning Commission shall provide
recommendations to the Board of County Commissioners concerning the
disposition of the requested Special Review Permit. The Planning Commission
shall approve the request for the Special Review Permit only if it finds that the
applicant has met the standards or conditions of Sections 24.3.1, 24.5 and 24.6.
Th = 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
and any other applicable Weld County Ordinance in effect.
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.
111111 VIII 111111 Ill VI'I'I I'll 1111111 III 1"II" lI IIII 992063
2718054 09/02/1999 11:24A Weld County CO ORD89-JJ
58 of 219 R 0.00 D 0.00 JA Sukl Tsukamoto
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 Reaulations if the proposal is locatea within the Overlay District
Areas identified by maps officially adopted by the COUNTY.
24.3.1.6 That if the USE is proposed to be located in the A (Agricultural) District, that the
applicant has demonstrated a diligent effort has been made to conserve PRIME
FARM LAND in the locational decision for the proposed USE.
24.3.1.7 That there is adequate provision for the protection of the health,safety and welfare
of the inhabitants of the NEIGHBORHOOD and the COUNTY .
24.3.2 The Secretary of the Planning Commission shall forward the official
recommendation of the Planning Commission and the information contained 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.
24.3.3 If the Planning Commission recommendation is conditional upon the applicant
completing certain specified items prior to the publication 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 Department of
Planning Services.
24.4 Duties of the Board of County Commissioners
24.4.1 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 Commission recommendation, or
upon request of the applicant, 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 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. 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. 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 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.
24.4.1.4 Give notice of the application for a Special Use Permit and the public hearing date
HBO 11111 11111 III 11111111 IIII 1111111 III 1111111 II 1111 992063
2718054 09/02/1999 11:24A Weld County CO ORD89-JJ
59 of 219 R 0.00 D 0.00 JA Sukl Tsukamoto
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.
24.4.1.5 Arrange for the Department of Planning Services 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
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 Special Review Permit only if it finds that the applicant has met the
standards or conditions of Sections 24.4.2, 24.5 and 24.6. The applicant has the
burden of proof to show that the standards and conditions of 24.4.2, 24.5 and 24.6
are met. The applicant shall demonstrate:
24 4.2.1 That the proposal is consistent with the COUNTY COMPREHENSIVE PLAN and
any other applicable Weld County Ordinance in effect.
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 and any other applicable Weld County Ordinance in effect, or the
adopted MASTER PLANS of affected municipalities.
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 (Agricultural) District, that the
applicant has demonstrated a diligent effort has been made to conserve PRIME
FARM 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 Where reasonable methods or techniques are available to mitigate any negative
impacts which could be generated by the proposed USE upon the surrounding
area, the Board of County Commissioners may condition the decision to approve
the Special Review Permit upon implementation of such methods or techniques
and may require sufficient performance guarantees to be posted with the COUNTY
to guarantee such implementation.
1111111 11111 11111 III 1111111 IIII 1111111 III 1111111111111 992063
2718054 09/02/1999 111:248 Weld County CO ORD89-JJ
60 of 219 R 0.00 D 0.00 JR Suitt Tsukamoto
24.4.4 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
24.4.5 If the Special Review Permit is approved, the Board shall arrange for the
Department of Planning Services to record the Special Review Permit Plan map
with the Weld County Clerk and Recorder.
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.
24.5.1.2 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 available on the site for the STRUCTURES
and facilities 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 developed site from a one hundred(100)
year storm or as otherwise required by the Weld County Department of Public
Works . In the case of a LIVESTOCK CONFINEMENT OPERATION (L.C.O.),
wastewater collection, conveyance and retention facilities shall be designed and
constructed in accordance with the Confined Animal Feeding Operation Control
Regulations (5 CCR-1002-19).
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,
slew 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:
1111111 11111 111111 EMI II 1111111 III 1111111 111111
2718054 09/02/1999 11:248 Weld County CO 992063
61 of 219 R 0.00 D 0.00 JA Sukl Tsukamoto ORD89-JJ
Size of drainage structure twelve inch (12") diameter
Length of drainage structure twenty feet(20')
Depth of cover over pipe twelve feet(12") 12"
Width of access fifteen feet(15')
Maximum grade of access fifteen percent (15%)
Flare radius twenty feet(20')
Depth of surfacing four inch (4")
Standards exceeding these minimums may be required depending on the type and
volume of vehicles generated by the type of USE proposed.
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 surrounding 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(Agricultural) District shall be located on the least
prime soils on the property in question unless the applicant can demonstrate why
such a location would be impractical or infeasible.
24.5.2 If the Special Review Permit for a MAJOR FACILITY OF A PUBLIC UTILITY OR
PUBLIC AGENCY is approved, the Planning Commission shall arrange for the
Department of Planning Services to record the appropriate Facilities Plan, Utility
Line, or Selected Route Map with the Weld County Clerk and Recorder.
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 construction 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
Section 25-12-101 C.R.S. 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:
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 properties where such would cause a nuisance or interfere with
the USE on the ADJACENT properties, 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 and 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
11111111111111111 992063
2718054 09/02/1999 11124A Wald County CO ORD89-JJ
82 of 219 R 0.00 D 0.00 JA Suki Tsukamoto
permitted to grow taller than twelve (12) inches. In „o 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 except for those items determined by the
Director of Planning Services, in writing, or the Board of County Commissioners,
on the record, to be unnecessary to a decision on the application:
24.7.1.1 A statement which explains that the proposal is consistent with the COUNTY
COMPREHENSIVE PLAN and any other applicable Weld County Ordinance in
effect.
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
COMPREHENSIVE PLAN of the COUNTY and any other applicable Weld County
Ordinance in effect, or the adopted MASTER PLANS of affected municipalities.
24.7.1.5 A statement which explains 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 the
COUNTY.
24.7.1.6 A statement which explains that if the USE is proposed to be located in the A
(Agricultural)District,that the applicant has demonstrated a diligent effort has been
made to conserve prime agricultural land in the locational decision for the proposed
USE.
24.7.1.7 A statement which explains that there is adequate 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 propert; proposed for the Use by
Special Review if different from above.
24.7.2.3 Legal description of the property under consideration.
24.7.2.4 Total acreage of the parcel under consideration.
24.7.2.5 Existing land USE of the parcel under consideration.
24.7.2.6 Existing land USES of all properties ADJACENT to said parcel.
1111111 11111 "In 11111131 1111111 III IIII11111 IIII 992063
2718054 09/02/1999 11:248 Weld County CO 7 ORD89-JJ
63 of 219 R 0.00 D 0.00 JA Suki Tsukamoto
24.7.2.7 Present zone and overlay zones, if appropriate.
24.7.2.8 Signatures of the applicant and fee owners or their authorized legal agent.
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 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.
24.7.2.10 An affidavit listing the names and addresses of all mineral owners and lessees of
mineral owners on or under the parcel of land being considered. The list shall be
prepared from the real property records of the Weld County Clerk and Recorder,
and shall be current as of a date no more than thirty(30)days prior to the date the
application is submitted to the Weld County Department of Planning Services.
24.7.2.11 Post a sign for the applicant on the property under consideration for a Use by
Special Review permit. The sign shall be posted adjacent to and visible from a
publicly maintained road right-of-way. In the event the property under consideration
is not adjacent to a publicly maintained road right-of-way, one sign shall be posted
in the most prominent place on the property and a second sign posted at the point
at which the driveway(access drive)intersects a publicly maintained road right-of-
way. The sign shall be posted at least ten (10) days prior to the hearing.
24.7.3 A detailed description of the proposed operation 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 accommodate at any one time.
24.7.3.5 Types and maximum numbers of animals to be concentrated on the site at any one
time.
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 STRUCTURES to be erected.
24.7.3.8 Type, size,weight,and frequency of vehicular traffic and access routes that will be
utilized.
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 disposal of debris, JUNK, and other
wastes associated with the proposed USE.
HUM 11111 11111 III 11111 I IIII 1111111 III 1111111111111 992063
2718054 09/02/1999 11:24A Wald County CO ORD89-JJ
64 of 219 R 0.00 D 0.00 JA Suitt Tsukamoto
24.7.3.12 A time table showing the periods of time required for the construction of the
operation.
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 activity.
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 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 Planning Services.
24.7.4.2 The dimensions of the map shall be thirty-six(36) inches wide by twenty-four(24)
inches high.
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 to the Board. The required content of the certificates
is available from the Department 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 one inch (1") equals six hundred feet(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 one-half(%)
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 proposed 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''/ 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.
HBO 11111 11111 III 1111111 IIII 1111111 III 11111 IIII IIII 992063
2718054 09/02/1999 11:248 Weld County CO ORD89-JJ
65 of 219 R 0.00 D 0.00 JR Sukl Tsukemoto
24.7.4.4.3.7 Any other relevant information within a 'A mile distance of the perimeter property
proposed for the Use by Special Review as may be reasonably 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.
24.7.4.5.1 The scale of the plot plan shall be one inch (1") equals one hundred (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 are presently existing within a two hundred foot (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
Conservation 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.
24.7.4.5.3.11 Location, amount, size and type of any proposed 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 reasonably 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 COUNTY COMPREHENSIVE PLAN and
any other applicable Weld County Ordinance in effect
24.7.5 Supporting Documents. The following supporting documents shall be submitted
AIM 11111 III 1111111 IIII 1111111 III IIIII RHO 992063
2718054 09/02/1999 11:24A Weld County CO ORD89-JJ
as at 910 R 0.00 D 0.00 JA Suit! Tsukamoto
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 Department 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.
24.8 Development Standards For Uses by Special Review
24.8.1 An applicant for a Special Review Permit shall demonstrate conformance with and
shall continue to meet any DEVELOPMENT STANDARDS approved and adopted
by the County. The DEVELOPMENT STANDARDS shall be placed on the Special
Review Permit Plan Map prior to recording. Noncompliance with any of the
approved DEVELOPMENT STANDARDS may be reason for revocation of the
Special Review permit by the Board of County Commissioners.
24.9 Changes to a Special Review Permit. Any approved Special Review Permit shall be limited to the
items shown on the Special Review plan map and governed by the DEVELOPMENT STANDARDS.
Major changes from the approved Special Review Plan Map or DEVELOPMENT STANDARDS for
the Special Review Permit shall require the review of an amendment to the permit by the Weld
County Planning Commission and approval by the Board of County Commissioners before such
changes from the plan map or DEVELOPMENT STANDARDS are permitted. The Department of
Planning Services is responsible for determining whether a major change exists. Any other changes
shall be filed with the Department of Planning Services with the approved Special Review permit.
25 Special Review Permit for MAJOR FACILITIES OF A PUBLIC UTILITY or PUBLIC AGENCY
25.1 Applicability. These regulations shall apply to all new site selections of MAJOR FACILITIES OF
PUBLIC UTILITIEC or PUBLIC AGENCIES within the unincorporated lands of the COUNTY
subsequent to the adoption of these regulations. These regulations shall also apply to any
expansion, enlargement, or extension of MAJOR FACILITIES OF PUBLIC UTILITIES or PUBLIC
AGENCIES after the adoption of these regulations. Any proposed MAJOR FACILITIES OF A
PUBLIC UTILITY or PUBLIC AGENCY 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. 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 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 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 majority of its entire membership or by said
11111111111 HIIE III 1111111 Mil EMI III 111111111N 992063
2718054 09/02/1999 11:248 Weld County CO ORD89-JJ
87 of 219 R 0.00 D 0.00 JR Sukl Tsukamoto
official.
25.2 Relationship of Regulations to Other Requirements. Nothing in Section 25, Special Review Permit
for Maior Facilities of a Public Utility or Public Agency, shall be construed 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 or
PUBLIC AGENCY Without Permit
25.3.1 No person may locate or construct a MAJOR FACILITY OF A PUBLIC UTILITY or
PUBLIC AGENCY 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 or PUBLIC AGENCY shall be approved without the applicant
first obtaining approval of a Special Review Permit pursuant to these regulations.
25.4 Duties of the Department of Planning Services
25.4.1 The Weld County Department of Planning Services shall be responsible for
processing all applications for a MAJOR FACILITY OF A PUBLIC UTILITY or
PUBLIC AGENCY in the unincorporated area of Weld County. The Department
shall also have the responsibility of insuring that all application submittal
requirements are met prior to initiating any official action as listed below.
25.4.2 Upon determination that a submitted application is complete, the staff of the
Department of Planning Services shall:
25.4.2.1 Set a Planning Commission hearing date not more than forty-five (45) days after
thr 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 the newspaper designated by the Board of County
Commissioners for publication of notices a minimum of ten (10) days prior to the
hearing date.
25.4.2.3 Give notice of 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, 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.) 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. 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 the newspaper designated by the Board of County Commissioners for
publication of notices a minimum of ten (10) days prior to the hearing date. The
advertisement shall contain a map displaying the proposed alternative routes along
with a description of the hearing time, date, and location. The advertise-
advertisement 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.
1111111 11111 111111 0 111111 VIII1111111 III 1111111111111 992063
2718054 09/02/1999 11:24A Weld County CO ORD89-JJ
ea _r ot0 R 0.00 D 0.00 iP Suit! Tsukamoto
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. 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 the newspaper designated by the Board
of County Commissioners for publication of notices a minimum of ten (10) days
prior to the hearing date. The advertisement shall contain a map displaying the
proposed alternative routes along with a description of the hearing time,date, and
location. The advertisement 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 agencies, when deemed applicable 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 Planning Services. The reviews and comments solicited by the
COUNTY are intended to provide the COUNTY with information on the proposal.
The Planning 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 the 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 planning area.
25.4.2.5.2 Weld County Department of Public Health and Environment.
25.4.2.5.3 Weld County Department of Public Works .
25.4.2.5.4 Cciorado Geological Survey.
25.4.2.5.5 Colorado Department of Transportation.
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
consideration.
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.
11111111111 HIE 1111111111 N 1111111 III 11111 IIII IIII 992063
2718054 09/02/1999 11:24A Weld County CO ORD89-JJ
89 of 219 R 0.00 D 0.00 JA Suit! Tsukamoto
25.4.2.6 Prepare staff comments and recommendations for presentation at the Planning
Commission hearing, addressing all aspects of the application, its conformance
with the Weld County Zoning Ordinance, the Weld County Comprehensive Plan,
and comments received from referral agencies.
25.4.3 The Department of Planning Services shall arrange for the County Clerk and
Recorder to record the plans approved 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 or PUBLIC AGENCY, the
Planning Commission shall,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, approve the request for the Special Review Permit for
a MAJOR FACILITY OF A PUBLIC UTILITY or PUBLIC AGENCY only if it finds that
the applicant has met the applicable conditions 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 fora MAJOR FACILITY
OF A PUBLIC UTILITY or PUBLIC AGENCY as described in Section 25.1.
25.5.2 Where reasonable methods or techniques are available to mitigate any negative
impacts which could be generated by the proposed MAJOR FACILITY OF A
PUBLIC UTILITY or PUBLIC AGENCY upon the surrounding area, the Planning
Commission may condition the decision to approve the Special Review Permit for
a MAJOR FACILITY OF A PUBLIC UTILITY or PUBLIC AGENCY upon
implementation of such methods or techniques and may require sufficient
performance guarantees to be posted with the COUNTY to guarantee such
implementation.
25.5.3 If the Special Review Permit for a MAJOR FACILITY OF A PUBLIC UTILITY or
PUBLIC AGENCY is approved, the Planning Commission shall arrange for the
Department of Planning Services to record the appropriate Facilities Plan, Utility
Line, or Selected Route Map with the Weld County Clerk and Recorder.
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 or PUBLIC AGENCY 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 or PUBLIC AGENCY in Weld County shall apply for a Special Review
permit on the forms provided by the Weld County Department of Planning Services.
The application forms shall be accompanied by the supporting documents required
by these regulations.
25.7.2 Submission Requirements. An adequate number of copies of the application for
a Special Review Permit shall be submitted by the applicant to the Department of
Planning Services. An application for a Special Review Permit shall contain the
following information in such form as prescribed by the Department of Planning
Services.
111111 RI IMO SEMI 1111111 III Milli 992063
2718054 09/02/1999 11:24A Weld County CO ORD89-JJ
70 of 219 R 0.00 D 0.00 JR Suk! Tsukamoto
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 locations or routes considered with a
summary emphasizing reasons for favoring a particular site or route.
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 proposed water requirements, if any, to include the quality and
quantity, needed for each USE, source, storage facilities, points of diversion,
treatment system, and distribution system.
25.7.2.3.6 A summary of the proposed fuel requirements, if any, to include the type and
quantity needed, source, and storage facilities.
25.7.2.3.7 A description of the 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 facilities including the source, capacity, destination,
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 alternatives.
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 facilities.
25.7.2.4.2.8 A description of any GEOLOGIC or FLOOD HAZARDS which could adversely
affect the DEVELOPMENT.
25.7.2.4.2.9 Advantages and disadvantages of the alternatives 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
11111111111111111 III 111111111 1111111 III 11111 IIII IIII 992063
2718054 09/02/1999 11:24A Weld County CO ORD89-JJ
11 ae 210 R 0.00 0 0.00 JA Sukl Tsukamoto
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 general 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 telephone 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 emplcyed 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 COUNTY
COMPREHENSIVE PLAN and any other applicable Weld County Ordinance in
effect.
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 preventing surface runoff from exceeding
the historical flow.
25.7.2.4.13 Additional information required for TRANSMISSION LINES and Oil and Gas
PIPELINES:
25.7.2.4.13.1 A discussion of the feasibility of utilizing any existing utility line corridors.
25.7.2.4.13.2 A list of the names and addresses of the utility companies which have existing
underground utility lines underlying the alternative routes.
25.7.2.4.14 Additional information needed for POWER PLANT site proposals:
25.7.2.4.14.1 Detailed information concerning water requirements tc include the quality needed
for the USE, source, storage facilities, point of diversion, treatment system, and
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 operating 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 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
11111111111111111 III 1111111 M 1111111 III 11111 IIII IIII 992063
2718054 09/02/1999 11:24A Weld County CO ORDS9-JJ
72 of 219 R 0.00 D 0.00 JR Sukl Taukamote
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) 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.
25.7.2.4.14.8 An affidavit listing the names and addresses of all mineral owners arid lessees of
mineral owners on or under the parcel of land being considered. The list shall be
prepared from the real property records of the Weld County Clerk and Recorder,
and shall be current as of a date no more than thirty(30)days prior to the date the
application is submitted to the Weld County Department of Planning Services.
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.
25.7.2.4.14.10 A description of any routine haul routes identifying the roads and bridges involved
and the weight of the loads.
25.7.2.4.14.11 An; other information determined to be necessary by the Department.of Planning
Services of the Planning Commission or its authorized representative to ensure the
protection of the health, safety and welfare of the inhabitants of the 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 copies 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 dimensions 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.
25.7.3.3 Site Plan. The Site Plan shall be drawn at a scale of one (1) inch equals one
hundred (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 aoplication as well as features within five hundred(500)
I Nil 11111IMII III111111I Inn III111111111IIII 992063
2718054 09/02/1999 11:24A Weld County CO 7 ORD89-JJ
7a at 210 R 0.00 D 0.00 JA Sukl Tsukamoto
feet of the parcel boundaries.
25.7.3.3.2 Include a certified boundary survey of the property. Bearing and distances of all
perimeter boundary lines shall be indicated outside 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 STRUCTURES 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 property. 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.
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.
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 recording after approval of a
route by the Board of County Commissioners.
25.7.4.2 Alternate Route Map Set shall:
111111111111111111 III 1111111111111111111 III 111111 MU 992063
2718054 09/02/1999 11:248 Weld County CO ORD89-JJ
76 of 219 R 0.00 D 0.00 J4 Suit! Tsukamoto
25.7.4.2.1 Include a vicinity map which displays the location of all ine alternative routes within
Weld County in relation to towns, major water features, and major transportation
features. The vicinity map shall be prepared at a suitable scale on a sheet twenty-
four inch by thirty-six inch (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 one to twenty-four thousand (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 non-irrigated agricultural land use as well as future
land use designations for the areas around the towns which have adopted Master
Plans. In addition, the one to twenty-four thousand (1:24,000) U.S.G.S.
Topographic base map shall be updated to accurately depict any significant new
man-made features within one (1) mile of any of the proposed routes.
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 twenty-four inch by thirty-six inch (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 one to twenty-four thousand(1:24,000)
scale U.S.G.S. Topographic Quadrangle. The map shall display the centerline of
the approved route and all of the features depicted on the U.S.G.S. Topographic
Quadrangle within one(1)mile on each side of the approved route. The base map
shall be updated to include any significant new man-made features 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 Sunh 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 application for site selection and
construction or expansion of a MAJOR FACILITY OF A PUBLIC UTILITY only if all
applicable requirements of Section 25, Special Review Permit of a Maior Facility
of a Public Utility or Public Agency are met, and the applicant has shown that the
application is consistent with the following standards:
111111 1111 111111 III IIIIINI llll 1111111 III 111111 III IIII 992063
2718054 09/02/1999 11:244 Wald County CO ORD89-JJ
75 of 219 R 0.00 D 010 JA Suki Tsukamoto
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 applicable 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 the 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 reasonable 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 the 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 reasonable 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.
25.8.9 It has been determined that the nature and location or expansion of the facility will
meet Colorado Department of Public Health and Envircnment 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 or expansion of the facility will not unreasonably interfere
with any significant wildlife habitat and will not unreasonably 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.
25.9 Changes to a Special Review Permit for MAJOR FACILITIES OF A PUBLIC UTILITY OR PUBLIC
11111111111111111 III 1111111 IIII 1111111 III 111111 III Hi 992063
2718054 09/02/1999 11:24A Weld County CO ORD89-JJ
76 of 219 R 0.00 D 0.00 JA Suitt Tsukamoto
AGENCY:Any approved Special Review Permit for MAJOR FACILITIES OF A PUBLIC UTILITY OR
PUBLIC AGENCY shall be limited to the items shown on the Special Review Plan Map and
governed by the DEVELOPMENT STANDARDS. Major changes from the approved Special Review
Plan Map or DEVELOPMENT STANDARDS for the Special Review Permit for MAJOR FACILITIES
OF A PUBLIC UTILITY OR PUBLIC AGENCY shall require the approval of an amendment to the
permit by the Weld County Planning Commission before such changes from the plan map or
DEVELOPMENT STANDARDS are permitted. The Department of Planning Services is responsible
for determining whether a major change exists. Any other changes shall be filed with the
Department of Planning Services with the approved Special Review Permit.
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 (Floodprone) 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,
replaced or SUBSTANTIALLY IMPROVED within the FW(FLOODWAY)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 Section 26, Flood Hazard Overlay District Development Permit. Any
person filing an application for a FLOOD HAZARD Overlay District Development Permit which
involves only the ALTERATION OR RELOCATION OF A WATERCOURSE is required to comply
only with the application requirements listed in Section 26.5. Any BUILDING or STRUCTURE which
is to be located within the FLOODPLAIN, as defined by the Official Weld County Flood Hazard
Overlay District Zoning Maps, are required to obtain a FLOOD HAZARD Overlay District
Development Permit in accordance with Sections 26 and 53 of this Ordinance. This FLOOD
HAZARD Overlay District Development Permit shall be obtained for all BUILDINGS or
STRUCTURES which are to be located within the FLOODPLAIN regardless of Building Permit
requirements.
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 Permits to determine that all necessary permits have been
obtained from Federal, State, or local governmental agencies from which prior
approval is required. The Department of Planning Services shall review the
FLOOD HAZARD Overlay District Development Permit application and determine
if the application requirements of this Section 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 forward copies of the complete
application to any 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 twenty-one (21) days shall be
deemed to be a favorable response to the Department of Planning Services. The
reviews and comments solicited by the COUNTY are intended to provide the
Department of Planning Services with information related to the proposed FLOOD
HAZARD Overlay District Development Permit. The COUNTY may consider all
such reviews and comments and may solicit additional information if such
111111 VIII 111111 III VI'I'I III' 1111111 III 111111 III IIII 992063
2718054 09/02/1999 11:24A Weld County CO )-41 ORD89-JJ
77 of 219 R 0.00 0 0.00 JA Suit! Tsukamoto
information is deemed necessary. The reviews and comments submitted by a
referral agency are recommendations to the Department of Planning Services.The
authority and responsibility for making the decision to approve, approve subject to
conditions, or deny the FLOOD HAZARD Overlay District Development Permit
application 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 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 building 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
Services 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.
26.3.6 The Department of Planning Services shall obtain and record the actual elevation
in relation to mean sea level, of the LOWEST FLOOR of all new or
SUBSTANTIALLY IMPROVED STRUCTURES.
26.3.6.1 For all new, replacement or SUBSTANTIALLY IMPROVED flood proofed
STRUCTURES.
26.3.6.1.1 Verify and record the actual elevation, in relation to mean sea level, to which the
STRUCTURE has been flood proofed.
26.3.6.1.2 Maintain the elevation and floodproofing certifications required in Section 20.11.9
of the Weld County Building Code Ordinance.
26.3.7 Maintain for public inspection all records pertaining to the provisions of this Section.
26.3.8 When the BASE FLOOD WATER SURFACE ELEVATION data has not been
provided in accordance with Section 26.5.1.5 of this Ordinance, The Department
of Planning Services may obtain,review,and reasonably utilize any BASE FLOOD
WATER SURFACE ELEVATION data available from a Federal, State, or other
source, as criteria for reviewing the FLOOD HAZARD Overlay District Department
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 building permit need
only meet the standards listed in Section 26.4.9.
26.4.1 The applicant has met all applicable conditions 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 replaced) or will be built (for new STRUCTURES) to the level, or
11111111111 NM 1111111 IIII 1111111 III 111111 III 1111 992063
2718054 09/02/1999 11:248 Weld County CO ORD89 JJ
net _e n4a S n AA n A AA }A e..La
above, of the REGULATORY FLOOD DATUM. The certificate shall include the
elevation of the ground and the existing (for SUBSTANTIALLY IMPROVED
STRUCTURES)or proposed,(for new STRUCTURES)elevation of the lowest floor
of the STRUCTURE.The ground elevation and elevation of the LOWEST FLOOR
of any existing STRUCTURE shall be certified to be accurate by a licensed
surveyor or registered professional engineer.
26.4.3 For all new construction and SUBSTANTIAL IMPROVEMENTS, fully enclosed
areas below the lowest floor that are subject to flooding shall be designed to
automatically equalize hydrostatic flood forces on exterior walls by allowing for the
entry and exit of floodwaters. Designs for meeting this requirement must either be
certified by a registered professional engineer or architect or must meet or exceed
the following criteria: (I)A minimum of 2 (two) openings having a total net area of
not less than one square inch for every square foot of enclosed area subject to
flooding shall be provided; (ii)The bottom of all openings shall be nc higher than
1 (one)foot above grade; (iii)Openings may be equipped with screens, louvers, or
other coverings or devices provided that they permit the automatic entry and exit
of floodwaters.
26.4.4 A registered professional engineer shall certify that all STRUCTURES which are
not ELEVATED in order to be FLOOD PROOFED 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. 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 STRUCTURE.
26.4.5 All manufactured homes or those to which SUBSTANTIAL IMPROVEMENT is
made shall conform to the following requirements:
26.4.5.1 Manufactured homes that are placed or substantially improved on a site(I)outside
of a manufactured home park or subdivision, (ii)in a new manufactured home park
or subdivision, (iii) in an expansion to an existing manufactured home park or
subdivision, or(iv)in an existing manufactured home park or subdivision on which
a manufactured home has required SUBSTANTIAL IMPROVEMENT as the result
of a flood, shall be required to be elevated on a permanent foundation or an
adequately anchored foundation system such that the lowest floor of the
manufactured home is elevated to the level,or above,the REGULATORY FLOOD
DATUM and be securely anchored to an adequately anchored foundation system
to resist flotation, collapse and lateral movement.
26.4.5.2 Manufactured homes to be placed or substantially improved on sites in existing
manufactured home parks or subdivisions that are not subject to the provisions in
Section 26.4.4.1 shall be elevated so that the lowest floor of the manufactured
home is built to the level, or above, the REGULATORY FLOOD DATUM.
26.4.6 RECREATIONAL VEHICLES shall be permitted on site fora maximum of 180(one
hundred eighty)days, be fully licensed and properly equipped for highway usage,
and meet the permit requirements and elevation and anchoring requirements for
MANUFACTURED HOMES.
26.4.7 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 inundation or infiltration of floodwater into such system by an
INTERMEDIATE REGIONAL FLOOD.
1111111 11111 111111 III 1111111 IIII 1111111111 111111 III Iill 992063
2718054 09/02/1999 11:24A Weld County CO ORD89-JJ
79 of 219 R 0.00 D 0.00 JA Suki Teukemoto
26.4.8 A registered professional engineer shall certify that all new or replacement sanitary
sewer systems are designed to prevent inundation or infiltration of floodwater into
such system and to prevent discharges from such systems into the floodwaters of
an INTERMEDIATE REGIONAL FLOOD.
26.4.9 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 floodwater levels during
an INTERMEDIATE REGIONAL FLOOD.
26.4.10 No encroachments,including fill, NEW CONSTRUCTION,replacement of existing
structures,SUBSTANTIAL IMPROVEMENTS,and other DEVELOPMENT shall be
permitted unless certification by a registered professional engineer or architect is
provided demonstrating that encroachments shall not result in any increase in
FLOOD levels during the occurrence of an INTERMEDIATE REGIONAL FLOOD.
26.4.11 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 INTERMEDIATE REGIONAL
FLOOD.
26.4.12 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
SUBSTANTIAL 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:
26.4.12.1 Municipalities within a three mile radius of the proposed ALTERATION or
RELOCATION have been notified in writing of the proposed ALTERATION or
RELOCATION.
26.4.12.2 The Colorado Water Conservation Board has been notified in writing of the
proposed ALTERATION or RELOCATION.
26.4.12.3 The Insurance and Mitigation of the Federal Emergency Management Agency has
been notified in writing of the proposed ALTERATION or RELOCATION.
26.4.12.4 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 certification shall also provide evidence
which substantiates that the ALTERATION or RELOCATION 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 A flood hazard development permit application form provided by the Department
of Planning Services.
11111111111 N 1111111 �I�I Mill III 3111 III Ill
2718054 09/02/1999 11:.244 Wald County CO 992063
80 of 219 R 0.00 D 00 JR Suitt Tsukamoto ORD89-11
0.
26.5.2 An explanation of how the standards of Section 26.4 of the Weld County Zoning
Ordinance, as amended have been or will be met.
26.5.3 The applicant shall provide a map,drawn and certified by a registered professional
engineer, which accurately displays the following information.
26.5.3.1 The name and address of the property owner.
26.5.3.2 A legal description which describes the Section, Township and Range of the
property.
26.5.3.3 Scale and north arrow.
26.5.3.4 Existing ground elevations, above mean sea level, at the building site.
26.5.3.5 WATER SURFACE ELEVATIONS of the INTERMED!'TE REGIONAL FLOOD at
the BUILDING site.
26.5.3.6 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.
26.5.3.7 A plot plan which shows the location,shape,exterior dimensions and distance from
LOT or property lines of each existing or proposed STRUCTURE.
26.5.3.8 Proposed vehicular access to the property.
26.5.3.9 Any FILL, storage of materials, and drainage facilities located on the property.
26.5.3.10 Any other relevant information which may be required by the Department of
Planning Services.
26.5.4 Copy of the deed or legal instrument identifying the applicant's interest in the
property.
26.5.5 A flood hazard development permit certification. An additional as-built flood hazard
development permit certification will be required prior to receiving a certificate of
occupancy or final building permit approval for the str'cture.
26.5.6 An elevation drawing which clearly depicts the elevation of the LOWEST FLOOR
of the structure in relation to the REGULATORY FLOOD DATUM.
26.5.7 If an application does not include the construction,replacement 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 26.4.9 have been met.
26.5.8 Any other relevant information which may be required by the Department of
Planning Services.
27 Geologic Hazard Overlay District Development Permit
27.1 Intent. The intent of the Geologic Hazard Overlay District Development 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
1111111 111111111 III 11111131 1111111 III 111111 III IIII 992063
2718054 09/02/1999 11:24A Weld County CO 5 ORD89-JJ
81 of 219 R 0.00 D 0.00 JA Suki Tsukamoto
Section 52 of this Ordinance are safe from GEOLOGIC HAZARDS. A Geologic Hazard Overlay
District Development Permit shall not be required 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, a MAJOR FACILITY OF PUBLIC UTILITY OR
PUBLIC AGENCY, Change of Zone, Subdivision of Land including Recorded Exemptions, and
PLANNED UNIT DEVELOPMENTS within the GEOLOGIC HAZARD OVERLAY DISTRICT shall
submit their application for review to the Colorado Geological Survey. The applicant shall pay for
all fees required by the Colorado Geological Survey at the time of submittal of the land-use
application. If the Colorado Geological Survey determines that conditions and the land-use request
require further review, the applicant shall apply for and obtain a Geological Hazard Overlay
Development:Permit before any of these applications are considered for final approval by the Board
of County Commissioners.
27.2 Adoption antt.Amendment of the Official Geologic Hazard Overlay District Map.
27.2.1 When adopting or amending the Official Geologic Hazard Overlay District Map,the
applicable procedures in Section 21, Amendments to the Map(Resolution) 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 Section have been met by the applicant. If the application is
not complete as required, the applicant shall be notified of specific deficiencies.
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
application 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 twenty-one (21) days shall be
deemed to be a favorable response to the Department of Planning Services. The
reviews and comments solicited by the COUNTY are intended to provide the
Department of Planning Services with information related to the proposed
GEOLOGIC HAZARD OVERLAY DISTRICT Permit. The 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 recommendations 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 GEOLOGIC HAZARD OVERLAY
HUM 11111111111I�� 1111111 ���� 1111111 H111 992063
2718054 09/02/1999 11:24A Weld County CO ORDB9-JJ
82 of 219 R 0.00 D 0.00 JA Sukl Tsukamoto
DISTRICT DEVELOPMENT Permit approval and one copy of the information
submitted by the applicant as a part of the GEOLOGIC HAZARD OVERLAY
DISTRICT DEVELOPMENT Permit application.
27.4 Standards. Tie Department of Planning Services shall not issue a GEOLOGIC HAZARD OVERLAY
DISTRICT DEVELOPMENT 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 demonstrate 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 protection 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,as amended. 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, as amended.
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 approved by the Department of Planning Services written justification as to
why a particular requirement does not pertain to the proposed DEVELOPMENT.
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 dimensions of the map shall be twenty-four(24)inches by
thirty-six(36)inches. The map shall be prepared at a one inch equals one hundred
feet (1" = 100') scale and shall include the parcel in question, as well as features
within five hundred (500)feet of the parcel boundaries. The scale of the map may
be reduced or enlarged upon approval of the Department 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.
AIM 11111 11111 III 1111111 IIII 1111111 III 111111 III IIII 992063
2718054 09/02/1999 11:248 Weld County CO ORD89-JJ
83 of 219 R 0.00 D 0.00 JA Suk! Taukamoto
27.5.1.2 The topography of the area at ten (10) foot contour intervals or at intervals as
determined 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 WATERCOURSES, 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 accurate 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
27.5.1.6.1 Engineer's Certificate.
27.5.1.6.2 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 conditions on the proposed
land USE changes and DEVELOPMENTS. The report shall also include
recommended mitigating procedures to be employed 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 subject 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 subject 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
1111111 11111 111111 III 1111111 IIII 1111111 III 11111111 1111 992063
2718054 09/02/1999 11:24A Weld County CO ORD89-JJ
84 of 219 R 0.00 D 0.00 IA Sukl Taukamoio
cost of such techniques.
27.5.2.1.11 Pertinent historic factors including,but not limited to, past occurrences of GROUND
SUBSIDENCE 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 PUD
Sketch Plan,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 to the procedures stated in this
Section. When applicable, the supplemental procedures of this Section shall also apply. All
applications fora PUD District shall comply with the provisions of 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 Preapplication Conference. Any person wanting to apply for a Change of Zone to a PUD District
shall arrange for a preapplication conference with the Department of Planning Services. The
applicant shall submit a PUD sketch plan to the Department of Planning Services for review, prior
to the preapplication conference. The applicant shall submit the required information as stated in
this section.
28.3 Sketch Plan Application Submittal. The following completed information, data, and maps are
required:
28.3.1 Written documents.
28.3.1.1 The PUD Sketch Plan application forms and application fee.
28.3.1.2 A general statement describing the concept, land-use(s),and architectural style of
the PUD project.
28.3.1.3 A general statement describing the size and type of any public and private open
space and semi-public USES, including parks, recreation areas, school sites, and
similar uses.
28.3.1.4 A general statement which describes: The approximate number and type of
residential units, approximate number, floor area, height, and type of business,
COMMERCIAL, and industrial buildings and structures. The approximate number
and size of any open storage areas. An estimate of the number of employees for
the business, COMMERCIAL and industrial USES.
28.3.1.5 A general statement describing the PUD's source of water and type of system.
28.3.1.6 A general statement describing the PUD's type of sewer system.
28.3.1.7 A general statement describing the PUD's vehicular circulation system of local,
collector, and arterial streets. The general statement should include: width of road
rights-of-way, width of road surface, width of borrow ditches, type of surface, off
street parking areas, loading zones, major points of access to public rights-of-way,
and notation of proposed ownership of the circulation system, public or private.
(Design Standards for streets are listed in the Weld County Subdivision Ordinance.
Weld County road classifications are listed in the COUNTY COMPREHENSIVE
PLAN).
28.3.1.8 A general statement describing any other proposed circulation systems or trails,
i.e., pedestrian, horse riding, runways, or taxiways.
1 11111111111111111 N 1111111 I'll 1111111 III 1111111 11 1111 992063
2718054 09/02/1999 11:24P Weld County CO 9 ORD89-JJ
ae _e 91e o e 010 a A_00 IA Suit! Tsukamoto
28.3.1.9 A general statement describing the plan for drainage and storm water
management. Design Standards for Storm Drainage are listed in the Weld County
Subdivision Ordinance.
28.3.1.10 The soils classification and description of the classification for the subject site.This
information can be obtained from the Soil Conservation Service.
28.3.1.11 A general statement describing any water courses, water bodies, and irrigation
ditches within the PUD site.
28.3.1.12 A general statement describing any existing unique features within the PUD site,
i.e., oil wells, tank batteries, irrigation ditch headgates, railroad tracks, runways,
buildings, structures, easements, and rights-of-way.
28.3.1.13 A general statement indicating whether or not any unique natural features exist on
the PUD site, i.e., wildlife areas or vegetative cover.
28.3.1.14 A general statement indicating whether any commercial mineral deposits are on the
PUD site.
28.3.1.15 A general statement describing any flood plain, GEOLOGICAL HAZARD, and
airport overlay district areas within the PUD site.
28.3.1.16 A general statement which describes the surrounding land-uses within one-half('/:)
mile of the PUD site.
28.3.1.17 A general description of the LANDSCAPING plan for the PUD site.
28.3.1.18 A general description of the proposed treatment of the perimeter of the PUD site,
including materials and techniques to be used, such as screens, fences, walls,
berms, and other LANDSCAPING.
28.3.2 Sketch Plan Site Map
28.3.2.1 A drawing of the PUD project at a scale of one inch (1") equals one hundred feet
(100'), or one inch (1") equals two hundred feet (200'), composed of one (1) or
more sheets with an outer dimension of twenty-four(24) by thirty-six (36) inches,
showing the following information:
28.3.2.2 Name of the PUD project.
28.3.2.3 Legal description of the PUD site.
28.3.2.4 Contour lines at ten (10) foot intervals.
28.3.2.5 Title, scale and north arrow.
28.3.2.6 The proposed location of land-uses,including approximate acreage,gross density,
number and height of each type of residential unit; and approximate floor area,
height, and type of business, COMMERCIAL, and industrial buildings and
structures.
28.3.2.7 The proposed vehicular traffic circulation system.
28.3.2.8 The proposed location of any other circulation system or trails.
28.3.2.9 The location of any existing unique features within the PUD project, i.e., oil wells,
1111111 1111 11111 ��� 11111111 IIII 1111111 III 1111111 II 1111 992063
2718054 09/02/1999 11:248 Weld County CO ORD89-JJ
86 of 219 R 0.00 D 0.20 JR Usk! Tsukamoto
tank batteries,irrigation ditches,water bodies,railroad tracks,easements,rights-of-
way, etc.
28.3.2.10 The approximate location of any proposed existing LANDSCAPE I features.
28.3.2.11 The general location of any flood plain, GEOLOGICAL HAZARD, and airport
overlay districts within the PUD project.
28.3.3 Vicinity Map.
28.3.3.1 The vicinity map shall be drawn at a scale of one inch (1")equals six hundred feet
(600'), composed of one(1)or more sheets with an outer dimension of twenty-four
(24) by thirty-six(36) inches showing the following items:
28.3.3.2 Existing zone districts within one-half (%) mile of the boundaries of the PUD
project.
28.3.3.3 The existing uses within one-half(%) mile of the boundaries of the PUD project.
28.3.3.4 The existing street and highway system within one-half(Y) mile of the boundaries
of the PUD project.
28.4 PUD Sketch Plan Review and Conference. A PUD Sketch Plan shall be submitted prior to submittal
of a PUD Planned Unit Development District change of zone application. The Department of Unit
Development Sketch. After its review, the Department of Planning Services may schedule a
conference with the applicant. The purpose of the conference is to familiarize the applicant with the
PUD District change of zone procedures and advise the applicant of any problems discovered
during the review of the PUD Sketch Plan.
28.5 PUD District Application Submittal. The following completed information, data, and maps are
required for a PUD change of zone district.
28.5.1 Written Documents.
28.5.1.1 The PUD District application forms and application fee.
28.5.1.2 A statement describing the proposed PUD Concept, land-use(s), and architectural
style of the PUD.
28.5.1.3 A statement which demonstrates the proposed PUD rezoning is consistent with the
policies of the Weld County Comprehensive Plan.
28.5.1.4 A statement which demonstrates how the USES allowed by the proposed PUD
rezoning will be compatible within the PUD District. In addition, a detailed
description of how any conflicts between land-uses within the PUD District are
being avoided or mitigated and can comply with Section 35.3
28.5.1.5 A statement which demonstrates how the USES allowed by the proposed PUD
rezoning will be compatible with land-use surrounding the PUD District. In addition,
a detailed description of how any conflicts between land-uses surrounding the PUD
District are being avoided or mitigated.
28.5.1.6 A description of each business within the PUD. A description of all buildings,
structures, and open storage areas, including size, floor area, and height. A
description of the type of RESIDENTIAL units within the PUD, including number of
units.
BO BIOME ICI 1111111 ���� 1111111 III 1111111111111 992063
2718054 09/02/1999 11:24A Wald County CO ORD89-JJ
87 of 219 R 0.00 0 0.00 JA Sukl Tsukamoto
28.5.1.7 A description of the size and type of any public and private open space and semi-
public uses, including parks, recreation areas, school sites, fire and sheriff
substations, and similar uses.
28.5.1.8 A description of the water source and system and a statement from the
representative of the provider of the water system which demonstrates that the
water supply quality and quantity is sufficient to meet the requirements of the uses
within the PUD District. A PUD district with residential USES shall be served by a
PUBLIC WATER system.
28.5.1.9 A description of the sewage disposal facility. If the facility is a sewer system, a
statement from the representative of the provider of the sewer system utility which
demonstrates that the disposal system will adequately serve the uses within the
PUD District.
28.5.1.10 A description of the functional classification, width and structural capacity of the
STREET and highway facilities which provide access to the PUD District. If the
street or highway facilities providing access to the PUD District are not adequate
to meet the requirements of the proposed district the applicant shall supply
information which demonstrates the willingness and financial capability to upgrade
the STREET or highway facilities in conformance with the Transportation Section
of the COUNTY COMPREHENSIVE PLAN. This shall be shown by submitting,with
the PUD District application, a separate improvements agreement describing the
proposed road improvements and method of guaranteeing installation of said
improvements in conformance with the Weld County Policy on Collateral for
Improvements. The agreement shall be used for the purposes of review,
evaluation,and compliance with this section. No rezoning shall be finally approved
by the Board of County Commissioners until the applicant has submitted an
improvements agreement or contract which sets forth the form of improvements
and guarantees and is approved by the Board of County Commissioners.
28.5.1.11 A soil survey and study of the site proposed for the change of zone with a
statement regarding suitability of soils to support all USES allowed in the proposed
zone. If the soils survey and study indicate soils which present moderate or severe
limitations to the construction of STRUCTURES or facilities on the site, the
applicant shall submit information which demonstrates that the limitations can be
overcome. This information will be forwarded to the Colorado Geological Survey
for evaluation.
28.5.1.12 If, according to maps and other information available to the 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 resources so that the Planning Commission and Board of County
Commissioners can determine whether a COMMERCIAL MINERAL DEPOSIT,as
defined in 34-1-305(1) Colorado Revised Statutes is contained on or under the
subject properties. This information will be forwarded to the Colorado Geological
Survey for evaluation.
28.5.1.13 If the proposed change of zone is located within a FLOOD HAZARD AREA,
identified by maps officially adopted by the COUNTY, the applicant shall submit
information which either documents how the COUNTY Supplementary Regulations
concerning Flood Plains have been satisfied or documents how the applicant
intends to meet the requirements of the Weld County Supplementary Regulations
concerning FLOOD PLAINS.
IBM Hill 111111 III It W111111 MBE II IIII 992063
2718054 09/02/1999 11:24A Weld County CO ORD89-JJ
on _t 910 R 0.00 D 0.00 JA Sukl Tsukamoto
28.5.1.14 If the proposed change of zone is located within a GEOLOGIC HAZARD AREA
identified by maps officially adopted by the COUNTY, the applicant shall submit
information which either documents how the Weld County Supplementary
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.
28.5.1.15 Post a sign for the applicant on the property under consideration for a PUD
Rezoning. The sign shall be posted adjacent to and visible from a publicly
maintained road right-of-way. In the event the property under consideration is not
adjacent to a publicly maintained road right-of-way,one sign shall be posted in the
most prominent place on the property and a second sign posted at the point at
which the driveway (access drive) intersects a publicly maintained road right-of-
way. The sign shall be posted at least(10) days prior to the hearing, and include
the following information:
28.5.1.15.1 PUD application number.
28.5.1.15.2 Date, place and time of public hearing.
28.5.1.15.3 Location and phone number of the public office where additional information may
be obtained.
28.5.1.15.4 Applicant's name.
28.5.1.15.5 Size of the parcel of land.
28.5.1.15.6 Type of PUD request.
28.5.1.16 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 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.
28.5.1.17 An affidavit listing the names and addresses of all mineral owners and lessees of
mineral owners on or under the parcel of land being considered. The list shall be
prepared from the real property records of the Weld County Clerk and Recorder,
and shall be current as of a date no more than thirty(30)days prior to the date the
application is submitted to the Weld County Department of Planning Services.
28.5.1.18 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 goals, policies,and standards set forth
in this ordinance and the Weld County COMPREHENSIVE PLAN and any other
applicable Weld County Ordinance in effect.
28.5.2 PLANNED UNIT DEVELOPMENT Planned Unit Development District Plat
28.5.2.1 A PUD District plat shall be delineated in drawing ink on Mylar (not sepias) at a
scale of one inch (1") equals one hundred feet (100') or one inch (1") equals two
hundred feet(200'), composed on one or more sheets with an outer dimension of
twenty-four(24) by thirty-six(36) inches, showing the following information:
1111111 fill 111111 III 1111111 IIII 11311111111 111111 992063
2718054 09/02/1999 11:2411 Weld County CO ORD89-JJ
89 of 219 R 0.00 D 0.00 JA Sul(' Tsukamoto
28.5.2.1.1 Certified boundary and tract survey of the parcel under consideration showing all
bearing and distances outside the perimeter boundary lines or along tract boundary
lines. The closure error of the survey may not exceed one in five thousand
(1:5,000).
28.5.2.1.2 Legal description, including total area involved, as certified by the surveyor.
28.5.2.1.3 Title, scale, and north arrow.
28.5.2.1.4 Date of drawing.
28.5.2.1.5 The following certificates shall appear on the map:
28.5.2.1.5.1 Surveyor's certificate.
28.5.2.1.5.2 Planning Commission certificate.
28.5.2.1.5.3 Board of County Commissioner's certificate.
28.5.2.1.6 The proposed location of land-uses by block, including block size in acres, gross
density, number, and height of each type of RESIDENTIAL unit; approximate floor
areas, height, and type of businesses, COMMERCIAL, and INDUSTRIAL USES;
; and the location of common open areas, i.e., public parks, school sites, and
similar USES.
28.5.2.1.7 The proposed location of the traffic circulation system,including road classification,
right-of-way width, road surface width, and access to public rights-of-way.
28.5.2.1.8 The location of any existing easements, rights-of-way, structures, and uses within
the PUD District including, oil wells,tank batteries, irrigation ditches.water bodies,
railroad tracks or dwellings.
28.5.2.1.9 The proposed location of any other circulation systems or trails within the PUD
District.
28.5.3 Planned Unit Development District Vicinity Map
28.5.3.1 A PUD District Vicinity Map shall be delineated in drawing ink on Mylar(not sepias)
at s scale of one inch (1") equals two hundred feet (200'), composed of one or
more sheets with an outer dimension of twenty-four(24) by thirty-six (36) inches,
showing the following information:
28.5.3.1.1 An outline of the perimeter of the proposed PUD District.
28.5.3.1.2 Title, scale, and north arrow.
28.5.3.1.3 Contour lines at ten (10) foot intervals.
28.5.3.1.4 The identification of all zone districts within one-half('/z) mile of the boundaries of
the PUD District.
28.5.3.1.5 The identification of all uses within one-half('/z) mile of the boundaries of the PUD
District.
28.5.3.1.6 The existing street and highway system within one-half(%) mile of the boundaries
of the PUD District. includina road classification, right-of-way width, and road
1111111 11111 NT H IIINIII ���� 1111111 III 1111111111111 992063
2718054 09/02/1999 11:24A Weld County CO ORD89-JJ
90 of 219 R 0.00 D 0.00 JA Suitt Teukamoto
surface width.
28.5.3.1.7 The location of any mineral resource areas within the proposed PUD district.
28.5.1.1.8 The location of any GEOLOGICAL HAZARD areas within the proposed PUD
district.
28.5.1.1.9 The location of any FLOOD HAZARD Area within the proposed PUD district.
28.5.3.1.10 The location of on-site detention areas to be incorporated in the storm drainage
systems, including notes indicating the approximate area and volume of the facility.
28.5.3.1.11 The location of any drainage ways within the proposed PUD district.
28.5.3.1.12 The location and identification of any landscaping plans for the perimeter of the
proposed PUD district.
28.6 Duties of the Department of Planning Services. The Department of Planning Services shall be
responsible for processing all applications for a Change of Zone to PUD District. The Department
shall have the responsibility to ensure that all application procedures and requirements are met prior
to any official action. The duties of the Department shall be:
28.6.1 PUD Rezoning Application. Upon determining that the Change of Zone to a PUD
District application meets the submittal requirements of Section 28.5, of the
COUNTY Zoning Ordinance the Department of Planning Services shall institute the
Change of Zone procedures in Section 21.4 of this Ordinance.
28.6.2 The Department of Planning Services shall provide a recommendation to the
Planning Commission concerning the disposition of the requested Change of Zone
to PUD District.
28.7 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.
28.7.1 Change of Zone to a PUD District.
28.7.1.1 The Planning Commission shall hold a hearing to consider the application for the
change of zone to a PUD District. The Supplementary District Regulations Section
40, and the Overlay Districts. Section 50 when applicable, may also be reviewed
concurrently. The Planning Commission shall provide recommendations to the
Board of County Commissioners concerning the disposition of the requested
change. 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 change of zone of a PUD District only if it finds that the applicant has met
the applicable requirements or conditions of Sections 28.7.2,28.5,and 28.13. The
applicant has the burden of proof to show that the standards and conditions of
Sections 28.7.2, 28.5, and 28.13 are met. The applicant shall demonstrate:
28.7.1.1.1 That the proposal is consistent with the Weld County COMPREHENSIVE PLAN
and any other applicable Weld County Ordinance in effect.
28.7.1.1.2 That the USES which would be allowed in the proposed PUD District will conform
with the Performance Standards of the PUD District contained in Section 35.3 of
this Ordinance.
28.7.1.1.3 That the USES which would be permitted shall be compatible with the existing or
future DEVELOPMENT of the surrounding area as permitted by the existing zoning,
1111111 11111 III 1111111 IIII 1111111 III 1111111 II 1111 992063
2718054 09/02/1999 11:24A Weld County CO ORD89-JJ
n. _e 41a a I1 ISIS n a ISIS fs C.AI
and with the future DEVELOPMENT as projected by the COMPREHENSIVE PLAN,
and any other applicable Weld County Ordinance in effect, or MASTER PLANS of
affected municipalities.
28.7.1.1.4 That adequate water and sewer service will be made available to the site to serve
the USES permitted within the proposed PUD District. A PUD district with
residential USES shall be served by a PUBLIC water system.
28.7.1.5 That STREET or highway facilities providing access to the property are adequate
in functional classification, width, and structural capacity to meet the traffic
requirements of the USES of the proposed zone district.
In the event that the STREET or highway facilities are not adequate, the applicant
shall supply information which demonstrates the willingness and financial capability
to upgrade the street or highway facilities in conformance with the Transportation
Section of the COUNTY COMPREHENSIVE PLAN.
This shall be shown by submitting, with the PUD District application, a separate
proposal for off-site road improvements. This proposal shall describe, in detail,the
type of off-site road improvements to determine if the requirement for STREET or
highway facilities providing access to the property has been satisfied. The method
of guaranteeing the installation of proposed off-site road improvements shall be
described as part of any off-site road improvement proposal. The method of
guarantee shall conform with the COUNTY'S policy regarding Collateral for
Improvements.
An off-site road improvement proposal shall be used for the purpose of determining
compliance with this section.
28.7.1.6 That there has been compliance with the applicable requirements contained in
Section 21.5.1.5 of this Ordinance regarding overlay districts, commercial mineral
deposits, and soil conditions on the subject site.
28.7.2 The Secretary of the Planning Commission shall forward the official
recommendation of the Planning Commission and the information contained 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.
28.7.3 If the Planning Commission recommendation is conditional upon the applicant
completing certain specified items prior to the publication 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 Department of
Planning Services.
28.8 Duties of the Board of County Commissioners. The Board of County Commissioners shall hold a
public hearing to consider an application for a Change of Zone to a PUD District. The Board shall
not approve any PUD application without written consent of the landowners whose properties are
included within the PUD District.
28.8.1 Change of Zone to a PUD District
28.8.1.1 Upon receipt of the Planning Commission's recommendation, Board of County
Commissioners shall institute the procedures contained in Section 21.6.1 of this
Ordinance.
28.8.1.2 The Board of County Commissioners shall hold a public hearing to consider the
1111111 11111 111111 III 111131 1111 1111111 III 1111111 II 1111 992063
2718054 09/02/1999 1.t.24P Weld County CO ORD89-JJ
an _. 'Is a a as n a as Jo Suk1 Tsukamoto
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
only if it finds that the applicant has met the applicable requirements or conditions
of Section 28.5, and 28.8. The applicant has the burden of proof to show that the
standards and conditions of Sections 28.5 and 28.8 are met. The applicant shall
demonstrate:
28.8.1.2.1 That the proposal is consistent with the Weld County COMPREHENSIVE PLAN
and any other applicable Weld County Ordinance in effect.
28.8.1.2.2 That the USES which would be allowed on the subject property will conform to the
Performance Standards of the PUD District contained in Section 35.3 of this
Ordinance.
28.8.1.2.3 That the USES 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,
and any other applicable Weld County Ordinance in effect, or MASTER PLANS of
affected municipalities.
28.8.1.2.4 That adequate water and sewer service will be made available to the site to serve
the USES permitted within the proposed zone district. A PUD district with
residential USES shall be served by a PUBLIC water system.
28.8.1.2.5 That STREET or highway facilities providing access to the property are adequate
in functional classification, width, and structural capacity to meet the traffic
requirements of the USES of the proposed zone district.
In the event that the STREET or highway facilities are not adequate, the applicant
shall supply information which demonstrates the willingness and financial capability
to upgrade the street or highway facilities in conformance with the Transportation
Section of the COUNTY COMPREHENSIVE PLAN.
This shall be shown by submitting, with the PUD District application, a separate
proposal for off-site road improvements. This proposal shall describe, in detail,the
type of off-site road improvements to determine if the requirement for STREET or
highway facilities providing access to the property has been satisfied. The method
of guaranteeing the installation of proposed off-site road improvements shall be
described as part of any off-site road improvements proposal. The method of
guarantee shall conform with the COUNTY'S policy regarding Collateral for
Improvements.
An off-site road improvement proposal shall be used for the purpose of determining
compliance with this Section.
28.8.1.2.6 That there has been compliance with the applicable requirements contained in
Section 21.6.2.5 of this Ordinance regarding overlay districts, COMMERCIAL
MINERAL DEPOSITS, and soil conditions on the subject site.
28.8.1.3 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.
1111111 111111 III OEM 1111111 III 1111111 111111 992063
2718054 09/02/1999 11:244 Weld County CO ORD89-JJ
01 at 910 0 0 00 n m G10 10 e..L,
28.8.1.4 The Board shall arrange for the Weld County Clerk to the Board to record the
resolution and, if the proposed change of zone to a PUD is approved, the
Department of Planning Services shall arrange for the Weld County Clerk and
Recorder to record the rezoning plat.
28.8.1.5 The Change of Zone to a PUD District shall be immediate upon the voting by the
Board. However, no building permits shall be issued and no DEVELOPMENT
started within a PUD District until a PUD Plan is adopted and recorded by the
Department of Planning Services.
28.9 Planned Unit Development Plan Application Submittal: An applicant may submit an application for
a PUD Plan provided that the PUD Plan is located within an existing PUD District. A PUD Plan may
encompass all or part of a PUD District. The uses shall be identical to those located and described
on the PUD District plat. The following completed information, data, and maps are required unless
waived by the Department of Planning Services.
28.9.1 Written Documents
28.9.1.1 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. The list shall include all mortgages, judgements, liens,
easements,contracts,and agreements of record in the COUNTY which shall affect
the property in the PUD Plan. If the attorney's opinion or certificate of title discloses
any of the above then the holders or owners of such mortgages,judgements, liens,
easements, contracts, or agreements shall be required to join in and approve the
application before the PUD Plan shall be acted upon by the Board.
28.9.1.2 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 letter of intent from the appropriate PUBLIC agencies stating that the
dedicated lands will be accepted.
28.9.1.3 A warranty deed or other suitable document ready to execute which deeds to the
appropriate PUBLIC body all lands other than STREETS which are to be held for
or used for PUBLIC purposes.
28.9.1.4 Certificate from the County Treasurer showing no delinquent taxes on the property
of the proposed PUD Plan.
28.9.1.5 Certificate from a qualified engineer responsible for the design of the utilities.
28.9.1.6 Copies of all deed restrictions, including those required by the Board of County
Commissioners to govern the future use of all land in the PUD site.
28.9.1.7 An Improvement Agreement According Policy Regarding Collateral for
Improvements. This form is provided by the Weld County Department of Planning
Services. The applicant must complete this form to show the improvements that
the applicant is required to construct and the type of collateral which will guarantee
installation of improvements.
If street or highway facilities providing access to the property were determined
adequate at the PUD District application stage because the applicant proposed
separate off-site road improvements in order to comply with Section 28.8.8 of this
ordinance, the following shall be submitted.
A separate off-site road improvements agreement proposal. The off-site road
improvement proposal shall describe, in detail, the type of off-site road
HMI "III 111111 III IIIIII1 III' INK III III' VIII IIII 992063
2718084 09/02/1999 11:24A Weld County Co ORD89-JJ
ee _r ine • 0 0a a 0.00 JA Suitt Taukamoto
improvements to determine if the requirement for STREET or highway facilities will
be adequate in functional classification,width, and structural capacity to meet the
traffic requirements of the proposed zone district. The method of guaranteeing the
installation of off-site road improvements shall be described as part of the
agreement. The method of guarantee shall conform with the COUNTY'S policy
regarding Collateral for Improvements.
28.9.1.8 A statement which summarizes the total area of the PUD Plan. This includes the
total number of buildings and STRUCTURES of a particular type expressed in
units. The total amount of commercial and industrial floor space in square feet.
The total number of off-STREET parking spaces, open storage areas and loading
areas in square feet.Any other information or supporting documents requested by
the Department of Planning Services which summarizes the total area of the PUD
Plan.
28.9.1.9 A statement describing how each BUILDING and STRUCTURE will be used or
operated. This includes the volume of business expected to be conducted at any
COMMERCIAL or 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, the number
of parking spaces,and any other information which would assist in determining the
USES of the BUILDINGS and STRUCTURES and the compatibility of those USES
within and adjacent to the PUD.
28.9.1.10 A statement which describes any proposed treatment, buffering or SCREENING
between USES, BUILDINGS or STRUCTURES in order to achieve compatibility.
A statement which describes the proposed treatment of the perimeter of the PUD,
including materials and techniques used, such as screens, fences, walls, berms,
and other LANDSCAPING.
28.9.1.11 A statement concerning the location and the intended use of all public and private
open space and semi-public uses including parks, recreation areas, school sites,
and similar uses.
28.9.1.12 A statement detailing how any COMMON OPEN SPACE will be owned, preserved,
and maintained in perpetuity.
28.9.1.13 A copy of all covenants,grants of easements or restrictions to be imposed upon the
use of the land, BUILDINGS, and STRUCTURES.
28.9.1.14 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.
28.9.1.15 A statement describing the method of financing for the Development. The
statement shall include the estimated construction cost and proposed method of
financing of the street and related facilities, water distribution system, sewage
collection system, flood plain protection, storm drainage facilities, and such other
facilities as may be necessary.
28.9.1.16 When a proposed STREET intersects a state highway,a copy of the state highway
permit shall be provided.
28.9.1.17 A copy of agreements signed by agricultural irrigation ditch companies specifying
the agreed upon treatment of any problems resulting from the location of the ditch.
1111111 11111 111111 III 1111111 IIII 1111111 III IIII VIII IIII 992063
2718054 09/02/1999 11:244 Weld County CO 59 ORD89-JJ
96 of 219 R A_N0 0 OAR 10 Sukl Taukameta
28.9.1.18 Geologic maps and investigation reports regarding area suitability forte proposed
PUD DEVELOPMENT. The maps and reports will be furnished to the Colorado
Geological Survey Division for review and evaluation.
28.9.1.19 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 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.
28.9.1.20 An affidavit listing the names and addresses of all mineral owners and lessees of
mineral owners on or under the parcel of land being considered. The list shall be
prepared from the real property records of the Weld County Clerk and Recorder,
and shall be current as of a date no more than thirty(30)days prior to the date the
application is submitted to the Weld County Department of Planning Services.
28.9.1.21 A sign shall be posted on the property under consideration for the PUD Plan. The
sign shall be posted by the Department of Planning Services,who shall certify that
the sign has been posted for at least ten(10)days preceding the hearing date. The
sign shall be provided by the Department of Planning Services. The sign shall
include:
28.9.1.21.1 PUD application number.
28.9.1.21.2 Date, place, and time of public hearing.
28.9.1.21.3 Location and phone number of the public office where additional information may
be obtained.
28.9.1.21.4 Applicant's name.
28.9.1.21.5 Size of the parcel of land.
28.9.21.6 Type of PUD request.
28.10 Illustrations.
28.10.1 Illustrations of the proposed architectural style for the PUD. The illustrations shall
show layout, profile, computations, and design detail of all BUILDINGS and
STRUCTURES. In addition, the materials, color, scale, and coordination of
BUILDINGS and STRUCTURES with surrounding land-uses shall be described.
The design objectives of the PUD plan and architectural style must be clear and
supported by a written statement.
28.11 Maps
28.11.1 A utility plan map shall consist of a drawing of the PUD project at a scale of one
inch (1")equals one hundred feet (100') or one inch (1") equals two hundred feet
(200')composed of one or more sheets with an outer dimension of twenty-four(24)
by thirty-six (36) inches showing the following information:
28.11.1.1 A utility plan showing the easements for water,sewer,electric,gas,telephone,and
111111111111 Hit ��� 1111111 ���� 1111111 ��� 11111 ���! ���� 992063
2718054 09/02/1999 11:24A Weld County CO ORD89-JJ
98 of 219 R 0.00 D 0.00 JA Sukl Tsukemoto
any other utilities within the PUD. Easements shall be designed to meet the Weld
County Subdivision Ordinance for easement standards.
28.11.1.2 A utility service statement block shall appear on the map. The block shall identify
each special district, municipality, or utility company intended to service the PUD.
The block shall include:
28.11.1.3 The name of the utility.
28.11.1.4 A dated signature and statement from the utility's representative indicating one of
the following: (1) Service is available, (2) service is available subject to specific
conditions, or(3) service is not available for the PUD. In the event number(2) is
indicated, the specific condition shall be described.
28.11.2 Plans, profiles and typical cross section drawings of STREETS, bridges, culverts,
and all drainage detention areas and STRUCTURES. These STREETS, bridges,
culverts and other drainage STRUCTURES shall be designed and constructed to
meet the requirements of the Official Weld County Construction Standards and the
Official Weld County Subdivision Ordinance. Pavement design computations and
drainage design computations shall also be submitted in accordance with the Weld
County Subdivision Ordinance.
28.11.3 A grading and drainage plan map shall consist of a drawing of the PUD District and
project at a scale of one inch (1") equals one hundred feet(100') or one inch (1")
equals two hundred feet (200') composed of one or more sheets with an outer
dimension of twenty-four (24) by thirty-six (36) inches showing the following
information:
28.11.3.1 A 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.
28.11.3.2 All WATERCOURSES on the property must be shown. In addition all FLOOD
HAZARD areas must be delineated.
28.11.3.3 All drainage ways, streets, arroyos, dry gullies, diversion ditches, spillways,
reservoirs, etc., which may be incorporated into the stormwater management
system for the PUD shall be designated.
28.11.3.4 All irrigation ditches and laterals shall be shown.
28.11.3.5 All required on-site detention areas,including notes indicating the area and volume
of the facility.
28.11.3.6 All plans shall indicate the proposed outlet for the storm drainage from the property,
including the name of the drainage way (where appropriate), the downstream
conditions, and any downstream restrictions.
28.11.3.7 Drainage design computations shall be submitted in accordance with the Weld
County Subdivision Ordinance.
28.11.4 A LANDSCAPE plan map shall consist of a drawing of the PUD District and PUD
Plan at a scale of one inch (1") equals one hundred feet (100') or one inch (1")
equals two hundred feet (200') composed on one or more sheets with an outer
dimension of twenty-four (24) by thirty-six (36) inches showing the following
1111111 11111 AI III 11111111 IIII 1111111 III IIIII illl IIII 992063
2718054 09/02/1999 11:248 Weld County CO ORD89-JJ
97 of 219 R 0.00 0 0.00 JA Sukl Tsukamoto
information:
28.11.4.1 A LANDSCAPE plan indicating the treatment of exterior spaces. The design
objective of the plan must be clear and supported by a written statement. The plan
must provide an ample quantity and variety of ornamental plant species which are
regarded as suitable for this climate. LANDSCAPE treatment must be balanced
with both evergreen and deciduous plant material with sufficient use of upright
species for vertical control.Plant material selection will be reviewed for adaptability
to physical conditions indicated by site plan locations. The LANDSCAPE I plan
shall include the following:
28.11.4.1.1 Extent and location of all plant materials and other LANDSCAPE I features. Plant
material must be identified by direct labeling on the plant or by a clearly
understandable legend.
28.11.4.1.2 Flower and shrub bed definition must be clear and drawn to scale with dimensions.
28.11.4.1.3 Species and size of existing plant materials.
28.11.4.1.4 Proposed treatment of all ground surfaces must be clearly indicated (paving, turf,
gravel, grading, etc.).
28.11.4.1.5 Location of water outlets. If areas of planting are extensive, plans for an
underground sprinkler system or suitable alternative will be required.
28.11.4.1.6 Plant material schedule with common and botanical names, sizes, quantities, and
method of transplant. Plants must be sized according to the following table:
Tvpe Size
Standard deciduous
trees 1-3/4"to 2"caliper
Small ornamental and
flowering trees 1-1/2"to 1-3/4"caliper
Evergreen trees 5' to 6' in height
Shrubs Adequate size to be consistent with design intent
28.11.4.1.7 All plant material must meet specifications of the American Association of
Nurserymen (AAN) for number one grade. All trees must be balled and burlaped
or the equivalent.
28.11.4.1.8 No building permit shall be issued for any building or any portion of a PUD until the
landscaping required by the LANDSCAPE plan map is in place or an Improvements
Agreement which complies with the requirements in the Official Weld County
Subdivision Ordinance has been executed, guaranteeing said landscaping.
28.11.5 Final PUD Plat shall be prepared according to the following submission
requirements. This map shall be in drawing ink on Mylar or other material
acceptable to the Department of Planning Services. 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 inch (1") equals one hundred feet (100') or one inch (1") equals
two hundred feet (200') composed of one or more sheets showing the following
information:
HUM 11111111111 III 11111111IIIIENE
2718054 09/02/1999 11:24R Weld County CO 992063
98 of 219 R 0.00 D 0.00 JA Sulk' 7sukamoto ORD89-JJ
28.11.5.1 Title, scale, and north arrow.
28.11.5.2 PUD Plan application number and name.
28.11.5.3 The date of the drawing with adequate space for revision dates.
28.11.5.4 Legal description including total area involved as certified by the surveyor, and
name and address of owner of record.
28.11.5.5 Outline of the proposed PUD Plan's perimeter, and a certified boundary and lot
survey of the parcel under consideration, showing all bearings and distances
outside the perimeter boundary lines or along the lot 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 waters 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.
28.11.5.6 Lot area in square feet or acres if larger than one(1)acre,lot and blocks delineated
and numbered consecutively,existing and proposed future street layout in dashed
lines and existing STREETS in solid lines for any portion of adjacent land not
subject to the current PUD Plan Application.
28.11.5.7 Location and description of uses by block or lot, if different uses are located within
the block.
28.11.5.8 Location, description,and dimensions of all proposed and existing COMMERCIAL
and office BUILDINGS, STRUCTURES, open storage areas, STREETS,
PARKING LOTS, COMMON OPEN SPACE, signs, lighting, advertising devices,
and any other development, improvement or feature within the PUD Plan's
boundary.
28.11.5.9 Location and description of FLOOD and GEOLOGIC HAZARD AREAS.
28.11.5.10 Location and description of proposed SCREENING, buffering, and
LANDSCAPING.
28.11.5.11 Location and description of proposed sites to be reserved or dedicated for parks,
playgrounds, schools, and other public USES.
28.11.5.12 Location, description and dimensions of all existing and proposed utilities,
easements, rights-of-way, waterways and other drainage systems, and any other
significant features, as determined by the Department of Planning Services.
28.11.5.13 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
acknowledgment.
28.11.5.12 The following certificate blocks shall appear on the plat and shall be completed at
the appropriate time:
28.11.5.12.1 Surveyor's certificate.
28.11.5.12.2 Certificate of Approval by the Planning Commission.
1111111 VIII 111111 III 1111111 II111111111 III III" 1111 11 992063
2718054 09/02/1999 11:248 Weld County CO ORD89-JJ
an _t ' I0 D m 010 0 0.00 IA Suitt Tsukamoto
28.11.5.12.3 Certificate of Approval by the Board of County Commissioners.
28.11.5.12.4 Certificate of dedication, ownership and maintenance by parcel owners regarding
COMMON OPEN SPACE,dedication of rights-of-way,easements,and other public
property interests and maintenance thereof.
28.12 Duties of the Department of Planning Services. The Department of Planning Services shall be
responsible for processing all applications for a PUD Plan. The Department shall have the
responsibility to ensure that all application procedures and requirements are met prior to any official
action. The duties of the Department shall be:
28.12.1 Planned Unit Development Plan. The Department of Planning Services shall
ensure that a proposed PUD Plan is located with a PUD District. Upon determining
that the applicant has met the PUD Plan submittal requirements in Section 28.9,the
Department shall institute the applicable procedures under Section 21.4 of this
Ordinance.
28.12.2 The Department of Planning Services shall provide a recommendation to the
Planning Commission concerning the disposition of the requested PUD Plan.
28.13 Duties of the Weld County Planning Commission.
28.13.1 The Planning Commission shall hold a public hearing to consider a 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 only if it finds that the applicant has met the applicable
requirements or conditions of Sections 28.9, 28.10, 28.11, and 28.13. The
applicant has the burden of proof to show that the standards and conditions of
Sections 28.9, 28.10, 28.11, and 28.13 are met. The applicant shall demonstrate:
28.13.1.1 The proposal is consistent with the Weld County COMPREHENSIVE PLAN and
any other applicable Weld County Ordinance in effect
28.13.1.2 The PUD Plan conforms to the PUD District in which it is proposed tc be located.
28.13.1.3 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 and any other applicable Weld County Ordinance
in effect, or MASTER PLANS of affected municipalities.
28.13.1.4 There has been conformance with the Performance Standards outlined in Section
35.3.
28.13.1.5 There will be compliance with the Weld County Zoning Ordinance, Section 50,
Overlay District Requirements if the proposal is located within any Overlay District
area identified by maps officially adopted by Weld County.
28.13.1.6 There has been compliance with the submittal requirements of the PUD Plan,and
that the PUD Plat and the supporting documents satisfy the legitimate concerns
of the Planning Commission.
28.13.1.7 The Secretary of the Planning Commission shall forward the official
recommendation of the Planning Commission and the information contained in the
official record,which includes the Department of Planning Services case file,to the
111111111111IIIT III 11111111111 Man 11111 IIII 1111 992063
2718054 09/02/1999 11:248 Weld County CO ORD89-JJ
100 of 219 R 0.00 D 0.00 JA Suit' Isukamoto
Clerk to the Board of County Commissioners within ten (10) days after said
recommendation has been made.
28.13.1.8 If the Planning Commission's recommendation is conditional upon the applicant
completing certain specified items prior to the publication 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 Department of
Planning Services.
28.14 Duties of the Board of County Commissioners.
28.14.1 After receipt of the Planning Commission's recommendation, the Board of County
Commissioners shall:
28.14.1.1 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's recommendation, for consideration of the proposed PUD Plan.
28.14.1.2 Arrange for legal notice of said hearing to be published once in the newspaper
designated by the Board of County Commissioners for publication of notices. At
the discretion of the Board of County Commissioners, a second notice may be
published in a newspaper which is published in the area in which the PUD Plan is
proposed. The failure to publish the second notice shall not create a jurisdictional
defect in the hearing process. The date of publication shall be at least thirty (30)
days prior to the hearing.
28.14.1.3 Arrange for the Department of Planning Services to post a sign on the property
under consideration for the PUD Plan according to the requirements of Section
21.4.2.5.
28.14.1.4 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.
28.14.1.5 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 failure of a surrounding property owner to receive such notification.
28.14.1.6 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 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
1111111 11111 111111 III 1111111 III' 11111 III VIII LIIi ills 992063
2718054 09/02/1999 111:248 We d County CO ORD89-JJ
101 of 219 R 0.00 D 0.00 JA ';ukt Tsukamoto
the request for the Planned Unit Development Plan only if it finds that the applicant
has met the applicable requirements or conditions of Sections 28.9, 28.10, 28.11,
and 28.14. The applicant has the burden of proof to show that the standards and
conditions of Sections 28.9, 28.10, 28.11, and 28.14 are met. The applicant shall
demonstrate:
28.14.1.6.1 The proposal is consistent with the COUNTY COMPREHENSIVE PLAN and any
other applicable Weld County Ordinance in effect.
28.14.1.6.2 The proposed Planned Unit Development Plan conforms to the PUD District in
which it is proposed to be located.
28.14.1.6.3 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 and any other applicable Weld County
Ordinance in effect, or MASTER PLANS of affected municipalities
28.14.1.6.4 There has been conformance with the Performance Standards outlined in Section
35.3.
28.14.1.6.5 There has been compliance with the Weld County Zoning Ordinance, Section 50,
Overlay District Requirements if the proposal is located within any Overlay District
identified by maps officially adopted by the COUNTY.
28.14.1.6.6 There has been compliance with the submittal requirements of the PUD Plan,and
that the PUD Plan Plat and the supporting documents satisfy the legitimate
concerns of the Board.
No PUD Plan Plat shall be recorded with the Weld County Clerk and Recorder and
no building permit shall be issued for the PUD Plan until the following has occurred.
The Board of County Commissioners must approve all improvement agreements
guaranteeing the installation and type of improvements, including a separate off-
site road improvement agreement if applicable. All agreements must be made in
conformance with the policy regarding Collateral for Improvements.
28.14.1.7 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.
28.14.4.8 The Board shall arrange for the Weld County Clerk and Recorder to record the
resolution and the proposed PUD Plan if it is approved. No building permits shall
be issued until the PUD Plan has been recorded and a Site Plan Review
Application has been approved by the Department of Planning Services.
28.15 Supplemental Procedures and Requirements.
28.15.1 Amendment to a PUD District. Each approved PUD District is considered unique,
and the USES described by block and/or lot within a PUD District shall only be
amended by applying for a change of zone to a new PUD District. These
procedures are contained in Section 28.5 of this Ordinance.
28.15.2 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
28.9 of this Ordinance. This may include, but not be limited to, requests for
11111111111 HIM IIIIII IIII 1111111 In dill IIII IIII 992063
2718054 09/02/1999 11:24A Weld Cotinty CO ORD89-JJ
102 of 219 R 0.00 D 0.00 JR Suk' Tsukamoto
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.
28.15.3 Minor Modifications to a PUD Plan. The Department of Planning Services may
approve minor modifications to a PUD Plan. The applicant 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
Planned Unit District.
28.15.4 Correction to a PUD Plat. The Board of County Commissioners may, without a
hearing or compliance with any of the submission, referral, or review requirements
of the PUD Plan regulations, approve a correction to a PUD Plan 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.
28.15.5 Failure to submit a PUD Plan. If no PUD Plan application is submitted within three
(3)years of the date of the approval of the PUD District, the Planning Commission
shall require the landowner to appear before it and present evidence substantiating
that the PUD project has not been abandoned and that the applicant possesses the
willingness and ability to continue with the submittal of the PUD Plan. The Planning
Commission may extend the date for the submittal of the PUD Plan application and
shall annually require the applicant to demonstrate that the PUD has not been
abandoned. If the Planning Commission determined that conditions or statements
made supporting the original approval of the PUD Zone District have changed or
thatthe landowner cannot implement the PUD Plan,the Planning Commission shall
recommend to the Board of County Commissioners that the PUD District approval
be revoked. If the Board agrees after a public hearing, the Board may revoke the
PUD zone district and order the recorded PUD zone district reverted to the original
zone district.
28.15.6 Failure to Commence a PUD Plan If no construction 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 Commission may require the landowner to appear before it and
present evidence substantiating that the PUD project has not been abandoned and
that the applicant possesses the willingness 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 Commission 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.
28.15.7 Enforcement of the PUD Plan. The PUD Plan's construction schedule and the
maintenance of COMMON OPEN SPACE shall be enforced as follows:
28.15.7.1 The construction and provision of all COMMON OPEN SPACE, public utilities, and
recreational facilities which are shown on the Planned Unit Development Plan shall
proceed at a rate which is no slower than the construction of residential,
commercial or industrial BUILDINGS and STRUCTURES. Periodically, the
Planning Commission or its representative shall compare the DEVELOPMENT to
date with the approved construction schedule.
28.15.7.2 All DEVELOPMENTS shall meet the requirements herein set forth and no final plan
111111111!11111111 III 111111I !!II 1111111 III 11111 HIV 992063
2718054 09/02/1999 11:248 Weld County CO ORD89-JJ
103 ° 219 R 0.00 D 0.00 JR Sukl Tsukamoto
shall be approved that does not meet these requirements.
28.15.7.3 The developer shall submit a legal instrument setting forth a plan providing for the
permanent care and maintenance of OPEN SPACE, recreational areas and
commonly owned facilities and PARKING LOTS. The same shall be submitted to
the County Attorney and shall not be accepted until approved as to legal form and
effect. If the COMMON OPEN SPACE is deeded to a homeowners' association,
the applicant shall file the proposed documents governing the association. Such
documents shall meet the following requirements.
28.15.7.3.1 The homeowners'association must be established before any residences are sold.
28.15.7.3.2 Membership in the association must be mandatory for each owner.
28.15.7.3.3 OPEN SPACE restrictions must be permanent and not for a period of years.
28.15.7.3.4 The homeowners' association must be made responsible for liability insurance,
taxes, and maintenance of recreational and other facilities.
28.15.7.3.5 The association must have the power to levy assessments which can become a
lien on individual premises for the purpose of paying the cost of operating and
maintaining common facilities.
28.15.7.3.6 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:
28.15.7.4 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, setting forth the time, date, and place of 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.
28.15.7.5 If the deficiencies set forth in the original notice or in the modifications thereof are
not rectified within thirty(30)days or any extension thereof, the Board, in order to
preserve the values of the properties within the Planned Unit Development 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 expiration of said one (1) year period, the Board of County
Commissioners shall call a public hearing to consider the necessity of continuing
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
hearing to the organization normally responsible for the maintenance of the
COMMON OPEN SPACE and to the owners or residents of the PUD. If the Board
determines that such organization is not ready and able to maintain said COMMON
OPEN SPACE in reasonable 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.
28.15.7.6 The cost of such maintenance by the Board shall be paid by the owners of the
AIM 11111111111 992063
2718054 09/02/1999 11:24A Weld County CO 8 ORD89-JJ
104 of 219 R 0.00 D 0.00 JA Silk! Tsukamoto
properties within the Planned Unit Development 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, as amended.
28.15.7.7 Monuments. Permanent reference monuments shall be set on the PLID according
to the Official Weld County Subdivision Ordinance and Section 30-51-101, et seq.,
of the Colorado Revised Statutes, as amended.
29 FEES
29.1 Fees for all Land Use Permit Applications provided for in the Weld County Zoning Ordinance shall
be established by resolution of the Board of County Commissioners in conjunction with a hearing
process that will consist of a ten(10)day public notice prior to the Board of County Commissioners'
hearing. Notice of said hearing is to be published once in the newspaper designated by the Board
of County Commissioners for publication of notices.
29.2 Review fees charged by a state agency for the review of any Land Use applications shall be made
payable, by check or money order, to the State reviewing agency in the amount set by State law.
The fee shall be paid at the time the application is submitted for consideration by the COUNTY.
Failure to pay said fee shall result in the Land-Use Application being considered an incomplete
application and will not be assigned a case number or hearing date until the fee is paid.
29.3 If the COUNTY does not have qualified staff to review certain elements of a proposal or referral
agencies are not able to adequately advise the County regarding certain elements of a land USE
e application then the Board of County Commissioners may authorize that the review be performed
by a qualified outside consultant engaged or approved by the Director of Planning Services and the
reasonable costs of this review shall be paid by the applicant,as determined by the Board of County
Commissioners. No approvals or conditional approvals will be granted uy the Planning Commission
or the Board of County Commissioners until the consultant's fee has been paid by the applicant after
proper billing.
29.4 Investigation Fee. An additional investigation fee shall be added to the cost of the permit application
when specific land, USES, BUILDINGS, MOBILE HOMES, MANUFACTURED HOMES, and
STRUCTURES that require a permit by this Ordinance are located,moved,operated,or constructed
prior to obtaining a permit. The investigation fee shall be fifty percent(50%)of the fee established
by separate action by the Board of County Commissioners for land-USE applications. In no event
shall the investigation fee exceed an amount set by separate action by the Board of County
Commissioners. 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.
29.5 The fee for the Hazardous Waste Disposal Site established by the Board of County Commissioners
may be refunded in whole or in part by decision of the Board of County Commissioners. The
amount of the refund, if any, shall be determined, in part, based upon the cost incurred by the
COUNTY in reviewing the application and shall include, but not be limited to, outside consultant
work, staff time, and state and local agency fees.
TABLE OF CONTENTS
SECTION PAGE
30 ZONE DISTRICTS 30- 1
31 AGRICULTURAL 30- 1
32 RESIDENTIAL 30-6
IIIN 11111 HIM 1111111III! 1111111III11111 IIII �Hi 992063
2718054 09/02/1999 11:24A Weld County CO ORD89-JJ
105 of 219 R 0.00 D 0.00 JA Sukl Tsukemoto
33 COMMERCIAL 30-15
34 INDUSTRIAL 30-26
35 PUD (PLANNED UNIT DEVELOPMENT) 30-34
36 ESTATE 30-36
IIN11111111111 ��� 11111111 ���� 1111111 ��� 111111 �I� ����
2718054 09/02/1999 11:24P Wald County CO
106 of 219 R 0.00 D 0.00 JA Suki Tsukamoto
992063
20-70 ORD89-JJ
30 Zone Districls
31 A(Agricultural) District
31.1 Intent of the A(Agricultural) District.
Agriculture in the COUNTY is considered a valuable resource which must be protected from adverse
impacts resulting from uncontrolled and undirected business, industrial and residential land USES.
The A(Agricultural)District is established to maintain and promote agriculture as an essential feature
of the COUNTY. The A (Agricultural) District is intended to provide areas for the conduct of
agricultural activities and activities related to agriculture and agricultural production without the
interference of other,incompatible land USES. TheA(Agricultural)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
the COUNTY. .
31.2 Uses Allowed by Right in the A(Agricultural) 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 A(Agricultural)District except
for one or more of the following USES. Land in the A(Agricultural) District is subject to the schedule
of Bulk Requirements contained in Section 31.5. USES within the A(Agricultural) 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 and AUXILIARY QUARTERS per
LEGAL LOT.
31.2.2 One (1) SINGLE FAMILY DWELLING UNIT and AUXILIARY QUARTERS on a
parcel of land created under the provisions of Section 11 of the VVeld County
Subdivision Ordinance.
31.2.3 FARMING, RANCHING AND GARDENING.
31.2.4 Cultivation,storage,and sale of crops,vegetables,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.
31.2.7 Grazing of LIVESTOCK.
31.2.8 Feeding of LIVESTOCK within the limitations defined in Section 31.5, Bulk
Requirements and Section 47, Livestock Feeding Performance Standards.
31.2.9 OIL AND GAS PRODUCTION FACILITIES.
31.2.10 PUBLIC parks 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 ten thousand (10,000) gallons per year
provided that alcohol and by-products will be used primarily on the owners or
111111111111 ITN inn! 1111111III111111MIL
2718054 09/02/1999 11:248 Weld County CO 992063
107 of 219 R 0.00 D 0.00 JR Suitt Tsukamoto -1 ORD89-JJ
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 temporarily and exclusively for the completion
of a PUBLIC road improvement project.
31.2.16 MOBILE HOME subject to the additional requirements of Section 43.
31.2.17 Police and Fire Stations or Facilities.
31.2.18 Borrow pits used TEMPORARILY and exclusively for the completion of a PUBLIC
road improvement project.
31.2.19 MANUFACTURED HOME subject to the additional requirements of Section 46;
31.2.20 ANIMAL BOARDING where maximum number of ANIMAL UNITS permitted in
Section 31.5.4 is not exceeded and where the vehicular traffic generated by the
boarding activity is less than sixty (60) trips per day to and from the property.
31.2.21 One (1) microwave, radio, television, or other communication transmission or relay
tower seventy(70)feet or less in height per LOT. However,while in use,an amateur
(HAM) radio operator's crank-up antenna may be extended to a maximum of one
hundred fifty(150)feet in height provided that its resting or"down"position does not
exceed seventy(70)feet in height. More than one tower may be permitted as a USE
by Special Review.
31.2.22 Disposal of domestic sewage sludge subject to the additional requirements of
Section 48, Domestic Sewage Sludge Regulations.
31.2.23 Disposal of DOMESTIC SEPTIC SLUDGE subject to the additional requirements of
Section 49, Domestic Septic Sludge Regulations.
31.3 Accessory Uses in the A District. The following BUILDINGS, STRUCTURES, and USES shall be
allowed in the A(Agricultural) District so long as they are clearly incidental and ACCESSORY to the
USES allowed by right in the A (Agricultural) District. Such BUILDING. STRUCTURES and USES
must be designed,constructed, and operated in conformance with the Bulk Requirements contained
in Section 31.5. ACCESSORY USES within the A(Agricultural) District shall also be subject to the
additional requirements contained in Section 40,Supplementary District Regulations and Section 50,
Overlay Districts. Note: The combined GROSS FLOOR AREA of all ACCESSORY BUILDINGS
constructed after the original effective date of this Ordinance (August 25, 1981) on LOTS in an
approved or recorded subdivision plat or LOTS part of a map or plan filed prior to adoption of any
regulations controlling subdivisions of less than ten (10) acres shall not exceed 4% (four percent)
of the total lot area, except in the Mixed Use Development Area(MUD),which shall adhere to MUD
development standards. However, in no case shall such an accessory building exceed twice the
GROSS FLOOR AREA of the primary residence on the lot except by variance. Any accessory
structure made non-conforming by application of this subsection may be repaired, replaced or
restored in total.
31.3.1 STRUCTURES for storage of equipment and agricultural products.
31.3.2 BUILDINGS for confinement or protection of LIVESTOCK, within the limitations
defined in Section 31.5, Bulk Requirements.
31.3.3 MOBILE HOMES used as SINGLE FAMILY DWELLINGS for persons customarily
employed at or engaged in FARMING, RANCHING, or GARDENING subject to the
additional requirements of Section 43, Mobile Homes; Accessory Dwelling Units.
111111111111111111 III 111111111111111111 III 11111 111 1111 992063
2718054 09/02/1999 11:248 Weld County CO ORD89-JJ
108 of 219 R 0.00 D 0.00 JA Sukl Taukamoto
31.3.4 HCME OCCUPATIONS;
31.3.5 OFFICE incidental to the operation of the USES Allowed by Right as listed in Section
31.2, Uses Allowed by Right in the A(Agricultural) District.
31.3.6 MOBILE HOME subject to the additional requirements of Section 43,Mobile Homes
Accessory Dwelling Units.
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, Signs.
31.3.9 NONCOMMERCIAL JUNKYARD
31.3.10 Any other STRUCTURE or USE clearly incidental and ACCESSORY to the operation
of a Use Allowed by Right in the A (Agricultural) District.
31.4 USES by Special Review in the A(Agricultural) District.
The following BUILDINGS, STRUCTURES and USES may be constructed,occupied,operated,and
maintained in the A (Agricultural) District 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 including:
* OIL AND GAS STORAGE FACILITIES
* OIL AND GAS SUPPORT AND SERVICE
* Open pit MINING and materials processing, subject to the provisions of Section
44.
• Asphalt and concrete batch plants
* Coal gasification facilities
* MINING or recovery of other mineral deposits located in Weld county, subject
to the provisions of Section 44, Open Mining.
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 facilities (includes hangars. landing trips,
fertilizer storage facilities,insecticide storage facilities,fuel storage facilities,and
OFFICES ACCESSORY to the crop dusting or spraying operation).
* Farm equipment sales, repair, and installation facilities.
* Veterinary clinics or hospitals.
* Grain and feed sales.
* 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 ten- thousand (10,000) gallons per year or the
sale or loan of alcohol occurring to any other person not involved in the alcohol
production operation.
• Animal waste recycling or processing facilities.
" Custom meat processing.
* LIVESTOCK sale barns and facilities.
* Forage dehydration facilities.
1111111 11111 111111 III 1111111 Iill 1111111 III 111111 III IIII 992063
2718054 09/02/1999 11:248 Weld County CO
ORD89-JJ
109 of 219 R 0.00 D 0.00 JD Suit! Tsukamoto
* 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, Drive-In
Theaters.
* Golf courses.
* Shooting ranges, subject to the provisions of Section 45.3, Outdoor Shooting
Ranges.
* Guest farms and hunting lodges.
* Fairgrounds.
* PUBLIC, commercial, or private tent or RECREATIONAL VEHICLE camping
areas.
31.4.4 Public Utilities facility including:
* Equipment storage or repair facilities, subject to the provisions of Section 45.8,
Public Utilities Facilities.
* Storage tanks,subject to the provisions of Section 45.8,Public Utilities Facilities.
* MAJOR FACILITIES OF PUBLIC UTILITIES OR PUBLIC AGENCIES, subject
to the provisions of Section 45.8, Public Utilities Facilities.
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 JUNKYARDS or salvage YARDS.
31.4.8 KENNELS, subject to the additional requirements of Section 45.6, Kennels.
31.4.9 Solid Waste Disposal sites and facilities, subject to the additional requirements of
Section 45.4, Solid Waste Sites and Facilities or Hazardous Waste Disposal Sites.
31.4.10 Keeping, raising or boarding of EXOTIC ANIMALS.
31.4.11 One or more microwave, radio, television, or other communication transmission or
relay tower over seventy( 70) feet in height per LOT.
31.4.12 ONE (1) SINGLE-FAMILY DWELLING UNIT per LOT other than those permitted
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.
31.4.16 ACCESSORY BUILDINGS with GROSS FLOOR AREA larger than
4% (four percent)of the total lot area, as detailed in Section 31.3 of this Ordinance,
per BUILDING on LOTS in an approved or recorded subdivision plat or LOTS part
of a map or plan field prior to adoption of any regulations controlling subdivisions.
111111111111 HMI III 1111111IIIIMIDI III 111111 IIII 992063
2718054 09/02/1999 111:24A Weld County CO ORD89-JJ
110 of 219 R 0.00 D 0.00 JA Suitt Tsukamoto
31.4.17 ANIMAL BOARDING where the maximum number of ANIMAL UNITS permitted in
Section 31.5.4 are exceeded and/or the traffic that is generated by the boarding
activity exceeds sixty(60)trips per day to and from the property.
31.4.18 Any use permitted as a Use by Right, an ACCESSORY USE, or a Use by Special
Review in the COMMERCIAL or Industrial zone districts provided the property is not
a LOT in an approved or recorded subdivision plat or LOTS parts of a map or plan
filed prior to adoption of any regulations controlling subdivisions. PUD development
proposals shall not be permitted to use the special review permit process to develop.
31.4.19 CHILD CARE CENTER.
31.4.20 BED AND BREAKFAST FACILITY.
31.4.21 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(Agricultural) District.
31.5 Bulk Requirements. The following lists the Bulk Requirements for the A
(Agricultural) District.
31.5.1 Minimum LOT size
Irrigated eighty(80) acres
Dry eighty (80) acres
31.5.2. Minimum SETBACK twenty(20) feet
31.5.2.1 Fences are not required to comply with the minimum SETBACK and may be located
on the property line. Fences located on corner lots abutting public rights-of-way shall
not obstruct the view of vehicular traffic at an intersection.
31.5.3 Minimum OFFSET: Three(3)feet, or one foot for each three(3)feet for BUILDING
HEIGHT, whichever is greater.
31.5.3.1 Fences are not required to comply with the minimum OFFSET and may be located
on the property line.
31.5.4 Maximum number of ANIMAL UNITS permitted per acre:four(4)per acre or portion
thereof.
31.5.5 No BUILDING or STRUCTURE shall be constructed within a 350 foot radius of any
OIL AND GAS PRODUCTION FACILITIES. Any construction within a 350 foot
radius of OIL AND GAS PRODUCTION FACILITIES shall require a variance from
the terms of this Ordinance in accordance with Section 61.3.
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 the COUNTY with areas in which to locate and establish
residential land USES and land USES that are compatible with residential areas. The Residential
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.
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 the
11111111111111111 III 11111111111111111 III 111111 III liii 992063
2718054 09/02/1999 11:24A Weld County CO ORD89-JJ
111 of 219 R 0.00 D 0.00 JA Suki Tsukamoto
COUNTY for SINGLE FAMILY residential USE that are located, designed, and
developed in compliance 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, an no BUILDING or STRUCTURE shall hereafter be erected, structurally
altered, enlarged, or maintained in the R-1 District except for one(1)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 50, Overlay Districts.
32.2.2.1 One (1) SINGLE FAMILY DWELLING per LEGAL LOT, said SINGLE FAMILY
DWELLING shall be connected to and served by a PUBLIC WATER system and a
PUBLIC SEWER system. This requirement does not apply to any LEGAL LOT
created 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.
32.2.3 Accessory 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 District. Such BUILDINGS,
STRUCTURES, and USES must be designed, constructed, and operated in
conformance with the Bulk Requirements contained in Section 32.7. ACCESSORY
USES within the R-1 District are also subject to the additional requirements
contained in Section 40,Supplementary District Regulations and Section 50,Overlay
Districts. Note: The combined GROSS FLOOR AREA of all ACCESSORY
BUILDINGS constructed after the original effective date of this Ordinance(August
25, 1981)on LOTS in an approved or recorded subdivision plat or LOTS part of a
map or plan filed prior to adoption of any regulations controlling subdivisions of less
than ten (10) acres shall not exceed 4% (four percent) of the total lot area, except
in the Mixed Use Development Area (MUD), which shall adhere to MUD
development standards. However, in no case shall such an accessory building
exceed twice the GROSS FLOOR AREA of the primary residence on the lot except
by variance. Any accessory structure made non-conforming by application of this
subsection may be repaired, replaced or restored in total.
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, Skins.
32.2.3.4 HOME OCCUPATIONS.
32.2.3.5 Service BUILDINGS and facilities.
32.2.3.6 Storage of those vehicles, or parts thereof,which are defined in Section 42-12-101,
CRS, as amended, and are SCREENED; and/or the storage of no more than two
vehicles which regardless of their condition and/or classification as DERELICT
1111111 11111 111111 ��I11111111 ���� 1111111 III 111111BIB 992063
2718054 09/02/1999 11:24A Weld County CO ORD89-JJ
112 of 219 R 0.00 D 0.00 JA Suit! Teukamoto
VEHICLES, have been operated at any time during the past one year period in a
sanctioned or sponsored race, derby, or event and are SCREENED.
32.2.3.7 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 requirements 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.
32.2.4.6 OIL OR GAS PRODUCTION FACILITIES.
32.2.4.7 ACCESSORY BUILDINGS with GROSS FLOOR AREA larger than 4% (four
percent) of the total lot area, as detailed in Section 32.2.3 of this Ordinance, per
BUILDING on LOTS in an approved or recorded subdivision plat or LOTS part or a
map or plan filed prior to adoption of any regulations controlling subdivisions.
32.2.4.8 CHILD CARE CENTER
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 the
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 municipalities. 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 District.
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. This
requirement does not apply to any LEGAL LOT created prior to the enactment date
of this Ordinance.
32.3.2.3 PUBLIC parks and PUBLIC recreation areas.
32.3.2.4 PUBLIC SCHOOLS.
111111 HMI 111111 III 1111111 III' 1111111 MINI III IIII 992063
2718054 09/02/1999 11:24A Weld County CO ORD89-JJ
113 of 219 R 0.00 D 0.00 JA Sukl Tsukamoto
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 as they are clearly incidental and
ACCESSORY to the Uses Allowed by Right in the R-2 District. Such BUILDING,
STRUCTURES and USES must be designed, constructed, and operated in
conformance with the Bulk Requirements contained 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. Note: The combined GROSS FLOOR AREA of all ACCESSORY
BUILDINGS constructed after the original effective date of this Ordinance(August
25, 1981) on LOTS in an approved or recorded subdivision plat or LOTS part of a
map or plan filed prior to adoption of any regulations controlling subdivisions of less
than ten (10)acres shall not exceed 4% (four percent)of the total lot area, except
in the Mixed Use Development Area (MUD), which shall adhere to MUD
development standards. However, in no case shall such an accessory building
exceed twice the GROSS FLOOR AREA of the primary residence on the lot except
by variance. Any accessory structure made non-conforming by application of this
subsection may be repaired, replaced or restored in total.
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 accordanc.a the requirements 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 the
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 nonresidential 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
to and served by a PUBLIC WATER system and a PUbLIC SEWER system. This
requirement does not apply to any LEGAL LOT created 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.
11111111111111111 III 1111111 IIII 1111111 III 111111 III IIII 992063
2718054 09/02/1999 11:248 Weld County CO 3 ORD89-JJ
114 of 219 R 0.00 D 0.00 JR Sukl Taukamoto
32.4.2.5 UTILITY SERVICE FACILITIES.
32.4.3 Accessory 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 District. Such BUILDINGS,
STRUCTURES, and USES must be designed, constructed, and operated in
conformance with the Bulk Requirements contained 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. Note: The combined GROSS FLOOR AREA of all ACCESSORY
BUILDINGS constructed after the original effective date of this Ordinance(August
25, 1981) on LOTS in an approved or recorded subdivision plat or LOTS part of a
map or plan filed prior to adoption of any regulations controlling subdivisions of less
than ten (10) acres shall not exceed 4% (four percent)of the total lot area, except
in the Mixed Use Development Area (MUD), which shall adhere to MUD
development standards. However, in no case shall such an accessory building
exceed twice the GROSS FLOOR AREA of the primary residence on the lot except
by variance. Any accessory structure made non-conforming by application of this
subsection may be repaired, replaced or restored in total.
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 requirements 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 the
COUNTY for high 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-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 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. This requirement does not apply to any LEGAL
LOT created 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.
32.5.2.5 UTILITY SERVICE FACILITIES.
IUD 11111 111111 EMI 1111 1111111 III 111111 III IIII 992063
2718054 09/02/1999 11:24A Weld County CO ORD89-JJ
115 of 219 R 0.00 D 0.00 JA Sukl Tsukamoto
32.5.3 Ac.essory Uses in the R-4 District. The following 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
conformance with the Bulk Requirements contained in Section 32.7. ACCESSORY
USES within the R-4 District shall also be subject to additional requirements
contained in Section 40, Supplementary District Regulations and Section 50,
Overlay Districts. Note: The combined GROSS FLOOR AREA of all ACCESSORY
BUILDINGS constructed after the original effective date of this Ordinance(August
25, 1981)on LOTS in an approved or recorded subdivision plat or LOTS part of a
map or plan filed prior to adoption of any regulations controlling subdivisions of less
than ten (10)acres shall not exceed 4% (four percent)of the total lot area, except
in the Mixed Use Development Area (MUD), which shall adhere to MUD
development standards. However, in no case shall such an accessory building
exceed twice the GROSS FLOOR AREA of the primary residence on the lot except
by variance. Any accessory structure made non-conforming by application of this
subsection may be repaired, replaced or restored in total.
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
requirements 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. No land, BUILDING or STRUCTURE shall be USED,
changed in USE or type of occupancy, DEVELOPED, erected, constructed,
reconstructed, moved or structurally altered or operated in the R-4 District until a Site
Plan Review has been approved by the Department of Planning Services. It shall
be necessary that the applicant 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. This shall be accomplished through the Site Plan Review application
process.
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 HOME USED for single family residential occupancy. These
areas are intended to be located, designed and developed in compliance with the
Weld County Comprehensive Plan and the MASTER PLANS of affected
municipalities. The R-5 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.
32.6.2 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.
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 served by a PUBLIC
1111111 11111 1111 III 111111111 1111111 III 111111 111111 992063
2718054 09/02/1999 11:248 Weld County CO ORD89-JJ
116 of 219 R 0.00 D 0.00 JR Suki Tsukemoto
WATER system and a PUBLIC SEWER system. This requirement does not apply
to any LEGAL LOT created 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 facility.
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 District. Such BUILDINGS,
STRUCTURES, and USES must be designed, constructed, and operated in
conformance with the Bulk Requirements contained 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
District. Note: The combined GROSS FLOOR AREA of all ACCESSORY
BUILDINGS constructed after the original effective date of this Ordinance(August
25, 1981)on LOTS in an approved or recorded subdivision plat or LOTS part of a
map or plan filed prior to adoption of any regulations controlling subdivisions of less
than ten (10)acres shall not exceed 4% (four percent) of the total lot area, except
in the Mixed Use Development Area (MUD), which shall adhere to MUD
development standards. However, in no case shall such an accessory building
exceed twice the GROSS FLOOR AREA of the primary residence on the lot except
by variance. Any accessory structure made non-conforming by application of this
subsection may be repaired, replaced or restored in total.
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 R-5 District upon approval of a permit in accordance with the requirements 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.
32.7 Bulk Requirements for the R-1, R-2, R-3, R-4, and R-5 Districts. 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. ft.) 6,000 6,000 6,000 6,000 see 32.7.9
32.7.2 Minimum LOT area per
residential STRUCTURE (sq. ft.) 6,000 4,500 4,500 3,000
32.7.3 Minimum LOT area/unit(sq. ft.) 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.
32.7.5.1 Fences are not required to comply with the minimum OFFSET and may be located
on the property line.
32.7.6 Maximum BUILDING HEIGHT (feet) 30 30 30 45
111111111111111111 NIL 1111 1111111 III 1111111 II EI 992063
2718054 09/02/1999 11:24A Weld County CO ORD89-JJ
117 of 219 R 0.00 D 0.00 JA Sukl Tsukamoto
32.7.7 Maximum LOT coverage (%) 50 60 60 70
32.7.8 Maximum number of ANIMAL
UNITS permitted per LOT Two (2) per LOT. Subject to the additional
requirements of Section 47, Livestock Feeding
Performance Standards. ANIMAL UNITS are not
permitted in the R-2, R-3, R-4, and R-5 zone
districts.
REQUIREMENT R-5 R-5
(MOBILE HOME PARK) (MOBILE HOME SUBDIVISION)
32.7.9 Minimum LOT area (sq. ft.) N/A 6,000
32.7.10 Minimum LOT width (feet) N/A 50
32.7.11 Minimum SETBACK See Sections 32.7.11.1 See Sections 32.7.11.1
OFFSET (feet) and 32.7.12.1 and 32.7.12.2
32.7.11.1 Thq minimum front yard SETBACK in MOBILE HOME PARKS and MOBILE HOME
SUBDIVISIONS shall be twenty (20) feet. The minimum front yard setback for
MOBILE HOME PARKS approved prior to January 25, 1978, and MOBILE HOME
SUBDIVISIONS approved prior to January 1, 1965, shall be zero feet. The location
in these parks and subdivisions for MOBILE HOMES shall be such that no MOBILE
HOME or attached portion of a MOBILE HOME will encroach the nearest travel land
or the ADJACENT 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 distance between MOBILE HOME units measured from the closest
point or edge of the MOBILE HOME as follows:
32.7.12.1.1 Ten (10) feet between MOBILE HOMES if the units are placed end (width) to end
(width).
32.7.12.1.2 Fifteen (15) feet between MOBILE HOMES if the units are placed side (length) to
side (length).
32.7.12.1.3 Twelve and one half(12.5) feet between MOBILE HOMES if the units are placed
side (length) to end (width).
32.7.12.1.4 Fo; the purpose of this section,the ends(width)of MOBILE HOMES that are greater
than sixteen (16) feet 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 five(5)feet 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 ten (10) feet from any
STRUCTURE or MOBILE HOME on any other LOT.
32.7.12.1.7 Commonly owned or utilized BUILDINGS which are accessory to the park shall have
a minimum clearance of ten (10) feet from any other STRUCTURE or MOBILE
1111111 11111 11111 III Milli 1111111 III IOW 111111 992063
2718054 09/02/1999 11:24R Weld County CO ORD89-JJ
118 of 219 R 0.00 D 0.00 JR Suit! Tsukamoto
HOME.
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 seven and one
half(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 five (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 sixteen (16)feet in width shall be considered to be sides(lengths)of MOBILE
HOMES for the purpose 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 five (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 ten (10)feet.
32.7.12.2.6 No BUILDING or STRUCTURE shall be constructed within a 350 foot radius of any
OIL AND GAS PRODUCTION FACILITIES. Any construction within a 350 foot
radius of OIL AND GAS PRODUCTION FACILITIES shall require a variance from
the terms of this Ordinance in accordance with Section 61.3.
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 the COUNTY which meet the
needs of the COUNTY residents and visitors for goods and services,without 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 the
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 undesirable impacts of the allowed commercial USES on
the NEIGHBORHOOD in which they are located.
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 compliance with the performance standards contained in Section 33.6. No outside
storage will be allowed in the C-1 District. USES within the C-1 District shall also be
subject to additional requirements contained in Section 40 Supplementary District
Regulations and Section 50, Overlay Districts.
33.2.2.1 Stores and shops which furnish personal services and merchandise primarily
intended for personal, family, or household purposes by the residents of the area in
111111111111Mtn �Iiiill Iill1111111III1111111111111 992063
2718054 09/02/1999 11:24A Weld County CO ORD89-JJ
119 of 219 R 0.00 D 0.00 JA Sukl Teukamoto
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 business 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 premises or
RESTAURANT operations that are predominantly off-premise consumption in
nature.
33.2.2.3 SCHOOL, 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 OF FICES, but not including INDIVIDUAL OFFICES with a GROSS FLOOR AREA
over three thousand (3,000) square feet.
33.2.2.7 UTILITY SERVICE FACILITIES.
33.2.3 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 to the USES Allowed by Right. Such BUILDINGS, STRUCTURES
and USES must be designed, constructed, 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 requirements contained in Section 40,
Supplementary District Regulations and Section 50, Overlay Districts.
33.2.3.1 Parking areas or STRUCTURES for USE by employees, 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 principal USE and ACCESSORY USE
to be larger than permitted for the principal USE.
33.2.3.4 One (1) SINGLE FAMILY DWELLING UNIT when USED as living quarters for the
proprietor,employee(s),caretaker(s),or security personal responsible for operating,
maintaining or guarding the property where such DWELLING UNIT is ENCLOSED
within the PRINCIPAL BUILDING.
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 requirements 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 communication towers over forty-five(45)feet
111111111111111111 ��I1111111 ���� 1111111 ��� 1111111 �� 1111 992063
2718054 09/02/1999 11:24A Weld County CO ORD89-JJ
120 of 219 R 0.00 D 0.00 JO Sukl Tsukamoto
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)
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 ACCESSORY USE in the C-1
District.
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.
33.2.4.6 OFFICES with GROSS FLOOR AREA larger than three thousand (3,000) square
feet.
33.2.4.7 OIL OR GAS PRODUCTION FACILITIES.
33.2.4.8 One (1) MOBILE HOME when USED as living quarters for the proprietor,
employees, caretakers or security personnel responsible for operating, maintaining
or guarding the property subject to the provisions of Section 43.3, MOBILE HOMES
in C (COMMERCIAL) or I (Industrial) Districts.
33.2.5 Site Plan Review Required. No land, BUILDING or STRUCTURE shall be USED,
changed in USE or type of occupancy, DEVELOPED, erected, constructed,
reconstructed, moved or structurally altered or operated in the C-1 District until a Site
Plan Review has been approved by the Department or Planning Services. It shall
be necessary that the applicant in the C-1 District certify and state that the
performance standards and district requirements that are applicable to the
DEVELOPMENT and USES of property zoned C-1 have been or shall be complied
with according to the intent of Section 23, Site Plan Review. This shall be
accomplished through the Site Plan Review application process. Uses listed in
Section 33.2.4 as Uses by Special Review in the C-1 District shall be exempt from
the Site Plan Review process and shall make application for approval of a permit in
accordance with the requirements and procedures set forth in Section 24, Uses by
Special 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 established and preserve areas for activities which
provide goods and services to the residents or areas larger than a local
NEIGHBORHOOD. The C-2 Districts shall be located, designed, and operated in
a manner that minimizes the undesirable 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 BUILDINGS, 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 complained
with the performance standards contained in Section 33.6, Performance Standards.
111111 11111 111111 III 1111111 M 1111111 III 1111111 Hill 992063
2718054 09/02/1999 11:24A Wald County CO ORD89-JJ
121 of 219 R 0.00 0 0.00 JA Sukl Tsukamoto
No outside storage will be allowed in the C-2 District. 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.
33.3.2.1 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 on thousand (1,000).
33.3.2.6 Establishments for the sale and care of HOUSEHOLD 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 restoration of small electrical equipment and
appliances such as radios,television sets,business office machines,and household
appliances.
33.3.2.10 Private and COMMERCIAL RECREATIONAL FACILITIES.
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.
33.3.2.14 ADULT BUSINESS,SERVICE,or ENTERTAINMENT ESTABLISHMENT subject to
the provisions of Section 91, Adult Business, Services, or Entertainment
Establishment.
33.3.2.15 One microwave, COMMERCIAL radio, television, or other communication
transmission or relay towers seventy(70)feet or less in height per LOT. (measured
from ground level)
33.3.3 Accessory Uses in the C-2 District. The following 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, STRUCTURES,
and USES must be designed, constructed, and operated in conformance with the
Performance Standards contained in Section 33.6. 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 employees, 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
and 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 1-1.
11111111111111111 III 1111111 IN 1111111 III 1111111 II IIII 992063
2718054 09/02/1999 11:24R Weld County CO ORD89-JJ
122 of 219 R 0.00 O 0.00 JR Suki Tsukamoto
33.3.3.3 Storage BUILDINGS for materials USED in the conduct of the Use Allowed by Right.
33.3.3.4 One (1) SINGLE FAMILY DWELLING UNIT when USED as living quarters for the
proprietor, employee(s), caretaker(s), or security personnel responsible for
operating, maintaining or guarding the property where such DWELLING UNIT IS
ENCLOSED within the PRINCIPAL BUILDING.
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 requirements of
Section 24, Uses by Special Review.
33.3.4.1 Microwave, COMMERCIAL radio, television, or other communication transmission
or relay towers over seventy(70)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).
33.3.4.3 Gasoline service stations.
33.3.4.4 OIL AND GAS PRODUCTION FACILITIES.
33.3.4.5 One (1) MOBILE HOME when USED as living quarters for the proprietor,
employee(s), caretaker(s) or security personnel responsible for operating,
maintaining or guarding the property subject to the provisions of Section 43.3,
MOBILE HOMES in C (Commercial) or I (Industrial) Districts.
33.3.4.6 More than one microwave,COMMERCIAL radio,television,or other communication
transmission or relay tower per LOT.
33.3.5 Site Plan Review Required. No land, BUILDING or STRUCTURE shall be USED,
changed in USE or type of occupancy, DEVELOPED, erected, constructed,
reconstructed,moved or structurally altered or operated in the C-2 District until a Site
Plan Review has been approved by the Department of Planning Services. It shall
be necessary that the applicant in the C-2 District certify and state that the
performance standards and district requirements 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. This shall be
accomplished through the Site Plan Review application process. Uses listed in
Section 33.3.4 as Uses by Special Review in the C-2 District shall be exempt from
the Site Plan Review process and shall make application for approval of a permit in
accordance with the requirements and procedures set forth in Section 24, Uses by
Special 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 manager that the design and operation standards contained in Section 33.6,
Performance Standards, are met.
33.3.7 Bulk 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 generating 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.
111111111111111111 MIME IIII1111111III1111111111111 992063
2718054 09/02/1999 11:24A Weld County CO 7 ORD89-JJ
123 of 219 R 0.00 D 0.00 JA Suitt Tsukemoto
33.4.2 Uses Allowed by Right in the C-3 District. No BUILDINGS, STRUCTURES, 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 Performance
Standards contained in Section 33.6, Performance Standards. 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.
33.4.2.1 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.
33.4.2.10 Equipment or appliance repair shops.
33.4.2.11 CONTRACTOR'S SHOPS.
33.4.212 Headquarters or service facilities for ambulance services,taxi services,bus services
and other services involving the transportation of people.
33.4.2.13 COMMERCIAL or private PARKING LOTS.
33.4.2.14 TEMPORARY facilities for the sale of fireworks and Christmas trees.
33.4.3 Accessory Uses in the C-3 District. The following 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, STRUCTURES,
and USES must be designed, constructed and operated in conformance with the
Performance Standards contained in Section 33.6, Performance Standards.
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,
CA, or I-1;
33.4.3.3 One (1) MOBILE HOME when USED as living quarters for caretaker(s) or security
1111111 Milli III 1111111 Milli II IIII 992063
2718094 09/02/1999 11:24R Weld County CO ORD89-JJ
,oa ae oto R 9.00 D 0.00 JA Suitt Tsukamoto
personnel responsible for maintaining or guarding the property, subject to the
provisions of Section 43.3, MOBILE HOMES in(C)COMMERCIAL or(I )Industrial
Districts.
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 requirements of
Section 24, Uses by Special Review.
33.4.4.1 Microwave, COMMERCIAL radio, television, or other communication transmission
or relay towers over seventy(70)feet in height(measured from ground level.
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, Performance Standards 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 COMMERCIAL JUNKYARD or salvage YARD .
33.4.5 Site Plan Review Required. No land BUILDING or STRUCTURE shall be USED,
changed in USE or type of occupancy, DEVELOPED, erected, constructed,
reconstructed,moved or structurally altered or operated in the C-3 District until a Site
Plan Review has been approved by the Department of Planning Services. It shall
be necessary that the applicant in the C-3 District certify and state that the
performance standards and district requirements 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. This shall be
accomplished through the Site Plan Review application process. Uses listed in
Section 33.4.4 as Uses by Special Review in the C-3 District shall be exempt from
the Site Plan Review process and shall make application for approval of a permit in
accordance with the requirements and procedures set forth in Section 24, Uses by
Special 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 manager 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 located.
33.5.2 USES by Right in the C-4 District. No BUILDINGS, STRUCTURES, 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 Performance
Standards contained in Section 33.6, Performance Standards. USES within the C-4
District shall also be subject to additional requirements contained in Section 40,
1111111 11111 111111111 VI1I1I III 1111111 III 1111111 111111 992063
2718054 09/02/1999 11:248 Meld County CO 9 ORD89-JJ
125 of 219 R 0.00 D 0.00 JA Suitt Taukamoto
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 SCHOOL extension classes.
33.5.2.5 UTILITY SERVICE FACILITIES.
33.5.2.6 Police and Fire Stations or 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, constructed, and operated in conformance with the
Performance Standards contained in Section 33.6, Performance Standards.
ACCESSORY 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.
33.5.3.1 Parking areas or STRUCTURES for USE by employees, customers and company
vehicles so long as such parking area 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.
33.5.3.4 Outdoor STORAGE AREAS so long as 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) MOBILE HOME when USED as living quarters for caretakers or security
personnel responsible for maintaining or guarding the property, subject to the
provisions of Section 43.3, MOBILE HOMES in C (COMMERCIAL) or I (Industrial)
Districts.
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 requirements of
Section 24, Uses by Special Review.
33.5.4.1 Microwave, radio, television or other communication towers over forty-five (45)feet
in height (measured from ground level).
33.5.4.2 OIL AND GAS PRODUCTION FACILITIES.
111111 VIII 111111 III 1111111 III' 1111111 III III' VIII IIII 992063
2718054 09/02/1999 11:248 Weld County CO ORD89-JJ
126 of 219 R 0.00 D 0.00 JR Sukl Tsukamoto
33.5.5 Site Plan Review Required. No land, BUILDING or STRUCTURE shall be USED,
changed in USE or type of occupancy, DEVELOPED, erected, constructed,
reconstructed,moved or structurally altered or operated in the C-4 District until a Site
Plan Review has been approved by the Department of Planning Services. It shall
be necessary that the applicant in the C-4 District certify and state that the
performance standards and district requirements that are applicable to the
DEVELOPMENT and USE of property zoned C-4 have been or shall be complied
with according to the intent of Section 23, Site Plan Review. This shall be
accomplished through the Site Plan Review application process. Uses listed in
Section 33.5.4 as Uses by Special Review in the C-4 District shall be exempt from
the Site Plan Review process and shall make application for approval of a permit in
accordance with the requirements and procedures set forth in Section 24, Uses by
Special 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).
33.6 Performance Standards. All BUILDINGS, STRUCTURES and land located in the Commercial
Districts shall be located,designed, USED and occupied in accordance with the design and operation
standards enumerated below.
33.6.1 Design Standards. The applicant for a building 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 the 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 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 one hundred (100) year storm.
The storm water retention facility 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 requirements see Secton 41.1, Offstreet Parking
Requirements.
33.6.1.3 STREET Access. LOTS in Commercial Districts shall have safe access to an
approved PUBLIC or private STREET. The design designation 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 permitted 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 intersecting an ARTERIAL.
33.6.1.3.3 FRONTAGE or SERVICE ROAD.
11111111111 It III 1111111 IIII 1111111 III IIII 11111 IIII 992063
2718054 09/02/1999 11:24A Weld County CO ORD89-JJ
127 of 219 R 0.00 D 0.00 JA Suki Tsukamoto
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 required by the Weld
County Department of Public Works depending upon the number and type of
vehicles generated by the USE proposed.
size of drainage structure 15" (Fifteen inches) diameter
length of drainage structure 20' (Twenty feet)
depth of cover over pipe 12" (Twelve inches)
width of access, variable 10'-24' (Ten to Twenty four feet)
maximum grade of access 15%(Fifteen percent)
flare radius, variable 20'-40' (Twenty to Forty feet)
depth of surfacing 4" (Four inches)
33.6.1.3.6 Acceleration/deceleration lanes shall be provided where required by the Weld
County Department of Engineering Services or the Colorado Department of
Transportation 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.
33.6.1.4.1.1 Fences over six (6) feet in height are not required to comply with the minimum
SETBACK and may be located on the property line. Fences located on corner LOTS
abutting public right-of-way shall not obstruct the view of vehicular traffic at an
intersection.
33.6.1.4.2 OFFSET. No USE or ACCESSORY USE may be located closer than ten (10) feet
to its LOT line. Off street parking areas may be permitted 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.
33.6.1.4.2.1 Fences over six (6) feet in height are not required to comply with the minimum
OFFSET and may be located on the property line.
33.6.1.5 Required LANDSCAPED Areas
33.6.1.5.1 No more than eight-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.
33.6.1.5.2 That portion of a LOT in any COMMERCIAL District which abuts a PUBLIC or private
STREET right-of-way shall be LANDSCAPED for a distance of ten (10) feet,
measured at a right angle from the LOT line towarrs the interior of the LOT.
Sidewalks and driveways may pass through the required LANDSCAPED areas.
33.6.1.6 Areas USED for trash collection shall be SCREENED from public rights-of-way and
all ADJACENT properties. These areas shall be designed and USED in a manner
that will prevent wind or animal scattered trash.
AIM 11111111111 992063
2718054 09/02/1999 11:24R Wald County CO ORD89-JJ
128 of 219 R 0.00 D 0.00 JA Sukl Tsukamoto
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 COMMERCIAL Districts shall have adequate
sewage disposal facilities.
33.6.1.9 Outside storage. USES in COMMERCIAL Districts involving outdoor storage of
vehicles, equipment, or materials when permitted shall be SCREENED from public
rights-of-way and all ADJACENT properties.
33.6.2 Operation Standards. USES in 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 Commercial Districts shall be located,designed
and operated in accordance with the noise standards as established in 25-12-101
C.R.S., 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 Districts shall be located, designed and
operated in accordance with the water quality control standards established by the
Colorado Water Quality Control Commission.
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 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 as 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 or
reflected light from any light source may create a traffic hazard to operators of motor
vehicles on PUBLIC or private STREETS; and 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 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 owners 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, nonindustrial land USES
to prevent detrimental impacts which may negatively affect the future USE or DEVELOPMENT of
1111111 IIIII 111111 III 1111111‘11 1111111 III 11111 IIII IIII 992063
2718054 09/02/1999 11:24A Weld County CO ORD89-JJ
129 of 219 R 0.00 D 0.00 JR Sukl Tsukamoto
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
the COUNTY. .
34.2 I-1 (Industrial) District
34.2.1 Intent. The purpose of the I-1 District is to provide a zone to accommodate 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, Performance Standards.
34.2.2.1 Any USE of a research, repairing, manufacturing, 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 six
thousand (6,000) pounds so long as such parking areas are SCREENED from the
public rights-of-way or on ADJACENT properties. Unenclosed parking of vehicles
with a gross vehicle weight over six thousand(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, SIGNS.
34.2.2.4 UTILITY SERVICE FACILITIES.
34.2.2.5 PUBLIC SCHOOL extension classes.
34.2.2.6 Police and Fire Stations or Facilities.
34.2.2.7 Disposal of domestic sewage sludge subject to the additional requirements of
Section 48, Domestic Sewage Sludge Regulations.
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 incidental 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, Performance Standards.
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 ADJACENT properties.
34.2.3.3 Parking areas or STRUCTURES for passenger vehicles with a gross vehicle weight
less than six thousand(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) MOBILE HOME when USED as living quarters for caretaker(s) or security
personnel responsible for maintaining or guarding the property, subject to the
provisions of Section 43.3, MOBILE HOMES in C (Commercial) or I (Industrial)
Districts.
34.2.3.5 RECREATIONAL FACILITIES for the USE of persons employed in the conduct or
1 III 11111DRUID 992063
2718054 09/02/1999 11:24R Weld County CO ORD89-JJ
130 of 219 R 0.00 D 0.00 JR Sukl Tsukemoto
maintenance of the USES allowed on the property.
34.2.3.6 Retail sales, when ACCESSORY to USES of manufacturing, fabricating or
assembling.
34.2.3.7 One (1) microwave, COMMERCIAL radio, television, or other communication
transmission or relay tower seventy(70) feet or less in height per LOT.
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
procedures set forth in Section 24, Uses by Special Review.
34.2.4.1 OIL AND GAS PRODUCTION FACILITIES
34.2.4.2 AIRSTRIPS when they are ACCESSORY to the Use Allowed by Right
34.2.4.3 Microwave, COMMERCIAL radio, television, or other communication transmission
or relay towers over seventy(70)feet in height(measured from ground level).
34.2.4.4 More than one (1) microwave, COMMERCIAL radio, television, or other
communication transmission or relay tower per LOT.
34.2.5 Site Plan Review Required. No land, BUILDING or STRUCTURE shall be USED,
changed in USE or type of occupancy, DEVELOPED, erected, constructed,
reconstructed, moved or structurally altered or operated in the I-1 District until a Site
Plan Review has been approved by the Department of Planning Services. It shall
be necessary that the applicant in the I-1 District certify and state that the
performance standards and district requirements that are applicable to the
DEVELOPMENT and USE of property zoned I-1 have been or shall be complied with
according to the intent of Section 23, Site Plan Review. This shall be accomplished
through the Site Plan Review application process. Uses listed in Section 34.2.4 as
Uses by Special Review in the I-1 District shall be exempt from the Site Plan Review
process and shall make application for approval of a permit in accordance with the
requirements and procedures set forth in Section 24, Uses by Special 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.
34.2.7 Bulk Requirements (see Performance Standards, Section 34.5).
34.3 1-2 (Industrial) District
34.3.1 Intent. The purpose of the 1-2 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 1-3 District. The intent is to permit industries which may create
moderate visual impacts.
34.3.2 USES Allowed by Right in the 1-2 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, Performance Standards.
34.3.2.1 Any USE of a research, repairing, manufacturing, fabricating, processing,
1111111 11111 ��� 1111111 ���� 111111111111111 ���� ���� 992063
2718054 09/02/1999 11:24A Wald County CO 5 ORD89-JJ
131 of 219 R 0.00 D 0.00 JA Suitt Tsukamoto
assembling or storage nature may be conducted in the 1-2 District. The USES
identified may be conducted outside of an ENCLOSED building provided that the
USE and/or operations of the USE are SCREENED from ADJACENT public rights-
of-way and ADJACENT properties.
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, Signs.
34.3.2.4 UTILITY SERVICE FACILITIES.
34.3.2.5 PUBLIC SCHOOL extension classes.
34.3.2.6 Police and Fire Stations or Facilities.
34.3.2.7 Disposal of domestic sewage sludge subject to the additional requirements of
Section 48, Domestic Sewage Sludge Regulations.
34.3.3 Accessory Uses in the 1-2 District. The following BUILDINGS, STRUCTURES, and
USES may be allowed in the 1-2 Districts so long as they are clearly incidental and
ACCESSORY to the Use Allowed by Right. Such BUILDINGS,STRUCTURES and
USES must be designed, constructed and operated in conformance with the
Performance Standards set forth in Section 34.5, Performance Standards.
34.3.3.1 OFFICES for use by operators of the Use Allowed 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 1-1.
34.3.3.3 Parking areas or STRUCTURES for vehicles or equipment, so long as the vehicles
or equipment 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 1-1.
34.3.3.4 One (1) MOBILE HOME when USED as living quarters for caretaker(s) or security
personnel responsible for maintaining or guarding the property, subject to the
provisions of Section 43.3, MOBILE HOMES in C (Commercial) or I (Industrial)
Districts.
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 manufacturing, fabricating or
assembling.
34.3.4 USES by Special Review in the 1-2 District. The following BUILDINGS,
STRUCTURES and USES may be constructed, occupied or maintained in the 1-2
District upon the approval of a permit in accordance with the requirements and
procedures set forth in Section 24, Uses by Special Review.
34.3.4.1 OIL AND GAS PRODUCTION FACILITIES.
34.3.4.2 AIRSTRIPS when they are ACCESSORY to the Use Allowed by Right.
34.3.4.3 Microwave, radio, television or other communication towers over forty-five(45)feet
1111111 11111 TIM 1111111 M MAIM 11111 FEB 992063
2718054 09/02/1999 11:24P Weld County CO ORD89-JJ
132 of 219 R 0.00 D 0.00 JA Sukt Tsukamoto
in height(measured from ground level).
34.3.5 Site Plan Review Required. No land, BUILDING or STRUCTURE shall be USED,
changed in USE or type of occupancy, DEVELOPED, erected, constructed,
reconstructed, moved or structurally altered or operated in the 1-2 District until a Site
Plan Review has been approved by the Department of Planning Services. It shall
be necessary that the applicant for a building permit in the 1-2 District certify and
state that the performance standards and district requirements that are applicable
to the DEVELOPMENT and USE of property zoned 1-2 have been or shall be
complied with according to the intent of Section 23, Site Plan Review. This shall be
accomplished through the Site Plan Review application process. Uses listed in
Section 34.3.4 as Uses by Special Review in the 1-2 District shall be exempt from the
Site Plan Review process and shall make application for approval of a permit in
accordance with the requirements and procedures set forth in Section 24, Uses by
Special Review.
34.3.6 Performance Standard Compliance Required. All BUILDINGS,STRUCTURES,and
land located in the 1-2 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 1-3 (Industrial) District.
34.4.1 Intent. The purpose of the 1-3 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 required locations relatively isolated from other land USES types.
34.4.2 Uses Allowed by Right in the 1-3 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, manufacturing, 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, Signs.
34.4.2.3 Parking or vehicles and equipment.
34.4.2.4 UTILITY SERVICE FACILITIES.
34.4.2.5 PUBLIC SCHOOL extension classes.
34.4.2.6 OIL AND GAS PRODUCTION FACILITIES. .
34.4.2.7 Police and Fire Station or Facilities
34.4.2.8 Disposal of domestic sewage sludge subject to the additional requirements of
Section 48, Domestic Sewage Sludge Regulations.
34.4.2.9 Temporary facilities for the sale of fireworks and Christmas trees.
34.4.3 Accessory Uses in the 1-3 District. The following BUILDINGS, STRUCTURES, and
USES may be allowed in the I-3 Districts so long as they are clearly incidental and
11111 X11111 III X111111 �I�I 1111111 III OHM VIII 992063
2718054 09/02/1999 11:24A Weld County CO ?7 ORD89-JJ
133 of 219 R 0.00 D 0.00 JA Suki Tsukamoto
ACCESSORY to the Use 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.
34.4.3.1 OFFICES for USE by operators of the Use Allowed by Right.
34.4.3.2 Loading areas or STRUCTURES.
34.4.3.3 Parking areas or STRUCTURES.
34.4.3.4 One (1) MOBILE HOME when USED as living quarters for caretaker(s) or security
personnel responsible for maintaining or guarding the property, subject to the
provisions of Section 43.3, MOBILE HOMES in C (Commercial) or I (Industrial)
Districts.
34.4.3.5 RECREATION 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 manufacturing, fabricating or
assembling.
34.4.4 Uses by Special Review in the 1-3 District. The following BUILDINGS,
STRUCTURES and USES may be constructed, occupied or maintained in the 1-3
District upon the approval of a permit in accordance with the requirements and
procedures set forth in Section 24, Uses by Special Review.
34.4.4.1 AIRSTRIPS when they are ACCESSORY to the Use Allowed by Right.
34.4.4.2 Microwave, radio, television or other communication towers over forty-five(45)feet
in height(measured from ground level).
34.4.4.3 MAJOR FACILITIES OF PUBLIC UTILITIES.
34.4.4.4 COMMERCIAL JUNKYARD or salvage YARD.
34.4.5 Site Plan Review Required. No land, BUILDING OR STRUCTURE shall be USED,
changed in USE or type of occupancy, DEVELOPED, erected, constructed,
reconstructed, moved or structurally altered or operated in the 1-3 District until a Site
Plan Review has been approved by the Department of Planning Services. It shall
be necessary that the applicant for a building permit in the 1-3 District certify and
state that the performance standards and district requVements that are applicable
to the DEVELOPMENT and USE of property zoned 1-3 have been or shall be
complied with according to the intent of Section 23, Site Plan Review. This shall be
accomplished through the Site Plan Review application process. Uses listed in
Section 34.4.4 as Uses by Special Review in the 1-3 District shall be exempt from the
Site Plan Review process and shall make application for approval of a permit in
accordance with the requirements and procedures set forth in Section 24, Uses by
Special Review.
34.4.6 Performance Standard Compliance Required. All BUILDINGS,STRUCTURES,and
land located in the 1-3 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.
34.4.7 Bulk Requirements (see Performance Standards, Section 34.5).
34.5 Performance Standards. All BUILDINGS, STRUCTURES, and land located in the Industrial District
shall be located, designed, used, and occupied in accordance with the design and operation
11111111111 AIII III1111111ll1111111 992063
2718054 09/02/1999 11:24A Weld County CO -28 ORD89-JJ
134 of 219 R 0.00 D 0.00 .IA Sukl Tsukamoto
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 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.
34.5.1.1 Storm Water Management. 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 facility 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 Requirements.
34.5.1.3 Loading Areas. Loading areas in the Industrial Districts shall be located, designed
and constructed in a manner that is in conformance with the standards below.
34.5.1.3.1 Sufficient space shall be provided in loading areas to accommodate the vehicles
being loaded or unloaded without encroachment upon neighboring property or rights-
of-way. Said loading areas shall be paved.
35.5.1.3.2 Loading areas located within the I-1 and 1-2 Districts shall be designed to comply
wit)the appropriate use regulations under either Section 34.2, 1-1 (Industrial)District
or Section 34.3, 1-2 (Industrial) District.
34.5.1.4 STREET Access. LOTS in the Industrial Districts shall have safe access to an
approved PUBLIC or private STREET. The design designation 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 permitted 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 and Residential
District before intersecting 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 required by the Weld
County Department of Public Works depending upon the number and type of
vehicles generated by the USE proposed.
size of drainage structure 15" diameter(Fifteen inches)
length of drainage structure 20' (Twenty Feet)
depth of cover over pipe 12" (Twelve inches)
width of access, variable 10'-24' (Ten to Twenty four feet)
maximum grade of access 15% (Fifteen percent)
11111 11111 11111 III 1111111 BNB III 11111 IIII IIII 992063
2718054 09/02/1999 1ti:24A Weld County CO ORD89-JJ
135 of 219 R 0.00 D 0.00 JA Suit! Teukemoto
flare radius, variable 20'-40' (Ten to Twenty four feet)
depth of surfacing 4" (Four inches)
34.5.1.5 Acceleration/deceleration lanes where required by the Weld County Department of
Public Works or the Colorado Department of Transportation to provide safe,efficient
access to ARTERIAL or COLLECTOR STREETS.
34.5.1.6 Required YARDS
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.
34.5.1.6.1.1 Fences over six (6) feet in height are not required to comply with the minimum
SETBACK and may be located on the property line. Fences located on corner lots
abutting public right-of-way shall not obstruct the view of vehicular traffic at an
intersection.
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.
34.5.1.6.2.1 Fences over six (6) feet in height are not required to comply with the minimum
OFFSET and may be located on the property line.
34.5.1.7 Required Landscaped Areas
34.5.1.7.1 No more than eighty-five percent(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 from
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 District which abuts a PUBLIC or private
STREET right-of-way shall be landscaped for a distance 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 Areas USED for storage or trash collection shall be SCREENED from ADJACENT
public rights-of-way and ADJACENT properties. These areas shall be designed and
USED in a manner that will prevent wind or animal scattered trash.
34.5.1.9 Water Supply. USES locate din the Industrial Districts shall have an adequate
source of potable water.
34.5.1.10 Sewage Disposal. USES located in the Industrial Districts shall have adequate
sewage disposal facilities.
34.5.2 Operation Standards. USES in the Industrial District 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 standards as established in 25-
12-101 C.R.S., as amended.
1111111 11111 111111 III 1111111 IIII 1111111 III 11111 IIII IIII 992063
2718054 09/02/1999 11:24A Weld County CO ORD89-JJ
138 of 219 R 0.00 D 0.00 JA Sukl Tsukamoto
34.5.2.2 Air Quality. USES in the Industrial District 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 District 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 Material. 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 properties; 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 ; and no colored lights may be used which may be
confused with or construed as traffic control devices.
34.5.2.7 Property Maintenance, Property located within 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 Ordinance. The PUD District is not
intended to be used to circumvent or distort the policies and objectives of the Weld County
COMPREHENSIVE PLAN, the Zoning Ordinance and the Subdivision Ordinance. The objectives of
the PUD (Planned Unit Development) District are to: encourage flexibility and variety in the
DEVELOPMENT 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 features of the DEVELOPMENT area; encourage
an integrated planning approach;and ensure compatibility with COUNTY's COMPREHENSIVE PLAN
and Subdivision Ordinance. The COUNTY is authorized to regulate PUD's by Section 24-67-101,
et. seq., Colorado Revised Statutes,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, Procedures
and Requirements of the Pud District. 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
contained in Section 40,Supplementary District Regulations and Section 50,Overlay
District.
35.2.2 USES within a PUD District shall be described by tract within a PUD District. This
description 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
111111111111111111 III 111111II liii 1111111 III 11111 IIII IIII 992063
2718054 09/02/1999 11:24R Meld County CO ORD89-JJ
137 of 219 R 0.00 D 0.00 JA Suki Teukamoto
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 SCREENING.
35.2.3 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, Procedures and Requirements of the PUD District 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 COMPATIBILITY: The density, design, and location of land USES within and
adjoining a PUD District shall be designed to be compatible with other USES within
and adjoining the PUD District. Compatibility USES shall be determined by
evaluating the general USES, BUILDING height,SETBACK,OFFSET,size,density,
traffic,dust,noise,harmony,character,landscape,SCREENING,health,safety,and
welfare.
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 proportioned
according to the type of USES,BUILDINGS 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. A PUD District with residential USES shall be
served with a PUBLIC WATER system.
35.3.4 Circulation. DEVELOPMENT within a PUD District shall be designed and
constructed to include adequate, safe and convenient arrangements for pedestrian
and vehicular circulation, 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 requirements of the Official Weld County Construction
Standards and the Official Weld County Subdivision Ordinance.
35.3.5 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 operation 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 MINING USES within a PUD District will not cause injury to vested or conditional
water rights. If the USE may result in injury to vested or-onditional water rights,the
Applicant shall either present an agreement with a water conservancy district or
water user group which encompasses the location of the use within its boundaries,
HBO 11111 11111 III IIIIIIII IIII 1111111 III 111111 III HI 992063
2718054 09/02/1999 11:248 Weld County CO ORD89-JJ
138 of 219 R 0.00 D 0.00 JR Suitt Tsukamoto
a plan of exchange or substitute supply approved by the State Engineer or a decreed
plan for augmentation approved by the District Court for Water Division No. 1,which
prevents injury to vested and conditional water rights.
35.3.8 A PUD District and any part thereof which has been approved as a PUD Plan shall
be considered as being in compliance with the Official Weld county Subdivision
Ordinance and 30-28-101, et seq., CRS, as amended. The Design Standards and
Improvement Agreements of the Subdivision Ordinance shall be utilized when
applicable to the PUD Plan review and DEVELOPMENT. Certain PUD Plan
requirements may differ from those specifically listed in the official Weld County
Subdivision Ordinance.
35.3.9 To further the mutual interest of the residents, occupants,and owners of a PUD and
of the public in the preservation of the integrity 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 the 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.
35.4 Site Plan Review Required. No USES within a PUD District which woulu require a Site Plan Review
in the Commercial, Industrial,or R-4 zone districts shall occur or be operated in the PUD District until
a Site Plan Review has been approved by the Department of Planning Services. It shall be necessary
for the applicant in the PUD District to certify and state that the performance standards for the
DEVELOPMENT and USE of property zoned PUD have been or shall be complied with according to
the intent of Section 23, Site Plan Review. This shall be accomplished through the Site Plan Review
application process.
35.5 Performance Standard Compliance Required. All BUILDINGS, STRUCTURES, and land located in
the PUD District shall be located,designed, USED,and occupied in such a manner that the standards
contained in Section 35.3, Performance Standards, are met.
36 E (Estate) District
36.1 Intent of the E(Estate) District. The E (Estate) District is intended to provide the present and future ro_
residents of the COUNTY with areas in which to locate and establish residential land USES and land It —
USES that are compatible with residential areas. The Estate District is intended to be located, o mam
designed,and developed in a manner that is compafible with the COUNTY COMPREHENSIVE PLAN •^ate
and the adopted MASTER PLANS of affected municipalities. K �
(0 0
36.2 Uses Allowed by Right in the E (Estate) District A N•
ea
•
36.2.1 Uses Allowed by Right in the E (Estate) District. No BUILDING, STRUCTURE or m ei
land shall be USED, and no BUILDING or STRUCTURE shall hereafter be erected, 0 eall
structurally altered, enlarged, or maintained in the E(Estate) District except for one B r,Ws-
or pore of the following USES. Land in the E (Estate) District must be USED in m i;3 -
compliance with the Bulk Requirements contained in Section 36.3 USES within the m n—
E(Estate)District are subject to the additional requirements contained in Section 40, a s•
Supplementary District Regulations and Section 50, Overlay Districts. ° a
xo �
36.2.1.1 One (1) SINGLE FAMILY DWELLING per LEGAL LOT. The SINGLE FAMILY `•
DWELLING shall be connected to and served by a PUBLIC WATER system and an q S
adequate sewage disposal system. The sewage disposal system shall comply with x.
the Weld County Individual Sewage Disposal Regulations. Evidence that PUBLIC a n —
WATER and an adequate sewage disposal system are available to the LEGAL LOT :c_
shall be provided prior to the issuance of a building permit. o _—
36.2.1.2 One(1)MANUFACTURED HOME per LEGAL LOT. The MANUFACTURED HOME
992063
30-33 ORD89-JJ
shall be connected to and served by a PUBLIC WATER system and an adequate
sewage disposal system. The sewage disposal system shall comply with the Weld
County Individual Sewage Disposal Regulations. Evidence that PUBLIC WATER
and an adequate sewage disposal system are available to the LEGAL LOT shall be
provided prior to the issuance of a building permit.
36.2.1.3 FARMING, RANCHING, and GARDENING.
36.2.1.4 PUBLIC parks and PUBLIC recreation areas.
36.2.1.5 PUBLIC SCHOOLS, and PUBLIC SCHOOL extension classes.
36.2.1.6 Police and Fire Stations or Facilities.
36.2.1.7 UTILITY SERVICE FACILITIES.
36.2.2 Accessory Uses in the E (Estate) District. The following BUILDINGS,
STRUCTURES,and USES shall be allowed in the E(Estate)District so long as they
are clearly incidental and ACCESSORY to the Uses Allowed by Right in the E
(Estate) District. Such BUILDINGS, STRUCTURES,and USES must be designed,
constructed,and operated in conformance with the Bulk Requirements contained in
Section 36.3, Bulk Requirements for the E (Estate) District. ACCESSORY USES
within the E (Estate) District are also subject to the additional requirements
contained in Section 40,Supplementary District Regulations and Section 50,Overlay
Districts.
36.2.2.1 Garages, carports, and parking areas.
36.2.2.2 Swimming pools, tennis courts and similar RECREATIONAL FACILITIES.
36.2.2.3 SIGNS, in accordance with the provisions of Section 42, Signs.
36.2.2.4 HOME OCCUPATIONS.
36.2.2.5 Service BUILDINGS and facilities.
36.2.2.6 Any other STRUCTURE or USE clearly incidental and ACCESSORY to a Use
Allowed by Right in the E (Estate) District. ..a—
ma
ns
36.2.3 Uses by Special Review in the E (Estate) District. The following BUILDINGS, a m
STRUCTURES,and USES may be constructed,occupied,operated,and maintained -4 p
in the E (Estate) District upon approval of a permit in accordance with the bats-
requirements and procedures set forth in Section 24, Uses by Special Review. �—
ANE
36.2.3.1 HOSPITAL, nursing home, and rehabilitation center. is LI MN
m��
CO CO
36.2.3.2 Private SCHOOL. o
61
36.2.3.3 Church. m N�
BA
a�
36.2.3.4 PRIVATE RECREATIONAL FACILITY. a
--
36.2.3.5 KENNEL, subject to the additional requirements of Section 45.6, Kennels. x r1NUM
n�
o
36.2.3.6 CHILD CARE CENTER. VI
r�
x• < �
36.2.3.7 Keeping, raising, boarding or EXOTIC ANIMALS. 3 cam
O 0••••
o
o
mom
992063
30-34 ORD89-JJ
36.2.3.8 HOME BUSINESS.
36.2.3.9 OIL AND GAS PRODUCTION FACILITIES.
36.2.3.10 USES similar to the USES listed above as Uses by Special Review as long as the
USE complies with the general intent of the E (Estate) District.
36.3 Bulk Requirements for the E(Estate) District. The following tables list the bulk requirements for the
E (Estate) District.
REQUIREMENT E (Estate) District
36.3.1 Minimum LOT size 2.5 acres
36.3.2 Maximum LOT size 20 acres
36.3.3 Minimum SETBACK 20 feet
36.3.4 Minimum OFFSET 20 feet
36.3.5 Minimum OFFSET for residences when 40 feet
ADJACENT to the A(Agricultural)zone district
36.3.6 Fences over six(6) feet in height are not
required to comply with the minimum OFFSET
and may be located on the property line.
36.3.7 Maximum BUILDING HEIGHT 40 feet
36.3.8 Maximum number of ANIMAL UNITS One per acre not to exceed
eight(8)ANIMAL UNITS
per LOT
36.3.9 Minimum square footage of SINGLE FAMILY 1,200 square feet
DWELLING or MANUFACTURED HOME
36.3.10 The combined GROSS FLOOR AREA of all ACCESSORY BUILDINGS constructed
after the original effective date of this Ordinance(August 25, 1981)on LOTS in an
approved or recorded subdivision plat or LOTS part of a map or plan filed prior to
adoption of any regulations controlling subdivisions of;mss than ten(10)acres shall
not exceed 4% (four percent) of the total lot area, except in the Mixed Use
Development Area (MUD), which shall adhere to MUD development standards.
However, in no case shall such an accessory building exceed twice the GROSS
FLOOR AREA of the primary residence on the lot except by variance. Any
accessory structure made non-conforming by application of this subsection may be
repaired, replaced or restored in total.
36.3.11 Exterior portions of all ACCESSORY BUILDINGS, including the roof, shall be
constructed of non-reflective materials.
36.3.12 No BUILDING or STRUCTURE shall be constructed within a 350 foot radius of any
OIL AND GAS PRODUCTION FACILITIES. Any construction within a 350 foot
radius of OIL AND GAS PRODUCTION FACILITIES shall require a variance from
the terms of this Ordinance in accordance with Section 61.3.
1111111 1111 11111 III 111111 TRIM III 111111 III 111 992063
2718054 09/02/1999 11:24A Meld County CO ORD89-JJ
141 of 219 R 0.00 D 0.00 JA Suitt Tsukamoto
TABLE OF CONTENTS
SECTION PAGE
40 SUPPLEMENTARY DISTRICT REGULATIONS 40-1
41 OFFSTREET PARKING AND LOADING
REQUIREMENTS 40-1
42 SIGNS 40-4
43 MOBILE HOMES 40-6
44 OPEN-MINING 40-17
45 SUPPLEMENTARY REGULATIONS FOR
CERTAIN USES BY SPECIAL REVIEW 40-23
46 MANUFACTURED HOMES 40-27
47 LIVESTOCK FEEDING PERFORMANCE STANDARDS 40-28
48 DOMESTIC SEWAGE SLUDGE REGULATIONS 40-29
49 DOMESTIC SEPTIC SLUDGE REGULATIONS 40-37
111111 1111 1111 III 1111111 IIII 1111111 III 111111 III IIII
2718054 09/02/1999 11:248 Weld County CO
142 of 219 R 0.00 D 0.00 JR Sukl Tsukemoto
992063
ORD89-JJ
40 Supplementary District Regulations
41 Offstreet Parking and Loading Requirements
41.1 Offstreet Parking Required. The location, design, construction and number of spaces required for
Offstreet 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 off-street parking requirements exist is
confined to a single LOT, the off-street parking spaces shall be within that LOT or
on a different 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 off-street 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 Off-street 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 Off-street Parking Spaces
41.1.2.1 Off-street parking areas for passenger vehicles shall be designed and constructed
in compliance 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
45° 9 19.8 13 12.7 1.4
60° 9 21 18 10.4 1.7
90° 9 19 24 9 2.0
41.1.2.2 In off-street parking areas for passenger vehicles with ten (10) or more spaces,
10%of the spaces may be for small cars. The dimensions 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 Off-street 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 off-street parking spaces shall be arranged so as to minimize
illumination onto adjoining residential USES and so as to prevent glare directed at
vehicles on STREETS and ALLEYS.
11111111111111111 ICI 1111111 IIII 1111111 H� NMI MIL 992063
2718094 09/02/1999 11246 Weld County CO ORD89-JJ
143 of 219 R 0,00 D 0.00 JR Suki Tsukamoto
41.1.3 Number of Off-street Parking Spaces Required.The minimum number of off-street
pa king spaces for the type of land USE is as follows:
USE NUMBER OF SPACES
Banks, business professional One (1) space/three hundred (300)
and public OFFICES sq. ft. GROSS FLOOR AREA
Bowling alleys Four(4) spaces/each alley
Churches or places of worship One (1) space/Four(4) seats of rated
seating capacity
DWELLING UNITS, DUPLEX Two(2) for each LIVING UNIT
DWELLING UNITS, Two (2) for each LIVING UNIT
MULTI-FAMILY
DWELLING UNITS, SINGLE Two (2) for each LIVING UNIT
FAMILY
DWELLING UNITS, TRIPLEX Two (2)for each LIVING UNIT
HOSPITALS One (1) speee/one hundred (100) sq.
ft. GROSS FLOOR AREA
HOTELS AND MOTELS One (1) space/unit, plus additional
spaces required by this schedule for
Restaurants, etc. as required
Manufacture, Research, and Two (2) for every three (3)
Assembly employees each (but in no event less
than two (2) spaces for one thousand
(1,000) sq. ft. of GROSS FLOOR
AREA devoted to such USE).
MEDICAL AND DENTAL CLINICS One (1) space/two hundred-fifty (250)
sq. ft. GROSS FLOOR AREA
Mortuaries and Funeral Parlors One (1) space/one hundred (100) sq.
ft. of areas open to the public, plus
spaces for mortuary vehicles, plus
one (1) space/two (2) employees
OFFICE One (1),for each two (2) employees,
plus one (1) space for each five
hundred (500) sq. ft. of office space
Nursing homes and rehabilitation One (1) space/one thousand sq. ft.
centers GROSS FLOOR AREA plus one (1)
space/employee present during
busiest shift.
Pre-SCHOOLS and CHILD CARE One (1) space/employee
CENTERS
Primary SCHOOLS (private, One (1) space/employee
parochial, PUBLIC)
1111111 11111 1111 III 1111111 IIII 1111111 III 111111 III IIII
2718054 09/02/1999 11:24R Weld County CO 992063
144 of 219 R 0.00 D 0.00 JR Suki Tsukemoto ORD89-JJ
USE NUMBER OF SPACES
RESTAURANT One (1) space/six (6) seats, plus one
(1)/two (2)employees. In the case of
facilities which sell food for
consumption outside of the
establishment, a minimum of twenty
(20) spaces shall be provided
Retail sales and service One (1) space/two hundred (200) sq.
ft. GROSS FLOOR AREA
Secondary SCHOOLS (private, One (1) space/employee, plus one
parochial, PUBLIC) (1) per five(5) students
Trade or business SCHOOLS, and One (1) space/employee, plus one
other post-secondary educational (1) for each student for the school's
institutions highest rated classroom capacity
Warehouse One (1)for every three (3)
employees (but in no event less than
one (1) space for each one thousand
(1,000) sq. ft. devoted to Warehouse
use.
Wholesale sales and service One (1) space/four hundred (400) sq.
ft. display and sales area, plus one
(1) space/two(2) employees
Any land use activity not otherwise A number of spaces determined by
identified in this Section 41.1.3. the Department of Planning Services
to be reasonably necessary; the
requirements shall be consistent with
the Requirements set forth above for
comparable USE activities
41.2 Off-street Loading Required
41.2.1 Off-street 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 off-street 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 off-
street loading space shall be required for each additional twenty thousand(20,000)
square feet or fraction thereof of GROSS FLOOR AREA.
41.2.2 Each off-street 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 Off-street 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 vehicles from extending
beyond the boundary of this space and from coming into contact with other
vehicles, walls, fences, or plantings.
111111 11111 INK 1111111 IIII 1111111 III 111111 III IIII 992063
2718054 09/02/1999 11:7:4A Weld County CO ORD89-JJ
145 of 219 R 0.00 D 0.00 JA Sukl Tsukamoto
41.2.4 Lighting provided for off-street loading spaces shall be arranged so as to minimize
illumination onto ADJACENT residential property and so as to prevent glare
directed at vehicles on STREETS and ALLEYS.
41.2.5 Off-street 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 Department of Highways.
42.1 Signs in the Estate, R-I, 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. .two (2) sq. ft.
B. MULTI-FAMILY and TRIPLEX sixteen (16) sq. ft.
C. Public&quasi-public USES thirty-two (32) sq. ft.
42.1.2 Lighting of signs shall be by indirect illumination only.
42.1.3 "For Sale"signs for individual homes or subdivisions 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 thirty-two (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
sixteen (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.
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 one hundred fifty (150) square feet
42.2.3.4 Maximum height thirty (30) feet
42.2.3.5 Minimum SETBACK fifty (50) feet
42.2.3.6 Minimum spacing between signs in
all directions five hundred (500) feet
42.2.3.7 Such signs shall not be located within two thousand (2,000) feet
of an exit or entrance road on
a limited access highway.
11111111111IIIIt 111 11111 11111111111III 111 ill
992063
2718094 09/02/1999 11:248 Weld County CO ORDf39-JJ
las of 219 R 0.00 D 0.00 JR Sukt Teukaeole 4
42.2.3.8 Such signs shall not be permitted within three hundred (300) feet
of an intersecting road, scenic
or historic 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 three hundred (300) square feet
42.3.2.2 Maximum height forty (40) feet
42.3.2.3 Minimum SETBACK twenty-five (25) feet
42.3.2.4 Minimum OFFSET ten (10) feet
42.3.2.5 Minimum spacing between signs five hundred (500) feet
42.3.3 Identification signs shall be permitted as ACCESSORY USES according to the
following:
42.3.3.1 Maximum number per LOT two (2)
42.3.3.2 Maximum area per face one hundred fifty (150) square feet
42.3.3.3 Maximum height when adjacent to interstate
interchanges forty-five (45) feet
42.3.3.4 Minimum SETBACK fifteen (15) feet
42.3.3.5 Minimum OFFSET ten (100 feet
42.3.3.6 When attached flat against a supporting wall but not above the roof line, there are
no limitations on a sign used entirely for identification purposes.
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 five hundred (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 orivate signs used exclusively to direct automobile traffic on
11111 iii 1111111111111111111111111111111111111111111 992063
2718054 09/02/1999 11:24A Weld County CO 0-5 ORD89-JJ
147 of 219 R 0.00 D 0.00 :111 Sukl Tsukamoto
private property shall be exempt from the provisions of this Ordinance.
43 MOBILE HOMES
43.1 Permit Requirements
43.1.1 No MOBILE HOME may be located or relocated in Weld County after August 25,
1981, except in accordance with Section 43, MOBILE HOMES. 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 fora MOBILE HOME issued pursuant
to the Weld County Building Code Ordinance. An application for any zoning or
building permit for a MOBILE HOME required by Section 43 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.
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:
43.1.1.6.1 The proposed location of the MOBILE HOME including distances from the property
LOT lines and other STRUCTURES on the property.
43.1.1.6.2 Access to the MOBILE HOME indicating whether the access is existing or .,,)—
proposed. m �
co NIMM
0 u-
43.1.1.6.3 Location and measurements or any easements or rights-of-way. A,
N
C0=—._
43.1.1.6.4 Amount of road frontages. (°m=ME
Xi
43.1.1.6.5 Identification of any county, state or federal roads or highway. a•.
me-
43.1.1.6.6 Existing STRUCTURES on the property. o(°S
mr-
43.1.1.7 Methods of disposal of sewage or other wastes in compliance with the m �ie
requirements of the Colorado Department of Public Health and Environment and cam.a
the Weld County Department of Public Health and Environment, except for a
applications for TEMPORARY storage of a MOBILE HOME under subsection c
43.2.2 below or for Accessory STRUCTURE under Section 43.2.7 below. x oa
0
C
43.1.1.8 Methods of supplying water in such a manner as to be adequate in quality,quantity
and dependability for the proposed use, except for applications for TEMPORARY r< —
storage of a MOBILE HOME under subsection 43.2.2 below or for Accessory w c�
STRUCTURE under Section 43.2.7 below. o
43.1.1.9 An application fee. Each request for a renewal or extension of a TEMPORARY mew
992063
40-6 ORD89-JJ
permit shall also be accompanied by the appropriate application fee.
43.1.1.10 If the requirements of this Section 43, MOBILE HOMES 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
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 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 Permitted in the A(Agricultural) District
MOBILE HOMES are allowed in the A (Agricultural) District for the following USES upon the
issuance of the appropriate zoning or BUILDING permits according the following requirements:
43.2.1 TEMPORARY USE During Construction of Residence A zoning permit for the
USE of a MOBILE HOME as a TEMPORARY DWELLING UNIT during the
construction of a permanent DWELLING UNIT on the same LOT in the A
(Agricultural) District may be issued by the Department of Planning Services
subject to the following provisions:
43.2.1.1 The applicant must have a valid 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 (6) months. The permit may be renewed by the Department of
Planning Services for two(2)additional six(6)month periods upon a determination
by staff that construction of the permanent DWELLING UNIT is being pursued with
diligence.
43.2.1.5 The Department of Planning Services shall make its determination on the issuance
of a zoning permit for 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 Commissioners. 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 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
AIM 11111 111111 III 111111111111 1111111 III 1111111 111111 992063
2718054 09/02/1999 11:24A Weld County CO 7 ORD89-JJ
149 of 219 R 0.00 D 0.00 JA Suki Teukamoto
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 a telephone number where further information may be obtained. The sign
shall be posted at least ten (10)days prior to the meeting date. In its review of an
application, the Board of County Commissioners shall consider the good faith
efforts of the applicant to pursue construction diligently and any unforeseeable or
unavoidable circumstances which may have delayed completion of construction,
requiring the extension. 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.
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, not including the storage of goods inside the UNIT, on a LOT in
the A 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 reasonable alternative exists to the
TEMPORARY storage of the MOBILE HOME on the land involved
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 information contained in the permit application,and
upon such independent evidence as may be available or which the staff may
reasonably 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 additional six (6) month periods only by
grant of the Board of County Commissioners.
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 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
111111 11111 1111 III 1111111 10111111 III 1111111111111 992063
2718054 09/02/1999 11:24A Weld County CO 0-8 ORD89-JJ
150 of 219 R 0.00 D 0.00 JA Suki Tsukamoto
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 a 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 on surrounding property.
The Board of County Commissioners shall also consider whether the application
has demonstrated compliance with the requirements of Section 43.2.2.1 through
43.2.2.4 as well as 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.
43.2.3 TEMPORARY ACCESSORY Farm USE
43.2.3.1 One MOBILE HOME may be permitted in the A (Agricultural) District as an
ACCESSORY farm USE upon a determination by the Department of Planning
Services that:
43.2.3.1.1 The MOBILE HOME will be occupied by persons principally employed at or
principally engaged in the operation of the USE where the MOBILE HOME is
located. ACCESSORY farm USE of the MOBILE HOME shall be established and
revalidated on an annual basis as follows: Evidence shall be submitted by the
applicant or property owner by the first of each year for review and acceptance by
the Department of Planning Services verifying that the MOBILE HOME occupant(s)
is principally employed at or engaged in the farming operation on the subject
property. The evidence shall consist of tax records, employment agreements or
other documentation as determined suitable by the Department of Planning
Services. Failure to submit the required documentation may result in cessation of
the allowance of the MOBILE HOME for TEMPORARY ACCESSORY Farm USE.
43.2.3.1.2 The MOBILE HOME 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 will not be used as an income source by the applicant for
rental to persons who are not principally employed up,n the LOT.
43.2.3.1.4 Adequate water and sewage disposal facilities are available to the MOBILE HOME.
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 Ordinance.
43.2.3.1.6 The applicant must obtain a BUILDING permit for the MOBILE HOME and comply
with all installation standards of the Weld County Building Code 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 43.2.3.1.6 are met, upon information contained in the permit application,
and upon independent evidence as may be available or which the staff may
p reasonably require.
11E1 11111 111111 EI X111111 NIII1111111III 1111111111111 992063
2718054 09/02/1999 11:248 Weld County CO g ORD89-JJ
191 of 219 R 0.00 D 0.00 JR Suitt Tsukamoto
43.2.3.3 A zoning permit for more than one MOBILE HOME in the A(Agricultural) District as
an ACCESSORY farm USE may be issued by the Department of Planning Services
upon a determination that the criteria of Sections 43.2.3.1.1 through 43.2.3.1.5 and
Section 43.4.2 of this Ordinance are met. If the applicant is not able to meet the
criteria stated in Section 43.4.2, 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 43.2.3.1.1 through 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 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.
43.2.3.4 All MOBILE HOMES as ACCESSORY farm USES are TEMPORARY. Allowance
of the MOBILE HOME shall be extended only if the USE continues to be in
conformance with the criteria set out in Section 43.2.3.1.1. The MOBILE HOME
shall be removed from the property upon the cessation of the USE of the MOBILE
HOME as an ACCESSORY farm USE or at any such time as the MOBILE HOME
is used for other than the allowed USE.
43.2.4 TEMPORARY ACCESSORY USE During a Medical Hardship
43.2.4.1 A zoning permit for the TEMPORARY use of a MOBILE HOME during a medical
hardship on a lot in the A (Agricultural) District, in addition to the principal
DWELLING UNIT, may be 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 shall be established in a letter from the subject's medical doctor or other
evidence deemed suitable by the Department of Planning Services. The letter shall
be submitted as a part of the zoning permit application and shall verify that the
subject is physically impaired and requires full-time care.
43.2.4.1.2 There is no reasonable alternative available to the applicant for the care of a
person who needs medical supervision.
43.2.4.1.3 Adequate water and sewage disposal facilities are available to the MOBILE HOME.
43.2.4.2 A MOBILE HOME zoning permit for TEMPORARY ACCESSORY USE during a
111111111111 MII III 1111111IIII MIN III 1111111111111 992063
27180M 09/02/1999 11:24A Weld County CO 10 ORD89-JJ
152 of 219 R 0.00 D 0.00 JA Sukl Taukamoto
medical hardship in the A(Agricultural) District may be issued by the Department
of 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 are met. If the applicant(s)
is not able to meet the criteria stated in Section 43.4.2, the Board of County
Commissioners shall review the application for compliance with the criteria set out
in Sections 43.2.4.1.1 through 43.2.4.1.3 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 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.
43.2.4.3 All zoning permits for MOBILE HOMES during a medical hardship are
TEMPORARY. Such permits shall be subject to review annually on the anniversary
of the original permit's issuance. Such permits shall be extended only if the USE
continues to be in conformance with the criteria set out in Section 43.2.4.1. Any
permit for a medical hardship USE 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 One MOBILE HOME in the A(Agricultural) District as an OFFICE USE accessory
to the USE allowed by right may be permitted upon a determination by the
Department of Planning Services that:
43.2.5.1.1 The MOBILE HOME is necessary for the effective and economic operation of the
principal USE.
43.2.5.1.2 The MOBILE HOME 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.
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.
43.2.5.1.6 The applicant must obtain a BUILDING permit for the MOBILE HOME and comply
111111111111111111 HOME Win1111111111111 992063
2718054 09/02/1989 11:24A Weld County CO I ORD89-JJ
163 at 219 R 0.00 D 0.00 JR Suki Tsukamoto
with all installation standards of the Weld County Buiiciing Code Ordinance.
43.2.5.2 Tha Department of Planning Services shall make its determination on the basis of
a signed statement by the applicant that the conditions of Sections 43.2.5.1.1
through 43.2.5.1.6 are met,upon information contained in the application,and upon
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 A (Agricultural) District may be issued by the Department of Planning
Services upon a determination that the criteria of Sections 43.2.5.1.1 through
43.2.5.1.5 and Section 43.4.2 of this ordinance are met. If the applicant(s) is not
able to meet the criteria stated in Sections 43.4.2.5.1.1 through 43.2.5.1,5, 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 43.2.5.1.5 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 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.
43.2.5.4 All MOBILE HOMES as ACCESSORY OFFICE USE are TEMPORARY. The
MOBILE HOME shall be removed from the property upon the cessation of the USE
of the MOBILE HOME as an ACCESSORY OFFICE USE.
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
Planning Services if the application meets the criteria stated in Sections 43.2.6.1.1
through 43.2.6.1.4 and 43.4.2 of this Ordinance.
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 Sections 43.2.6.1.1 through 43.2.6.1.4 and Section 43.4.2 of this 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
1111111 VIII 111111 III MINIM 1111111 III 1111111 11 1111 992063
2718054 09/02/1999 11:24R Wald County CO 2 ORD89-JJ
.!r _r e,O e a am a 8.00 JA Suki Tsukamoto
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 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 COUNTY COMPREHENSIVE 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 A maximum of one (1) zoning permit for a MOBILE HOME as a principal
DWELLING UNIT shall be issued for each LEGAL LOT in the A (Agricultural)
District in Weld County, Colorado.
43.2.7 TEMPORARY Accessory STRUCTURE. One (1) MOBILE HOME used as an
accessory STRUCTURE in the A (Agricultural) District, for the purpose of storing
goods inside the unit, may be permitted upon a determination by the Department
of Planning Services that:
43.2.7.1 Electricity is the only utility which will be connected to the MOBILE HOME.
43.2.7.2 The MOBILE HOME will not be used on any basis as a DWELLING or as overnight
or TEMPORARY housing for any person.
a., —
43.2.7.3 The applicant has demonstrated that no reasonable alternative exists to using the a
MOBILE HOME as an accessory STRUCTURE. u co
m -
�A�
43.2.7.4 A maximum of one (1) MOBILE HOME used as an accessory STRUCTURE may 1 m�
be on a LEGAL LOT at any one time. m
ANA
43.2.7.5 The applicant must obtain a BUILDING permit for the MOBILE HOME and comply m r—
with the installation standards of the Weld County Building Code Ordinance. CD
C9 CO�
v
43.2.7.6 The Department of Planning Services shall make its determination in the issuance m
of a BUILDING permit for a MOBILE HOME used as an accessory STRUCTURE m ion
on the basis of a signed statement by the applicant that the conditions of Sections m
43.2.7.1 through 43.2.7.5 are met, upon information contained in the application, a zmos
and upon independent evidence as may be available or which the staff may c`n
reasonably require. x��
� o -
43.2.7.7 A zoning permit for more than one MOBILE HOME in the A (Agricultural) District 'w ._
used as an Accessory STRUCTURE may be issued by the Department of Planning it< i�
Services upon a determination that the criteria of Sections 43.2.7.1 through o 0
43.2.7.5 and Section 43.4.2 of this ordinance are met. If the applicant is not able u
to meet the criteria stated in Section 43.4.2, the zoning permit may be issued only
mom
upon approval by the Board of County Commissioners. The Board of County
992063
40-13 ORD69-JJ
Commissioners shall review the application for compliance with the criteria set out
in Sections 43.2.7.1 through 43.2.7.5 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 that ten (10)
days before the scheduled meeting. Such notice is not required by Colorado State
Statue and is provided as a courtesy to surrounding property owners (the surface
estate). Inadvertent errors by the applicant in supplying such list or the Department
of Planning Services in sending such notice shall not create a jurisdictional defect
in the permit process even if such error results in the failure of a surrounding
property owner to receive such notification. The Department of Planning Services
shall post a sign for the applicant on the property in question indicating that a
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 ad the
COUNTY.
43.2.7.8 All MOBILE HOMES used as accessory STRUCTURES are TEMPORARY. The
MOBILE HOME shall be removed from the property upon cessation of the USE of
the MOBILE HOME as an accessory STRUCTURE.
43.2.7.9 At such time that a MOBILE HOME permitted for accessory STRUCTURE use is
determined to be in a state of deterioration or disrepair by the Department of
Planning Services, the property owner will be required to either repair the MOBILE
HOME or remove the MOBILE HOME from the property. Ul p-
NONNI
NMI
43.3 MOBILE HOMES in C (Commercial) or I (Industrial) District °,u=
al
NAB
43.3.1 One(1)MOBILE HOME may be permitted as an ACCESSORY USE to the principal m a•
USE in certain C(Commercial)or I(Industrial)Zone Districts upon a determination a m
by the Department of Planning Services that: 0\EIM
.._
m
43.3.1.1 The MOBILE HOME is necessary for the effective and economic operation of the Cit.
��
business, COMMERCIAL or Industrial activity. ,._
a..a
.. �
43.3.1.2 The MOBILE HOME will not be used for residential purposes other than for the m p=
purpose of the protection or control of the principal USE. �-
a
q sewage disposal F U.
43.3.1.3 AdequatefacilitiesareavailabletotheMOE31LEHOME. Fr
ocnm
43.3.1.4 The applicant must obtain a BUILDING permit for the MOBILE HOME and comply CS
with the installation standards of the Weld County Building Code Ordinance. c
s NMI
43.3.2 The Department of Planning Services shall make its determination on the basis of °O
a signed statement by the applicant that the requirements of Sections 43.3.1.1 °
through 43.3.1.4 are met, upon information contained in the application, and upon
independent evidence as may be available or which the staff may reasonably
require.
43.3.3 A zoning permit for more than one (1) MOBILE HOME in the C (Commercial) or I
992063
40-14 ORD89-JJ
(Industrial) Districts as an ACCESSORY USE to the principal USE may be issued
by the Department of Planning Services upon a determination that the criteria of
Sections 43.3.1.1 through 43.3.1.4 and Section 43.4.2 of this ordinance are met.
If the applicant(s)is not able to meet the criteria stated in Section 43.4.2,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 Sections 43.3.1.1 through 43.3.1.4 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 shall
consider any testimony of surrounding property owners concerning the possible
effects of the MOBILE HOME on 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.
43.3.4 All MOBILE HOMES as ACCESSORY USES to the principal USE in C
(Commercial) or I (Industrial ) Zone Districts are TEMPORARY and subject to the
requirements for MOBILE HOMES as stated in Sections 33 (Commercial) and 34
(Industrial) of this Ordinance. The MOBILE HOME shall be removed from the
property upon the cessation of the USE of the MOBILE HOME as an ACCESSORY
USE to the business, commercial, or industrial activity.
43.4 The Board of County Commissioners delegates the authority to issue a zoning
permit for a MOBILE HOME which otherwise requires the approval of the Board of
County Commissioners through a public hearing process to the Department of
Planning Services upon a determination by the Department that:
43.4.1 The applicant is in compliance with the criteria identified in the Ordinance for the
specific category of zoning permit for which application is being made
43.4.2 The applicant has submitted a petition containing the signatures of at least seventy
percent(70 %)of the people owning property within five hundred (500)feet of the
property on which the MOBILE HOME is proposed to be located. The petition shall
indicate that the surrounding property owners who have signed the petition have
no objections to the issuance of a zoning permit for the MOBILE HOME.
43.4.3 If the applicant is unable to obtain a petition in favor of the issuance of a zoning
permit for a MOBILE HOME with at least seventy percent (70%) of the people's
signatures owning property within five hundred (500)feet of the property on which
the MOBILE HOME is proposed to be located,the Board of County Commissioners
shall consider the zoning permit for the MOBILE HOME in a public hearing in
accordance with the provisions of this Ordinance.
I 11111111111111111 III 101111 MINI III 1111111 �11111 992063
2718054 09/02/1999 11:24A Weld County CO 15 ORD89-JJ
157 of 219 R 0.00 D 0.00 JA Sukl Tsukamoto
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 Commissioners 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 inhabitants 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.
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 applicants 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 operation. Such description shall include:
44.1.7.1 The types and numbers of operation and processing equipment to be employed.
44.1.7.2 The number of shifts to be worked and the maximum number of employees. EP-4
a_
•u 44.1.7.3 Whether the operation will involve a wet or dry pit. o —
a�
N
44.1.7.4 COUNTY roads and bridges to be utilized. o S
ANA
44.1.7.5 The size of the area and stages to be worked at any one time. m
SW-
44.1.7.6 A time table giving the periods of time which will be required for the various stages o 1O—
of the operation. m �
i.2" AS
44.1.7.7 The depth and thickness of the mineral deposit to be mined and the thickness of aso
overburden to be removed. n z�
s mmie
44.1.7.8 The proposed use of reclaimed lands and an explanation of the reclamation x noSE
m,
process. ` o
c =
44.1.7.9 The source of technical advice in that type of reclamation for open cut mining land. •
3 CYO
O 0=
44.1.7.10 Any other information determined to be necessary by the Board of County cImo
Commissioners their authorized representative to insure the protection of the
health, safety and welfare of the inhabitants of Weld County.
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 Department of
992063
40-16 ORD89-JJ
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 one inch equals six hundred
feet( 1"=600')scale and show the following information within a one-half(%)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(%) 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 reclamation 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 one inch
equals one hundred feet(1"= 100')scale and shall include the parcel in question,
as well as features within five hundred (500) feet of the parcel boundaries. The
scale of the map may be reduced to one inch equals two hundred feet(1"= 200') a�=
or one inch equals three hundred feet(1"=300')upon approval by the Department 1O rob NNW
of Planning Services. The Extraction Plan Map shall display the following °,u=
information:
�(�
44.2.2.1 A plot plan of the property for which application is made. The plot plan shall Nrim
delineate the boundary lines of the Special Review Permit area. m
•
44.2.2.2 The topography of the area at five (5) foot contour intervals or at intervals as m —
determined by the Board of County Commissioners or its authorized representative. ate—
44.2.2.3 The name and location of all streams, including normally dry streams, ponds or m nMMI0
other bodies of water, existing and proposed STRUCTURES and LANDSCAPE n�—
features.
In•.=
• nS
44.2.2.4 The size and location of proposed pit areas. -ff
o
-4 C _
44.2.2.5 The phases of the operation. The legend will include the time required for each
P g q a rMin
phase of the operation. 3 CI
s
O 0�
44.2.2.6 The location of all proposed operating STRUCTURES, parking areas, ingress and
egress, stockpile areas,and circulation routes. The general location of equipment MIS
which will be moved as operations proceed, such as portable crushing and
992063
40-17 ORD89-JJ
screening plants, shall be located on the map.
44.2.2.7 The legend shall include a complete and accurate 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 Commissioners.
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 satisfactorily explain the general requirements for the type of
operation anticipated.
44.3 Supportina 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 Reclamation Plans submitted to the State of
Colorado 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(culverts 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 ten
(10) feet to the boundary of ADJACENT property, easement or irrigation ditch or
right-of-way, nor nearer than one hundred twenty-five; (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 conducted 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.
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.
1111111 11111 111111 III 1111111 IINI Malt 11111 BU IL
2718054 09/02/1999 11:248 Weld County CO 992063
B ORD89-JJ
160 of 219 R 0.00 D 0.00 JA Suki Taukamoto
44.4.4 Existing trees and ground cover along PUBLIC road frontage and drainage ways
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 operations 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 specific instances, as first determined by
individual investigation by the Board of County Commissioners or their duly
authorized representatives, where excavations are considered hazardous or
otherwise harmful to nearby residents or to their property, the Board of County
Commissioners may require the excavations 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, acceleration/deceleration lanes to facilitate the safe/smooth flow of
traffic, and water augmentation 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.
44.4.9 Rock crushers and similar accessory facilities and e3uipment, 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 operations 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, Uses by Special Review in the ALAgricultural )
District.
44.4.10 Insurance. The operator shall furnish evidence 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 connected with or
incidental thereto.
44.4.11 That the USE will not cause injury to vested or conditional water rights. If the USE
may result in injury to vested or conditional water rights, the Applicant shall either
present an agreement with a water conservancy district or water user group which
encompasses the location of the use within its boundaries, a plan of exchange or
substitute supply approved by the State Engineer or a decreed plan for
augmentation approved by the District Court for Water Division No. 1 which
prevents injury to vested and conditional water rights.
44.5 Reclamation Policies
44.5.1 Reclamation plans shall be reviewed to determine the compatibility of the proposed
USE with surrounding land USES.
44.5.2 Following the completion of operations, the land shall be left in a safe condition.
111111111111111111 III 1111111111111111111 III IIIII IIII IIII 992063
2718054 09/02/1998 11:24A Weld County CO ORD89-JJ
161 of 219 R 0.00 D 0.00 JA Sukl Tsukamoto
44.5.3 Sufficient drainage shall be provided so as to prevent water pockets or undue
erosion. Grading 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.
44.5.4 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 erosion insofar as is practicable.
44.6 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 determine 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 LCO's shall be located at least fifty (50) feet from any State or Federal highway
right-of-way, subject to review by the Colorado Department of Transportation.
45.1.2 Manure shall be handled and disposed of in a sanitary manner, approved by the "—
Weld County Department of Public Health and Environment. i"�
ooh
0 0—
45.1.3 Suitable chemical and scientific controls shall be provided for rodent and insect a•
control. hp WM
IW�
45.1.4 Concrete or other suitable aprons ADJACENT to the permanently affixed feed Nmm
bu:,ks, water tanks and feeding devices shall be provided.
m(0
45.1.5 Adequate mechanical means for scraping, grading and cleaning of area shall be o
provided at all times; and scraping, grading and cleaning of the area will be m I
accomplished as approved by the Weld County Department of Public Health and m a�
Environment. nr_
arm
45.1.6 Drainage facilities or improvements shall be constructed to protect any,ADJACENT d"-
rivers, streams or other bodies of water from pollution, as approved by the Weld x;��
County Department of Public Health and Environment. M
45.2 Fertilizer, (Onaanic) Storage and Sale, Where the Fertilizer is Stored for Longer than One(1)Year y<
0O-
45.2.1 Storage of fertilizer shall not be permitted closer than fifty(50)feet to any PUBLIC e
right-of-way or LOT line.
45.2.2 Rodents and insects shall be controlled in accordance with standards set by the
992063
40-20 ORD89-JJ
Weld County Department of Public Health and Environment.
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, if approved, may
be conditioned on a requirement that every ten (10)years the safety of the design
of the range shall be reviewed and safety design changed taking into account the
history of the operation and changes in surrounding land uses and the relevant
provisions of§45.3.2.2,45.3.3.2-45.3.3.6, and 45.3.4. Review of the safety plan
shall be accomplished using the Site Plan Review Process and such changes shall
not constitute a major change from the Special Review Permit. The operator, if he
chooses not to accept the staff determination under the Site Plan Review process,
may request that the matter be determined by the Board of County Commissioners
who shall hear the matter in accordance with the procedures for considering a
Special Review Permit provided, however, that no fee shall be charged.
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 (2)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 two hundred
(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 gradient between the firing point and target does not exceed two
percent(2%).
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 officer 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, adequate space for danger areas, parking,
equipment, 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.
111111111111111111 MUNCH 1111111III HUM IIII
2718054 09/02/1999 11:24A Wald County CO 992063
163 of 219 R 0.00 D 0.00 JA SuittTsukamoto ORD89-JJ
45.3.4.2 Firing points shall be four to five feet apart for shooting distances up to two hundred
(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 thirty(30)feet above the level
of the firing point for a one hundred (100)yard range. An additional ten (10)feet of
hill shall be provided for each additional one hundred (100) yards or range. The
slope of the hill shall not be less than two (2) to one (1). 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 ricochets.
45.3.4.3.2 Artificial bullet stops. For up to a three hundred (300) yard range, an earth
embankment at least 25 feet in height,well sodded to retain slope of thirty-five(35)
degrees from perpendicular and topped by an earth-filled timber barricade at least
fifteen (15)feet high, shall be provided. Stones shall be removed from the face of
the embankment to a depth of eighteen (18) inches. For each additional one
hundred (100)yards of range, ten (10)feet in overall height of the bullet stop shall
be added. Bullet stop shall extend approximately one hundred sixty (160) feet
beyond the ends of the target line for high-caliber ranges; twenty-five (25)feet for
smallbore rifle and pistol ranges.
45.3.5 Provisions for trap and skeet fields.
45.3.5.1 A one hundred (100) by three hundred (300) yard danger zone shall be provided
for trap fields.
45.3.5.2 A three hundred (300)by six hundred(600)yard danger zone shall be provided for
skeet fields. —
A-a—
45.3.5.3 Trap and skeet fields may be combined(traps layout super-imposed on skeet field) o m=
where three hundred (300) by six hundred (600) yard zone shall be required. N a�
45.3.5.4 The trap field layout shall meet the requirements of the American Trap Association.
N-a-a•
45.3.5.5 The skeet field layout shall meet the requirements of the National Skeet Shooting
Y q in to.
Association. m le MS
o
45.4 Solid Waste Sites and Facilities or Hazardous Waste Disposal Sites m!IS
mN�
45.4.1 Certificates of Designation for solid or hazardous waste disposal sites and facilities D�
as required by Colorado Revised Statutes and Code of Colorado Regulations shall a•—
not be deemed approved until or unless a Use by Special Review Permit has been c 4=
approved by the Planning Commission or the Board of County Commissioners �
where required by this Ordinance. The Board shall be guided in its review of a c arm
Certificate of Designation by state statute and regulations contained in Colorado c s
Revised Statutes and Code of Colorado Regulations. o —
3 O
0 O-
45.4.2 Applicants for activities reviewed pursuant to Section 24, Use by Special Review o SS
for 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 the facility within
the proposed area of service, and the Planning Commission and Board shall be
satisfied that a need exists as part of the determinations for any such permit.
45.5 Sewage Systems: Pumping Stations,Sludge Drying Beds,Treatment Plants, Lagoons. Applicants
992063
40-22 ORD89-JJ
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 Department of Public Health and Environment.
45.6.2 Suitable chemical and scientific controls shall be provided for rodent and insect
control.
45.6.3 Drainage facilities or improvements shall 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 agricultural 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 (1) on-site parking space shall be provided for each employee on duty. The
peak employment 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:
N
45.7.1.3.1 One (1) ticket gate for up to a three hundred (300) car capacity theater; u is.co
o m-
45.7.1.3.2 Two (2) ticket gates for up to a six hundred (600) car capacity theater; "A�
N M
45.7.1.3.3 Three(3) ticket gates for up to an eight hundred (800) car capacity theater; and 1O —
ANA
45.7.1.3.4 Four(4)ticket gates for up to a one thousand (1,000) car capacity theater. m,�.�
• Io�
C3co
45.7.1.4 Lighting G
m•--
45.7.1.4.1 All outside lighting shall be arranged and shielded so as to prevent any nuisance m ion
on ADJACENT STREETS or property. CV 33 aMIN
r
45.7.1.4.2 Exits and pedestrian passageways shall be adequately lighted at all times when �
open to the public. x calm
0 -
45.7.1.5 Access V —
< �
r
45.7.1.5.1 Each developed site shall have a minimum of two(2)accesses, but shall not have a ca
more than two (2) accesses onto any one (1) STREET, except that the Board of u�
—
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
possibilities of traffic hazards.
992063
40-23 ORD89-JJ
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 Proiection 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.
45.7.1.7.2 Construction plans for the screen shall 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 twenty-five (25) pounds per square foot. m.N.
al
45.7.1.8 Fire Protection. Fire protection shall be provided in accordance with the wu—
requirements of the fire protection district having jurisdiction in the area where the a
1.3
�
theater is to be located. 3,�
I
45.7.1.9 Buffering mNmoo
o w
45.7.1.9.1 The DRIVE-IN THEATER shall be adequately buffered through the use of m��
landscaping and fencing to minimize negative impacts on surrounding land USES. G.
m
45.7.1.10 Health Standards and Regulations. The proposed facility shall comply with all m i
State and County Health Standards and Regulations. c a-
Dr
• a
45.8 Public Utilities facilities. Applicants for activities reviewed pursuant to Section 25, Special Review c d—
Permit for Maipr Facilities of a Public Utility as MAJOR FACILITIES OF Public UTILITIES shall have =��_
the burden of proof to demonstrate that there is a need for the facility within the proposed area of N c —
service, and the Planning Commission shall be satisfied that a need exists as part of the x�
MEM
determinations for any such permit. • 0 al
00
r_
46 MANUFACTURED HOMES: Does not require the approval of a zoning permit. All structures —
meeting the definition of MOBILE HOME shall follow the zoning permit requirements of Section 43,
Mobile Homes; Accessory Dwelling Units of this Ordinance.
992063
40-24 ORD89-JJ
47 LIVESTOCK Feeding Performance Standards:Anyone feeding LIVESTOCK shall be responsible
to use best management practices.
47.1 An operator shall be in violation of the following performance standards when: A complaint is
received and verified by the Weld County Department of Public Health and Environment; and the
Health Department sends written notice to the operator requiring a plan and time line for correction
to be submitted within a specified reasonable period of time;and the operator fails to respond to the
written notice within the specified period of time; or the operator fails to implement the plan of
correction within the proposed time line.
47.2 The Weld County Department of Public Health and Environment will use the following performance
standards to verify a complaint and evaluate the presence of a nuisance condition.
47.2.1 The property owner shall remove, handle, and stockpile all manure in a manner
that will prevent nuisance conditions. The manure piles shall not be allowed to
exist or deteriorate to a condition that facilitates excessive odors,flies, insect pests,
or pollutant runoff. The manure storage site shall have a surface, in accordance
with the Confined Animal Feeding Operation Control Regulations,which does not
permit seepage or percolation of manure pollutants into the ground
47.2.2 Suitable natural, sanitary, chemical and scientific controls shall be provided for
rodent and insect control.
47.2.3 Equipment and areas on the property,such as feed bunks,feed bunk aprons,water
tanks, feeding devices, manure piles, trash dumpsters, animal pens, feed mixing
areas,STRUCTURES,and other similar equipment and areas shall be constructed
and maintained in a sanitary manner to prevent nuisance conditions.
47.2.4 Adequate mechanical means for scraping, grading and cleaning of the property
shall be provided at all times.
47.2.5 Drainage facilities or improvements shall be constructed to protect any rivers,
streams or other bodies of water from pollution.
47.2.6 All runoff retention and containment facilities shall meet and be maintained in m tic_
accordance with the Colorado Department of Public Health and Environment's -+mom
Confined Animal Feeding Operation Control Regulation (5 CCR 1002-19). The 2,u=
property owner shall be responsible for any additional requirements issued by the N p=
Colorado Department of Public Health and Environment, Water Quality Control m 3a,
Division, or the Weld County Department of Public Health and Environment. xr
Na
47.2.7 Ground water monitoring wells may be required to evaluate impacts on the ground m��
water table. The number, placement, construction, e..d monitoring of wells shall a r -
be at the direction of the Board of County Commissioners. C
47.2.8 Uses on the property shall comply with the Colorado Air Quality Commission's air ea
quality regulations. n s—
• imam
47.2.9 All associated liquid and solid wastes shall be stored and removed for final disposal .n
in a manner than protects against surface and groundwater contamination. -• u
N J �
47.2.10 Fugitive dust shall be confined on the property. c
wc
3 0-
OMOM
48 Domestic Sewage Sludge Regulations
992063
40-25 ORD89-JJ
48.1 Intent and Applicability
48.1.1 The intent of the Domestic Sewage Sludge Permit procedure is to ensure that the
quality of waste discharged on land in Weld County for beneficial uses is applied
in a manner which will protect and promote the health, safety, convenience, and
general welfare of the present and future residents of the COUNTY.
48.1.2 Commencing April 1, 1990, a Domestic Sewage Sludge Permit shall be required
for the discharge or disposal of domestic sewage sludge in the unincorporated
areas of the COUNTY.
48.1.3 Any contiguous parcel, or any number of noncontiguous parcels which are owned
by the same individual or group of individuals may be permitted under one
Domestic Sewage Sludge Permit. However, the required evaluations, analysis
results, and fees shall be submitted for each one hundred sixty (160) acres or
fraction thereof.
48.1.4 Sludge disposal sites and facilities that have been issued a Certificate of
Designation are exempted from the provisions of Section 48, Domestic Sewage
Sludge Regulations of this Ordinance.
48.1.5 Any person filing an application for a Domestic Sewage Sludge Permit shall comply
with the COUNTY procedures and regulations in this Ordinance.
48.1.6 Applications for a Domestic Sewage Sludge Permit shall be completed as set forth
in Section 48.2, Application Requirements. The completed application and
application fee shall be submitted to the Weld County Department of Public Health
and Environment.
48.1.7 A Domestic Sewage Sludge Permit shall be for a period of one year, and is
renewable for one year periods only by grant of the W.;Id County Board of Health.
The permit shall be considered for renewal upon submittal sixty (60)days prior to
the expiration date of the permit. Any expansion or enlargement of the area for I-3�
which the Domestic Sewage Sludge Permit is issued shall require a new o Zola
application under the provisions of Section 48, Domestic Sewage Sludge .a=
Regulations of this Ordinance. The applicant shall be entitled to twenty-one (21) I@ Aepa
days notice prior to any hearing at which the Board of Health may refuse to renew w'Irmo
any portion of the permit. re Nrms.
48.1.8 The Board of County Commissioners hereby delegates the authority to review, m WS
issue, and revoke Domestic Sewage Sludge Permits to the Weld County Board of 0 el gm"
Health,the Public Health Officer,and the Weld County Department of Public Health m.:+�
and Environment as set forth in this Ordinance. a N=me
48.2 Application Requirements for a Domestic Sewage Sludge Permit n s• �
✓ Imo
H--
48.2.1 The purpose of the application is to give the applicant an opportunity to x°-g
demonstrate through written and graphic information how the proposal complies — $�
with the standards of this Ordinance. The following supporting documents shall be a S IEEE
submitted as a part of the application: x.4.4...o
r—
, --
as
48.2.1.1 The following general information shall be on a form provided by the Weld County o cWail
Department of Public Health and Environment:
min
48.2.1.1.1 Name, address, and telephone number of the sludge generator and applicator;
48.2.1.1.2 Name and address of the fee owners of the property proposed for the Domestic
992063
40-26 ORD89-JJ
Sewage Sludge Permit if different from above;
48.2.1.1.3 A legal description of the property where the sludge is to be applied;
48.2.1.1.4 Total acreage of the property under consideration;
48.2.1.1.5 Existing land USE of the property under consideration;
48.2.1.1.6 Existing land USES of all properties ADJACENT to the property under
consideration;
48.2.1.1.7 Present zone and overlay zones, if appropriate; and
48.2.1.1.8 Signatures of the generator, applicator, and fee owners or their authorized legal
agent.
48.2.1.2 Evidence that demonstrates that the USE will be in compliance with the Colorado
Department of Public Health and the Environment's Domestic Sewage Sludge
Regulations 5CCR 1003-7, 1986.
48.2.1.3 A letter of intent to apply sludge that includes the following information:
48.2.1.3.1 The number of pounds of sludge to be applied per acre;
48.2.1.3.2 The types of crops to be grown on the land, and the number of acres of each crop;
48.2.1.3.3 The grade of the sludge;
48.2.1.3.4 Evidence showing that the sludge meets the stability criteria established by the
Colorado Department of Public Health and the Environment;
48.2.1.3.5 Results of piezometric tube monitoring, test bores or other groundwater level
monitoring results verifying the annual high groundwater level at the minimum
depth which occurs on the site;
48.2.1.3.6 Results of test bores or other results verifying the minimum depth to bedrock which
occurs on the site;
48.2.1.3.7 Alternate sludge disposal plans,the name and address of the generator,the name
and address of any contractor, a copy of the contract, and if applicable, the name
and address of the user;
48.2.1.3.8 A screening analysis of the sludge;
48.2.1.3.9 A soil analysis of the site.
48.2.1.4 A written statement demonstrating the applicant's ability to apply sludge either by
direct injection or surface application with immediate incorporation into the soil. If
the applicant does not plan immediate incorporation, a written statement
demonstrating why it is not feasible and necessary for reasons of remoteness,
nature of the sludge, characteristics of the soil or type of crop shall be submitted.
48.2.1.5 A written statement demonstrating that the applicant has alternate sites available
during cold weather months when injection or incorporation is not possible.
Surface application on frozen ground shall be allowed only if specifically requested
in the application and authorized in the permit.
HUM 1111 gill MIEN 111111113111 1111111 992063
2718054 09/02/1999 11:24A Weld County CO ORD89-JJ
169 of 219 R 0.00 D 0.00 JA Suk! Teukamoto
48.2.1.6 A written statement demonstrating that the applicant can and will off-load a
minimum of sixty (60)feet from county roads.
48.2.1.7 A written statement demonstrating that at no time will an application site have an
odor reading of greater than 7:1 dilution/threshold according to Regulation#2 of the
Colorado Air Quality Control Regulations.
48.2.1.8 A written statement demonstrating that the applicant has the ability to prevent,
control, and abate spillage.
48.2.1.9 A written statement demonstrating that the applicant can and will handle,store,and
dispose of sludge in a manner that controls fugitive dust, blowing debris, odor and
other potential nuisance conditions.
48.2.1.10 A written statement demonstrating how the proposed USE will be compatible with
the existing surrounding land uses.
48.2.1.11 A written statement demonstrating how the proposed USE 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 municipalities.
48.2.1.12 A written statement demonstrating how adequate provision for the protection of the
health, safety, and welfare of the inhabitants of the NEIGHBORHOOD and the
COUNTY will be maintained.
48.2.1.13 A map that shows and complies with the following requirements:
48.2.1.13.1 The minimum size of the map shall be eighteen (18) inches by twenty-four (24)
inches.
48.2.1.13.2 The scale shall be one inch equals two hundred(200)feet or another suitable scale
approved by the Weld County Department of Public Health and Environment.
48.2.1.13.3 Section, township, and range.
48.2.1.13.4 North arrow.
48.2.1.13.5 Outline of the perimeter of the property under consideration.
48.2.1.13.6 The location and names of all roads abutting the property under consideration.
48.2.1.13.7 The location and name of any water features or irrigation ditches within the
perimeter of the property under consideration.
48.2.1.13.8 All existing and proposed STRUCTURES on the property under consideration.
48.2.1.13.9 The location of all occupied DWELLINGS within a one (1) mile radius of the
property under consideration.
48.2.1.14 Any additional information as may be required by the Weld County Department of
Public Health and Environment or Board of Health in order to determine that the
application meets the requirements of this Ordinance.
48.2.1.15 The number of copies required for processing the application. The exact number
of copies shall be determined by the Weld County Department of Public Health and
Environment.
1111111 1111 HE III 1111111 M 1111111 I111111 III IIII 992063
2718054 09/02/1999 11s24A Weld County CO ORD89-JJ
170 of 219 R 0.00 D 0.00 JA Sukl Tsukamoto
48.3 Duties of the Environmental Protection Services.
48.3.1 The Weld County Department of Public Health and Environment shall be
responsible for processing all applications for Domestic Sewage Sludge Permits
in the unincorporated areas of Weld County. It shall also have the responsibility of
ensuring that all application submittal requirements are met prior to initiating any
official action as listed below.
48.3.2 Upon determination that the application submittal is complete, the Weld County
Department of Public Health and Environment shall:
48.3.2.1 Set a Weld County Board of Health hearing date not more than forty-five(45)days
after the complete application has been submitted.
48.3.2.2 Arrange for legal notice of the Board of Health hearing to be published in the
newspaper designated by the Board of County Commissioners for publication of
notices. At the discretion of the Weld County Department of Public Health and
Environment,a second notice may be published in a newspaper which is published
in the area in which the Domestic Sewage Sludge Permit is proposed. Failure to
publish the second notice shall not create a jurisdictional defect on the hearing
process. The date of publication shall be at least ten(10)days prior to the hearing.
48.3.2.3 Provide a sign for the applicant to post on the property under consideration for a
Domestic Sewage Sludge Permit. The sign shall be posted adjacent to and visible
from a publicly maintained road right-of-way. In the event the property under
consideration is not adjacent to a publicly maintained road right-of-way, the
applicant shall post one sign in the most prominent place on the property and post
a second sign at the point at which the driveway(access drive)intersects a publicly
maintained road right-of-way. The sign shall be posted by the applicant,who shall
certify that the sign has been posted for the ten (10) days preceding the hearing
date. The sign shall show the following information:
48.3.2.3.1 Domestic Sewage Sludge Permit number.
48.3.2.3.2 Date and place of Public Hearing.
48.3.2.3.3 Location and phone number of the public office where additional information may
be obtained.
48.3.2.3.4 Applicant's name.
48.3.2.3.5 Size of parcel of land.
48.3.2.3.6 Type of request.
48.3.2.4 Refer the application to the following agencies, when applicable, for their review
and comment. The agencies named shall respond within fourteen (14)days after
the mailing of the application by the COUNTY. The failure of any agency to
respond within fourteen (14) days may be deemed to be a favorable response to
the COUNTY. The reviews and comments solicited by Weld County are intended
to provide the COUNTY with information about the proposed Domestic Sewage
Sludge Permit. The Weld County Department of Public Health and Environment
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.
48.3.2.4.1 The Planning Commission or Governing Body of any town and county whose
11111 11111 III 1111111 IIII MIEN 111111 III IIII 992063
2718054 09/02/1999 11:24A Meld County CO ORD89-JJ
D a mm n Pisa JA Suk1 Tsukamoto
boundaries are within a three(3) mile radius of the parcel under consideration for
a Domestic Sewage Sludge Permit.
48.3.2.4.2 The Planning Commission or Governing Body of any city or town that has included
the parcel in its MASTER PLANNING area.
48.3.2.4.3 Weld County Department of Planning Services.
48.3.2.4.4 Weld County Department of Public Works
48.3.2.4.5 Colorado Department of Public Health and Environment .
48.3.2.4.6 Colorado Department of Transportation.
48.3.2.4.7 Colorado State Engineer or appropriate water district or municipality
48.3.2.4.8 Any irrigation ditch company with facilities on or adjacent to the parcel under
consideration for a Domestic Sewage Sludge Permit.
48.3.2.4.9 Any other agencies or individuals whose review the Weld County Department of
Public Health and Environment may deem necessary.
48.3.2.5 Prepare a staff recommendation for use by the Board of Health addressing all
aspects of the application, its conformance with the standards contained in this
Ordinance and comments received from agencies to which the proposal was
reterred.
48.4 Duties of the Weld County Board of Health.
48.4.1 The Weld County Board of Health shall hold a public hearing to consider the
application and shall either issue or deny all or any portion of the Domestic Sewage
Sludge Permit. In making a decision on the proposed Domestic Sewage Sludge
Permit, the Board shall consider the recommendation of the Weld County
Department of Public Health and Environment, facts presented at the public
hearing, and the information contained in the official record, which includes the
Environmental Health Protection Services' case file. The Board shall approve all
or any portion of the Domestic Sewage Sludge Permit unless it finds that the
applicant has not met one or more of the standards or conditions of Section
48.4.1.1 through 48.4.1.10. The applicant has the burden of proof to show that the
standards and conditions of Sections 48.4.1.1 through 48.4.1.10 are met. The
applicant shall demonstrate:
48.4.1.1 That the USE will be in compliance with the Colorado Department of Health's
Domestic Sewage Sludge Regulations 5CCR 1003-7, 1986.
48.4.1.2 That the sludge will be applied either by direct injection or surface application with
immediate incorporation into the soil. The Board of Health may grant a permit
where, if immediate incorporation is not planned, the Board is satisfied that it is not
feasible and necessary for reasons of remoteness, nature of the sludge,
characteristics of the soil, or type of crop.
48.4.1.3 That alternate sites are available during cold weather months when injection or
incorporation are not possible. Surface application on frozen ground shall be
allowed only if specifically requested in the application and authorized in the permit.
48.4.1.4 That a minimum of sixty (60) feet from county roads will be maintained when off-
loading.
AIM BIN" III 1111111 IIII 1111111 III 111111 III IIII 992063
2718094 09/02/1999 11:244 Weld County CO 1-30 ORD89-JJ
172 of 219 R 0.00 D 0.00 JA Suitt Tsukamoto
48.4.1.5 That at no time shall an application site have an odor reading of greater than a
seven to one(7:1)dilution/threshold according to Regulation#2 of the Colorado Air
Quality Control Regulations.
48.4.1.6 That the ability to prevent,control,and abate spillage of sludge shall be maintained.
48.4.1.7 That the methods of handling, storage, and disposal of the sludge shall control
fugitive dust, blowing debris, odor and other potential nuisance conditions.
48.4.1.8 That the USE will be compatible with the existing surrounding land USES.
48.4.1.9 That the USE 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 municipalities.
48.4.1.10 That there is adequate provision for the protection of the health,safety, and welfare
of the inhabitants of the NEIGHBORHOOD and the COUNTY.
48.4.2 Where reasonable methods or techniques are available to mitigate any negative
impacts which could be generated by the approval of the Domestic Sewage Sludge
Permit upon the surrounding area,the Board of Health may condition the decision
to approve all or any portion of the permit upon implementation of such methods
or techniques and may require sufficient performance guarantees to be posted with
the COUNTY to guarantee such implementation.
48.4.3 Upon the Board of Health making its decision on the Domestic Sewage Sludge
Permit, a record of such action and a copy of the permit shall be kept in the files of
the Weld County Department of Public Health and Environment'Office and a copy
sent to the Weld County Clerk to the Board's Office.
48.4.4 If the Board of Health determines that the applicant has not met the standards or
conditions of Sections 48.4.1.1 through 48.4.1.10 and denies all or any portion of
a Domestic Sewage Sludge Permit, the applicant may request, within 30 days of
the Board of Health's decision, to appear before the Board of County
Commissioners in a public hearing. The Weld County Department of Public Health
and Environment shall schedule the hearing before the Board of County
Commissioners using the notice requirements of Sections 48.3.2.2 and 48.3.2.3
and notifying anyone who testified at the Board of Health's hearing. The Board of
County Commissioners will consider the application and determine if the applicant
has met the standards or conditions of Sections 48.4.1.1 through 48.4.1.10. The
Board of County Commissioners may reverse, affirm, or modify the Board of
Health's decision.
48.5 Domestic Sewage Sludge Permit Renewal Application.
48.5.1 The purpose of the renewal application is to give the applicant an opportunity to
demonstrate through written and graphic information how the renewal complies
with the standards of this Ordinance. The following information shall be submitted
as a part of the renewal application to renew all or any portion of a Domestic
Sewage Sludge Permit:
48.5.1.1 A renewal application form as provided by the Weld County Department of Public
Health and Environment;
48.5.1.2 An explanation of any changes that are requested or tnat have occurred since the
issuance of the Domestic Sewage Sludge Permit;
11111111111 X11111III1111111 VIIIMill III 111111III 992063
2718054 09/02/1999 11:248 Weld County Co ORD89-JJ
173 of 219 R 0.00 D 0.00 JR Suitt Tsukamote
48.5.1.3 The number of pounds of sludge to be applied per acre;
48.5.1.4 The grade of the sludge;
48.5.1.5 Evidence showing that the sludge meets the stability criteria established by the
Colorado Department of Public Health and the Environment;
48.5.1.6 A screening analysis of the sludge;
48.5.1.7 A soil analysis of the site. The soil analysis shall have been done within sixty(60)
days of the submittal for renewal; and
48.5.1.8 Any additional information as may be required by the Weld County Department of
Public Health and Environment or Board of Health in order to determine that the
renewal application meets the requirements of this Ordinance.
48.5.2 Duties of the Environmental Protection Services
48.5.2.1 The Weld County Department of Public Health and Environment shall be
responsible for processing all applications for the renewal of Domestic Sewage
Sludge Permits in the unincorporated areas of Weld County. The duties of the
Weld County Department of Public Health and Environment for processing a
Domestic Sewage Sludge Permit renewal shall be the same as outlined in Section
48.3, Duties of the Weld County Department of Public Health and Environment of
this Ordinance. At the discretion of the Weld County Department of Public Health
and Environment upon the request of the permittee, the notice and posting
requirements on all or any portion of the permit may be waived when a Domestic
Sewage Sludge Permit is considered for renewal based upon the remoteness,
nature of the sludge, characteristics of the soil, type of crop, enforcement actions,
and prior public comments or complaints.
48.5.3 Duties of the Weld County Board of Health.
48.5.3.1 The duties of the Weld County Board of Health for considering a renewal of a
Domestic Sewage Sludge Permit shall be the same as outlined in Section 48.4,
Duties of the Weld County Board of Health,of this Ordinance.
48.6 Violations
48.6.1 Weld County through its Board of Health, Public Health Officer, Weld County
Department of Public Health and Environment,or other departments so authorized,
may enforce the provisions of Section 48, Domestic Scwvage Sludge Regulations
of this Ordinance and the terms, requirements, and conditions of an approved
Domestic Sewage Sludge Permit through methods included in this Ordinance or
through other methods adopted by resolution or ordinance by the Board of County
Commissioners. Failure to abide by such terms,requirements,and conditions may
result in a revocation of the Domestic Sewage Sludge Permit.
49 DOMESTIC SEPTIC SLUDGE Regulations
49.1 Intent and Applicability
49.1.1 The intent of the DOMESTIC SEPTIC SLUDGE Permit procedure is to ensure that
the quality of waste discharged on land in Weld County for beneficial uses is
applied in a manner which will protect and promote the health,safety,convenience,
and general welfare of the present and future residents of the COUNTY.
1111111 11111 IMO 1111111 IIII 1111111 III 111111 III IIII 992063
2718054 09/02/1999 11:24A Weld County CO ORD89-JJ
17A at 719 R 0.00 f 0.00 JA Suit! Tsukamoto
49.1.2 A DOMESTIC SEPTIC SLUDGE Permit shall be required for the discharge or
disposal of DOMESTIC SEPTIC SLUDGE in the unincorporated areas of the
COUNTY. .
49.1.3 Any contiguous parcel, or any number of noncontiguous parcels which are owned
by the same individual or group of individuals may be permitted under one
DOMESTIC SEPTIC SLUDGE Permit. However,the required evaluations,analysis
results, and fees shall be submitted for each one hundred sixty (160) acres or
fraction thereof.
49.1.4 DOMESTIC SEPTIC SLUDGE disposal sites and facilities that have been issued
a Certificate of Designation are exempted from the provisions of Section 49,
Domestic Septic Sludge Regulations, of this Ordinance.
49.1.5 Any person filing an application for a DOMESTIC SEPTIC SLUDGE Permit shall
comply with the COUNTY procedures and regulations in this Ordinance.
49.1.6 Applications for a DOMESTIC SEPTIC SLUDGE Permit shall be completed as set
forth in Section 49.2, Application Requirements. The completed application and
application fee shall be submitted to the Weld County Department of Public Health
and Environment.
49.1.7 A DOMESTIC SEPTIC SLUDGE Permit shall be for a period of one year, and is
renewable for one year periods only by grant of the Weld County Board of Health.
The permit shall be considered for renewal upon submittal sixty (60)days prior to
the expiration date of the permit. Any expansion or enlargement of the area for
which the DOMESTIC SEPTIC SLUDGE Permit is issued shall require a new
application under the provisions of Section 49, Domestic Septic Sludge
Regulations of this Ordinance. The applicant shall be entitled to twenty-one (21)
days notice prior to any hearing at which the Board of Health may refuse to renew
any portion of the permit.
49.1.8 The Board of County Commissioners hereby delegates the authority to review,
issue, and revoke DOMESTIC SEPTIC SLUDGE Permits to the Weld County
Board of Health, the Public Health Officer, and the Weld County Department of
Public Health and Environment as set forth in this Ordinance.
49.2 Operating Standards for DOMESTIC SEPTIC SLUDGE Permits
49.2.1 An applicant for a DOMESTIC SEPTIC SLUDGE permit shall demonstrate
conformance with the EPA 40 CFR Part 503 Rule for land application of domestic
septage to non-public contact sites and with the following operation standards prior
to incorporation of the DOMESTIC SEPTIC SLUDGE into the soil and shall
continue to meet these standards if the DOMESTIC SEPTIC SLUDGE permit is
approved.
49.2.1.1 DOMESTIC SEPTIC SLUDGE shall not be landspread on saturated soil during
precipitation events.
49.2.1.2. No DOMESTIC SEPTIC SLUDGE shall be applied in a quantity which would result
in the DOMESTIC SEPTIC SLUDGE running off the aptlication site identified in the
DOMESTIC SEPTIC SLUDGE permit.
49.2.1.3 No DOMESTIC SEPTIC SLUDGE shall be applied in a manner which results in
ponding of the septic sludge.
49.2.1.4 A DOMESTIC SEPTIC SLUDGE application site shall not be irrigated within twenty-
HMI III 111111III HIN 111111 11111 III lilt 992063
2718054 09/02/1999 11.248 Weld County CO ORD89-JJ
175 of 219 R 0.00 D 0.00 JA Suit! Tsukamoto
four(24) hours after DOMESTIC SEPTIC SLUDGE application has taken place.
49.2.1.5 No DOMESTIC SEPTIC SLUDGE shall be applied to land which is currently
receiving DOMESTIC SEWAGE SLUDGE from a wastewater treatment plant, has
received such wastes within the previous eighteen (18) months, or is permitted for
such use under Section 49,Domestic Septic Sledge Regulations of this Ordinance.
49.2.1.6 Root crops or table crops, when intended for direct human consumption, shall not
be grown on land which has received DOMESTIC SEPTIC SLUDGE application
within the previous eighteen (18) months.
49.2.1.7 Grazing by livestock shall not be allowed within six (6) weeks of any DOMESTIC
SEPTIC SLUDGE application.
49.2.1.8 Public access to septic sludge application sites shall be restricted during the life of
the permit and for a period of eighteen (18) months after the last application.
Access shall be restricted by the remote locations, fencing, or posting of the site to
minimize human contact with DOMESTIC SEPTIC SLUDGE.
49.2.1.9 DOMESTIC SEPTIC SLUDGE shall be applied uniformly by either subsurface
injection or on-surface deflection. If applied on the surface, a deflector must be
used on the discharge tube of the vehicle to sufficiently spread septic sludge at a
maximum rate of eleven one hundredths (0.11) gal/square ft.
49.2.1.10 DOMESTIC SEPTIC SLUDGE applied on the surface shall be incorporated into the
soil within twelve (12) hours of application.
49.2.1.11 Annual DOMESTIC SEPTIC SLUDGE application rates shall not exceed twenty-
five thousand (25,000) gallons per acre per year.
49.2.1.12 No DOMESTIC SEPTIC SLUDGE shall be applied:
49.2.1.12.1 Within a minimum of five hundred (500) feet of a residence, business, or
recreational area.
49.2.1.12.2 Within a minimum of fifty (50) feet of the property line of the disposal site.
49.2.1.12.3 Without the depth of the annual high groundwater level having been established
as greater than seven (7)feet in depth.
49.2.1.12.4 Within five hundred (500)feet of the wellhead of a well supplying water for human
consumption.
49.2.1.12.5 Within one hundred (100)feet of the wellhead of any water well.
49.2.1.12.6 On land located up gradient, and within one (1) mile, of the point at which surface
waters are diverted for use in a PUBLIC water system.
49.2.1.12.7 Within the boundaries of a one hundred (100) year floodplain.
49.2.1.12.8 On land within three hundred (300) feet of any body of surface water.
49.2.1.12.9 On land within fifty (50)feet of a dry streambed; and
49.2.1.12.10 On land having a trace element level that equals or exceeds the following
maximum cumulative standards.
AIM 1111
2718034 09/02/1999 11:248 Weld County CO 992063
178 of 219 R 0.00 D 0.00 JR Suki Tsukamoto f ORD89-JJ
11111111111111111 III 1111111 IMI 1111111 III 111111 III IIII
2718054 09/02/1999 11:24A Wald County CO
177 of 219 R 0.00 D 0.00 JA Suki Tsukamoto
992063
40-35 ORD89-JJ
Trace element PPM
Cadmium 2.5
Copper 62.5
Lead 175
Nickel 25
Zinc 125
49.2.13 Soil sampling shall be conducted prior to septic sludge application at the site and
annually thereafter.
49.2.14 Soil samples shall be analyzed per the following schedule:
Parameter Units
Soil, texture
pH pH units
CEC meg/100g**
Nitrate as N ppm***
Phosphorus ppm
Potassium ppm
Sodium ppm
Cadmium ppm
Copper ppm
Lead ppm
Nickel ppm
Zinc ppm
Organic Matter
* Cation exchange capability
** Milliequivalent per one hundred grams
*** Parts per million
49.2.15 The owner or operator of record of the property for land application of DOMESTIC
SEPTIC SLUDGE shall be responsible for maintaining the following records:
49.2.15.1 A record of all persons or entities transporting and disposing of DOMESTIC
SEPTIC SLUDGE to the site.
49.2.15.2 Daily records to show all loads received and disposed at the site.
49.2.15.3 Transporter log records and invoice records maintained by the operator on site
which shall contain, at a minimum, the following information:
49.2.15.3.1 Name of licensed septic cleaner pumping the system.
49.2.15.3.2 Name and address and location of septic system serviced.
49.2.15.3.3 Date and time of servicing.
49.2.15.3.4 Type of system and description of all wastes pumped.
49.2.15.3.5 Gallons collected.
49.2.15.3.6 Disposal location.
49.2.15.3.7 Date and time of disposal.
11111111111111111 III 1111111111 1111111 III 111111 III IIII
2718054 09/02/1999 11:24A Weld County CO 992063
178 of 219 R 0.00 0 0.00 JA Sukl Tsukamoto ORD89-JJ
49.2.15.4 All records shall be kept on file and available for inspection for a period of four(4)
years from the point in time when the first application occurs at the site.
49.2.15.5 All persons transporting DOMESTIC SEPTIC SLUDGE in the COUNTY shall be
licensed as a septic cleaner pursuant to the Weld County Individual Sewage
Disposal System Regulations.
49.2.16 All DOMESTIC SEPTIC SLUDGE applied at permitted sites shall be tested for and
demonstrated not to exceed the following parameters:
Parameters Maximum Load (as is basA)
Cadmium 1 mg/1
Copper 0.5 mg/1
Lead 5.0 mg/1
Nickel 1.0 mg/1
Zinc 30 mg/1
49.2.16.1 Composite samples of DOMESTIC SEPTIC SLUDGE from different septic tanks
may be tested to determine the character of the sludge. Composite samples shall
be taken in a manner that provides for a good representation of all DOMESTIC
SEPTIC SLUDGE included.
49.3 Application Requirements for a DOMESTIC SEPTIC SLUDGE Permit
49.3.1 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:
49.3.1.1 The following general information shall be on a form provided by the Weld County
Department of Public Health and Environment:
49.3.1.1.1 Name, address, and telephone number of the DOMESTIC SEPTIC SLUDGE
transporter and applicator.
49.3.1.1.2 Name and address of the property owners proposed for the DOMESTIC SEPTIC
SLUDGE Permit if different from above.
49.3.1.1.3 A legal description of the property where the DOMESTIC SEPTIC SLUDGE is to
be applied.
49.3.1.1.4 Total acreage of the property under consideration.
49.3.1.1.5 Existing land USE of the property under consideration.
49.3.1.1.6 Existing land USES of all properties ADJACENT to the property under
consideration.
49.3.1.1.7 Present zone and overlay zones, if appropriate.
49.3.1.1.8 Signatures of the transporter applicator, and property owners or their authorized
legal agent.
49.3.1.2 Hydrologic data pertaining to the site including:
49.3.1.2.1 The location and depth of all wells within one (1) mile, depth to water, water use,
1 HID 11111111111 III 1111111 liii 1111111 III 111111 III IIII 992063
2718054 09/02/1999 11:248 Weld County CO ORD89-JJ
179 of 219 R 0.00 0 0.00 JA Suitt Tsukamoto
yield, and an evaluation of impact of the proposed application on the groundwater.
49.3.1.2.2 Location of all lakes, rivers, streams, springs, and bogs within one (1)mile of the
site.
49.3.1.2.3 The depth to the annual high groundwater table.
49.3.1.3 Soils data pertaining to the site including:
49.3.1.3.1 Soils classification of each field as mapped or described by the U.S. Department
of Agriculture, Soil Conservation Service or equivalent.
49.3.1.3.2 Soil test data including the parameters of Section 49.2.14.
49.3.1.3.3 Soil test data demonstrating that five (5) feet of SUITABLE SOIL will exist at all
sludge application sites between the plowline and the top of the high groundwater
table.
49.3.1.4 An operation and management plan for the site including:
49.3.1.4.1 Methods of DOMESTIC SEPTIC SLUDGE application and incorporation.
49.3.1.4.2 Any provisions for storage of DOMESTIC SEPTIC SLUDGE at the site including
type of storage and spill containment and clean-up procedures.
49.3.1.4.3 Types and use of all crops grown on the site during and for eighteen (18) months
after cessation of DOMESTIC SEPTIC SLUDGE application.
49.3.1.4.4 A schedule of DOMESTIC SEPTIC SLUDGE application,harvesting,and fallowing
of crop lands.
49.3.1.5 Irrigation methods and schedule for the site.
49.3.1.6 The number of gallons of DOMESTIC SEPTIC SLUDGE to be applied per acre.
49.3.1.7 Results of piezometric tube monitoring, test bores or other groundwater level
monitoring results verifying the annual high groundwater level at the minimum
depth which occurs on the site.
49.3.1.8 Results of test bores or other results verifying the minimum depth to bedrock which
occurs on the site.
49.3.1.9 Alternate sludge disposal plans, the name and address of the disposal site, the
name and address of any operator, and a copy of the contract.
49.3.1.10 A written statement demonstrating the applicant's ability to apply DOMESTIC
SEPTIC SLUDGE either by direct injection or surface application with immediate
incorporation into the soil.
49.3.1.11 A written statement demonstrating that the applicant has alternate methods of
disposal available during cold weather months when injection or incorporation is
not possible.
49.3.1.12 A written statement demonstrating that the applicant can and will off-load a
minimum of sixty (60)feet from county roads.
11111111111111111 III 1111111 (III 1111111 III 1111111 II 1111 992063
2718054 09/02/1999 1112411 Weld County CO ORD89-JJ
180 of 219 R 0.00 D 0.00 JA SukI Tsukamoto
49.3.1.13 A written statement demonstrating that at no time will an application site have an
odor reading of greater than seven to one (7:1) dilution/threshold as measured
according to Regulation#2 of the Colorado Air Quality Control Regulations.
49.3.1.14 A written statement demonstrating that the applicant has the ability to prevent,
control, and abate spillage.
49.3.1.15 Awritten statement demonstrating that the applicant can and will handle,store,and
dispose of DOMESTIC SEPTIC SLUDGE in a manner that controls fugitive dust,
blowing debris, odor and other potential nuisance conditions.
49.3.1.16 A written statement demonstrating how the proposed USE will be compatible with
the existing surrounding land uses.
49.3.1.17 A written statement demonstrating how the proposed USE will be compatible with
the future DEVELOPMENT of the surrounding area as permitted by the existing
zone and with future DEVELOPMENT as projected 'uy the COMPREHENSIVE
PLAN of the COUNTY or the adopted MASTER PLANS of affected municipalities.
49.3.1.18 A written statement demonstrating how adequate provision for the protection of the
health, safety, and welfare of the inhabitants of the NEIGHBORHOOD and the
COUNTY will be maintained.
49.3.1.19 A map that shows and complies with the following requirements:
49.3.1.19.1 The minimum size of the map shall be eighteen (18) inches by twenty-four (24)
inches.
49.3.1.19.2 The scale shall be a suitable scale allowing for legible reading.
49.3.1.19.3 Section, township, and range.
49.3.1.19.4 North arrow.
49.3.1.19.5 Outline of the perimeter of the property under consideration.
49.3.1.19.6 The location and names of all roads abutting the property under consideration.
49.3.1.19.7 The location and name of any water features or irrigation ditches within the
perimeter of the property under consideration.
49.3.1.19.8 All existing and proposed STRUCTURES on the property under consideration.
49.3.1.19.9 The location of all occupied DWELLINGS within a one mile radius of the property
under consideration.
49.3.1.20 Any additional information as may be required by the Weld County Department of
Public Health and Environment or Board of Health in order to determine that the
application meets the requirements of this Ordinance.
49.3.1.21 The number of copies required for processing the application. The exact number
of copies shall be determined by the Weld County Department of Public Health and
Environment.
49.4 Duties of the Environmental Protection Services.
49.4.1 The Weld County Department of Public Health and Environment shall be
11111111111111111 IIII 1111111 III 1111111 II 1111 992063
2718054 09/02/1999 11:24R Weld County CO I ORD89-JJ
181 of 219 R 0.00 D 0.00 JR Sukl Taukamoto
responsible for processing all applications for DOMESTIC SEPTIC SLUDGE
Permits in the unincorporated areas of Weld County. It shall also have the
responsibility of ensuring that all application submittal requirements are met prior
to initiating any official action as listed below.
49.4.2 Upon determination that the application submittal is complete, the Weld County
Department of Public Health and Environment shall:
49.4.2.1 Set a Weld County Board of Health hearing date not more than forty-five(45)days
after the complete application has been submitted.
49.4.2.2 Arrange for legal notice of the Board of Health hearing to be published in the
newspaper designated by the Board of County Commissioners for publication of
notices. At the discretion of the Weld County Department of Public Health and
Environment,a second notice may be published in a newspaper which is published
in the area in which the DOMESTIC SEPTIC SLUDGE Permit 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.
49.4.2.3 Provide a sign for the applicant to post on the property under consideration for a
DOMESTIC SEPTIC SLUDGE Permit. The sign shall be posted adjacent to and
visible from a publicly maintained road right-of-way. In the event the property under
consideration is not adjacent to a publicly maintained road right-of-way, the
applicant shall post one sign in the most prominent place on the property and post
a second sign at the point at which the driveway(access drive)intersects a publicly
maintained road right-of-way. The sign shall be posted by the applicant,who shall
certify that the sign has been posted for the ten (10) days preceding the hearing
date. The sign shall show the following information:
49.4.2.3.1 DOMESTIC SEPTIC SLUDGE Permit number.
49.4.2.3.2 Date and place of Public Hearing.
49.4.2.3.3 Location and phone number of the public office where additional information may
be obtained.
49.4.2.3.4 Applicant's name.
49.4.2.3.5 Size of parcel of land.
49.4.2.3.6 Type of request.
49.4.2.4 Refer the application to the following agencies, when applicable, for their review
and comment. The agencies named shall respond within fourteen (14)days after
the mailing of the application by the COUNTY. The failure of any agency to
respond within fourteen (14)days may be deemed to be a favorable response to
the COUNTY. The reviews and comments solicited by Weld County are intended
to provide the COUNTY with information about the proposed DOMESTIC SEPTIC
SLUDGE Permit. The Weld County Department of Public Health and Environment
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.
49.4.2.4.1 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 DOMESTIC SEPTIC SLUDGE Permit.
HID 11111111111 III 1111111 IIII 1111111 III 1111111 II IIII 992063
2718054 09/02/1999 11:24R Weld County CO ORD89-JJ
182 of 219 R 0.00 D 0.00 JR Sukl Tsukamoto
49.4.2.4.2 The Planning Commission or Governing Body of any city or town that has included
the parcel in its MASTER PLANNING area.
49.4.2.4.3 Weld County Department of Planning Services.
49.4.2.4.4 Weld County Department of Public Works.
49.4.2.4.5 Colorado Department of Public Health and Environment.
49.4.2.4.6 Colorado Department of Transportation.
49.4.2.4.7 Colorado State Engineer or appropriate water district or municipality.
49.4.2.4.8 Any irrigation ditch company with facilities on or adjacent to the parcel under
consideration for a DOMESTIC SEPTIC SLUDGE Permit.
49.4.2.4.9 Any other agencies or individuals whose review the Weld County Department of
Public Health and Environment may deem necessary.
49.4.2.5 Prepare a staff recommendation for use by the Board of Health addressing all
aspects of the application, its conformance with the standards contained in this
Ordinance and comments received from agencies to which the proposal was
referred.
49.5 Duties of the Weld County Board of Health.
49.5.1 The Weld County Board of Health shall hold a public hearing to consider the
application and shall either issue or deny all or any portion of the DOMESTIC
SEPTIC SLUDGE Permit. In making a decision on the proposed DOMESTIC
SEPTIC SLUDGE Permit, the Board shall consider the recommendation of the
Weld County Department of Public Health and Environment,facts presented at the
public hearing, and the information contained in the official record, which includes
the Environmental Health Protection Services'case file. The Board shall approve
all or any portion of the DOMESTIC SEPTIC SLUDGE Permit unless it finds that
the applicant has not met one or more of the standards or conditions of Section
49.5.1.1 through 49.5.1.9. The applicant has the burden of proof to show that the
standards and conditions of Sections 49.5.1.1 through 49.5.1.9 are met. The
ap;:licant shall demonstrate:
49.5.1.1 That the septic sludge will be applied either by direct injection or surface application
with immediate incorporation into the soil.
49.5.1.2 That alternate methods of disposal are available during cold weather months when
injection or incorporation are not possible.
49.5.1.3 That a minimum of sixty (60) feet from county roads will be maintained when off-
loading.
49.5.1.4 That at no time shall an application site have an odor reading of greater than a
seven to one(7:1)dilution/threshold according to Regulation#2 of the Colorado Air
Quality Control Regulations.
49.5.1.5 That the ability to prevent, control, and abate spillage of septic sludge shall be
maintained.
49.5.1.6 That the methods of handling, storage, and disposal of the DOMESTIC SEPTIC
SLUDGE shall control fugitive dust, blowing debris, odor and other potential
1111111 11111 111111 III 11111111El 1111111 III 1111111111111 992063
2718054 09/02/1999 11:24A Weld County CO ORD89-JJ
183 of 219 R 0.00 D 0.00 JA Suitt Tsuksmoto
nuisance conditions.
49.5.1.7 That the USE will be compatible with the existing surrounding land USES.
49.5.1.8 That the USE 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 municipalities.
49.5.1.9 That there is adequate provision for the protection of the health,safety,and welfare
of the inhabitants of the NEIGHBORHOOD and the COUNTY.
49.5.2 Where reasonable methods or techniques are available to mitigate any negative
impacts which could be generated by the approval of the DOMESTIC SEPTIC
SLUDGE Permit upon the surrounding area,the Board of Health may condition the
decision to approve all or any portion of the permit upon implementation of such
methods or techniques and may require sufficient performance guarantees to be
posted with the COUNTY to guarantee such implementation.
49.5.3 Upon the Board of Health making its decision on the DOMESTIC SEPTIC SLUDGE
Permit, a record of such action and a copy of the permit shall be kept in the files of
the Weld County Department of Public Health and Environment'Office and a copy
sent to the Weld County Clerk to the Board's Office.
49.5.4 If the Board of Health determines that the applicant has not met the standards or
conditions of Sections 49.5.1.1 through 49.5.1.9 and denies all or any portion of a
DOMESTIC SEPTIC SLUDGE Permit,the applicant may request,within thirty(30)
days of the Board of Health's decision, to appear before the Board of County
Commissioners in a public hearing. The Weld County Department of Public Health
and Environment shall schedule the hearing before the Board of County
Commissioners using the notice requirements of Sections 49.4.2.2 and 49.4.2.3
and notifying anyone who testified at the Board of Health's hearing. The Board of
County Commissioners will consider the application and determine if the applicant
has met the standards or conditions of Sections 49.5.1.1 through 49.5.1.9. The
Board of County Commissioners may reverse, affirm, or modify the Board of
Health's decision.
49.6 DOMESTIC SEPTIC SLUDGE Permit Renewal Application.
49.6.1 The purpose of the renewal application is to give the applicant an opportunity to
demonstrate through written and graphic information how the renewal complies
with the standards of this Ordinance. The following information shall be submitted
as a part of the renewal application to renew all or any portion of a DOMESTIC
SEPTIC SLUDGE Permit:
49.6.1.1 A renewal application form as provided by the Weld County Department of Public
Health and Environment.
49.6.1.2 An explanation of any changes that are requested or that have occurred since the
issuance of the DOMESTIC SEPTIC SLUDGE Permit.
49.6.1.3 The number of gallons of DOMESTIC SEPTIC SLUDGE to be applied per acre.
49.6.1.4 The analysis of previously applied DOMESTIC SEPTIC SLUDGE.
49.6.1.5 Evidence showing that the DOMESTIC SEPTIC SLUDGE meets the criteria
established by Section 49.2, Operating Standards for Domestic Septic Sludge
1111111 11111 111111 III VEIN 1111111 III 1111111 111111 992063
2718054 09/02/1999 11:24A Weld County CO ORD89-JJ
IRA at 210 0 M 9R n A 9W JO Suitt TmukAmnln
Permits, of this Ordinance.
49.6.1.6 A soil analysis of the site. The soil analysis shall have been done within sixty (60)
days of the submittal for renewal.
49.6.1.7 Any additional information as may be required by the Weld County Department of
Public Health and Environment or Board of Health in order to determine that the
renewal application meets the requirements of this Ordinance.
49.6.2 Duties of the Environmental Protection Services
49.6.2.1 The Weld County Department of Public Health and Environment shall be
responsible for processing all applications for the renewal of DOMESTIC SEPTIC
SLUDGE Permits in the unincorporated areas of Weld County. The duties of the
Weld County Department of Public Health and Environment for processing a
DOMESTIC SEPTIC SLUDGE Permit renewal shall be the same as outlined in
Section 49.4, Duties of the Weld County Department of Public Health and
Environment of this Ordinance. At the discretion of the Weld County Department
of Public Health and Environment upon the request of the permittee,the notice and
posting requirements on all or any portion of the permit may be waived when a
DOMESTIC SEPTIC SLUDGE Permit is considered for renewal based upon the
remoteness, nature of the sludge, characteristics of the soil, type of crop,
enforcement actions, and prior public comments or complaints.
49.6.3 Duties of the Weld County Board of Health.
49.6.3.1 The duties of the Weld County Board of Health for considering a renewal of a
DOMESTIC SEPTIC SLUDGE Permit shall be the same as outlined in Section
49.5, Duties of the Weld County Board of Health of this Ordinance.
49.7 Violations
49.7.1 The COUNTY through its Board of Health, Public Health Officer, Weld County
Department of Public Health and Environment,or other departments so authorized,
may enforce the provisions of Section 49, DOMESTIC SEPTIC SLUDGE
REGULATIONS, of this Ordinance and the terms, requirements,and conditions of
an approved DOMESTIC SEPTIC SLUDGE Permit through methods included in
this Ordinance or through other methods adopted by resolution or ordinance by the
Board of County Commissioners. Failure to abide by such terms, requirements,
and conditions may result in a revocation of the DOMESTIC SEPTIC SLUDGE
Permit.
111111111111 11111 III1111111IIII 1111111 III 1111111111111
2718054 09/02/1999 11:24R Weld County CO 992063
185 of 219 R 0.00 D 0.00 JA Suitt "'sultanate 43 ORD89-JJ
TABLE OF CONTENTS
SECTION PAGE
50 OVERLAY DISTRICTS 50-1
51 A-P (AIRPORT) OVERLAY DISTRICT 50-1
52 GEOLOGIC HAZARD OVERLAY DISTRICT 50-5
53 FLOOD HAZARD OVERLAY DISTRICT 50-6
54 PLANNED UNIT DEVELOPMENT OVERLAY 50-12
DISTRICT
111111111111111111 III 1111111 III' 1111111 III 111111111 I1ll
2718054 09/02/1999 11:24A Weld County CO
188 of 219 R 0.00 D 0.00 JA Suki Tsukemoto
992063
ORD89-JJ
50 Overlay Districts
51 A-P (Airport) Overlay District
51.1 DEFINITIONS:: As used in this Section 51, unless the context otherwise requires:
AIRPORT: Greeley-Weld County Airport, located in Sections 2 and 3, T5N, and Sections 26 and
35, T6N, R65W of the 6th P.M., Weld County, Colorado.
AIRPORT ELEVATION: The established elevation of the highest point on the usable landing area
(4,690 feet above sea level).
AIRPORT REFERENCE POINT: The point established as the geographic center of the airport
landing area. The reference point at Greeley-Weld County Airport is a point thirty-one thousand feet
(3,100')west of the east line of Section 2,T5N, R68W of the 6th P.M., Weld County, Colorado, and
two thousand two hundred fifty feet (2,250') south of the north line of said Section 2, which
geographic coordinates are Latitude forty(40)degrees,twenty-six feet(26'),eight inches(8")north
and Longitude one hundred four(104)degrees, thirty-seven feet(37'), fifty-five inches (55") west.
APPROACH SURFACE: A surface longitudinally centered on the extended runway centerline,
extending outward and upward from the end of the primary surface and at the same slope as the
approach zone height limitation slope set forth in this Section. In plan,the perimeter of the approach
surface coincides with the perimeter of the approach zone.
APPROACH,TRANSITIONAL, HORIZONTAL AND CONICAL ZONES: These zones are set forth
in Section 51.2, Airport Zone.
CONICAL SURFACE: A surface extending outward and upward from the periphery of the horizontal
surface at a slope of twenty to one(20 to 1) for a horizontal distance of four thousand feet(4000').
HAZARD TO AIR NAVIGATION: An obstruction determined to have a substantial adverse effect
on the safe and efficient utilization of the navigable airspace.
HEIGHT: For the purpose of determining the HEIGHT limits in all zones set forth in this Section and
shown on the zoning map, the datum shall be MEAN SEA LEVEL elevation unless otherwise
specified.
HORIZONTAL SURFACE: A horizontal plane one hundred fifty feet(150') above the established
airport elevation, the perimeter of which in plan coincides with the perimeter of the horizontal zone
(four thousand eight hundred forty feet(4,840'above sea level).
LARGER THAN UTILITY RUNWAY: A RUNWAY that is constructed for and intended to be used
by propeller driven aircraft of greater than twelve thousand five hundred(12,500)pounds maximum
gross weight and jet powered aircraft.
NONCONFORMING USE: Any pre-existing STRUCTURE, object of natural growth, or use of land
which is inconsistent with the provisions of the Ordinance or an amendment thereto.
OBSTRUCTION: Any structure, growth, or other object, including a mobile object, which exceeds
a limiting HEIGHT set forth in Section 51.3, Airport Zone Height Regulations of this Ordinance.
PERSON: An individual, firm, partnership, corporation, company, association, joint stock
association or government entity; includes a trustee, a receiver, an assignee, or a similar
representative of any of them.
PRECISION INSTRUMENT RUNWAY: A RUNWAY having an existing instrument approach
HBO 11111111111 ��I1111111 ���� 1111111 ��� 1111111 �� 1111 992063
2718054 09/02/1999 11:24A Weld County CO ORD89-JJ
187 of 219 R 0.00 D 0.00 JA Suki Tsukamoto
procedure utilizing an Instrument Landing System (ILS). It also means a runway for which a
precision approach system is planned and is so indicated on an approved airport layout plan or any
other planning document.
PRIMARY SURFACE: A surface longitudinally centered on a RUNWAY extending two hundred
(200)feet beyond each end of that RUNWAY. The elevation of any point on the primary surface
is the same as the elevation of the nearest point on the RUNWAY centerline. The width of a primary
surface is:
(1) Two hundred fifty (250) feet for RUNWAYS having only visual approaches.
(2) One thousand (1,000) feet for precision INSTRUMENT RUNWAYS.
RUNWAY: A defined area on an AIRPORT prepared for landing and takeoff of aircraft along its
length.
STRUCTURE: An object, including a mobile object, constructed or installed by man, including but
without limitation, BUILDINGS, towers, cranes, smokestacks, earth formation, and overhead
TRANSMISSION LINES.
TRANSITIONAL SURFACE: These surfaces extend outward at ninety (90) degree angles to the
RUNWAY centerline and the RUNWAY centerline extended at a slope of seven(7)feet horizontally
for each one (1)foot vertically from the sides of the primary and approach surfaces to where they
intersect the horizontal and conical surfaces. Transitional surfaces for those portions of the
precision approach surfaces, which project through and beyond the limits of the conical surface,
extend a distance of five thousand(5,000)feet measured horizontally from the edge of the approach
surface and at ninety (90) degree angles to the extended RUNWAY centerline.
TREE: Any object of natural growth.
UTILITY RUNWAY: A RUNWAY that is constructed for and intended to be used by propeller driven
aircraft of twelve thousand five hundred (12,500) pounds maximum gross weight and less.
VISUAL RUNWAY: A RUNWAY intended solely for the operation of aircraft using visual approach
procedures.
51.2 AIRPORT ZONE: In order to carry out the provisions of this Ordinance, there are hereby created
and established certain zones which include all of the land lying beneath the approach surfaces,
transitional surfaces, horizontal surfaces, and conical surfaces as they apply to Greeley-Weld
County Airport. Such zones are shown on Greeley-Weld County Airport Zoning Map consisting of
one (1) sheet, prepared by Isbill Associates, Inc., Airport Consultants, dated June, 1994, which is
attached to this Ordinance and made a part hereof. An area located in more than one of the
following zones is considered to be only in the zone with the more restrictive height limitation. The
various zones are hereby established and defined as follows:
51.2.1 UTILITY RUNWAY VISUAL APPROACH ZONE: The inner edge of this approach
zone coincides with the width of the primary surface and is two hundred fifty(250)
feet wide. The approach zone expands outward uniformly to a width of one
thousand two hundred fifty (1,250) feet at a horizontal distance of five thousand
(5,000) feet from the primary surface. Its centerline is the continuation of the
centerline of the RUNWAY.
51.2.2 RUNWAY LARGER THAN UTILITY VISUAL APPROACH ZONE: The inner edge
of this approach zone coincides with the width of the primary surface and is one
thousand (1,000) feet wide. The approach zone expands outward uniformly to a
width of one thousand five hundred (1,500) feet at a horizontal distance of five
thousand (5,000) feet from the primary surface. Its centerline is the continuation
11111111111 IIIIII III 1111111111111111111111111111111111 992063
2718054 09/02/1999 11:24A Weld County CO ORD89-JJ
188 of 219 R 0.00 D 0.00 JA Sukl Tsukamoto
of the centerline of the RUNWAY.
51.2.3 PRECISION INSTRUMENT RUNWAY APPROACH ZONE: The inner edge of this
approach zone coincides with the width of the primary surface and is one thousand
(1,000) feet wide. The approach zone expands outward uniformly to a width of
sixteen thousand (16,000) feet at a horizontal distance of fifty thousand (50,000)
feet from the primary surface. Its centerline is the continuation of the centerline of
the RUNWAY.
51.2.4 TRANSITIONAL ZONE: The transitional zones are the areas beneath the
transitional surfaces.
51.2.5 HORIZONTAL ZONE: The horizontal zone is established by swinging arcs of five
thousand (5,000) feet radii for all RUNWAYS designated utility or visual and ten
thousand (10,000) feet for all others from the center of each end of the primary
surface of each RUNWAY and connecting the adjacent arcs by drawing lines
tangent to those arcs. The horizontal zone does not include the approach and
transitional zones.
51.2.6 CONICAL ZONE: The conical zone is established as the area that commences at
the periphery of the horizontal zone and extends outward therefrom a horizontal
distance of four thousand (4,000) feet.
51.3 AIRPORT ZONE HEIGHT LIMITATIONS: Except as otherwise provided in this Ordinance, no
structure shall be erected, altered, or maintained, and no tree shall be allowed to grow in any zone
created by this Ordinance to a HEIGHT tin excess of the applicable HEIGHT herein established for
such zone. Such applicable HEIGHT limitations are hereby established for each of the zones in
question as follows:
51.3.1 UTILITY RUNWAY VISUAL APPROACH ZONE: Slopes of twenty (20) feet
outward for each foot upward beginning at the end of and at the same elevation as
the primary surface and extending to a horizontal distance of five thousand(5,000)
feet along the extended RUNWAY centerline.
51.3.2 RUNWAY LARGER THAN UTILITY VISUAL APPROACH ZONE: Slopes twenty
(20) feet outward for each foot upward beginning at the end of and at the same
elevation as the primary surface and extending to a horizontal distance of five
thousand (5,000) feet along the extended RUNWAY centerline.
51.3.3 PRECISION INSTRUMENT RUNWAY APPROACH ZONE: Slopes fifty (50)feet
outward for each foot upward beginning at the end of and at the same elevation as
the primary surface and extending to a horizontal distance of ten thousand(10,000)
feet along the extended RUNWAY centerline;thence slopes upward forty(40)feet
horizontally for each foot vertically to an additional horizontal distance of forty
thousand (40,000) feet along the extended RUNWAY centerline.
51.3.4 TRANSITIONAL ZONE: Slopes seven feet outward for each foot upward beginning
at the sides of and at the same elevation as the primary surface and the approach
surface, and extending to a HEIGHT of one hundred fifty (150) feet above the
AIRPORT ELEVATION which is four thousand six hundred ninety (4,690) feet
above MEAN SEA LEVEL. In addition to the foregoing, there are established
HEIGHT limits sloping seven feet outward for each foot upward beginning at the
sides of and the same elevation as the approach surface, and extending to where
they intersect the conical surface. Where the precision INSTRUMENT RUNWAY
approach zone projects beyond the conical zone, there are established HEIGHT
limits sloping seven feet outward for each foot upward beginning at the sides of and
the same elevation as the aooroach surface, and extending a horizontal distance
ARM 111111III1111111IIII1111111III1111111II1111 992063
2718054 09/02/1999 11:248 Weld County CO ORD89-JJ
Iae as 219 R 0.00 D 0.00 JA Suki Tsukemoto
of five thousand (5,000) feet measured at ninety (90) degree angles to the
extended RUNWAY centerline.
51.3.5 HORIZONTAL ZONE: Established at one hundred fifty (150) feet above the
AIRPORT ELEVATION or at a HEIGHT of four thousand eight hundred forty
(4,840) feet above MEAN SEA LEVEL.
51.3.6 CONICAL ZONE: Slopes twenty (20) feet outward for each one (1) foot upward
beginning at the periphery of the horizontal zone and at one hundred fifty(150)feet
above the AIRPORT ELEVATION and extending to a HEIGHT of three hundred fifty
(350) feet above the AIRPORT ELEVATION.
51.4 USE RESTRICTION: Notwithstanding any other provisions of this Section, no use may be made
of land or water within any zone established by this Section in such a manner as to create electrical
interference with navigational signals or radio communication between the AIRPORT and aircraft,
make it difficult for pilots to distinguish between AIRPORT lights and others, result in glare in the
eyes of pilots using the AIRPORT, impair visibility in the vicinity of the AIRPORT, create bird strike
hazards, or otherwise in any way endanger or interfere with the landing, takeoff, or maneuvering
of aircraft intending to use the AIRPORT.
51.5 NONCONFORMING USE:
51.5.1 REGULATIONS NOT RETROACTIVE: The regulations prescribed in this Section
shall not be construed to require the removal, lowering, or other change or
alteration of any STRUCTURE or tree not conforming to the regulations as the
effective date of this Section, or otherwise interfere with the continuance of a
NONCONFORMING USE. Nothing contained herein shall require any change in
the construction,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.
51.5.2 MARKING AND LIGHTING: Notwithstanding the preceding provision of this
Section, the owner of any existing NONCONFORMING STRUCTURE or tree is
hereby required to permit the installation, operation, and maintenance thereon of
such markers and lights as shall be deemed necessary by the Greeley-Weld
County Airport Authority to indicate to the operators of aircraft in the vicinity of the
AIRPORT the presence of such obstruction. Such markers and lights shall be
installed, operated, and maintained at the expense of the Greeley-Weld County
Airport Authority.
51.6 VARIANCES Any person desiring to erect or increase the HEIGHT of any STRUCTURE,or permit
the growth of any tree, or use property, not in accordance with the regulations prescribed in this
Section, may apply to the Board of Adjustment for a variance from such regulations under Section
61.3. The application for variance shall be accompanied by a determination from the Federal
Aviation Administration as to the effect of the proposal on the operation of air navigation facilities
and the safe, efficient use of navigable airspace.
52 Geologic Hazard Overlay District
52.1 Finding of Fact. Within the COUNTY there are areas subject to unstable geologic conditions which
may cause serious damage to properties and may endanger the safety of residents in such areas.
The imprudent USE and occupation of these areas will pose a continuing danger to life and
property, unless appropriate land USE measures are implemented.
52.2 Purpose. The purpose and intent of the Geologic Hazard Overlay District regulations shall be to:
IIIIIII 11111 IIIIII III IIIIIII IIII IIIIIII III IIII VIII IIII 992063
2718054 09/02/1989 11:24A We Coun1Y CO ORD89-JJ
4001 ea 210 R 0.00 D 0.00 JA Suitt Tsukamolo
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 adverse 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 constructed so as to prevent danger to human life or property within such
STRUCTURE.
52.2.4 Protect the public from the burden of excessive 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 Commissioners will be free froi I I the regulated hazard.
52.4 USES Permitted. USES listed as allowed by right and their ACCESSORY USES in the
UNDERLYING ZONING DISTRICT may be permitted in the GEOLOGIC HAZARD OVERLAY
DISTRICT without obtaining a GEOLOGIC HAZARD OVERLAY DISTRICT Development Permit.
Any person applying for a Use by Special Review, MAJOR FACILITY of a PUBLIC UTILITY and
PUBLIC AGENCY, 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 OVERLAY DISTRICT Development Permit before any
of these applications are considered finally approved by the Board of County Commissioners.
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 the 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 citizens and
decision makers of the potential severity of the GEOLOGIC HAZARD. The
application requirements within the three categories 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
Department of Planning Services. Where there is a conflict between the boundary
lines illustrated on the map and the actual field conditions, the disputes shall be
settled according to Section 60, Board of Adjustment of this Ordinance.
11111111111111111111111111111111111111111!111111111111
2718064 09/02/1999 11:248 Weld CountyC0992063
191 of 219 R 0.00 D 0.00 JA Sukl Taukamoto 5 ORD69-JJ
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 the 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 FLOOD PROOFED, ELEVATED or otherwise
protected from flood damage also contribute to flood losses.
53.2 Purpose. The purpose and intent of these FLOODPLAIN regulations shall be to:
53.2.1 Protect human life.
53.2.2 Minimize the need for rescue and relief efforts 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,
electric, telephone and sewer lines, STREETS and bridges located in FLOOD
HAZARD AREA.
53.2.7 Promote the public health, safety and general welfare.
53.2.8 Help maintain a stable tax base by providing for the sound USE and
DEVELOPMENT of AREAS OF SPECIAL FLOOD HAZARD so as to minimize
future FLOOD blight areas.
53.2.9. Ensure that potential buyers are notified that property is in an AREA OF SPECIAL
FLOOD HAZARD.
53.2.10 In order to accomplish its purposes, this Ordinance includes methods and
provisions for:
53.2.10.1 Restricting or prohibiting USES which are dangerous to health,safety,and property
due to water or erosion hazards, or which result in damaging increases in erosion
or in FLOOD heights or velocities.
53.2.10.2 Requiring that USES vulnerable to FLOODS, including facilities which serve such
USES, be protected against FLOOD damage at the time of initial construction.
53.2.10.3 Controlling the alteration of natural FLOOD PLAINS, stream channels,and natural
protective barriers, which help accommodate or channel FLOOD waters.
53.2.10.4 Controlling filling, grading, dredging, and other DEVELOPMENT which may
increase FLOOD damage.
53.2.10.5 Preventing or regulating the construction of FLOOD barriers which will unnaturally
divert FLOOD waters or which may increase FLOOD hazards in other areas.
111111111111111111III111111111111111111III111111111IIII 992063
2718054 09/02/1999 11:24A Weld County CO ORD89-JJ
1O9 wo 219 R 0.00 0 0.00 JA Suitt Tsukamoto
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 engineering 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 the COUNTY, any officer or employee thereof or the Insurance and
Mitigation of the Federal Emergency Management 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 the COUNTY,two(2)
FLOOD HAZARD OVERLAY ZONING DISTRICTS. These districts are referred to as the
FLOODWAY and Floodprone Districts. The FLOODWAY District includes one (1) zone district
classification which shall be referred to as the FW(FLOODWAY) District. The Floodprone District
contains two (2)zone district classifications. One(1)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.
53.4.1 The FW (FLOODWAY) District includes land which is within the high HAZARD
AREA of an INTERMEDIATE 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. These maps were developed using the Flood Insurance
Study for Weld County, revised September 22, 1999 prepared by the Federal
Emergency Management Agency. The official Weld County Flood Hazard Overlay
District Zoning Maps correspond to the Flood Insurance Rate Maps included in the
Flood Insurance Study for Weld County.
53.4.2 The Floodprone District includes all the land within the INTERMEDIATE
REGIONAL FLOODPLAIN which is outside of the designated FW (Floodway)
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 classifications FP-1 and FP-2 are shown on the
Official Weld County Flood Hazard Overlay District Zoning Maps. These maps
were developed using the Flood Insurance Study for Weld County, revised
September 22, 1999, prepared by the Federal Emergency Management Agency.
The official Weld County Flood Hazard Overlay District Zoning Maps correspond
to the Flood Insurance Rate Maps included in the Flood Insurance Study for Weld
County.
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(Agricultural)on the Federal
Insurance Administration's Flood Insurance Rate Maps. The FP-1 District includes
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 Administration'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.
1111111 Minn, SUM 1111111111 MIEN 11111111111 992063
2718054 09/02/1999 11:24A Wald County CO ORD89-JJ
193 of 219 It 0.00 D 0.00 JA Suki Tsukamoto
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 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 requirements of this Ordinance.
53.5.2 Nothing in these regulations shall be construed 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 elevation, 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. The FW (Floodway) District is an extremely hazardous area due to the
velocity of FLOOD waters which carry debris, potential projectiles, and erosion potential.
53.6.1 Uses Permitted. USES listed as Allowed by Right,ACCESSORY USES,and Uses
by Special Review in the UNDERLYING ZONING DISTRICT, except Individual
Sewage Disposal Systems and residential USES served by Individual Sewage
Disposal Systems, 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, replacement or SUBSTANTIAL IMPROVEMENT of
STRUCTURES in the FW(FLOODWAY) District which requires a building permit
or MOBILE HOME permit shall be FLOOD PROOFED to the level,or above,of the
REGULATORY FLOOD DATUM in the following manner
53.6.1.3.1 All new construction, replacement or SUBSTANTIAL IMPROVEMENT 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, replacement or SUBSTANTIAL IMPROVEMENT of
STRUCTURES other than DWELLING UNITS shall be FLOOD PROOFED either
by ELEVATING the STRUCTURE or by making the STRUCTURE WATERTIGHT
below the REGULATORY FLOOD DATUM.
1111111IIIII111111I�I1111111 MIEN 11111It III
2718054 09/02/1999 11:248 Weld County CO 992063
194 of 219 R 0.00 D 0.00 JR Sukt Tsukamoto I ORD89-JJ
53.6.1.4 No encroachments, including FILL, NEW CONSTRUCTION, replacement of
existing structures,SUBSTANTIAL IMPROVEMENTS,and other DEVELOPMENT
shall be permitted unless certification by a registered professional engineer or
architect is provided demonstrating that encroachments shall not result in any
increase in FLOOD levels during the occurrence of an INTERMEDIATE REGIONAL
FLOOD.
53.6.1.5 All new or replacement domestic water wells or water supply, storage, treatment
and distribution systems shall be designed and built to prevent inundation or
infiltration of floodwater into such systems by an INTERMEDIATE REGIONAL
FLOOD.
53.6.1.6 All new or replacement sanitary sewer treatment systems shall be designed and
built to prevent inundation or infiltration of floodwater into such systems and to
prevent discharge from such systems into the flood waters 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 materials,sand and gravel and
other mineral deposits, FILL material, and materials that, in times of FLOODING,
are buoyant.
53.6.1.8 For all NEW CONSTRUCTION, replacement of existing structures and
SUBSTANTIAL IMPROVEMENTS, fully enclosed areas below the LOWEST
FLOOR that are subject to flooding shall be designed to automatically equalize
hydrostatic FLOOD forces on exterior walls by allowing for the entry and exit of
floodwaters. Designs for meeting this requirement must either be certified by a
registered professional engineer or architect or must meet or exceed the following
minimum criteria:
53.6.1.8.1 A minimum of two (2) openings having a total net area of not less than one
(1) square inch for every one (1) square foot of enclosed area subject to
flooding shall be provided.
53.6.1.8.2 The bottom of all openings shall be no higher than one foot above grade.
53.6.1.8.3 Openings may be equipped with screens, louvers, or other coverings or
devices provided that they permit the automatic entry and exit of floodwaters.
53.6.1.9 Electrical,heating,ventilation, plumbing,and air-conditioning equipment and other
service facilities shall be designed and/or located so as to prevent water from
entering or accumulating within the components during conditions of flooding.
53.6.1.10 All NEW CONSTRUCTION and SUBSTANTIAL IMPROVEMENTS shall be
constructed with materials and utility equipment resistant to FLOOD damage.
53.6.1.11 All NEW CONSTRUCTION,replacement of existing structures and SUBSTANTIAL
IMPROVEMENTS shall be constructed using methods and practices that minimize
FLOOD damage.
53.6.1.12 All NEW CONSTRUCTION,replacement of existing structures and SUBSTANTIAL
IMPROVEMENTS shall be anchored to prevent flotation, collapse or lateral
movement of the STRUCTURE and to withstand hydrodynamic loads.
53.6.1.13 All MANUFACTURED HOMES shall be ELEVATED and anchored to resist
flotation, collapse or lateral movement. MANUFACTURED HOMES shall be
AIM 11111 INN 111111111111MIN
2718054 09/02/1999 11:24A Wald County CO 992063
195 of 219 R 0.00 D 0.00 JA Suki Tsukamolo ORD89-JJ
anchored in accordance with Sections 20.10.2 through 20.10.2.4 of the Weld
County Building Code Ordinance.
53.6.1.14 All MOBILE HOMES shall be ELEVATED and anchored to resist flotation,collapse
or lateral movement. MOBILE HOMES shall be anchored in accordance with
Sections 20.9.2 through 20.9,2.6 of the Weld County Building Code Ordinance.
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 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, replacement or SUBSTANTIAL IMPROVEMENT 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, replacement or SUBSTANTIAL IMPROVEMENT of
STRUCTURES other than DWELLING UNITS shall be FLOOD PROOFED either
by ELEVATING the STRUCTURE or by making the STRUCTURE 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 distribution systems shall be designed and built to prevent inundation or
infiltration of floodwater into such systems by an INTERMEDIATE REGIONAL
FLOOD.
53.7.1.6 All new or replacement sanitary sewer treatment systems, including Individual
Sewage Disposal Systems, shall be designed and built to prevent inundation or
infiltration of floodwater into such systems and to prevent discharges from such
systems into the floodwaters of an INTERMEDIATE REGIONAL FLOOD.
53.7.1.7 For all NEW CONSTRUCTION, replacement of existing structures and
SUBSTANTIAL IMPROVEMENTS, fully enclosed areas below the LOWEST
FLOOR that are subject to flooding shall be designed to automatically equalize
hydrostatic FLOOD forces on exterior walls by allowing for the entry and exit of
floodwaters. Designs for meeting this requirement must either be certified by a
registered professional engineer or architect or must meet or exceed the following
minimum criteria: A minimum of two (2) openings having a total net area of not
less than one(1)square inch for every one(1)square foot of enclosed area subject
to flooding shall be provided. The bottom of all openings shall be no higher than
one (1) foot above grade. Openings may be equipped with screens, louvers, or
other coverings or devices provided that they permit the automatic entry and exit
1111111 NII 111111 III111111I IIII1111111III11111liii II 992063
2718054 09/02/1999 11:24A Weld County CO ) ORD89-JJ
196 of 219 R 0.00 0 0.00 JA Suki Tsukamoto
of floodwaters.
53.7.1.8 Electrical, heating,ventilation,plumbing,and air-conditioning equipment and other
service facilities shall be designed and/or located so as to prevent water from
entering or accumulating within the components during conditions of flooding.
53.7.1.9 All NEW CONSTRUCTION and SUBSTANTIAL IMPROVEMENTS shall be
constructed with materials and utility equipment resistant to FLOOD damage.
53.7.1.10 All NEW CONSTRUCTION,replacement of existing structures and SUBSTANTIAL
IMPROVEMENTS shall be constructed using methods and practices that minimize
FLOOD damage.
53.7.1.11 All NEW CONSTRUCTION,replacement of existing structures,and SUBSTANTIAL
IMPROVEMENTS shall be anchored to prevent flotation, collapse or lateral
movement of the STRUCTURE and to withstand hydrodynamic loads.
53.7.1.12 All MANUFACTURED HOMES shall be elevated and anchored to resist flotation,
collapse or lateral movement. MANUFACTURED HOMES shall be anchored in
accordance with Sections 20.10.2 through 20.10.2.4 of the Weld County Building
Code Ordinance.
53.7.1.13 All MOBILE HOMES shall be elevated and anchored to resist flotation, collapse or
lateral movement. MOBILE HOMES shall be anchored in accordance with
Sections 20.9.2 through 20.9.2.6 of the Weld County Building Code Ordinance.
53.7.1.14 All OIL and GAS PRODUCTION FACILITIES shall be anchored to resist flotation,
collapse, or lateral movement. The method of anchoring shall be approved by the
Weld County Building Official.
53.7.1.15 All NEW CONSTRUCTION,replacement of existing structures and SUBSTANTIAL
IMPROVEMENTS within any AO Zone shall have the LOWEST FLOOR, including
the BASEMENT floor or MOBILE HOME PAD, ELEVATED to, or above the
REGULATORY FLOOD DATUM.
53.7.1.16 Adequate drainage paths are required around structures on slopes to guide flood
waters around and away from proposed structures in any AO Zone
54 Planned Unit Development Overlay District
54.1 Finding of Fact. There are unincorporated areas within the COUNTY with unique features, such as
availability of urban-type services and facilities which may be suitable for mixed land-USES,
provided that adverse impacts of different land-uses are minimized. It is recognized that in certain
circumstances it may be desirable to provide a greater range or mixture of USES in an area than
would be permitted under the standard zoning system. It is further recognized that the PLANNED
UNIT DEVELOPMENT procedure permits a greater range of flexibility than the standard zoning
system which does not always balance the capacity of a site with compatibility to the
NEIGHBORHOOD.
54.2 Purpose. The purpose and intent of the PLANNED UNIT DEVELOPMENT Overlay District
regulations shall be to:
54.2.1 Minimize adverse impacts to water quality and quantity, public health, safety, and
property within the 1-25 Mixed-Use Development Area and Activity Centers by
requiring COMMERCIAL and industrial development and subdivisions and
HID D 11111 111111 III IOU IIII IIIIIII III IIIII IIII IIII 992063
2718054 09/02/1999 11:24A Weld County CO ORDB9-JJ
107 at 210 0 01 OM n O MO .}O naafi Tankamnia
residential subdivisions to use the PLANNED UNIT DEVELOPMENT procedure.
54.2.2 Promote a better quality of life within the 1-25 Mixed Use Development Area and
Activity Centers by using a procedure designed to provide for the orderly
development of compatible land-uses and to protect the environment.
54.2.3 Provide a procedure which will allow land-use flexibility in a manner consistent with
the COUNTY COMPREHENSIVE PLAN.
54.3 Uses Permitted. All USES listed as allowed by the PUD Change of Zone District Application and
which qualify as a PUD according to the Weld County Zoning Ordinance. All USES Allowed by
Right and ACCESSORY USES permitted under the current zoned district within the OVERLAY
DISTRICT.
54.4 Requirements. COMMERCIAL and industrial developments and subdivisions and residential
subdivisions shall use the PUD procedure within the 1-25 Mixed-Use Development Area and Activity
Centers. All PUD'S within the 1-25 Mixed-Use Development Area shall have PUBLIC WATER and
PUBLIC SEWER systems.
54.5 Establishment of the Planned Unit Development Overlay District. There is hereby established in
Weld County, Colorado, a PLANNED UNIT DEVELOPMENT OVERLAY District.
54.5.1 The PLANNED UNIT DEVELOPMENT OVERLAY District includes all of the
unincorporated area of Weld County known as the 1-25 Mixed-Use Development
Area and Activity Centers. A map of the 1-25 Mixed-Use Development Area and
Activity Center is shown in Figure 1 of the Weld County Zoning Ordinance.
54.5.2 Interpretation of the Planned Unit Development Overlay District boundaries,
location of LOT lines with respect to the boundaries and similar questions
shall be determined according to Section 60, Board of Adjustment of this
Ordinance.
111111111111111111 III 1111111 IN 1111111 III 11111 1111 IIII
2718054 09/02/1999 11:24A Weld County CO
198 of 219 R 0.00 C' 0.00 30 Sukl Taukamoto
992063
50-12 ORD89-JJ
TABLE OF CONTENTS
SECTION PAGE
60 BOARD OF ADJUSTMENT 60-1
61 POWERS AND DUTIES 60-1
62 APPEALS PROCEDURE 60-2
AIM HI 111111 III 11111111 III 1111111 III 11111 III IIII
2718054 09/02/1999 11:24A Weld County CO
199 of 219 R 0.00 D 0.00 JA Suki Tsukamoto
992063
ORD89-JJ
60 Board of Adjustment
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 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
the PUD Ordinance or MUD design standards as applied to individual LOTS or parcels. Appeals
for variance may be brought to the Board of Adjustment when, because of special conditions
relating to the subject land, a literal enforcement of the provisions of the PUD Ordinance or MUD
design standards would result in unnecessary hardship to the appellant. Such an appeal is not
available during the zone change or final plan stage and been denied by the Board of County
Commissioners.
61.3.1 Relief from the provisions of these Ordinances 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 Adjustment may prescribe appropriate
conditions and safeguards in conformity with these Ordinances. Violation of such
conditions and safeguards, when made a part of the terms under which the
variance is granted, shall be deemed a violation of these Ordinances and
punishable under Section 80, Enforcement of this Ordinance.
61.3.4 Under no circumstances shall the Board of Adjustment grant a variance to allow a
USE not permissible under the terms of these Ordinances in the district involved,
or any USE expressly or by implication prohibited by terms of these Ordinances.
61.3.5 No appeal of an administrative decision 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, Enforcement of this Ordinance.
61.3.6 No non-conforming USE of NEIGHBORING LOTS,STRUCTURES,or BUILDINGS
in the same district, and no permitted or nonconforming USE of LOTS,
STRUCTURES, or BUILDINGS in other districts shall be considered grounds for
the issuance of a variance.
61.3.7 No variance in any Flood Hazard Overlay District shall be issued if the result of the
1111111 11111 111111 III 11111111111 1111111 III 11111 IIII IIII 992063
2718054 09/02/1999 11:24R Wald County CO ORD89-JJ
200 of 219 R 0.00 D 0.00 JR Sukl Tsukamoto
requested variance would be increased flood levels during an INTERMEDIATE
REGIONAL FLOOD.
61.3.8 No variance from the PUD or MUD Ordinances shall be allowed where the
term from which the variance is sought is one that was raised as an issue
during the PUD Zone or final plat process.
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 requirements:
62.1.1.1 A citation of the Section of the Zoning Ordinance which is the subject to the
disagreement.
62.1.1.2 A written description of the grounds for the APPEAL; the reasons held by the
appellant for the favored interpretation.
62.1.1.3 Any other information determined to be necessary 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 publication of legal notices. The date of publication 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 conformance with the COUNTY
COMPREHENSIVE Plan and MASTER PLANS of affected municipalities.
62.1.2.4 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 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.
62.2 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 interpretation of zone district boundaries
11111111111 HIV 111111111111 1111111 III 11111 liii IIII 992063
2718054 09/02/1999 11:24A Weld County CO ORD89-JJ
201 of 219 R 0.00 0 0.00 JA Sukt Tsukamoto
or of LOT lines shall be made in written form according to the following
requirements:
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 appellant.
62.2.1.3 Any other information determined to be necessary 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 publication of legal notices. The date of publication 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 conformance with the COMPREHENSIVE
Plan and MASTER PLANS of affected municipalities.
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 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 Appeals for Variance. Appeals to the Board of Adjustment brought pL'.luant to Section 61.3 shall
be made and processed as set forth below.
62.3.1 Application Requirements. Appeals for variance in the application of specific terms
or requirements in the Ordinance 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 description of the
property.
111111IIIII NIII III1111111 992063
2718054 09/02/1999 11:24A Weld County CO ORD89-JJ
202 of 219 R 0.00 D 0.00 IA Suki Taukamete
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 the
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) 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.
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 necessary 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, PUD or MUD Ordinances.
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 publication of legal notices.
The date of publication 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 information shall be the
application for variance 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 conformance
with the COUNTY COMPREHENSIVE PLAN and MASTER PLANS of affected
municipalities.
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
HBO 1111 11111 III 11111111 IIII 1111111 III 111111 III IIII 992063
2718054 09/02/1999 11:24A Weld County CO ORD89-JJ
203 of 219 R 0.00 D 0.00 JA Suki Tsukamoto
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, PUD or MUD
Ordinances shall not be granted until and unless the Board of Adjustment 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 Thia 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 harmony 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.
62.4 APPEALS for VARIANCE Within the Flood Hazard Overlay District. APPEALS to the Board of
Adjustment brought pursuant to Section 61.3 shall be made and processed as set forth below:
62.4.1 Application Requirements: APPEALS for VARIANCE in the application of specific
terms or requirements in the Weld County Zoning Ordinance shall be made in
written form according to the following:
62.4.1.1 An application for APPEAL for VARIANCE on the form as prescribed and furnished
by the Department of Planning Services.
62.4.1.2 A plot plan showing the location of existing feature_. such as STRUCTURES,
fences, streams, PUBLIC or private rights-of-way, STREETS, or accesses. The
plot plan shall include the location and dimensions of all existing and proposed
STRUCTURES; elevations of the area in question; and any fill, storage of
materials, and drainage facilities.
62.4.1.3 A copy of a deed, purchase contract, or other legal instrument indicating that the
applicant has interest in the property. The deed, purchase contract, or legal
instrument should include a complete and accurate legal description of the
property.
62.4.1.4 A statement that demonstrates how the danger of materials being swept into other
lands causing injury to others will be minimized or mitigated.
62.4.1.5 A statement that demonstrates how the danger to life and property due to flooding
or erosion damage will be minimized or mitigated.
62.4.1.6 A statement that demonstrates how the susceptibility of the proposed facility and
its contents to FLOOD damage and the effect of such damage on the individual
HBO 11111IIIIIIIII1111111 ���� 1111111 ��� 111111IIIIIII 992063
2718054 09/02/1999 11:2:48 Wald County CO ORD69-JJ
204 of 219 R 0.00 D 0.00 JR Suki Tsukamoto
owner will be minimized or mitigated.
62.4.1.7 Evidence that demonstrates the importance of the services provided by the
proposed facility to the community, where applicable.
62.4.1.8 Evidence that demonstrates the necessity to the facility of a waterfront location,
where applicable.
62.4.1.9 Evidence that demonstrates the availability of alternative locations, for the
proposed USE which are not subject to flooding or erosion damage were
investigated.
62.4.1.10 A statement that demonstrates the compatibility of the proposed USE with the
existing and anticipated development.
62.4.1.11 A statement that demonstrates the relationship of the proposed USE to the
COMPREHENSIVE PLAN and FLOOD PLAIN management program for the area.
62.4.1.12 A statement that demonstrates the safety of access to the property at times of
FLOOD for ordinary and emergency vehicles.
62.4.1.13 Evidence that demonstrates what the expected heights, velocity, duration, rate of
rise and transport of the FLOOD waters and the effects of wave action, if
applicable, expected at the site will be.
62.4.1.14 A statement that demonstrates how the costs of providing governmental services
diving and after FLOOD conditions, including maintenance and repair of PUBLIC
utilities and facilities such as sewer,gas, electrical,and water systems, streets and
bridges will be minimized or mitigated.
62.4.1.15 Evidence that demonstrates that the VARIANCE requested is the minimum
VARIANCE necessary, considering the FLOOD Hazard, to afford relief.
62.4.1.16 A certified list of the names,addresses,and the corresponding Parcel Identification
Number assigned by the Weld County Assessor of the owners of the 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.
62.4.1.17 Any other information determined to be necessary 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.
62.4.2 Duties of the Department of Planning Services.
62.4.2.1 The Department of Planning Services shall review the application and determine
that it is complete before scheduling consideration of the APPEAL for variance by
the Board of Adjustment.
62.4.2.2 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 publication of legal notices.
The date of publication shall be at least ten (10) days prior to the scheduled
11111111111111111III1111111IIII EIME III111111 III 1111 992063
2718054 09/02/1999 11:24A Weld County CO ORD89-JJ
oat as 910 R 0.00 D 0.00 JA Suki Tsukamoto
hearing.
62.4.2.3 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 to the parcel under consideration for
the VARIANCE . The Department's source of the ownership information shall be
the application for VARIANCE submitted by the appellant.
62.4.2.4 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 for variance. Its
conformance with the COUNTY COMPREHENSIVE PLAN and MASTER PLANS
of affected municipalities.
62.4.2.5 The Department of Planning Services shall maintain the records of all APPEAL
actions, including technical information,and report any VARIANCES to the Federal
Emergency Management Agency.
62.4.2.6 The Department of Planning Services shall give written notice to any appellant to
whom a VARIANCE is granted that the STRUCTURE will be permitted to be built
with a LOWEST FLOOR elevation below the BASE FLOOD elevation and that the
cost of FLOOD insurance will be commensurate with the increased risk resulting
from the reduced LOWEST FLOOR Elevation.
62.4.3 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 on all technical evaluations, all relevant factors,
standards specified in other Sections of this Ordinance, and any 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.
62.4.3.1 An APPEAL for VARIANCE of the terms of the Weld County Zoning Ordinance
within the FLOOD Hazard Overlay District shall not be granted until and unless the
Board of Adjustment has found and determined that:
62.4.3.1.1 A showing of good and sufficient cause has been demonstrated by the appellant.
62.4.3.1.2 Failure to grant the VARIANCE would result in exceptional hardship to the
appellant.
62.4.3.1.3 The granting of a VARIANCE will not result in increased FLOOD heights,additional
threats to public safety, extraordinary public expense, create nuisances, cause
fraud on or victimization of the public, or conflict with existing local laws or
ordinances.
62.4.3.1.4 The reasons set forth in the application and test VARIANCE is the minimum
VARIANCE necessary, considering the FLOOD Hazard, to afford relief.
62.4.3.1.5 The granting of the VARIANCE may be for NEW CONSTRUCTION and
SUBSTANTIAL IMPROVEMENTS to be erected on a LOT of one-half acre or less
in size contiguous to and surrounded by LOTS with existing STRUCTURES
constructed below the base level, providing the material required in Sections
62.4.1.4 through 62.4.1.15 has been fully considered. As the LOT size increases
beyond one-half acre, the technical justifications required for issuing the
111111 11111 111111I III111111 III IIII 992063
2718054 09/02/1999 11:248 Weld County CO ORD89-JJ
206 of 219 R 0.00 0 0.00 IA Suit! Ttukamete
VARIANCE will increase.
62.4.3.1.6 VARIANCE s may be granted for the reconstruction, rehabilitation or restoration of
structures listed on the National Register of Historic Places or the State Inventory
of Historic Places, without regard to the procedures set forth in Section 62.4.1.
62.4.3.1.7 The granting of the VARIANCE will not result in increased FLOOD levels during an
INTERMEDIATE REGIONAL FLOOD.
62.4.3.1.8 The granting of the VARIANCE will be in harmony 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.
nit tittt 111111 III 1111 111111i1,11111111,1119 III
2718054 09/02/1999 11: 8 Isukmo
207 of 219 R 0.00 D 0.00 JA Suitt 7sukamoto
992063
60-8 ORD89-JJ
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
IN 11111111111 lIII IIII 1111111 III EMI 01 1111
2718054 09/02/1999 11:24R Weld County CO
208 of 219 R 0.00 0 0.00 JR Sukl Tsukemoto
992063
ORD89-JJ
70 Non-Conforming LOTS, USES, and
71 Intent. Within the zoning districts established by this Ordinance or amendments thereto,there exist
LOTS, STRLICTURES, 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 incompatible with permitted USES in the zoning districts
involved.
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 effective date of adoption
or amendment of this Ordinance without first having received a Special Review
Permit pursuant to the procedure established in Section 24, Use by Special
Review.
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.
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 safeguards in accord with the provisions of this Ordinance.
73.2.2 Whenever a non-conforming USE is replaced by a permitted USE the non-
11111111111 HIM 1111111 III' 1111111 III 111111 III IIII 992063
2718054 09/02/1999 11:248 Weld County CO ORD89-JJ
209 of 219 R 0.00 D 0.00 JA Sukl Teukamoto
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 of 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-Conforming Structures. Where a lawful STRUCTURE exists at the effective date of adoption
or amendment of this Ordinance that could not 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 destruction, it shall not be restored except in conformance with the
provisions of this Ordinance. Ordinary repairs the value of which do not exceed fifty percent(50%)
of replacement cost of the STRUCTURE may be permitted.
74.2 Expansion or enlargement. No such non-conforming STRUCTURE or non-conforming portion of
a STRUCTURE may be expanded,enlarged or altered in a way which increases its non-conformity,
except that those STRUCTURE(S) that are non-conforming by reason of non-compliance with
existing SETBACK requirements may be expanded or enlarged so long as such expansion or
enlargement does not further diminish the non-conforming SETBACK. No expansion or
enlargement of STRUCTURE(S) shall be allowed within an existing right-of-way.
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 construction has been carried on diligently. Actual construction is hereby defined to
include the placing of construction materials in permanent position and fastened in a permanent
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 Ordinance
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 remains otherwise
lawful, subject to the following provisions:
75.1 Repair and Restoration. An existing STRUCTURE devoted to a 'USE not permitted by this
Ordinance 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.
75.2 Expansion or Enlargement
11111111111111111 III 1111111 IIII 1111111 III 111111 III 1111
2718054 09/02/1999 11:24R Weld County CO 992063
ORD89- 3
210 of 219 R 0.00 D 0.00 JR Sukl Tsukamoto
75.2.1 A non-conforming USE may be extended throughout any parts of a STRUCTURE
which were manifestly 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, Use by Special
Review.
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 additional SIGNS
intended to be seen off the premises,or by the addition of other USES which would
be prohibited in the zoning district 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
NEIGHBORHOOD than the existing non-conforming USE. In permitting such
change, the Board of County Commissioners may require appropriate conditions
and safeguards in accord with the provisions 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
discontinued or abandoned for any reason for a period of more than one(1)year, any subsequent
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.
111111111111111111NMI M Milli III111111III IIII
2718054 09/02/1999 11:248 Weld County CO
211 of 219 R 0.00 D 0.00 JR Suki Tsukamoto
992063
70-3 ORD89-JJ
TABLE OF CONTENTS
SECTION PAGE
80 ENFORCEMENT 80-1
81 VIOLATIONS AND PENALTIES 80-1
82 CRIMINAL ACTION 80-1
83 CIVIL ACTION 80-2
1111 11111 111111 III 11111111111 1111111 III 1111111 111111
2718054 09/02/1999 11.248 Weld County CO
212 of 219 R 0.00 D 0.00 JA Sukl Tsukamoto
992063
70-4 ORD89-JJ
80 Enforcement
81 Violations and Penalties. The COUNTY, through its Department 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 Penalties
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 1:o USE any BUILDING, STRUCTURE, or land 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 hurdred 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 Sheriffs 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 definite 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 Sheriffs Department in the manner provided by law for the service
of a criminal 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 section 82 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.
82.5 Any person who violates any provision of Section 91, Adult Business, Service, or Entertainment
Establishment of this Ordinance commits a Class 2 (2) petty offense and upon conviction thereof
shall be punishable by a fine of three hundred dollars ($300.00) for each separate violation. Any
arresting law enforcement officer shall follow the penalty assessment procedure provided in Section
16-2-201, C.R.S., for any violation of Section 91 of this Ordinance.
83 Civil Action
83.1 Equitable Relief
11111111111111111 III 1111111 IN 1111111 III 1111111111111
2718054 09/02/1999 11:24A Weld County CO 992063
213 of 219 R 0.00 El 0.00 JA Sukl Tsukamoto ORD89-JJ
83.1.1 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 resolution, 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.
83.1.2 The Weld County Attorney, acting at the request of the Weld County Board of
County Commissioners, or the District Attorney, pursuant to Section 16-13-302,
C.R.S., may bring an action in the District Court for the COUNTY for an injunction
against the operation of an ADULT BUSINESS,SERVICE,OR ENTERTAINMENT
ESTABLISHMENT for repeat or continuing violations.
83.2 Civil Penalties
83.2.1 It is unlawful to erect, construct, reconstruct, alter, or use any BUILDING,
STRUCTURE, or land in violation of the Weld County Zoning Ordinance. In
addition to any penalties imposed pursuant to section 82 and 83.1 of this Ordinance
any person, firm, or corporation violating any such regulation, provision, or
amendment thereof or any provision of this Ordinance may be subject to the
imposition, by order of the COUNTY court, of a civil penalty in an amount of not
less than two hundred fifty dollars ($250.00) nor more than five hundred
dollars($500.00). It is within the discretion of the County Attorney to determine
whether to pursue the civil penalties set forth in this section, the remedies set forth
in Section 82 and 83.1, or both. Each day after the issuance of the order of the
COUNTY court during which such unlawful activity continues shall be deemed a
separate violation and shall, in accordance with the subsequent provisions of this
section, be the subject of a continuing penalty in an amount not to exceed fifty
dollars ($50.00)for each such day. In no event shall civil penalties imposed
pursuant to this Section 83.2.1 constitute a lien against the real property.
83.2.2 In the event any BUILDING or STRUCTURE is erected,constructed,reconstructed,
altered, or used or any land is used in violation of the Weld County Zoning
Ordinance, the Weld County Attorney, in addition to other remedies provided by
law, may commence a civil action in COUNTY court for Weld County, seeking the
imposition of a civil penalty in accordance with the provisions of this section.
83.2.3 The Department of Planning Services, through one of its employees shall, upon
personal information and belief that a violation of any regulation or provision of the
Weld County Zoning Ordinance, give written notice to the violator to correct:such
violation within thirty(30)days after the date of such notice. If the violator fails to
correct the violation within such thirty(30)day period or within any extension period
granted by the Department of Planning Services, the Department of Planning
Services may request that the sheriff of the COUNTY or the County Attorney issue
a summons and complaint to the violator, stating the nature of the violation with
sufficient particularity to give notice of such charge to the violator.
83.2.4 One copy of the summons and complaint issued pursuant to paragraph (b) of this
subsection (2) shall be served upon the violator in the manner provided by law for
the service of a COUNTY court civil summons and complaint in accordance with
the Colorado rules of county court civil procedure. The summons and complaint
shall also be filed with the clerk of the COUNTY court and thereafter the action shall
proceed in accordance with the Colorado rules of COUNTY court civil procedure.
111111 IIIII MN 1111111 1111111 III 111111111111 992063
2718054 09/02/1999 11:24R Weld County CO ORD89-JJ
214 of 219 R 0.00 D 0.00 JR Sukl Tsukamoto
83.2.5 If the COUNTY court finds, by a preponderance of the evidence, that a violation of
any regulation or provision of a zoning resolution, or amendment thereto, as
enacted and adopted by the Board of County Commissioners, has occurred, the
court shall order the violator to pay a civil penalty in an amount allowed pursuant
to subsection(1)of this section. Such penalty shall be payable immediately by the
violator to the County Treasurer. In the event that the alleged violation has been
cured or otherwise removed at least five (5) days prior to the appearance date in
the summons, then the County Attorney shall so inform the court and request that
the action be dismissed without fine or appearance of the defendant.
83.2.6 Upon the filing with the court of a receipt issued by the County Treasurer showing
payment in full of a civil penalty assessed pursuant to this section and upon the
filing of an affidavit of the Department of Planning Services that violation has been
cured, removed, or corrected, the court shall dismiss the action and issue a
satisfaction in full of the judgment so entered.
83.2.7 If a receipt showing full payment of the civil penalty or the affidavit required by
subsection 83.2.6 is not filed, the action shall continue and the court shall retain
jurisdiction to impose an additional penalty against the violator in the amount
specified in subsection(1)of this section. Such additional penalty shall be imposed
by the court upon motion filed by the COUNTY and proof that the violation has not
been cured, removed, or corrected, Thereafter, the action shall continue penalty
and any additional penalties so assessed and the filing of an affidavit of the
Department of Planning Services that the violation has been cured, removed, or
corrected.
11111111111 NIA 111111 IIII 1111111 III 1111111111111
2718054 09/02/1999 11:248 Weld County CO
215 of 219 R 0.00 D 0.00 JA Suki Tsukamoto
992063
80-1 ORD89-JJ
TABLE OF CONTENTS
SECTION PAGE
90 VESTED PROPERTY RIGHTS 90-1
91 ADULT BUSINESS, SERVICE, OR
ENTERTAINMENT ESTABLISHMENT 91-1
11111111111111111 I I 1111111 I I I 11111111 I I I1111111 111111
2718054 09/02/1999 11:24A Weld County CO
216 of 219 R 0.00 D 0.00 JA Sukl 7sukamoto
992063
80-1 ORD89-JJ
90 VESTED PROPERTY RIGHTS
90.1 Purpose. The purpose of this section is to provide the procedures necessary to implement the
provisions of Article 68 of Title 24, C.R.S, as amended.
90.2 Definitions. As used in this section, unless the context otherwise requires:
LANDOWNER: Any owner of a legal or equitable interest in real PROPERTY and includes the
heirs, successors, and assigns of such ownership interests.
LOCAL GOVERNMENT: Any county, city and county,city,or town,whether statutory or home rule,
acting through its governing body or any board,commission,or agency thereof having final approval
authority over a SITE SPECIFIC DEVELOPMENT PLAN, including without limitation any legally
empowered urban renewal authority.
PROPERTY: All real PROPERTY subject to land USE regulation by a LOCAL GOVERNMENT.
SITE SPECIFIC DEVELOPMENT PLAN: A Use by Special Review(including OPEN MINING and
MAJOR FACILITIES OF A PUBLIC UTILITY OR PUBLIC AGENCY ) or PLANNED UNIT
DEVELOPMENT Final Plan application which has been submitted to the COUNTY and receives
approval or conditional approval by the Board of County Commissioners. Final or conditional
approval by the Board of County Commissioners creates vested rights pursuant to Article 68 of Title
24, C.R.S., as amended. No other type of land-use application shall be considered a SITE
SPECIFIC DEVELOPMENT PLAN.
VESTED PROPERTY RIGHT:The right to undertake and complete the DEVELOPMENT and USE
of property under the terms and conditions of a SITE SPECIFIC DEVELOPMENT PLAN.
90.3 VESTED PROPERTY RIGHT-Duration-Termination. A PROPERTY right which has been vested
as provided for in this section shall remain vested for a period of three(3)years. This vesting period
shall not be extended by any amendments to a SITE SPECIFIC DEVELOPMENT PLAN unless
expressly authorized by the Board of County Commissioners.
90.4 Notice and hearing. No SITE SPECIFIC DEVELOPMENT PLAN shall be approved until after a
public hearing, preceded by written notice of such hearing. Such notice may, at the COUNTY'S
option, be combined with the notice required for the Use by Special Review, PLANNED UNIT
DEVELOPMENT Final Plan, or with any other required notice. Interested persons shall have an
opportunity to be heard at the hearings.
90.5 Approval--Effective Date—Amendments. A SITE SPECIFIC DEVELOPMENT PLAN shall be
deemed approved upon the effective date of the Board of County Commissioners' final or
conditional approval action. In the event amendments to a SITE SPECIFIC DEVELOPMENT PLAN
are proposed and approved, the effective date of such amendments, for purposes of duration of a
VESTED PROPERTY RIGHT, shall be the date of the approval of the original SITE SPECIFIC
DEVELOPMENT PLAN, unless the Board specifically finds to the contrary and incorporates such
finding in its approval of the amendment.
90.5.1 The Board of County Commissioners may approve a SITE SPECIFIC
DEVELOPMENT PLAN upon such terms and conditions as may reasonably be
necessary to protect the public health, safety, and welfare. The conditional
approval shall result in a VESTED PROPERTY RIGHT, although failure to abide
by such terms and conditions will result in a forfeiture of VESTED PROPERTY
RIGHTS.
90.6 Development agreements. The Board of County Commissioners may enter into development
agreements with landowners providing that PROPERTY rights shall be vested for a period
exceeding three(3)years. Where warranted in light of all relevant circumstances, including, but not
HBO 11111111111 ��I1111111 ���� 1111111 ��� 1111111 �� 1111 992063
2718054 09/02/1999 11:24A Weld County CO ORD89-JJ
217 of 219 R 0.00 D 0.00 JA Silk! Taukamoto
limited to, the size and phasing of the DEVELOPMENT, economic cycles, and market conditions.
Such development agreements shall be adopted as legislative acts subject to referendum as
provided for in the Weld County Home Rule Charter.
90.7 Notice of approval. Each map, plat, or other document constituting a SITE SPECIFIC
DEVELOPMENT PLAN shall contain the following language: "Approval of this plan may create a
VESTED PROPERTY RIGHT pursuant to Article 68 of Title 24, C.R.S., as amended." Failure to
contain this statement shall invalidate the creating of the VESTED PROPERTY RIGHT. In addition,
a notice describing generally the type and intensity of USE approved, the specific parcel or parcels
of property affected and stating that a VESTED PROPERTY RIGHT has been created shall be
published once, not more than fourteen (14) days after approval of the SITE SPECIFIC
DEVELOPMENT PLAN in the newspaper designated by the Board of County Commissioners for
publication of notices.
90.8 Payment of costs. In addition to any and all other fees and charges imposed by this ordinance, the
applicant for approval of a SITE SPECIFIC DEVELOPMENT PLAN shall pay all of the County's
costs resulting from the SITE SPECIFIC DEVELOPMENT PLAN review, including publication of
notices, public hearing and review costs.
90.9 Other provisions unaffected. Approval of a SITE SPECIFIC DEVELOPMENT PLAN shall not
constitute an exemption from or waiver of any other provisions of this ordinance pertaining to the
DEVELOPMENT and USE of property. The establishment of a VESTED PROPERTY RIGHT shall
not preclude the application of ordinances or regulations which are general in nature and are
applicable to all PROPERTY subject to land USE regulation by a LOCAL GOVERNMENT including,
but not limited to, building, fire, plumbing, electrical, and mechanical codes.
90.10 Limitations. Nothing in this section is intended to create any VESTED PROPERTY RIGHT, but only
to implement the provisions of Article 68 of Title 24, C.R.S., as amended. In the event of the repeal
of said article or a judicial determination that said article is invalid or unconstitutional, this section
shall be deemed to be repealed, and the provisions hereof no longer effective.
91 ADULT BUSINESS, SERVICE, OR ENTERTAINMENT ESTABLISHMENT
91.1 No one under twenty-one(21)years of age shall be admitted to an ADULT BUSINESS, SERVICE,
OR ENTERTAINMENT ESTABLISHMENT nor shall any employee,agent,servant,or independent
contractor working on the premises during hours when NUDE entertainment is being presented be
under the age of twenty-one (21) years of age.
91.2 NUDE entertainment shall only be available at ADULT BUSINESS, SERVICE, OR
ENTERTAINMENT ESTABLISHMENT between the hours of 7:00 a.m.and 12:00 midnight,Monday
through Saturday of each week.
91.3 An ADULT BUSINESS,SERVICE, OR ENTERTAINMENT ESTABLISHMENT shall be adequately
buffered through the use of facade treatment, LANDSCAPING, and fencing to minimize negative
impacts on commercial USES, residential USES, PUBLIC parks, churches, and PUBLIC or private
SCHOOLS accredited by the State of Colorado which are present in the vicinity. Buffering
requirements shall be determined for the perimeter of the establishment on a case by case basis
by reviewing the intensity of the establishment and comparing it to the type and location of
surrounding land uses. For example, denser plantings and screening materials or more compatible
facade treatment may be required between an ADULT BUSINESS, SERVICE, OR
ENTERTAINMENT ESTABLISHMENT and a store or shop offering goods and services at retail.
91.4 All outside lighting and signs shall be arranged, shielded, and restricted so as to prevent negative
impacts and any nuisance on ADJACENT STREETS, property, COMMERCIAL USES, residential
USES, PUBLIC parks, churches, or PUBLIC or private SCHOOLS accredited by the State of
Colorado in the area. Mechanical or electrical appurtenances, such as"revolving beacons"which
11111111111 Inn 1111111 Iill 1111111 III 1111111 II lull 992063
2718054 09/02/1999 11:24P Weld County CO ORD89-JJ
218 of 219 R 0.00 D 0.00 JA Sukl Tsukamoto
are obviously designed to compel attention or flashing red,green,or amber signs located within five
hundred(500)feet of an intersection are prohibited. Any sign located so as to conflict with the clear
and obvious appearance of PUBLIC devices controlling public traffic is prohibited.
91.5 No ADULT BUSINESS, SERVICE,OR ENTERTAINMENT ESTABLISHMENT shall be operated or
maintained within five hundred (500) feet of any SCHOOL or church property, measured from the
closest property line of such SCHOOL or church property to the property line of the ADULT
BUSINESS, SERVICE, OR ENTERTAINMENT ESTABLISHMENT.
91.6 No ADULT BUSINESS,SERVICE,OR ENTERTAINMENT ESTABLISHMENT shall be operated or
maintained within five hundred (500) feet of any residentially zoned or USED property, measured
from the closest property line of the residentially USED or zdned property to the property line of the
ADULT BUSINESS, SERVICE, OR ENTERTAINMENT ESTABLISHMENT.
91.7 Any ADULT BUSINESS, SERVICE, OR ENTERTAINMENT ESTABLISHMENT which engages in
repeated or continuing violation of these regulations shall constitute a PUBLIC nuisance. For
purposes of these regulations, "repeated violations"shall mean three 3)or more violations of any
provision set forth herein within a one (1) year period dating from the time of any violation. Any
"continuing violation" shall mean a violation of any provision set out herein lasting for three (3)or
more consecutive days.
91.8 Nothing in this Section 91 shall be construed to apply to the presentation, showing, or performance
of any play, drama, ballet, or motion picture in any theater, concert hall, museum of fine arts,
SCHOOL,institution of higher education,or similar establishment as a form of expression of opinion
or communication of ideas or information, as differentiated from the promotion or exploitation of a
STATE OF NUDITY for the purpose of advancing the economic welfare of a COMMERCIAL or
business enterprise.
91.9 Any ADULT BUSINESS, SERVICE, OR ENTERTAINMENT ESTABLISHMENT operating at the
effective date of this ordinance in violation of Sections 91.5 or 91.6 shall be allowed to continue
operating for an amortization period of six(6)months. Six months after Section 91 of this Ordinance
becomes effective,all ADULT BUSINESS,SERVICE,OR ENTERTAINMENT ESTABLISHMENTS
shall comply with those sections or be subject to the penalty provisions set forth in Section 82.5 of
this Ordinance.
1111111131 1111181 lull 11101 111111
2718054 09/02/1999 11:248 Wald County CO
219 of 219 R 0.00 D 0.00 JR Sukl Tsukamoto
992063
90-3 ORD89-JJ
Hello