HomeMy WebLinkAbout972389.tiffORDINANCE NO. 89-HH
IN THE MATTER OF THE REPEAL AND RE-ENACTMENT, WITH AMENDMENTS OF CERTAIN
SECTIONS, AND THE ADDITION OF CERTAIN SECTIONS TO ORDINANCE NO. 89, WELD
COUNTY ZONING ORDINANCE, AS CURRENTLY AMENDED, REVISING AND ADDING
CERTAIN PROCEDURES, TERMS, AND REQUIREMENTS
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF
WELD, STATE OF COLORADO:
WHEREAS, the Board of County Commissioners of the County of Weld, State of Colorado,
pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority
of administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners has the power and authority, under the
Weld County Home Rule Charter and State statute, including Article 28 of Title 30 CRS, to adopt
zoning regulations for the unincorporated areas of the County of Weld, State of Colorado, and
WHEREAS, the Board of County Commissioners of the County of Weld, State of Colorado,
has previously adopted Ordinance No. 89, Weld County Zoning Ordinance, establishing a
comprehensive revision of the Zoning Ordinance and zoning maps for unincorporated areas of the
County of Weld and has adopted amendments in Ordinances 89-A through 89-GG, and
WHEREAS, said Ordinance No. 89, as amended, is in need of revision and clarification with
regard to certain procedures, terms, and requirements therein.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the
County of Weld, State of Colorado, that certain existing sections of said Ordinance No. 89, as
amended, be, and hereby are, repealed and re-enacted, with amendments, and the various
sections are revised as follows:
BE IT FURTHER ORDAINED by the Board if any section, subsection, paragraph, sentence,
clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such
decision shall not affect the validity of the remaining portions hereof. The Board of County
Commissioners hereby declares that it would have enacted this Ordinance in each and every
section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that
any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be
declared to be unconstitutional or invalid.
SECTION 10 is amended as follows:
MOBILE HOME: A transportable STRUCTURE which exceeds either 8 feet in width
or 32 feet in length, is built on a chassis and is designed, when connected to the
required utilities, to be used as a year round DWELLING UNIT with or without a
permanent foundation. A single 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.
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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.
Section 21.4.3 is amended as follows:
21.4.3 Submit to the Board of County Commissioners for adoption, every five (5)
years, an updated copy of the Official Weld County Zoning Map whieh includes the
rezoning approvals made since the last adoption of the Map. A reproducible copy
of the official Weld County Zoning Map shall be maintained which includes all of the
rezoning approvals made since the last adoption of the map by the Board of County
Commissioners. The map shall be available for public inspection in the office of the
Department of Planning Services.
Section 23.1.2 is amended as follows:
23.1.2 A Site Plan Review is required for USES in the following Zone Districts: -the
ft 4 (I ligh Dcnsity Residential) District, 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, all Industrial Districts, and in any PUD District where a USE would
require a Site Plan Review in an R-4, Commercial, or Industrial Zone District.
Section 23.1.5.2 is amended as follows:
23.1.5.2 Alterations which do not affect more than 25 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 STRUCTURE; and
Section 23.1.6 is amended as follows:
23.1.6 A BUILDING or STRUCTURE which was in place prior to the effective date
of this Ordinance No. 89 on October 31, 1995, can have its external dimensions
enlarged up to twenty-five percent (25%) of those external dimensions in existence
at the time this Ordinance was adopted, before a Site Plan Review shall be required,
unless such enlargement is made to change the USE or type of occupancy within
part or all of the enlarged BUILDING or STRUCTURE.
Existing Section 23.1.8 is renumbered to 23.1.9
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Sections 23.1.8, 23.1.10, and 23.1.11 are added as follows:
23.1.8 Any person filing an application for a Site Plan Review shall comply with the
Weld County Zoning Ordinance, Section 50, Overlay District Reauirements if the
proposal is located within any Overlay District Area identified by maps officially
adopted by Weld County.,
23.1.10 Applications for a Site Plan Review located in the Mixed Use Development
area shall adhere to any and all applicable regulations in Ordinance 191..
23.1.11 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
filed in the office of the Department of Planning, Services with the Site Plan Review
file.
Section 23.2 is amended as follows:
23.2 Application Reauirements 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 signed site plan certification review application form provided by the
Department of Planning Services. The certification states and affirms that the
specific USES, BUILDINGS, end STRUCTURES are designed and will be
constructed and operated in accordance with the applicable performance standards
and district requirements in this Ordinance, and in accordance with any conditions
imposed by the Board of County Commissioners at the time the property was zoned
or rezoned;
Renumber the existing 23.2.1.2 to 23.2.1.5 and amend as follows:
23.2.1.5 A brief detailed description of the proposed use.
Add Sections 23.2.1.2, 23.2.1.3, and 23.2.1.4, as follows:
23.2.1.2 A copy of a deed or legal instrument identifying the applicant's interest in
the property under consideration.
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23.21.3;:A,party wall agreement and legaldes+criptiort for ;duplex:or:triplex uses
where units are held in: separate;ownership,
23.2.1.4 A condo declaration and iega1 description for -thei,condqi'jf applicable.
Add Sections 23.2.1.6 through 23.2.1.13.5, as follows:
23.2.1.6 The, applicant shall submit evidence that the use in.the'zone district shall
have an adequate: source•of potable water. and meet the requirements of thezone
district.
23E.2.t7; Thespplicant 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 Health Department.
23.2:1.8 A completed:; Weld County Road Access Information Sheet provided:by the
Department of PlanningServiCes
23:2:1..9 The.n:un k e.rof employees associated with the use.
23.2.1.10 A statement indicating;thatthe:prnposed'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 arid
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, drawnto an appropriate scale
which shall include specifications of the proposed sign(s) 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 a
structures on the property shall be shows on the Site Plan Review map. All
proposedsigns shall, apply. for°andreceive 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, as shown in the Bulk Requirements in the Weld
County Zoning Ordinance. 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.
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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 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.
23.2.1A3.3 Landscaping techniques shall be utilized in design, of parking lots to aid
in buffering parking lots 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.
Renumber the existing Section 23.2.1.3 to 23.2.1.14
Renumber the existing Section 23.2.1.4 to 23.2.1.15 and amend as follows:
23.2.1.415 A statement explaining that the proposed USE, BUILDING or
STRUCTURE meets the Off -Street Parking Requirements listed in Section 4 of this
Ordinance. Sufficient SCREENED, off-street, paved parking areas shall be provided
in all districts if required by this Ordinance or the Board of County Commissioners.
Renumber the existing Section 23.2.1.5 to 23.1.1.16 and amend as follows:
23.2.1.516 A statement explaining that the loading/service areas in all districts
shall be located, designed, and constructed in a manner that is in
conformance with the standards below:
Renumber the existing Section 23.2.1.5.1 to 23.1.1.16.1 and amend as follows:
23.2.1.516.1 Sufficient space shall be provided in loading/service areas to
accommodate the vehicles being loaded or unloaded without
encroachment upon neighboring property or rights -of -way.
Loading/service areas shall be paved.
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Renumber the existing Section 23.2.1.5.2 to 23.2.1.16.2
Renumber the existing Section 23.2.1.6 to 23.2.1.17 and amend as follows:
23.2.1.617 A statement explaining that the lot shall have safe access to an
approved public or private street. The design designation of a street or highway as
to type shall be in conformance with that shown on the Weld County
ThoroughfareTransportation Plan and/or the Master Plan of the affected
municipality. Vehicular ingress and egress shall be permitted only via the following
types of 3trccts:
Delete existing Sections 23.2.1.6.1, 23.2.1.6.2, 23.2.1.6.3, and 23.2.1.6.4.
Renumber Section 23.2.1.7 to 23.2.1.18
Renumber Sections 23.2.1.7.1 through 23.2.1.7.7 to 23.2.1.18.1 through 23.2.1.18.7 and
amend as follows:
23.2.1/18.1 Size of drainage structure - 15 -inch minimum in diameter;
23.2.1.718.2 Length of drainage structure - 20 -foot minimum;
23.2.1.718.3 Depth of cover over pipe - 12 inches;
23.2.1.718.4 Width or access - 15 fcct;10 - 15 feet fora one-way single access,
24 foot minimum for two-way traffic,
23.2.1.718.5 Maximum grade of access - 15 percent;
23.2.1.718.6
23.2.1.718.7
Flare radius - 20 -foot minimum in a residential zone district, 40 -foot
minimum in commercial and industrial zone districts;
Depth of surfacing - 4 inehes;per engineered design and subject to
approval by Weld County Public Works Department;
Renumber Section 23.2.1.8 to 23.2.1.19 and amend as follows:
23.2.1.819 -A statement explaining that how acceleration/deceleration lanes, when
required by the Weld County Public Works Department or the Colorado Divisierref
Highways Department of Transportation, will provide safe, efficient access to
ARTERIAL or COLLECTOR STREETS;
Delete existing Sections 23.2.1.9 through 23.2.1.11.2
Renumber existing Section 23.2.1.12 to 23.2.1.20
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Delete existing Section 23.2.1.13 and 23.2.1.14
Renumber existing Section 23.2.1.15 through 23.2.1.15.5 to 23.2.1.21 through 23.2.1.21.5
Renumber existing Section 23.2.1.15.6 to 23.2.1.21.6 and amend as follows:
23.2.1.4521.6 Light. 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 nor
reflected light from any light source may create a traffic hazard to operators of motor
vehicles on PUBLIC or private STREETS; no colored lights may be used which may
be confused with or construed as traffic control devices;
Renumber existing Section 23.2.1.15.7 to 23.2.1.21.6 and amend as follows:
23.2.1.4521.7 Property Maintenance. All Pproperty located within the Zone District
shall be maintained in such a manner that grasses and weeds are
not permitted to grow taller than twelve (12) inches. The property
owner shall not allow the growth of NOXIOUS WEEDS.
Renumber existing Sections 23.2.1.16 through 23.2.1.16.2 to 23.2.1.22 through 23.2.1.22.2
Renumber existing Section 23.2.1.16.3 to 23.2.1.22.3 and amend as follows:
23.2.1.4622.3 Section, township, and rangeLegal description of the parcel;
Renumber 23.2.1.16.4 and 23.2.1.16.5 to 23.2.1.22.4 and 23.2.1.22.5
Add Section 23.2.1.22.6 as follows:
23.2.1.22.6 A vicinity map at a suitable scale. The map shall locatethe site with
respect to adjacent roads and other major land features;
Renumber existing Section 23.2.1.16.6 to 23.2.1.22.8 and amend as follows:
23.2.1.4622.68 The location and names of all roads and highways abutting
the LOT;
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Renumber existing Section 23.2.1.16.7 to 23.2.1.22.9
Renumber existing Section 23.2.1.16.8 to 23.2.1.22.10 and amend as follows:
23.2.1.16.8221Q existing existing and proposed STRUCTURES and their dimensions;
Add Section 23.2.1.22.11 as follows:
23.2.1:22:11The:: location, dimensions and
sign(s) on the site;
design :of. any existing!:and ::proposed
Renumber existing Section 23.2.1.16.9 to 23.2.1.22.12.
Delete existing Sections 23.2.1.16.10, 23.2.1.16.11, 23.2.1.16.12, and 23.2.1.16.13.
Add Sections 23.2.1.22.13 through 23.2.1.23.6.2, as follows:
23.2.1.22;13 The location and dimensions: of -vehicular drives, entrances,:exits
acceleration :.and deceleration lanes, location and dimensions of pedestrians;
entrances, exists, walks and walkways;
23.2.1.22.14 ,'General location 'arrangement and'dimensions of parking spaces;
width of aisles, width,Of;b0MangleHofi parking and other similar information:
23.2.1.22.15 Any other., info.Rtl'ation,deemed necessary by the Department of
Planning Services:
23.2:1:23' SITE PLAN REVIEW PLAT: A Site Plan Review Plat .shall tie.;prepared
after a Site Plan Review application is approved. The plat shall be submitted to the
planner and be ready for recording at the Weld County Clerk and Recorder's Office
within 30 days of approval. The plat shall meet, the following requirements:
23.2..1..23.1 Theplat shall be deiirt`eated 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,bei.asUfficient scaie.'to`show all necessary detail.,
23.21:23.2 photo mylar copy ordiazo sensitizedmylar.copy of the'original ink
drawing may be submitted. The material shall be at least' three; (3) mils or greater
in thickness.
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23.2.1.23.3 The plat submitted willl contain the original signatures and seals of"ail
parties required to silgntheplat. If a photo mylar copy or diazo sensitized:mylarcopy
is submitted, the original signatures and seals shall be contained: thereon.
23.2.1.23.4 The platshall.Ebe titled, "SitePlan 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'f236 The;plat shaltbear: the following certifications:
23.21:23;6.;1
Property Owners Certificate:
1 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 performance 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
orr'ezoned. I understand my failure to comply with the performance
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' rbefore:•me'this
day .: of.:: 'l9
WITNESS :my;hand:andofficial::seal.
itriy, :Commission expires:
Notary Public
23:2.1'23:6.2 'Department of Planning Services' Administrative'Review Certificate
example::
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This plat is accepted and approved for; filing.
Department of Planning Services Director
The foregoing instrument was subscribed and sworn to before me this
day of 19 , by
WITNESS my hand and official seal.
My Commission expires:
Section 24.5.1.5.1 is amended as follows:
24.5.1.5.1 Storm water retention facilities shall be provided on site which are
designed to retain the storm water runoff from the fully developed site from a 100
year storm-, or as otherwise, required by the Weld County Public Works Department.
In the case of a LIVESTOCK CONFINEMENT OPERATION (L.C.0.), 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).
Throughout the Ordinance delete the phrase "or ACCESSORY DWELLING UNIT".
Throughout the Ordinance refer to Mobile Homes as being a temporary use only.
Section 43.1.1 is amended as follows:
43.1.1 After the effective date of this Ordinance Nft0 MOBILE HOME or Accessory
Dwelling Unit may be located or relocated in Weld County after August 25, 1981,
except in accordance with Section 43 of this Ordinance, including the issuance of
any zoning permit which may be required by that Section. Each MOBILE HOME
located or relocated in Weld County after the effective date of this Section must have
a BUILDING permit for a MOBILE HOME issued pursuant to the Weld County
Building Code Ordinance. Each ACCESSORY BUILDING used as a DWELLING
UNIT constructed in Weld County for a use listed in Section 43 of this Ordinance
must obtain have the approval of a zoning permit for a purpose listed in Section 43
and a building permit issued by the Department of Planning Service& An application
for any zoning or building permit for a MOBILE HOME or Accessory DWELLING
UNIT Dwelling Unit required by Section 43 shall include the following:
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Sections 43.2.3, 43.2.3.1.1, and 43.2.3.1.3 is amended as follows:
43.2.3 TEMPORARY Accessory Farm Use
43.2.3.1.1 The MOBILE HOME or Accessory DWELLING UNIT will be occupied
by persons principally eustomarily employed at or engaged in the operation of the
USE where the MOBILE HOME or Accessory DWELLING UNIT 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.
43.2.3.1.3 The MOBILE HOME or Accessory DWELLING UNIT will not be used
as an income source by the applicant for rental to persons who are not principally
employed upon the LOT.
Section 43.2.3.3 is amended as follows:
43.2.3.3 A zoning permit for more than one MOBILE HOME or Accessory
DWELLING UNIT in the A District as an ACCESSORY FARM USE may be issued
by 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
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concerning the effects of the MOBILE HOME or Accessory DWELLING UNIT on the
surrounding properties. In addition, the Board shall consider compatibility of the
MOBILE HOME or Accessory DWELLING UNIT with the surrounding area, harmony
with the character of the NEIGHBORHOOD, its effects upon the immediate area, and
the general health, safety and welfare of the inhabitants of the area and the
COUNTY. Prior to the issuance of the Temporary Accessory Farm Use permit,
the applicant shall provide for recording a covenant enforceable by the County
which adequately describes the MOBILE HOME or Acceoaory DWELLING UNIT
and provides that the use of the MOBILE HOME or Accessory DWELLING UNIT
is subject to the Temporary Accessory Farm Use permit.
Sections 43.2.4.1 and 43.2.4.1.1 are amended as follows:
43.2.4.1 MOBILE HOMES may be allowed in the A District as a temporary
DWELLING UNIT in addition to the principal DWELLING UNIT upon the issuance of
a zoning permit by the Board of County Commissioners upon the Board's
determination that: A zoning permit for the temporary use of a MOBILE HOME
during medical hardship on a lot in the A 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.
Section 43.2.4.2 is amended as follows:
43.2.4.2 A MOBILE HOME zoning permit for temporary accessory use, during
medical hardship in the A District may be issued by the Department of Planning
Services upon a determination that the criteria of Sections 43.2.4.1.1 through
43.2.4.1.3and Section 43.4.2 of this Ordinanceare 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
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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.
Section 43.2.5.3 is amended as follows:
43.2.5.3 A zoning permit for more than one MOBILE HOME as an accessory
OFFICE unit in the Agricultural District may be issued by the Department of Planning
Services upon a determination that the criteria of Sections 43.2,5.1.1 through
43.2.5.1.4 and Section 43.4.2 of this ordinance are met.; If the applicant(s) is not
able to meet the criteria stated in Sections 43,4.2.5.1,] through 43.2.5.1.4, the
zoning permit may be issued only upon the approval by the Board of County
Commissioners. The Board shall review the application for compliance with the
criteria set out in Section 43.2.5.1.1 through 43,2.5.1.4 at a regularly scheduled
meeting of the Board. The Board of County Commissioners shall give notice of the
application for a zoning permit and the meeting date to those persons listed in the
application as owners of property located within five hundred (500) feet of the parcel
under consideration. Such notification shall be mailed, first class, not less than ten
(10) days before the scheduled meeting. Such notice is not required by Colorado
State Statute and is provided as a courtesy to surrounding property owners (the
surface estate). Inadvertent errors by the applicant in supplying such list or the
Department of Planning Services in sending such notice shall not create a
jurisdictional defect in the permit process even if such error results in the failure of
a surrounding property owner to receive such notification. The Department of
Planning Services shall post a sign for the applicant on the property in question
indicating that a MOBILE HOME has been requested for the property, the meeting
date and telephone number where further information may be obtained. The sign
shall be posted at least ten (10) days prior to the meeting date. The Board of County
Commissioners shall consider any testimony of surrounding property owners
concerning the effects of the MOBILE HOME or accessory OFFICE unit on the
surrounding properties. In addition, the Board shall consider compatibility of the
MOBILE HOME or accessory OFFICE unit with the surrounding area, harmony with
the character of the NEIGHBORHOOD, its effects upon the immediate area, and the
general health, safety and welfare of the inhabitants of the area and the COUNTY.
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Sections 43.2.6 and 43.2.6.1 are amended as follows:
43.2.6 Principal DWELLING UNIT. A zoning permit for the use of a MOBILE
HOME as Principal DWELLING UNIT in the A District may be issued by the
Department of Planning Services if the application meets thecriteria stated in
Sections 43.2.6.1.1 through 43.2.6.1.4 and 43.4.2 of this ordinance. MOBILE
HOMES may be permitted in the A District es a principal DWELLING UNIT upon the
issuance of a zoning permit by the Board of County Commissioners subject to the
following criteria:
43.2.6.1 The Board of County Commissioners shall hear the application at a
regularly scheduled meeting of the Board-, 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 2of 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
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:
Sections 43.2.7 and 43.2.7.1 are amended as follows:
43.2.7 TEMPORARY Accessory STRUCTURE. One MOBILE HOME used as an
accessory STRUCTURE in the A District may be permitted upon a determination by
the Department of Planning Services that:
43.2.7.1 The applicant must obtain a BUILDING permit and comply with all
installation standards of the Weld County Building Code Ordinance. Electricity is the
only utility which will is permitted to be connected to the MOBILE HOME.
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Delete existing Sections 43.2.7.1.1 through 43.2.7.1.3.
Sections 43.2.7.2 and 43.2.7.3 are amended as follows:
43.2.7.2 The MOBILE HOME will may not be used on any basis as a DWELLING
or as overnight or TEMPORARY housing for any person.
43.2.7.3 The applicant has must demonstrated that no reasonable alternative
exists to using the MOBILE HOME as an accessory STRUCTURE.
Section 43.2.7.7 is amended as follows:
43.2.7.7 A zoning permit for more than one MOBILE HOME in the A District used
as an Accessory STRUCTURE may be issued by the Department of Planning
Services upon a determination that the criteria of Sections 43.2.7.1 through 43.2.7.5
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
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 43.2.7.1 through 43.2.7.54 at a regularly scheduled meeting of the Board.
The Board of County Commissioners shall give notice of the application for a zoning
permit and the meeting date to those persons listed in the application as owners of
property located within five hundred (500) feet of the parcel under consideration.
Such notification shall be mailed, first class, not less than ten (10) days before the
scheduled meeting. Such notice is not required by Colorado State Statute and is
provided as a courtesy to surrounding property owners (the surface estate).
Inadvertent errors by the applicant in supplying such list or the Department of
Planning Services in sending such notice shall not create a jurisdictional defect in the
permit process even if such error results in the failure of a surrounding property
owner to receive such notification. The Department of Planning Services shall post
a sign for the applicant on the property in question indicating that a MOBILE HOME
has been requested for the property, the meeting date and telephone number where
further information may be obtained. The sign shall be posted at least ten (10) days
prior to the meeting date. The Board of County Commissioners shall consider any
testimony of surrounding property owners concerning the effects of the accessory
STRUCTURE MOBILE HOME on the surrounding properties. In addition, the Board
shall consider compatibility of the accessory STRUCTURE MOBILE HOME with the
surrounding area, harmony with the character of the NEIGHBORHOOD, its effects
upon the immediate area, and the general health, safety and welfare of the
inhabitants of the area and the COUNTY.
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Section 2.7.9 is added as follows:
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 ordisrepair 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.
Sections 43.3.3 is amended as follows:
43.3.3 A zoning permit for one Accessory DWELLING UNIT More than one zoning
permit for a MOBILE HOME in the C or I Districts as an ACCESSORY USE to the
principal USE may be issued 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 applicants) 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 HOMO an Accessory DWELLING UNIT has been
requested for the property, the meeting date and telephone number where further
information may be obtained. The sign shall be posted at least ten (10) days prior
to the meeting date. The Board shall consider any testimony of surrounding property
owners concerning the possible effects of the MOBILE HOMEAccessory DWELLING
UNIT on surrounding properties. In addition, the Board shall consider compatibility
of the MOBILE IOMEAccessory DWELLING UNIT with the surrounding area,
harmony with the character of the NEIGHBORHOOD, its effects upon the immediate
area, and the general health, safety and welfare of the inhabitants of the area and
the COUNTY.
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Section 46 is amended as follows:
46 Manufactured Home MANUFACTURED HOME';does not require the approval
of a zoning permit. All Structures meeting the.defnition of MOBILE HOME,shall
follow the zoning permit requirements of Section-43•of this Ordinance.
Delete all other existing text in Section 46.
Section 47 is amended as follows:
47 Livestock Feeding Performance Standards Anyone feeding livestock shall
be responsible to use best management practices.
47.1 Anyone feeding LIVESTOCK in the unincorporated areas of Weld County
shall comply with the performance standards enumerated below. An operator shall
be in violation of the following performance standards when:A complaint is received
and verified by the Weld County Health Department; 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.
Delete existing Sections 47.1.1 through 47.1.12.
Add Sections 47.2 through 47.2.6, as follows:
47.2 The Weld County Health Department will usethe following performance
standards to verify.a complaint andevaluate the presence:of a nuisance _condition.
47.21 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 water tight 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
for rodent and Insect control.
scientific.controls shallbe provided
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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 accordance with the Colorado Department of Public Health and Environment's
Confined Animal Feeding Operation Control Regulation (5 CCR 1002-19). The
property owner shall be responsible for any additional requirements issued by the
Colorado Department of Public Health and Environment, Water Quality Control
Division, or the Weld County Health Department.
Add back Section 47.2.7 which was deleted prior to first reading, as follows:
47.2.7 Ground water monitoring wells may be required to evaluate impacts on the
ground water table. The number, placement, construction, and monitoring of wells
shall be determined by an independent, qualified ground water scientist, and
approved by the Weld County Health Department, if required.
Add Sections 47.2.8 through 47.2.10, as follows:
47.2.8 Uses on the property shall comply with the Colorado Air Quality
Commission's air quality regulations.
47.2.9 All associated liquid and solid wastes shall be stored and removed for
final disposal in a manner that protects against surface and groundwater
contamination.
47.2.70 Fugitive dust shall be confined on the property.
Delete existing Section 76 and 76.1.
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BE IT FURTHER ORDAINED by the Board if any section, subsection, paragraph, sentence,
clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such
decision shall not affect the validity of the remaining portions hereof. The Board of County
Commissioners hereby declares that it would have enacted this Ordinance in each and every
section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that
any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be
declared to be unconstitutional or invalid.
The above and foregoing Ordinance Number 89-HH was, on motion duly made and
seconded, adopted by the following vote on the 6th day of October, A. D., 1997.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
ATTEST:
George E. Baxter, Chair
Weld County Clerk to the Board
Constance L. Harbert, Pro-Tem
BY.
Deputy Clerk to the Board
Dale K. Hall
APPROVED AS TO FORM:
Barbara J. Kirkmeyer
County Attorney
W. H. Webster
Notice Published:
First Reading:
Publication:
Second Reading:
Publication:
Final Reading:
Publication:
Effective:
August 14, 1997, in the South Weld Sun
September 3, 1997
September 11,1997, in the South Weld Sun
September 22, 1997
September 25, 1997, in the South Weld Sun
October 6, 1997
October 9, 1997, in the South Weld Sun
October 14, 1997
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