HomeMy WebLinkAbout20231428.tiff6/19/23 WORKSESSION DRAFT.
4,7L "7-/0 -a3
Additions from first reading in green underline.
CHAPTER 23 - Zoning
ARTICLE I - General Provisions, ARTICLE III - Zone Districts
[NO CHANGES FROM CURRENT CODE.]
ARTICLE IV - Supplementary District Regulations and Zoning Permits
[NO CHANGES FROM FIRST READING.]
CHAPTER 29 - Building Regulations
ARTICLE I - General Provisions
Sec. 29-1-20. Definitions.
As used in this Building Code, unless the context otherwise requires, the following definitions shall
apply:
Agricultural building means a structure designed -and constructed to house
property in the A (Agricultural) zone district for the sole purpose ofj
prod u cts
This structure shall not be a place of human habitation or a place of
buildings or structures on
purpose
ty the International Building Code adopted by reference in Section 29-2-20 of this Code. All other
occupancy types are required to be permitted appropriately as either accessory or -commercial buildings-
Misiffigured bui dings and vehicles shall not be utilized a I not
m
for any
Cargo container has the same meaning as in Article I of Chapter 23.
READING
[All other definitions remain unchanged]
ARTICLE III - Building Permits
Sec. 29-3-20. Exemptions.
[NO CHANGES FROM FIRST
A. Exemptions from the permit requirement of this Building Code shall not be deemed to grant
authorization for any work to be done in any manner in violation of any of the provisions of this Code,
any laws of the State or other resolutions or ordinances of the County. Unless otherwise exempted by
this Chapter, separate plumbing, electrical and mechanical permits will be required for the items listed
below.
A building permit shall not be required for:
[1 through 12 — No change]
13. Agricultural buildings. A permit and certificate of compliance issued by the Department of
Planning Services for an agricultural building with a floor area exceeding two hundred (200)
square feet is required even though a building permit is not. Suci bui cing sh-a meet a apolicable
0?•0002o /9-02Y
6/19/23 WORKSESSION DRAFT.
requirements of this Code, including, but not limited to. in order to orif, .th�..h:a.ilr in� meets
required setbacks, offsets, and flood hazard requirements.
a. A certificate of compliance for agricultural exempt buildings is required to be completed,
construct the structure in acco
and establish any applicable flood hazard requirements.
[14 through 19 — No change]
20. Cargo containers, as long as they are not modified from the original construction and are not used
for any purpose other than storage. [NO CHANGES FROM FIRST READING.]
C If any of the structures outlined in Subsection B. above are located in a FEMA-designated floodplain,
a floodplain development permit shall be obtained prior to the start of construction.
6/19/23 WORKSESSION DRAFT.
CHAPTER 23 - Zoning C>Z,, 7/0'0,93
ARTICLE IV - Supplementary District Regulations and Zoning Permits
Division 16 - Cargo containers
Sec. 23-4-1100. Cargo containers used for storage, an office, a dwelling or any habitable use.
A CARGO CONTAINER shall comply with all applicable provisions of this Code, including, but not
limited to, Chapter 29 and Article XI of this Chapter. The following conditions shall apply:
A. CARGO CONTAINERS designed and retrofitted for habitation may be connected to wet and dry
utilities such as water, sewer and electricity upon issuance of applicable required permits. CARGO
CONTAINERS without building permits shall be used solely for storage and shall not be connected to
water or sewer or any other utility except electricity. Electrical permits are required for connections to
electricity service.
#-,7
•J e
B. A CARGO CONTAINER shall not be allowed to fall into a state of disrepair. Such disrepair may include
a CARGO CONTAINER that is partially or totally damaged by fire, earthquake, wind or other natural
causes, or is in a state of general dilapidation, deterioration or decay resulting from a lack of
maintenance, vandalism or infestation with vermin or rodents. Any such CARGO CONTAINER shall
be restored to, and maintained in, the original condition it was in at the time it was placed on the site,
or it shall be removed from the site.
C. CARGO CONTAINERS outside of Industrial (1-2 and 1-3) zone districts shall not be stacked on top of
each other unless incorporated into a STRUCTURE with a building permit in conformance with Chapter
29 of this Code. CARGO CONTAINERS in Industrial (1-2 and 1-3) zone districts shall not be stacked
more than three (3) containers high.
D. A CARGO CONTAINER shall not be used in any manner to display a SIGN.
CHAPTER 29 - Building Regulations
ARTICLE I - General Provisions
Sec. 29-1-20. Definitions.
As used in this Building Code, unless the context otherwise requires, the following definitions shall
apply:
Agricultural building means buildings or structures on property in the A (Agricultural) zone district for
the sole purpose of providing shelter for agricultural implements, farm products, livestock, or poultry.
Cargo container has the same meaning as in Article I of Chapter 23.
[All other definitions remain unchanged]
ARTICLE III - Building Permits
Sec. 29-3-20. Exemptions.
A. Exemptions from the permit requirement of this Building Code shall not be deemed to grant
authorization for any work to be done in any manner in violation of any of the provisions of this Code,
any laws of the State or other resolutions or ordinances of the County. Unless otherwise exempted by
this Chapter, separate plumbing, electrical and mechanical permits will be required for the items listed
below.
6/19/23 WORKSESSION DRAFT.
B. A building permit shall not be required for:
[1 through 12 — No change]
13. Agricultural buildings. A certificate of compliance issued by the Department of Planning Services
for an agricultural building with a floor area exceeding two hundred (200) square feet is required
even though a building permit is not in order to verify the building meets required setbacks, offsets,
and flood hazard requirements.
[14 through 19 — No change]
20. Cargo containers, as long as they are not modified from the original construction and are not used
for any purpose other than storage.
C. If any of the structures outlined in Subsection B. above are located in a FEMA-designated floodplain,
a floodplain development permit shall be obtained prior to the start of construction.
MEMORANDUM
TO:
FROM:
DATE:
RE:
WELD COUNTY PLANNING COMMISSION
JIM FLESHER, LONG-RANGE PLANNER
MAY 2, 2023
ORD2023-09 AGRICULTURAL BUILDINGS AND
CARGO CONTAINERS
Chapter 29, Building Regulations, has exempted agricultural buildings from the requirement for a
building permit since at least 1983, though the exemption didn't apply in subdivisions or townsites until
2011. In 1999, language was added to require a "certificate of compliance" (COC) stating that the
building would be constructed in compliance with setbacks and floodplain regulations. In 2011, the
exemption was changed to apply within subdivisions and townsites, and the COC was revised to state
the building would be constructed "in accordance with all adopted building codes". However, no
inspections are performed and it is assumed that very few of these buildings actually meet building
codes. Many of these buildings are on small lots where no farming or ranching is occurring.
If the building is changed so that it no longer meets the definition of "agricultural building" in Section 29-
1-20, then a building permit and inspections are required. Depending on how the building was changed,
substantial improvements may be required in order to bring the building up to code. The number of ag
buildings that have been illegally converted is unknown and it is more difficult to enforce on altering a
building without a permit than constructing a building without a permit.
This ordinance would revise both Chapters 23 and 29 to clarify the definition of "agricultural building",
which hasn't changed since it was added in 1999, and to limit their use to bona fide agricultural
properties. Properties over 35 acres would be assumed to have an agricultural use for the purposes of
issuing COCs, and agricultural buildings would be a use by right in the Agricultural zone district, so the
process would remain as it is now for those properties. For properties between 5 and 35 acres in the
Ag zone, we would verify the property is actually a farm or ranch and the building would have to be
accessory to a principal use. If the property is not a farm or ranch, the building could still be constructed,
but a building permit would be required. For all Ag-zoned properties of less than 5 acres, a building
permit would be required and the building would have to be accessory to a principal use.
On March 13, 2023, the Board of County Commissioners held a worksession with staff regarding
agricultural buildings and directed staff to draft an ordinance to incorporate the proposed changes.
This ordinance also includes changes regarding cargo containers. Section 23-4-1100 in the zoning code
currently states cargo containers require a building permit. This ordinance would delete that provision
and add cargo containers as exempt from building permits in Chapter 29, as long as the cargo container
is only used for storage. If the cargo container is modified, connected to utilities other than electricity,
or used for an occupied use, building permits would be required.
Please see the attached ordinance for more details. Staff recommends adoption of the ordinance.
2023-1428
Page 1
Summary of the Weld County Planning Commission Meeting
Tuesday, May 2, 2023
A regular meeting of the Weld County Planning Commission was held in the Weld County Administration
Building, Hearing Room, 1150 O Street, Greeley, Colorado This meeting was called to order by Chair,
Elijah Hatch, at 1 32 p m
Roll Call
Present Elijah Hatch, Skip Holland, Sam Gluck, Butch White, Michael Wailes, Shana Morgan
Absent Pamela Edens, Michael Palizzi
Also Present Kim Ogle, Chris Gathman, Diana Aungst, Maxwell Nader, and Jim Flesher, Department of
Planning Services, Rob Adnaens, Department of Building Inspection, Lauren Light, Department of Health,
Kann McDougal, County Attorney, and Kris Ranslem, Secretary
Case Number
Presented by
Request
Ordinance 2023-06
Jim Flesher/Rob Adnaens
In the Matter of Repealing and Reenacting, with Amendments, Chapter 23 Zoning
and Chapter 29 Building Regulations of the Weld County Code (Agricultural
Buildings)
Jim Flesher, Planning Services, presented Ordinance 2023-06 and provided a brief summary of the
proposed code changes regarding agricultural buildings He added that there is also a minor change
including cargo containers in Section 23-4-1100
Commissioner White asked if there is any recourse for the citizens if staff determines it is not an agricultural
structure Mr Flesher said that there is a process to appeal the administrative decision He added that the
applicant is still able to build the barn, however, they will need to apply for a building permit
Commissioner Wailes asked who will make the determination if it is an agriculture building Rob Adnaens,
Building Official, said it would be a planning determination, however, building inspection would enforce the
building codes Mr Wailes asked if there would be a site visit to make the determination Mr Flesher said
that Planning probably wouldn't do a site visit and added that policies have yet to be determined as far as
determining whether a property is in bona fide agricultural use Mr Wailes said that he understands why
this change is proposed and thinks it's a good idea and has seen how this has been abused However, he
also knows that a lot of people he has talked to are really concerned about some of these changes
The Chair referred to the change under five (5) acres and said that because someone owns less than five
(5) acres doesn't mean that they do not run a farming operation He added that they could own one (1)
acre and lease the 100 acres behind that and need to build a building for storage He added that there are
lots of possibilities and said it would definitely need to be assessed on a case -by -case instance but on all
acres and not just between 5 to 35 acres
The Chair asked if there was anyone in the audience who wished to speak for or against this ordinance
Tim Naylor, AGPROfessionals, said they work with about 90% of the dairies and all of the poultry facilities
in Weld County and added that we need to decide if we are going to bean ag county or not He added that
this is creating regulations to solve a problem for somebody building a house inside of an ag exempt
building He said it is already against the rules so why are we creating new rules that are punishing our ag
businesses Mr Naylor stated that the 5 -to -35 -acre rule becomes a subjective and not an objective rule
because somebody gets to decide that an individual gets an ag exempt building and the other individual
doesn't He added that they don't have a list of what those qualifications are Mr Naylor further stated
that you can have a 2 -acre property and can't do an ag building because you don't have a primary residence
on that property He added that you are not allowed to build anything unless it is an accessory to a primary
use Mr Naylor said that then you are forced to get a commercial building permit which comes with road
impact fees and facility impact fees He added that then if it's a commercial building they would need a
land use permit for that Mr Naylor said that the proposed changes require the agricultural building to be
unconditioned Group U Occupancy Poultry barns are 100 feet by 700 feet for baby birds and they have to
1
be heated so they have to be conditioned Mr Naylor recognized staffs efforts in trying to control the illegal
use of agricultural exempt permits but he doesn't think creating more rules and regulations is the answer
Mr Adnaens clarified that ag exempt buildings according to the definition states that they are limited strictly
to the storage of agricultural implements, grain, feed, livestock and things of that nature and not to be used
as a place of employment or processing of any agricultural produce He added that it is already a Group U
Occupancy but this change is just clarifying that Mr Flesher added that accessory buildings are already
required to be an accessory to a principal use
Commissioner Holland asked Mr Flesher for his reaction to Mr Naylor's comments Mr Flesher stated
that staff feels this is an appropriate mechanism to limit the abuse of ag buildings being exempt when they
are not being used for that stated purpose Mr Holland referred to the example of raising baby chickens
and asked staff to explain that use Mr Flesher read the definition of agricultural buildings in the ordinance
and said if it doesn't meet that then they would need to obtain a building permit He added that it isn't a
question of whether they should be exempt from fees or not, it's about whether they should be exempt from
a building permit
Commissioner Morgan referred to Section 23-3-30 A where it talks about the lots between 5-35 acres and
in a bona fide agricultural use and asked if you will be using the definition that was just read as that criteria
Mr Flasher said it is the definition of an agricultural building so it would need to meet that definition Ms
Morgan referred to the comment on who decides and what criteria is used to determine an ag building and
asked if there will be a set criteria that is going to be used or is it left up to an arbitrary decision Max Nader,
Planning Manager, stated that the purpose of these proposed code change is to assist with the problems
that the building department deals with on a daily basis He added that there are a lot of ag exempt buildings
that are converted without permits to a 2"d dwelling or even for commercial purposes Mr Adnaens said
that a very common problem especially with smaller acreages is where the primary applicant sells the
property with the ag exempt building and then the new owner wants to start a business, such as welding,
in this building in the ag zone and then they are in violation of the building code and noncompliance with
state codes regarding energy conservation It is a nightmare for that person after the fact to try to come
into compliance Mr Nader added that we don't want to restrict farming as it is an agricultural county but
we are making sure these buildings are properly permitted He added that education is a big piece to this
and they are putting together some pamphlets to help citizens eliminate these situations from occurring
He added that they are also working with real estate companies to educate them
Mr Adnaens said that a lot of people seem to think that the definition of agriculture is anything to do with
agriculture, however, for instance milking parlors are not allowed as ag exempt buildings because there will
be people working in them Mr Wailes suggested that a better definition needs to be created and include
what is not included in ag exempt buildings
Tom Parko, Planning Director, said that these are good conversations and recommended referring this item
back to Planning Staff so they can regroup, reach out to stakeholders, and have a follow up work session
with the Board of County Commissioners Kann McDougal, County Attorney, stated that Planning
Commission doesn't have the authority to refer it back to planning staff, only the County Commissioners
can do that Ms McDougal added that a recommendation does need to be forwarded to the Board of
County Commissioners, then the County Commissioners can refer it back to staff for more work She told
the Planning Commission that you can make comments on your vote so the County Commissioners
understand you are doing this because this is your authority under the Code
Motion Forward Ordinance 2023-06 to the Board of County Commissioners along with the Planning
Commission's recommendation of denial, Moved by Sam Gluck, Seconded by Michael Wailes Mr Gluck
included in his motion that the draft be worked on by staff to put careful thought into it and present it at a
later date
Commissioner Morgan noted that the Planning Commission supports what staff is trying to do and
understands the struggle and want to solve that problem but she just wants to make sure it doesn't cause
other problems
The Chair called for the vote
Vote Motion carried by unanimous roll call vote (summary Yes = 6)
Yes Butch White, Elijah Hatch, Michael Wailes, Sam Gluck, Shana Morgan, Skip Holland
2
Meeting adjourned at 7 13 pm
Respectfully submitted,
`% . \ibbnt y' 1ALQ.i1�L.
Kristine Ranslem
Secretary
3
Before the Weld County, Colorado, Planning Commission
Resolution of Recommendation to the Board of County Commissioners
Moved by Sam Gluck, that the following resolution be introduced for denial by the Weld County Planning
Commission Be it resolved by the Weld County Planning Commission that the application for
Case Number Ordinance 2023-06
Presented by Jim Flesher/Rob Adnaens
Request In the Matter of Repealing and Reenacting, with Amendments, Chapter
23 Zoning and Chapter 29 Building Regulations of the Weld County
Code (Agricultural Buildings)
be recommended unfavorably to the Board of County Commissioners
Motion seconded by Michael Wailes
VOTE
For Denial Against Denial Absent
Eluah Hatch
Skip Holland
Sam Gluck
Butch White
Michael Wailes
Shana Morgan
The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file of this
case to the Board of County Commissioners for further proceedings
Pamela Edens
Michael Pal¢zi
Certification of Copy
I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that
the above and foregoing resolution is a true copy of the resolution of the Planning Commission of Weld
County, Colorado, adopted on May 2, 2023
Dated the 2nd of May, 2023
45\.4bh,u, AnnCiin
Kristine Ranslem
Secretary
CHAPTER 23 - Zoning
ARTICLE I - General Provisions
Sec. 23-1-90. Definitions.
The following specific words and phrases, when appearing in this Chapter in uppercase letters, shall
have the meanings stated in this Section:
AGRICULTURAL BUILDING: As defined in Article I of Chapter 29.
[All other definitions remain unchanged]
ARTICLE III - Zone Districts
Division 1 - A (Agricultural) Zone District
Sec. 23-3-20. Uses allowed by right outside of subdivisions and historic townsites.
No BUILDING, STRUCTURE or land shall be used and no BUILDING or STRUCTURE shall hereafter
be erected, structurally altered, enlarged or maintained in the A (Agricultural) Zone District on LOTS outside
of SUBDIVISIONS and HISTORIC TOWNSITES except for one (1) or more of the following USES.
A. AGRICULTURAL BUILDINGS on LOTS of thirty-five (35) acres or more.
B. ANIMAL BOARDING and animal TRAINING FACILITIES where the maximum number of
ANIMAL UNITS or HOUSEHOLD PETS permitted in Section 23-3-70.D below is not exceeded
and traffic to and from the facility does not exceed sixty (60) daily trips.
C. Asphalt or concrete batch plant and borrow pits used TEMPORARILY and exclusively for an on -
site construction project or the completion of a PUBLIC STREET/ROAD improvements project
where the subject property is at, on, or near the STREET/ROAD on which improvements are
being made. The six-month limitation for this TEMPORARY USE may be extended in six-month
increments at the discretion of the Director of Planning Services up to two (2) times, and
thereafter by the Board of County Commissioners.
D. CAMPING, FISHING, HUNTING, and noncommercial WATER SKIING.
E. COUNTY grader sheds.
EF. FARMING and GARDENING
agricultural products and confinement or protection of LIVESTOCK. Converted, partially
cisman- ec , modified, a rerec or reaurbis lcc WA \U �ACTURE D -OWES ES s la not be u:i izec as
agriculturally exempt BUILDINGS or for the storage of agricultural equipment or agricultural
products or confinement or protection of LIVESTOCK.
[Reletter remaining section]
Sec. 23-3-30. Accessory uses outside of subdivisions and historic townsites.
The following BUILDINGS, STRUCTURES and USES shall be allowed in the A (Agricultural) Zone
District on LOTS outside of SUBDIVISIONS and HISTORIC TOWNSITES so long as they are clearly
incidental and ACCESSORY to an allowed USE.
A. AGRICULTURAL BUILDINGS on LOTS between five (5) and thirty-five (35) acres and in bona fide
agricultural USE, as determined by the Department of Planning Services.
h B. One (1) caregiver of medical marijuana grown and sold pursuant to the provision of Article 43.3,
Title 12. C.R.S., and for a purpose authorized by Section 14 of Article XVIII of the Colorado
Constitution per LEGAL LOT as per Article VII, Chapter 12, of this Code.
BC. Up to two (2) CARGO CONTAINERS in accordance with Section 23-4-1100 per LEGAL LOT of
less than eighty (80) acres. Up to five (5) CARGO CONTAINERS in accordance with Section
23-4-1100 may be allowed per LEGAL LOT of eighty (80) or more acres.
D. NONCOMMERCIAL JUNKYARD, as long as it is ENCLOSED within a BUILDING or
STRUCTURE or SCREENED from all ADJACENT properties and PUBLIC RIGHTS -OF -WAY in
conformance with a SCREENING plan approved by the Department of Planning Services.
E. OFFICES.
F. OUTDOOR STORAGE of materials accessory to an allowed USE, as long as the materials are
SCREENED from ADJACENT LOTS and RIGHTS -OF -WAY.
G. Parking areas and parking STRUCTURES, including parking of one (1) COMMERCIAL
VEHICLE per LEGAL LOT.
H. Up to two (2) SEMI -TRAILERS used as ACCESSORY storage per LEGAL LOT.
STRUCTURES and BUILDINGS, excluding AGRICULTURAL BUILDINGS. ACCESSORY to
USES permitted under Section 23-3-20 or Section 23-3-35.
[Reletter remaining section]
Sec. 23-3-45. Uses allowed by right in subdivisions and historic townsites.
No BUILDING. STRUCTURE or land shall be used, and no BUILDING or STRUCTURE shall hereafter
be erected, structurally altered. enlarged or maintained in the A (Agricultural) Zone District in
SUBDIVISIONS or HISTORIC TOWNSITES except for one (1) or more of the following USES:
A AGRICULTURAL BUILDINGS on LOTS of thirty-five (35) acres or more.
B. ANIMAL BOARDING and animal TRAINING FACILITIES where the maximum number of
ANIMAL UNITS permitted in Section 23-3-70.D below is not exceeded and traffic to and from
the facility does not exceed sixty (60) daily trips.
EC. CAMPING, FISHING, HUNTING, and noncommercial WATER SKIING.
D. COUNTY grader sheds.
DE. FARMING and GARDENING Tnclud4ng STRUCTURES for storage of agricu tura equipment and
agricultural products and confinement or protection of LIVESTOCK. Converted. partially
cisman: ec, moci1ec, af:erec or re^urbisiec IVANU=AC—URED -ONES sia no: be u:itizeo as
agriculturally exempt BUILDINGS or for the storage of agricultural equipment or agricultural
products or confinement or protection of LIVESTOCK.
[Reletter remaining section]
Sec. 23-3-50. Accessory uses in subdivisions and townsites.
The following BUILDINGS, STRUCTURES and USES shall be allowed in the A (Agricultural) Zone
District on LOTS in SUBDIVISIONS and HISTORIC TOWNSITES so long as they are clearly incidental and
ACCESSORY to an allowed USE:
A. AGRICULTURAL BUILDINGS on LOTS between five (5) and thirty-five (35) acres and in bona
fide agricultural USE, as determined by the Department of Planning Services.
AB, One (1) caregiver of medical marijuana that is grown and sold pursuant to the provision of Article
43.3, Title 12, C.R.S., and for a purpose authorized by Section 14 of Article XVIII of the Colorado
Constitution per LEGAL LOT as per Article VII, Chapter 12, of this Code.
BC. One (1) CARGO CONTAINER in accordance with Section 23-4-1100 per LEGAL LOT.
CD. NONCOMMERCIAL JUNKYARD, as long as it is ENCLOSED within a BUILDING or
STRUCTURE or SCREENED from all ADJACENT properties and PUBLIC RIGHTS -OF -WAY in
conformance with a SCREENING plan approved by the Department of Planning Services.
'E OFFICES.
F. OUTDOOR STORAGE of materials accessory to an allowed USE. as long as the materials are
SCREENED from ADJACENT LOTS and RIGHTS -OF -WAY.
'G. Parking areas and parking STRUCTURES, not including parking of COMMERCIAL VEHICLES.
'sH. STRUCTURES and BUILDINGS, excluding AGRICULTURAL BUILDINGS, ACCESSORY to
USES permitted under Section 23-3-45 or Section 23-3-55.
[Reletter remaining section]
ARTICLE IV - Supplementary District Regulations and Zoning Permits
Division 16 - Cargo containers
Sec. 23-4-1100. Cargo containers used for storage, an office, a dwelling or any habitable use.
A CARGO CONTAINER shall compliance comply with
all applicable provisions of this Code, including, but not limited to, Chapter 29 and Article VXI of this Chapter.
The following conditions shall apply:
A. Electricity is the only util-ity that shall be connected to a CARGO CONTAINER used solely for
storage. CARGO CONTAINERS designed and retrofitted for habitation may be connected to wet
and dry utilities such as water, sewer and electricity upon issuance of applicable required
permits. CARGO CONTAINERS without building permits shall be used solely for storage and
shall not be connected to water or sewer or any other utility except electricity. Electrical permits
are required for connections to electricity service.
B. A CARGO CONTAINER shall not be allowed to fall into a state of disrepair. Such disrepair may
include a CARGO CONTAINER that is partially or totally damaged by fire, earthquake, wind or
other natural causes, or is in a state of general dilapidation, deterioration or decay resulting from
a lack of maintenance, vandalism or infestation with vermin or rodents. Any such CARGO
CONTAINER shall be restored to, and maintained in, the original condition it was in at the time
it was placed on the site as established by the original inspection by the Department of Building
Inspection, or it shall be removed from the site.
C. CARGO CONTAINERS outside of Industrial (l-2 and 1-3) zone districts shall not be stacked on
top of each other unless incorporated into a STRUCTURE with a building permit in conformance
with Chapter 29 of this Code. CARGO CONTAINERS in Industrial (1-2 and 1-3) zone districts
shall not be stacked more than three (3) containers high.
D. A CARGO CONTAINER shall not be used in any manner to display a SIGN.
CHAPTER 29 - Building Regulations
ARTICLE I - General Provisions
Sec. 29-1-20. Definitions.
As used in this Building Code, unless the context otherwise requires, the following definitions shall
apply:
Agricultural building means a structure designed and constructed to house
property in the A (Agricultural) zone district for the sole purpose of housing farm implements. hay, grain,
poultry, livestock or other horticultural products. This structure shall not be a place of human habitation or
a place of employment where agricultural products are processed, treated or packaged, nor shall it be a
place used by the public for any purpose. Agricultural buildings are limited exclusively to unconditioned
Group U Occupancies. as defined by the International Building Code adopted by reference in Section 29-
2-20 of this Code. All other occupancy types are required to be permitted appropriately as either accessory
or commercial buildings. Manufactured buildings and vehicles shall not be utilized as agricultural buildings,
whether modified or not.
buildings or structures on
Cargo container has the same meaning as in Article I of Chapter 23.
[All other definitions remain unchanged]
ARTICLE III - Building Permits
Sec. 29-3-20. Exemptions.
[A — No change]
B. A building permit shall not be required for:
[1 through 12 — No change]
13. Agricultural buildings. A permit and certificate of compliance issued by the Department of
Planning Services for an agricultural building with a floor area exceeding two hundred (200)
square feet is required even though a building permit is not. Such building shall meet all
applicable requirements of this Code, including, but not limited to, building codes, setbacks,
offsets, and flood hazard requirements.
A certificate of compliance for agricu tural exempt bui cings is require° to be completed, signec
and filed with the Department of Planning Services, so as to indicate the owner will construct
t le structure in accordance wit i a adopted bui cing cocc , and to verify setbaccs and establis l
any applicable fl
[14 through 19 — No change]
20. Cargo containers, as long as they are not modified from the original construction and are not used
for any purpose other than storage.
C. If any of the structures outlined in Subsection B. above are located in a FEMA-designated floodplain,
a floodplain development permit shall be obtained prior to the start of construction.
CHAPTER 23 - Zoning
ARTICLE I - General Provisions
Sec. 23-1-90. Definitions.
The following specific words and phrases, when appearing in this Chapter in uppercase letters, shall
have the meanings stated in this Section:
AGRICULTURAL BUILDING: As defined in Article I of Chapter 29.
[All other definitions remain unchanged]
ARTICLE III - Zone Districts
Division 1 - A (Agricultural) Zone District
Sec. 23-3-20. Uses allowed by right outside of subdivisions and historic townsites.
No BUILDING, STRUCTURE or land shall be used and no BUILDING or STRUCTURE shall hereafter
be erected, structurally altered, enlarged or maintained in the A (Agricultural) Zone District on LOTS outside
of SUBDIVISIONS and HISTORIC TOWNSITES except for one (1) or more of the following USES.
A. AGRICULTURAL BUILDINGS on LOTS of thirty-five (35) acres or more.
B. ANIMAL BOARDING and animal TRAINING FACILITIES where the maximum number of
ANIMAL UNITS or HOUSEHOLD PETS permitted in Section 23-3-70.D below is not exceeded
and traffic to and from the facility does not exceed sixty (60) daily trips.
C. Asphalt or concrete batch plant and borrow pits used TEMPORARILY and exclusively for an on -
site construction project or the completion of a PUBLIC STREET/ROAD improvements project
where the subject property is at, on, or near the STREET/ROAD on which improvements are
being made. The six-month limitation for this TEMPORARY USE may be extended in six-month
increments at the discretion of the Director of Planning Services up to two (2) times, and
thereafter by the Board of County Commissioners.
-D. CAMPING, FISHING, HUNTING, and noncommercial WATER SKIING.
DE COUNTY grader sheds.
EF. FARMING and GARDENING, -storage of agricultural equipment -and
agricultural products and confinement or protection of LIVESTOCK. Converted, partially
dismantled, modified, altered or refurbished MANUFACTURED HOMES shall not be utilized as
agriculturally exempt BUILDINGS or for the storage of agr cal
products or confinement or protection of LIVESTOCK.
[Reletter remaining section]
Sec. 23-3-30. Accessory uses outside of subdivisions and historic townsites.
The following BUILDINGS, STRUCTURES and USES shall be allowed in the A (Agricultural) Zone
District on LOTS outside of SUBDIVISIONS and HISTORIC TOWNSITES so long as they are clearly
incidental and ACCESSORY to an allowed USE.
A. AGRICULTURAL BUILDINGS on LOTS between five (5) and thirty-five (35) acres and in bona fide
agricultural USE, as determined by the Department of Planning Services.
B. One (1) caregiver of medical marijuana grown and sold pursuant to the provision of Article 43.3,
Title 12, C.R.S., and for a purpose authorized by Section 14 of Article XVIII of the Colorado
Constitution per LEGAL LOT as per Article VII, Chapter 12, of this Code.
BC. Up to two (2) CARGO CONTAINERS in accordance with Section 23-4-1100 per LEGAL LOT of
less than eighty (80) acres. Up to five (5) CARGO CONTAINERS in accordance with Section
23-4-1100 may be allowed per LEGAL LOT of eighty (80) or more acres.
CD. NONCOMMERCIAL JUNKYARD, as long as it is ENCLOSED within a BUILDING or
STRUCTURE or SCREENED from all ADJACENT properties and PUBLIC RIGHTS -OF -WAY in
conformance with a SCREENING plan approved by the Department of Planning Services.
DE. OFFICES.
EF. OUTDOOR STORAGE of materials accessory to an allowed USE, as long as the materials are
SCREENED from ADJACENT LOTS and RIGHTS -OF -WAY.
PG. Parking areas and parking STRUCTURES. including parking of one (1) COMMERCIAL
VEHICLE per LEGAL LOT.
GH. Up to two (2) SEMI -TRAILERS used as ACCESSORY storage per LEGAL LOT.
HI. STRUCTURES and BUILDINGS, excluding AGRICULTURAL BUILDINGS. ACCESSORY to
USES permitted under Section 23-3-20 or Section 23-3-35.
[Reletter remaining section]
Sec. 23-3-45. Uses allowed by right in subdivisions and historic townsites.
No BUILDING, STRUCTURE or land shall be used, and no BUILDING or STRUCTURE shall hereafter
be erected, structurally altered, enlarged or maintained in the A (Agricultural) Zone District in
SUBDIVISIONS or HISTORIC TOWNSITES except for one (1) or more of the following USES:
AGRICULTURAL BUILDINGS on LOTS of thirty-five (35) acres or more.
B. ANIMAL BOARDING and animal TRAINING FACILITIES where the maximum number of
ANIMAL UNITS permitted in Section 23-3-70.D below is not exceeded and traffic to and from
the facility does not exceed sixty (60) daily trips.
PC. CAMPING, FISHING, HUNTING, and noncommercial WATER SKIING.
D. COUNTY grader sheds.
,DE. FARMING and GARDENING including STRUCTURES for storage of agricultural equipment and
agricultural products and confinement or protection of LIVESTOCK. Converted, partially
dismantled, mociiec, a :exec or re~urbis I I i III H I II I:ilized as
products or confinement or protection of LIVESTOCK.
[Reletter remaining section]
Sec. 23-3-50. Accessory uses in subdivisions and townsites.
The following BUILDINGS, STRUCTURES and USES shall be allowed in the A (Agricultural) Zone
District on LOTS in SUBDIVISIONS and HISTORIC TOWNSITES so long as they are clearly incidental and
ACCESSORY to an allowed USE:
A. AGRICULTURAL BUILDINGS on LOTS between five (5) and thirty-five (35) acres and in bona
fide agricultural USE, as determined by the Department of Planning Services.
B. One (1) caregiver of medical marijuana that is grown and sold pursuant to the provision of Article
43.3, Title 12, C.R.S., and fora purpose authorized by Section 14 of Article XVIII of the Colorado
Constitution per LEGAL LOT as per Article VII, Chapter 12, of this Code.
C. One (1) CARGO CONTAINER in accordance with Section 23-4-1100 per LEGAL LOT.
D. NONCOMMERCIAL JUNKYARD, as long as it is ENCLOSED within a BUILDING or
STRUCTURE or SCREENED from all ADJACENT properties and PUBLIC RIGHTS -OF -WAY in
conformance with a SCREENING plan approved by the Department of Planning Services.
E. OFFICES.
F. OUTDOOR STORAGE of materials accessory to an allowed USE. as long as the materials are
SCREENED from ADJACENT LOTS and RIGHTS -OF -WAY.
='G. Parking areas and parking STRUCTURES, not including parking of COMMERCIAL VEHICLES.
_H. STRUCTURES and BUILDINGS, excluding AGRICULTURAL BUILDINGS, ACCESSORY to
USES permitted under Section 23-3-45 or Section 23-3-55.
[Reletter remaining section]
ARTICLE IV - Supplementary District Regulations and Zoning Permits
Division 16 - Cargo containers
Sec. 23-4-1100. Cargo containers used for storage, an office, a dwelling or any habitable use.
A CARGO CONTAINER shall require the issuance of a buildi nce comply with
all applicable provisions of this Code, including, but not limited to, Chapter 29 and Article VXI of this Chapter.
The following conditions shall apply:
A.
CONTAINER used solely for
storage. CARGO CONTAINERS designed and retrofitted for habitation may be connected to wet
and dry utilities such as water, sewer and electricity upon issuance of applicable required
permits. CARGO CONTAINERS without building permits shall be used solely for storage and
shall not be connected to water or sewer or any other utility except electricity. Electrical permits
are required for connections to electricity service.
B. A CARGO CONTAINER shall not be allowed to fall into a state of disrepair. Such disrepair may
include a CARGO CONTAINER that is partially or totally damaged by fire, earthquake, wind or
other natural causes. or is in a state of general dilapidation, deterioration or decay resulting from
a lack of maintenance, vandalism or infestation with vermin or rodents. Any such CARGO
CONTAINER shall be restored to, and maintained in, the original condition it was in at the time
it was placed on the site a fitment of Building
Inspection, or it shall be removed from the site.
CARGO CONTAINERS outside of Industrial (1-2 and 1-3) zone districts shall not be stacked on
top of each other unless incorporated into a STRUCTURE
with Chapter 29 of this Code. CARGO CONTAINERS in Industrial (1-2 and 1-3) zone districts
shall not be stacked more than three (3) containers high.
with a building permit in conformance
D. A CARGO CONTAINER shall not be used in any manner to display a SIGN.
CHAPTER 29 - Building Regulations
ARTICLE I - General Provisions
Sec. 29-1-20. Definitions.
As used in this Building Code, unless the context otherwise requires, the following definitions shall
apply:
Agricultural building means a structure designed and constructed to -house
property in the A (Agricultural) zone district for the sole purpose of housing farm implements, hay, grain,
poultry, livestock or other horticultural products. This structure shall not be a place of human habitation or
a place of employment where agricultural products are processed, treated or packaged, nor shall it be a
place used by the public for any purpose. Agricultural buildings are limited exclusively to unconditioned
Group U Occupancies, as defined by the International Building Code adopted by reference in Section 29-
2-20 of this Code. All other occupancy types are required to be permitted appropriately as either accessory
or commercial buildings. Manufactured buildings and vehicles shall not be utilized as agricultural buildings.
whether modified or not.
buildings or structures on
Cargo container has the same meaning as in Article I of Chapter 23.
[All other definitions remain unchanged]
ARTICLE III - Building Permits
Sec. 29-3-20. Exemptions.
[A — No change)
B. A building permit shall not be required for:
[1 through 12 — No change]
13. Agricultural buildings. A permit and certificate of compliance issued by the Department of
Planning Services for an agricultural building with a floor area exceeding two hundred (200)
square feet is required even though a building permit is not. Such building shall meet all
applicable requirements of this Code, including, but not limited to, building codes, setbacks,
offsets, and flood hazard requirements.
and filed with the Depart
the structure in accordance with all adopted building codes, and to verify setbacks and establish
any applicable flood hazard requirements.
[14 through 19 - No change]
20. Cargo containers, as long as they are not modified from the original construction and are not used
for any purpose other than storage.
C If any of the structures outlined in Subsection B. above are located in a FEMA-designated floodplain,
a floodplain development permit shall be obtained prior to the start of construction.
Cheryl Hoffman
From:
Sent:
To:
Subject:
Esther Gesick
Thursday, May 4, 2023 10:11 AM
Cheryl Hoffman
FW: Length of 5/2 PC Hearings
Esther E. Gesick
Clerk to the Board
1150 O Street P.O. Box 758/ Greeley, CO 80632
tel: (970) 400-4226
Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the person or entity to which it is addressed
and may contain information that is privileged, confidential or otherwise protected from disclosure. If you have received this communication in error, please
immediately notify sender by return e-mail and destroy the communication. Any disclosure, copying, distribution or the taking of any action concerning the contents
of this communication or any attachments by anyone other than the named recipient is strictly prohibited.
From: Kristine Ranslem <kranslem@weld.gov>
Sent: Thursday, May 4, 2023 7:38 AM
To: Chloe White <cwhite@weld.gov>; Esther Gesick <egesick@weld.gov>; Jan Warwick <jwarwick@weld.gov>; Jessica
Reid <jreid@weld.gov>
Cc: Michelle Wall <mwall@weld.gov>
Subject: Length of 5/2 PC Hearings
Please see approximate length of each case from the May 2nd PC Hearing. Thanks!
Ordinance 2023-06 - 40 min. 1 public comment and lots of board discussion. Ended with a denial only because the PC
wanted to refer it back to Planning Staff; however they do not have the authority to do that. Heads up - I understand
that Staff will be asking for this when presented to BOCC on 5/22.
USR23-0004 - 1 hour. 5 SPOs
USR23-0011 - 10 min, no SPO
U SR23-0006 —1/2 hour, no SPO
U SR23-0008 — 25 min, no SPO
U SR23-0007 — 15 min, no SPO
U SR22-0018 — 2 Y2 hrs, 8 SPOs. Between Staff and Applicant's presentation, it lasted over an hour.
KrtUe %2Gll/sZCfl2C.
Planning Technician
Weld County Planning Department
1402 N. 17th Avenue
PO Box 758
Greeley, CO 80632
(970) 400-3519
kranslem@weld._gov
1
Confidentiality Notice This electronic transmission and any attached documents or other writings are intended only for
the person or entity to which it is addressed and may contain information that is privileged, confidential or otherwise
protected from disclosure If you have received this communication in error, please immediately notify sender by return
e-mail and destroy the communication Any disclosure, copying, distribution or the taking of any action concerning the
contents of this communication or any attachments by anyone other than the named recipient is strictly prohibited
2
Cheryl Hoffman
From:
Sent:
To:
Cc:
Subject:
Jim Flesher
Thursday, May 4, 2023 3:32 PM
Cheryl Hoffman; Kristine Ranslem
Michelle Wall; Esther Gesick; Tom Parko Jr; Maxwell Nader
RE: Ord2023-06 - 1st Reading 5/22/23
Cheryl and Kris:
It was my draft of the ordinance that was incorrect. We don't need to change 23-3-50.H where it
currently says "ACCESSORY to USES permitted under Section 23-3-45 or Section 23-3-55". That is
correct.
Sec. 23-3-50. Accessory uses in subdivisions and townsites.
The following BUILDINGS, STRUCTURES and USES shall be allowed in the A (Agricultural) Zone District on LOTS
in SUBDIVISIONS and HISTORIC TOWNSITES so long as they are clearly incidental and ACCESSORY to an allowed USE:
[INSERT NEW A AND RELETTER.]
A. AGRICULTURAL BUILDINGS on LOTS between five (5) and thirty-five (35) acres and in bona fide agricultural USE,
as determined by the Department of Planning Services.
H. STRUCTURES and BUILDINGS, excluding AGRICULTURAL BUILDINGS, ACCESSORY to USES permitted under
Section 23-3-20 or Section 23-3-35.
Thanks,
Jim Flesher, AICP
Long -Range Planner
Weld County Planning Services
1402 N. 17th Ave.
Greeley, CO 80631
Phone: (970) 400-3552
www.weldgov.com
1
From: Cheryl Hoffman <choffman@weld.gov>
Sent: Friday, April 21, 2023 7:56 AM
To: Jim Flesher <jflesher@weld.gov>; Kristine Ranslem <kranslem@weld.gov>
Cc: Michelle Wall <mwall@weld.gov>; Esther Gesick <egesick@weld.gov>; Tom Parko Jr <tparko@weld.gov>; Maxwell
Nader <mnader@weld.gov>
Subject: RE: Ord2023-06 - 1st Reading 5/22/23
Also, the Sections question?
Cheryl L. Hoffman
Deputy Clerk to the Board
1 150 O Street/P.O. Box 758
Greeley, CO 80632
Tel: (970) 400.4227
choffman@weld.gov
1
From: Jim Flesher <jflesher@weld.gov>
Sent: Friday, April 21, 2023 7:50 AM
To: Cheryl Hoffman <choffman@weld.gov>; Kristine Ranslem <kranslem@weld.gov>
Cc: Michelle Wall <mwall@weld.gov>; Esther Gesick <egesick@weld.gov>; Tom Parko Jr <tparko@weld.gov>; Maxwell
Nader <mnader@weld.gov>
Subject: RE: Ord2023-06 - 1st Reading 5/22/23
Good catch, Cheryl! That was my error. Kris, please correct the reso for PC.
Thanks,
Jim
From: Cheryl Hoffman <choffman@weld.gov>
Sent: Friday, April 21, 2023 7:45 AM
To: Jim Flesher <1flesher@weld.gov>; Tom Parko Jr <tparko@weld.gov>; Maxwell Nader <mnader@weld.gov>; Kristine
Ranslem <kranslem@weld.gov>; Michelle Wall <mwall@weld.gov>; Esther Gesick <egesick@weld.gov>
Cc: Cheryl Hoffman <choffman@weld.gov>
Subject: Ord2023-06 - 1st Reading 5/22/23
Good morning, all,
Attached please find a draft of this ordinance. I realize PC isn't until 5/2/23, but wanted to get started on it.
I found two (2) portions I have questions on:
Sec. 23-3-50. Accessory uses in subdivisions and townsites.
H. Are Sections correct? In the code they are "Section 23-3-45 or Section 23-3-55". Should these be changed to Section
23-3-20 or Section 23-3-35?
Sec. 29-3-20. Exemptions.
Where we add 20. I think the word "than" is missing from your draft...so should read: Cargo containers, as long as they
are not modified from the original construction and are not used for any purpose other than storage?
Please let me know.
Thanks!
Cheryl L. Hoffman
Deputy Clerk to the Board
1150 O Street/P.O. Box 758
Greeley, CO 80632
Tel: (970) 400.4227
choffman@weld.gov
2
EXHIBIT INVENTORY CONTROL SHEET
CODE ORDINANCE 2023-06 — Chapters 23 and 29
Exhibit Submitted By Description
A Tom Parko AG Building for Residential Use — 07/10/23
New Agricultural Building (COC) Permit Executive
B Tom Parko Summary — 07/10/23
C
D
E
F
G
H
J
K
L
M
N
O
P
Q
R
s
T
U
V
2023-1428
PROPERTY OWNER
MAILING ADDRESS
SITE ADDRESS
AG BUILDING FOR RESIDENTIAL USE
DEPARTMENT OF PLANNING SERVICES
BUILDING INSPECTION DIVISION
1402 N 17th AVENUE, PO BOX 758, GREELEY, CO 80632
(970) 400-6100 I www.weld.gov
PHONE
EXHIBIT
I A
ADDRESS
CITY
STATE
ZIP
LEGAL DESCRIPTION
TOTAL ACREAGE
SEC
SUBDIVISION
,
T N , R W PARCEL#
LOT
BLOCK
APPLICANT
NAME
MAILING
ADDRESS,
CITY,
STATE,
ZIP
PHONE
AUTHORIZED
AGENT
MAILING
ADDRESS,
CITY,
STATE,
ZIP
PHONE
BUILDING
•
❑
•
❑GREENHOUSE
❑
BARN
STORAGE
LEAN-TO/LOAFING
OTHER
USE
SHED
SHED
WILL
BATHROOM
BUILDING
INCLUDE
THE
FOLLOWING
DISTANCES
N
S
FROM
LOT
E
LINES
W
OFFICE
N
DISTANCE
TO
S
CLOSEST
E
STRUCTURE
W
BREAKROOM
OTHER
*If
Professional
required
including
for
any
these,
is
required.
utilities.
a
letter
A
from
separate
a
Design
permit is
BUILDING SIZE/DIMENSIONS:
HEIGHT OF BUILDING TO PEAK:
DESCRIPTION OF SPECIFIC AGRICULTURAL USE (EXAMPLE FOR HAY & FARM EQUIPMENT STORAGE, ANIMALS):
DOES THE BUILDING INCLUDE
ELECTRIC - 100 AMP MAX PLUMBING HEAT
A SEPARATE APPLICATION MUST BE SUBMITTED FOR UTILITIES.
AGRICULTURAL PERMIT PROCEDURE:
1. After review and issuance of this permit, a permit card will be mailed to you.
2. A SETBACK inspection is required within 90 days of issuance of this permit. This inspection must be completed and approved
after holes have been dug and poles placed before any further construction commences. Instructions on how to request this setback
inspection will be included with your permit card.
3. Upon approval of the SETBACK inspection, vertical construction may commence. You will be mailed an Agricultural Building
Certificate which must be permanently posted in this structure.
I (We) hereby depose and state under penalties of perjury that all statements, proposals, and/or plans submitted with or contained
within the application are true and correct to the best of my (our) knowledge. Signatures of all fee owners of property must sign this
application. If an Authorized Agent signs, a letter of authorization from all fee owners must be included with the application. If a
corporation is the fee owner, notarized evidence must be included showing the signatory has the legal authority to sign for the
corporation.
SIGNATURE OF APPLICANT DATE
APPLICANT EMAIL ADDRESS
Each of the following conditions must be met before a building is considered agricultural I, the undersigned owner of
the property, understand and agree to the following conditions of this permit.
PLEASE READ AND INITIAL EACH ITEM:
Agricultural building means buildings or structures on property in the A (Agricultural) zone district for the sole purpose of
providing shelter for agricultural implements, farm products, livestock, or poultry
2 AN AGRICULTURAL BUILDING SHALL NOT BE USED FOR ANY PURPOSE OTHER THAN THOSE STATED ABOVE
3 Property must have a principal home located on the parcel
4 Agricultural buildings shall not be deemed to grant authorization for any work to be done in any manner in violation of
any provisions of the Weld County codes or any laws of the State or other resolutions or ordinances of the County
5 The owner will construct the structure in accordance with all adopted building codes If placing a bathroom, office in the
building, a letter from a Design Professional is required Permits are required for all electrical, heating or plumbing
and fees are required Electrical shall be wired in accordance with 2020 National Electrical Code
6 There shall be no parking of private or commercial vehicles within the structure Such use reclassifies the structure and
requires a building permit
7 Requirements of the Weld County Code, Chapter 23, Article V, Division 2 (Zoning Ordinance for Geologic Hazard), if
applicable, have been met
8 Requirements of the Weld County Code, Chapter 23, Article XI (Zoning Ordinance, Flood Hazard Overlay District), if
applicable, have been met
9 Structure shall meet minimum setback requirements (from roads) of 20 feet from the established road right-of-way (Weld
County Code, Chapter 23-3-70-B), and minimum offset requirements (from property lines) of one foot for each 3 feet of
building height (Weld County Code, Chapter 23 -3 -70 -C/29 -3-20-A)
IF THERE IS A FUTURE CHANGE OF USE
10 A change of use from those stated above shall require a building permit with fees based on occupancy and value of work
to be completed according to the Weld County Code and will require the building meet all current building code
requirements
11 CONVERSION TO ANY OTHER USE MAY REQUIRE ADDITIONAL STRUCTURAL LOADING REQUIREMENTS IF
DESIGN CRITERIA CANNOT BE MET, THE BUILDING SHALL REMAIN IN AGRICULTURAL USE
12 Should the use of the building not be listed as a use -by -right or accessory use in the Agricultural Zone District, a Use by
Special Review zoning permit may be required
13 A change in use of this Agricultural building without the consent of the Department Planning Services and Building
Inspection Division will be considered a violation of the Weld County Code and shall be prosecuted accordingly
SIGNATURE OF PROPERTY OWNER DATE
OFFICE USE ONLY
DATE RECEIVED FRONT STAFF PLANNER AGR#
STAFF COMMENTS
PERMITS FOR UTILITIES YES NO / AG ZONING _YES _NO
FLOODPLAIN YES NO
AG BUILDING FOR RESIDENTIAL CHECKLIST
REQUIRED DOCUMENTS FOR PERMIT APPLICATION
1. COMPLETED APPLICATION FORM
2. COMPLETED AUTHORIZATION FORM FROM OWNER FOR AN AUTHORIZED AGENT
3. COPY OF A RECORDED DEED IDENTIFYING OWNERS OF SUBJECT PROPERTY AND LEGAL
DESCRIPTION (NOT DEED OF TRUST)
4. ONE PLOT PLAN - MUST BE PRINTED FROM THE WELD COUNTY PROPERTY PORTAL
(https://www.co.weld.co.us/maps/propertyportal/) AND NEEDS TO INCLUDE THE FOLLOWING:
A. LOCATION OF THE PROPOSED STRUCTURE - SHOW DISTANCES FROM ALL PROPERTY LINES
B. LOCATION OF ANY EXISTING IMPROVEMENTS INCLUDING DWELLINGS, MOBILE HOMES,
OUTBUILDINGS, PENS AND IRRIGATION DITCHES - SHOW DISTANCES BETWEEN STRUCTURES
C. LOCATION OF ANY OIL & GAS WELL FACILITIES - SHOW DISTANCES FROM ANY OTHER STRUCTURES
D. LOCATION OF PROPERTY ACCESS (DRIVEWAY) AND NAMES OF EXISTING COUNTY ROADS OR
HIGHWAYS ABUTTING THE PROPERTY
E. NORTH ARROW
5. WELD COUNTY ROAD ACCESS PERMIT APPLICATION WITH PICTURES
CONTACT: WELD COUNTY DEVELOPMENT REVIEW, 1402 N 17 AV, GREELEY, 970-400-6100
THE APPLICANT, HIS AGENTS AND EMPLOYEES SHALL COMPLY WITH ALL THE RULES; RESTRICTIONS AND REQUIREMENTS OF WELD COUNTY ZONING
REGULATIONS AND WELD COUNTY BUILDING CODES GOVERNING LOCATION, CONSTRUCTION AND ERECTION OF THE ABOVE PROPOSED WORK FOR
WHICH THE PERMIT IS GRANTED. THE BUILDING OFFICIAL OR HIS AGENTS ARE AUTHORIZED TO ORDER THE IMMEDIATE CESSATION OF CONSTRUCTION
AT ANY TIME A VIOLATION OF THE CODES OR REGULATIONS APPEARS TO HAVE OCCURED. VIOLATION OF ANY OF THE APPLICABLE CODES OR
REGULATIONS MAY RESULT IN THE REVOCATION OF THIS PERMIT.
0
BUILDINGS MUST CONFORM WITH PLANS. AS SUBMITTED TO THE DEPARTMENT OF BUILDING INSPECTION. ANY CHANGE OF PLANS OR LAYOUT MUST
T BE APPROVED PRIOR TO THE CHANGES BEING MADE. ANY CHANGE IN THE USE OR OCCUPANCY OF A BUILDING OR STRUCTURE MUST BE APPROVED
PRIOR TO PROCEEDING WITH CONSTRUCTION
THE APPLICANT IS REQUIRED TO CALL FOR INSPECTIONS AT VARIOUS STAGES OF THE CONSTRUCTION, AND IN ACCORDANCE WITH THE AFORESAID
RULE, THE APPLICANT SHALL GIVE THE BUILDING INSPECTOR NOT LESS THAN ONE DAY'S NOTICE TO PERFORM SUCH ACTIVITIES.
THE APPLICANT MUST COMPLY WITH CURRENT BUILDING INSPECTION DIVISION EXPIRATION POLICY WELD COUNTY IS NOT LIABLE FOR WORKMANSHIP.
E PERMITS ARE NOT TRANSFERRABLE.
ANY DOCUMENTS SUBMITTED TO WELD COUNTY MAY BE COPIED AND DISCLOSED PURSUANT TO THE COLORADO OPEN RECORDS ACT (CORA).
REGARDLESS OF WHETHER THEY CONTAIN COPYRIGHTED MATERIALS.
REV 06/23
AUTHORIZATION FORM
I, (We),
(Owner— please print)
, give permission to
DEPARTMENTS OF PLANNING
BUILDING, DEVELOPMENT REVIEW
AND ENVIRONMENTAL HEALTH
1402 N 17TH AVENUE
PO BOX 758
GREELEY, CO 80632
(Authorized Agent/Applicant—please print)
to apply for any Planning, Building, Access, Grading or OWTS permits on our behalf, for the property located at
(address or parcel number) below
Legal Description of Section , Township N, Range W
Subdivision Name Lot Block
Property Owners Information
Address
Phone E-mail
Authorized Agent/Applicant Contact Information
Address
Phone E -Mail
Correspondence to be sent to Owner Authorized Agent/Applicant by Mail Email
Additional Info
I (We) hereby certify, under penalty of perjury and after carefully reading the entire contents of this
document, that the information stated above is true and correct to the best of my (our) knowledge
Date Date
Owner Signature Owner Signature
Subscribed and sworn to before me this day of , 20 by
My commission expires
Notary Public
EXHIBIT 1
New Agricultural Building (COC) Permit
Executive Summary
I
Objective: One of the missions at DPS is to ensure that basic life / safety
issues are met. Agricultural Buildings have been misused over the years and
converted to different uses, i.e. barn-dominium, event center, single-family
residence, commercial business, etc. We believe that the proposed changes
to Agricultural Buildings address the basic life / safety issues, while at the
same time preserving a viable option for our agricultural community.
Our pragmatic approach:
Agricultural Buildings are, and shall continue to be, an option for
our agricultural community. They are allowed on Agricultural
zoned land.
• Eliminated the acreage requirements. There is no longer a
tiered structure, i.e. parcels 5 acres or less; parcels between
5 acres and 35 acres; and parcels greater than 35 acres.
• Agricultural Buildings will be allowed in townsites and
subdivisions.
• There is no permit fee.
• There are no impact fees.
Our proactive approach:
• Added a provision that electrical service to the Agricultural
Building cannot exceed 1OOamps. However, the Chief
Building Official (or DPS Director) can override this
requirement on a case -by -case basis.
o The max amp requirement ensures that property
owners who want to convert or change the use to
something other than Ag need to apply fora new
electrical permit.
• Agricultural Buildings are now allowed to incorporate a
bathroom, breakroom, office for personal use, not open to the
public.
o If the uses above are included as part of the Agricultural
Building the County will require that a Design
Professional provide a letter that those uses comply with
adopted building codes The letter will be included in the
file
® If the Agricultural Building does not have a
bathroom, office or breakroom, a letter from a
Design Professional is not required
• Review by a Design Professional can save
the property owner (or future property
owners) money by avoiding excessive costs
to convert the Ag Building to another use
o The County will still require separate utility permits if the
Agricultural Building uses plumbing, heating or electrical
services A utility permit means plumbing will have to
meet plumbing codes, electrical will have to meet
electrical codes, etc , but the building doesn't have to
meet building codes
o A change of use from an Ag Building to another use like
commercial or residential could trigger impact fees
Hello