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ORDINANCE NO. 89-HH
IN THE MATTER OF THE REPEAL AND RE-ENACTMENT, WITH AMENDMENTS OF CERTAIN
SECTIONS, AND THE ADDITION OF CERTAIN SECTIONS TO ORDINANCE NO. 89, WELD
COUNTY ZONING ORDINANCE, AS CURRENTLY AMENDED, REVISING AND ADDING CERTAIN
PROCEDURES, TERMS, AND REQUIREMENTS
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD,
STATE OF COLORADO:
WHEREAS, the Board of County Commissioners of the County of Weld, State of Colorado,
pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority
of administering the affairs of Weld County, Colorado, and
WHEREAS, the Board of County Commissioners has the power and authority, under the
Weld County Home Rule Charter and State statute, including Article 28 of Title 30 CRS, to adopt
zoning regulations for the unincorporated areas of the County of Weld, State of Colorado, and
WHEREAS,the Board of County Commissioners of the County of Weld, State of Colorado,
has previously adopted Ordinance No. 89, Weld County Zoning Ordinance, establishing a
comprehensive revision of the Zoning Ordinance and zoning maps for unincorporated areas of the
County of Weld and has adopted amendments in Ordinances 89-A through 89-GG, and
WHEREAS,said Ordinance No. 89, as amended, is in need of revision and clarification with
regard to certain 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amended, be, and hereby are, repealed and re-enacted, with amendments, and the various sections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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NON -URBAN SCALE DEVELOPMENT: Developments comprising of five 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%:) 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'A) acres per lot.
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.
URBAN SCALE DEVELOPMENT: Developments exceeding 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
development.
Section 21.4.3 is amended to read:
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 map shall be available for public inspection in the
office of the Department of Planning Services.
Replace Section 23, in its entirety, with the following:
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 Weld County a means whereby orderly and harmonious
Development is ensured in Weld 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 Weld 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.
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23.1.3 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 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, structure in a zone district which requires a Site Plan Review until a Site Plan
Review has been submitted and approved 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 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
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.
89 on October 31, 1995, 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 the Department 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 fora 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 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.
23.1.10 Applications for a Site Plan Review shall be completed as set forth in Section 23.2,
Application Requirements. 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.
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 filed in the office of the Department of Planning
Services with the Site Plan Review file.
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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 Health
Department;
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(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 and structures on the property shall be
shown on the Site Plan Review map. All proposed signs shall apply for and receive a
building permit;
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23.2.1.13 Statements describing that the landscape requirements listed below have been
meet:
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
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;
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.
23.2.1.13.3 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;
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 100 year storm and release retained water at a rate
not to exceed a five 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 of this 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 areas 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 and 1-2 Districts shall be designed to comply
with the appropriate use regulations under either Section 34.2 or Section 34.3 of this
Ordinance;
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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;
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 Public Works Department depending upon the number and
type of vehicles generated by the use proposed;
23.2.1.18.1 Size of drainage structure - 15 inches minimum in diameter;
23.2.1.18.2 Length of drainage structure - 20 foot minimum;
23.2.1.18.3 Depth of cover over pipe - 12 inches;
23.2.1.18.4 Width of access - 10 - 15 feet for a one-way single access, 24 foot minimum for
two-way traffic;
23.2.1.18.5 Maximum grade of access - 15 percent;
23.2.1.18.6 Flare radius - 20 foot minimum in a residential zone district, 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 Public Works Department;
23.2.1.19 A statement explaining how acceleration/deceleration lanes, when required by the
Weld County Public Works Department 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 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
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 in the standards established by the Colorado
Water Quality Control Commission;
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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;
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; 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.
23.2.1.22 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 24 inches by 36 inches;
23.2.1.22.2 The scale shall be one inch equals 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 irrigation 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;
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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.
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 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 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 or diazo sensitized 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 or diazo sensitized 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 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 or rezoned. 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.
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Signature of Property Owner
The foregoing instrument was subscribed and sworn to be before me this
day of 19 , 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 example:
This plat is accepted and approved for filing.
Department of Planning Services Director
The foregoing certificate was acknowledged before me this day of
,A.D., 19
My Commission expires:
Notary Public
Witness my hand and Seal
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.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).
Throughout the Ordinance delete the phrase "or ACCESSORY DWELLING UNIT".
Throughout the Ordinance refer to Mobile Homes as being a temporary use only.
Amend Section 31.3.3 to read:
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;
Delete Section 31.3.10.
Renumber Section 31.3.11 to 31.3.10.
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Amend Sections 33.2.4.8 and 33.3.4.5 to read:
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.
Amend Sections 33.4.3.3, 33.5.3.7, 34.2.3.4, 34.3.3.4, and 34.4.3.4 to read:
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.
Replace Section 43, in its entirety, with the following:
SECTION 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 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.
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:
a. The proposed location of the MOBILE HOME , including distances from the property LOT
lines and other STRUCTURES on the property.
b. Access to the MOBILE HOME , indicating whether the access is existing or proposed.
c. Location and measurements of any easements or rights -of -way.
d. Amount of road frontages.
e. Identification of any county, state or federal roads or highway.
f. Existing STRUCTURES on the property.
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43.1.1.7 Methods of disposal of sewage or other wastes in compliance with the
requirements of the Colorado Health Department and the Weld County Department of Health
Services, except for applications for TEMPORARY storage of a MOBILE HOME under
subsection 43.2.2 below or for Accessory STRUCTURE under Section 43.2.7 below.
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 storage of
a MOBILE HOME under subsection 43.2.2 below or for Accessory STRUCTURE under
Section 43.2.7 below.
43.1.1.9 An application fee. Each request for a renewal or extension of a TEMPORARY
permit shall also be accompanied by the appropriate application fee.
43.1.1.10 If the requirements of this Section 43 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 District
MOBILE HOMES are allowed in the A District for the following USES upon the issuance of
the appropriate zoning or BUILDING permits according to 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 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.
43.2.1.4 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.
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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 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.
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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 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 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
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.
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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 upon 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 reasonably require.
43.2.3.3 A zoning permit for more than one MOBILE HOME 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 app!icant 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.
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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 Durina a Medical Hardship
43.2.4.1 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.
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
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 43.2.4.1.3 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 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.
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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 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
with all installation standards of the Weld County Building Code Ordinance.
43.2.5.2 The Department of Planning Services shall make its determination on the basis of
a signed statement by the applicant that the conditions of Sections 43.2.5.1.1 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 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
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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 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 Weld 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.
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43.2.6.2 Only one (1) zoning permit for a MOBILE HOME as a principal DWELLING UNIT
shall be issued for each LEGAL LOT in the A District in Weld County, Colorado.
43.2.7 TEMPORARY Accessory STRUCTURE. One MOBILE HOME used as an accessory
STRUCTURE in the A 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.
43.2.7.3 The applicant has demonstrated that no reasonable alternative exists to using the
MOBILE HOME as an accessory STRUCTURE.
43.2.7.4 Only one MOBILE HOME used as an accessory STRUCTURE may be on a LEGAL
LOT at any one time.
43.2.7.5 The applicant must obtain a BUILDING permit for the MOBILE HOME and comply
with the installation standards of the Weld County Building Code Ordinance.
43.2.7.6 The Department of Planning Services shall make its determination in the issuance
of a BUILDING permit for a MOBILE HOME used as an accessory STRUCTURE on the basis
of a signed statement by the applicant that the conditions of Sections 43.2.7.1 through
43.2.7.5 are met, upon information contained in the application, and upon independent
evidence as may be available or which the staff may reasonably require.
43.2.7.7 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 43.2.7.5 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
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
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immediate area, and the general health, safety and welfare of the inhabitants of the area and
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.
43.3 MOBILE HOMES in Commercial (C) or Industrial (I) District
43.3.1 One MOBILE HOME may be permitted as an ACCESSORY USE to the principal
USE in certain C or I zone districts upon a determination by the Department of Planning
Services that:
43.3.1.1 The MOBILE HOME is necessary for the effective and economic operation of the
business, commercial or industrial activity.
43.3.1.2 The MOBILE HOME will not be used for residential purposes other than for the
purpose of the protection or control of the principal USE.
43.3.1.3 Adequate water and sewage disposal facilities are available to the MOBILE HOME
43.3.1.4 The applicant must obtain a BUILDING permit for the MOBILE HOME and comply
with the installation standards of the Weld County Building Code Ordinance.
43.3.2 The Department of Planning Services shall make its determination on the basis of
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 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 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
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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 or I zone
districts are TEMPORARY and subject to the requirements for MOBILE HOMES as stated
in Sections 33 and 34 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.
Section 46 is amended as follows:
46 MANUFACTURED HOME 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 of this Ordinance.
Delete all other existing text in Section 46.
Sections 47 and 47.1 is amended to read:
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 Health Department; and The Health
Department sends written notice to the operator requiring a plan and time line for correction
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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 47.2.10, as follows:
47.2 The Weld County Health Department 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
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.
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 at the
direction of the Board of County Commissioners.
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.
47.2.10 Fugitive dust shall be confined on the property.
Delete existing Section 76 and 76.1.
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ORDINANCE #89-HH
PAGE 22
BE IT FURTHER ORDAINED by the Board if any section, subsection, paragraph, sentence,
clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such
decision shall not affect the validity of the remaining portions hereof. The Board of County
Commissioners hereby declares that it would have enacted this Ordinance in each and every
section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that
any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be
declared to be unconstitutional or invalid.
The above and foregoing Ordinance Number 89-HH was, on motion duly made and
seconded, adopted by the following vote on the 6th day of October, A. D., 1997.
ATTEST:
Weld Cola
BY.
APP
Deputy Cleoard
D A$-WFORM:
ounty Attorney
Notice Published:
First Reading:
Publication:
Second Reading:
Publication:
Final Reading:
Publication:
Effective:
BOARD OF COUNTY COMMISSIONERS
WEL
D D t;OUNTY, COIRADO
Baxter, Chair
Dale K. Hall
arbara J. Kirkmeyer
W. H. Webster
August 14, 1997, in the South Weld Sun
September 3, 1997
September 11,1997, in the South Weld Sun
September 22, 1997
September 25, 1997, in the South Weld Sun
October 6, 1997
October 16, 1997, in the South Weld Sun
October21, 1997
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