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Home My WebLink About640199.tiffx784 AMENDING THE WELD COUNTY ZONING RESOLUTION DATED MAY 29, 1961: Liva nap ... ...M DEC 16 1976 Recorded at __-.X___ o'clock.._. Rot Mk 17060'56 �ry Ann Feuenteln, Recon4 BE IT RESOLVED, by the Board of County Commissioners of Weld County Colorado, that the recommendations of the Weld County Planning Commission to amend the Weld County Zoning resolution dated May 29, 1961 and filed in the office of the County Clerk and Recorder on June 2, 1961 under No. 1356815, be and they C-? are hereby approved to read as follows: Amend Section 1, DISTRICTS AND MAP, paragraph 1.1, Establishment of District@, to read as follows: 0 nt In order to carry out the provisions of this Resolution there are hereby created and established in Weld Ccunty, Colcradr, the following classifications for zoning Dis- tricts: CM A - Agricultural District A-1 - Agricultural District F - Estate District R - Residential District H - High Density Residential District NH .- Mobile Home District T - Transitional District B - Business District C - Commercial District I - Industrial District S - Scientific District Amend Section III, USE AND DENSITY SCHEDULES, paragraph 3.3, Uses Permitted in the "A" Agricultural District, subheading (3) to read as follows: (3) Cattle feeding and the raising of fowls, rabbits, hogs and other animals for com- mercial use, provided each of the following conditions is met: commercial feed yards shall be located et least 660 feet from any resi- dence on another lot, from any public place of assembly, and from any E, R, H, MH, T, B or S zoning district boundary line; commercial feed yards shall be located at least 660 feet from any State ur Federal highway right of way; and all such uses shall be approved as to location by the Board of Ccunty Commissioners. Amend Section III, USE AND DENSITY SCHEDULES, paragraph 3.3-A, Uses Permitted in the "A-1". Agricultural District, to read as follows: All uses permitted in the "A", Agricultural District as stated therefore, except item 3.3 (3); Any non-commercial feeding operation in conjunction with a farming operation pro- viding the following conditions are met: (a) feed yards shall be constructed cr expanded at least 660 feet from any residence cn another lot, from any public place of assembly, .and from any E, R, H, 1.41, T, B or S zoning district boundary line; (b, all feed lots, not in conjunction with a farmstead, shall be located at least 660 feet from any State or Federal highway right of way; and (c) the feeding operation shall be conducted by the farm operator. Add a new Section III, USE AND DENSITY SCHEDULES, paragraph 3.6-A, to include the fol- lowing: xe/ Li 640199 a 784 0 3.6-A Uses Permitted in the 1411. Mobile Hor„e District (1) (2) (3) 0 1'706096 �-z Independent mobile homes Mobile Hume parks, including accessory buildings and uses for service and recrea- tion, provided each mobile hot. park is constructed according to the Mobile :acme Park Regulations cf Weld County. Mobile home subdivisions provided the following conditions are met: (a) (b) (0) the minimum lot area and minimum setback per mobile home shall be the same as required for a dwelling in the "R", Residential District; the subdivision shall conform to all requirements of the Subdivision Regula- tions of :;old County; and each mobile home subdivision shall be required to meet the standards of the Mobile Hore and :'chile Home Park Regulations of Weld County regarding "rater supply," 'sewage oispesal," "refuse disposal," "electric ," "fuel," and teraticnr and additions." Amend Section III, USE AND DENSITY SCHEDULES, paragraph 3.7, Uses Permitted in the "T", Transitional District to read as fellows: (1) All uses permitted in the "H", High Density Residential District 'as stated therefore; (2) Cultivation, storage and sale of crops, vegetables, plants, flowers and nur- sery stock produced on the premises; (3) Medical and dental clinics; (4) Membership clubs; (5) Motels and hotels; (6) Professional offices; (7) Tourist homes; (8) Undertaking establishments. Amend Section III, USE AND DENSITY SCHEDULES, paragraph 3,12, to read as follows: PERMITTED USES IN ALL ZONING DISTRICTS SHALL COMPLY WITH THE FOLLO:IING SCHEDULE i',R MINIMUM SETBACK OF EJILDINGS. MINIMUM LOT ARE.. PER PRINCIPAL USE AND THE MINIMA; LOT WIDTH PER PRINCIPAL USE. DISTRICT A A-1 E R ALTERNATE S H ALTERNATE S MH T ALTERNATE S B C I S MINIMUM MINIMUM MINIMUM SETBACK LOT AREA (1) LOT :'WIDTH (feet from the :rent (SQ. FEET) (FEET) lot line) 40,000 1C0 40,000 180 13,000 90 13,000 60 6,500 60 13,000 60 6,500 60 5 acres 330 13,000 60 6,500 60 * * r w 40,000 180 50 50 50 25 50 50 50 50 50 50 50 I :4 I "106096 d-3 Larger lot areas may be required by the Weld County Health Department where so conditions and percolation tests indicate that leaching fields from a septic tan%, require additional space. Such percolation tests shall be conducted wherever a let is not connected to apublic sewerage system. "Alternate S" means that.the dwelling is connected to a public sewerage system and to a public water system. * Due to varying requirements, minimum standards shall be established for each use by the Weld County Health Department. Amend Section III, USE AND DENSITY SCHEDULES, paragraph 3.13, to read as follows: PERMITTED USES IN ALL ZONING DISTRICTS SHALL COMPLY WITH THE FOLLOWING SCHEDULE FOR I.iINIMUM SIDE YARDS, MINIMUM REAR YARDS AND MAXIMUM HEIGHT OF BUILDINGS: DISTRICT A A-1 E R H MH T D J MINIMUM SIDE YARDS (EACH YARD HR UR 20 10 10 10 5 NR I IR IJR NR (1) IN FEET) MINIMUM MAXIMUM HEIGHT REAR YARD (2) OF BUILDINGS (FEET) (FEET) NR NR 20 20 20 20 20 20 20 20 20 NR NR 40 40 40 40 40 40 40 NR 40 NR - No Requirement (1) The minimum side yard along a street on a corner lot shall be the same as the front setback requirement for such zone. (2) The minimum rear yard may be measured to the center line of an alley where an al- ley abuts the rear let line. Delete Section III, USE AND DENSITY SCHEDULES, paragraph 3.14 Amend Section IV, SIGNS, to read as follows: 4.1 AGRICULTURAL, ESTATE. RESIDENTIAL AND MOBILE HOME DISTRICTS The following signs shall be permitted in the A, A-1, E, R, H, and MH Districts: (1) One identification sign per residential use provided such sign does not ex- ceed one square foot in area and is unlighted; to° 784 17 6096 One sign for the prospective rental or sale of a property provided such sign does not exceed ten square feet in area and is unlighted; One identification sign per public or semi-public use provided such sign dues not exceed twenty square feet in area; One identification sign per mobile home park provided such sign does not,ex- cced twenty square feet in area. 4.2 TRANSITIONAL AND SCIENTIFIC DISTRICTS All signs in the T and S Districts - (1) Shall be for identification of a business or products sold on the premises; (2) Shall not be limited in surface area when located below the roof line and within fifteen inches of the exterior walls of the buildino; (3) Then projecting or free standing, shall be limited to a total surface area of one square foot of sign (or total signs) for each lineal feet of building width, provided no one sign shall exceed 50 square feet in area. 4.3 GENERAL SIGN REQUIREMENTS (1) No "revolving beacon" or "fountain" signs shall be permitted in any district. (2) No sign in any district shall conflict in any m:.•.ier with the clear and ob- vious appearance of public devices controlling public traffic. (3) No sign in any district shall be over 40' in height. (4) All signs shall be subject to a minimum setback of 1/2 the required minimum setback for the district in which the sign is located. Amend Section VI, SUPPLEMENTARY REGULATIONS, paragraph 6.1, 'Used Permitted" ky Addi- tion of the following sub -paragraph (2): Mobile Hones . . . Mobile homes for permanent use shall be permitted only in the "MR", Mobile Home District. Mobile homes for temporary uses:ay be permitted in the A, A-1, R and H Districts on an individual basis, provided each use is first approved for a specified per- iod cf time by the Board of County Corrissioners. Before ap- proving any such request the Board of County Ctcn.issioners shall have a letter of approval from the hold County Health Department, and the Board of County Commissioners shall holada public hearing on the request, notification of which shall be given to all owners of property located adjacent 'to the site in question. Amend Section VI, SUPPLEMENTARY REGULATIONS, paragraph 6.2, Minimum Lot Area and Mini- mum Lot L'idt'n, subheading (1) "Established Lots", to read as follows: Where an individual lot was held in separate ownership from adjoining properties crtas platted and recorded at the time of passage of this Resolution or at the time of pas- sage of any amendment to this resolution, and has less area and/or less width than re- quired in other sections of this Resolution or required by such amendment, such a lot may be occupied according to the permitted uses provided for the district in which a lot is located. a' '784 • sze 17f 6096 Amend Section VIII, AMENDMENTS, paragraph 8.2 Soecial Procedure, sub -paragraph (21 to read as follows: (2) For proposed amendments to the "Zoning Area Map", the applicant shall submit a list of names and -addresses of all owners within the area requesting rezoning and all property owners having property within 500 feet of the area requesting re- zoning. The County Planning Commission shall send a written notice of said sear- ing at least seven (7) days prior to the hearing date to the property owners of most recent record within the area requesting rezoning and within 500 feet of the area proposed for rezoning. Failure to mail such notice to every property owner due to clerical ommissions shall not affect the validity of any hearing or deter- mination of the County Planning Commission. Add a new Section VIII, AMENDM`N1•S, paragraph 0.3 to include the following: 8.3 Reasons for Rezoning Requests for rezoning of tracts within Wield County should be supported by detail- ed and substantial evidence that such rezoning is necessary. Recent findings and oral statements by the petitioners should show very clearly that either the orin- inal zoning was faultiv or that changing conditions in the area now justify a new classification. Without the presentation of such supporting documentation, the County Planning Commission whould not recommend a change in zoning. The following arguments which are frequently presented are n21 sufficient grounds for rezoning: 1. 'The area has no other practical use;" 2. 'The proposed rezoning would allow the 'highest and best use of the land';" 3. "A non -conforming use is located on the property;" 4. 'The area adjoins land already zoned in this manner;" 5. "No one in the neighborhood objects;" 6. "If the zoning is granted, we will agree to use if only for certain purpos: ; and 7. "You haven't given us any reasons fcr not making the change." Although each of the preceding arguments has some validity, no one argument alone is sufficient grounds for rezoning. There mist be definite proof that the area request- er for change has unique characteristics which distinguish it from surrounding la"% and thus make its rezoning essential. %henever a change is recoeunended, the Planning Commission must assume that the most detrimental uses permitted in such zone might oc- cur. Furthermore, once a change is made, the Planning Commission mist recognize the precent which is established, both in immediate area and in other parts of the County, for like rezoning of other lands "similarly situated." Actions to rezone property simply because "it doesn't seem to make any difference" or "we think it will help the County tax base" may lead to serious problems. Zoning is a complicated legal process which must be administered impartially, in the best interests of the entire County, on the basis of facts, not wishful thinking. • t '784 1706096 Amend Section XII, DEFINITIONS, paragraph 12.2, Terris and Words, subheading (9), " mercial Feed Yards to read as follnws: An enclosure for the fending and fattening of cattle, fowls, rabbits, animals, where each of the following conditions exist: (a) (b) (c) hcgs and other the animals or fowls are confined to a restricted area; more than fifty percent of the roughage type feed, such as hay or silage, for the feeding of such animals or fowls is purchased rather than being produced on the immediate farm or contiguous leased property; and the feeding operation exceeds 25% of the farm's land area. Any feeding operation which does nct meet the preceding conditions shall not he con- sidered "Commercial" and therefore shall be permitted as a "farm use." Amend Section XII, DEFINITIONS, paragraph 12.2, Jerre and Words, subheading (35), "Sot back" to read as follows: The distance extending across the full width of the lot between the front lot lino and the nearest line ur point of the building. Amend Section XII, DEFINITIONS, paragraph 12.2, Terms and fiords, by deleting subhead- ing (39), 'Trailer Courts." Amend the Official Zoning Maps for areas within Ucld County so that all .z( ni,:g dist- ricts adopted or amended after public hearings by the Board of County Commissioners of Weld County as "0, Open District" shall hereafter be caassified as "A-1, f.-;ricultural District." The above and foregoing resolution was, on motion duly made and seconded, adopted by the following votes AYES:, ls.__c-Ci � ASOF C�� THEBOARD ISSICNERS DATED' OCTOBER 14, 1964 'MELDCOUNTY, 777a 33 : two • 'T Hello