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Home My WebLink About20222769.tiffWELD COUNTY CODE ORDINANCE 2022-05 IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING AND CHAPTER 29 BUILDING REGULATIONS, OF THE WELD COUNTY CODE 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, on December 28, 2000, adopted Weld County Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld, including the codification of all previously adopted ordinances of a general and permanent nature enacted on or before said date of adoption, and WHEREAS, the Weld County Code is in need of revision and clarification with regard to 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of the County of Weld, State of Colorado, that certain existing Chapters of the Weld County Code be, and hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as follows. CHAPTER 23 ZONING ARTICLE I - General Provisions Amend 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: TELECOMMUNICATION ANTENNA TOWER, CONCEALED: An antenna with a support STRUCTURE that screens or camouflages the presence of the antenna and tower from public view in a manner appropriate to the site's context and surrounding environment. Examples of concealed antenna towers include grain silos, clock towers, and similar STRUCTURES. Delete TELECOMMUNICATION ANTENNA SETBACK. TELECOMMUNICATION ANTENNA TOWER: Any STRUCTURE that is designed and constructed primarily for the purpose of supporting one (1) or more antennas, including camouflaged, lattice, guy or monopole TELECOMMUNICATION ANTENNA TOWERS. This PAGE 1 4859193 Pages: 1 of 14 cc: CT6(Es/ca) cIA(A O, 2022-2769 10/04/2022 01:00 PM R Fee:$0.00 FI(ow/so), Acr(cP/co), ORD2022-05 Carly Koppea, Clerk and Reoorder, Weld County CO Ap(')I P(=pmN/xe) includes radio and television transmission, microwave, and common -carrier, personal communications service (PCS), cellular telephone, and/or alternative TELECOMMUNICATION ANTENNA TOWERS, and the like. This definition does not include any STRUCTURE erected solely for a residential, noncommercial individual use, such as television antennas, satellite dishes or NONCOMMERCIAL TOWERS. TELECOMMUNICATION FACILITIES: Include TELECOMMUNICATION ANTENNAS; TELECOMMUNICATION ANTENNAS, ATTACHED; TELECOMMUNICATION ANTENNA TOWERS, CONCEALED; and TELECOMMUNICATION ANTENNA TOWERS. ARTICLE III - Zone Districts Division 1 — A (Agricultural) Zone District Amend 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. thru G. — No change. H. STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3-20 or Section 23-3-35. Remainder of Section — No change. Amend 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. thru F. — No change. G. STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3-45 or Section 23-3-55. Remainder of Section — No change. Division 3 - Commercial Zone Districts Amend Sec. 23-3-210. C-1 (Neighborhood Commercial) Zone District. A. thru C. — No change. D. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in the C-1 Zone District so long as they are clearly incidental and ACCESSORY to an allowed PAGE 2 4859193 Pages: 2 of 14 10flielliegi 01:00 PM R Fee:$0.00 CaC1erk and Recorder, Weld County , co �IJ.'LN�hYV �I III 2022-2769 ORD2022-05 USE and included on an approved and recorded Site Plan. Any USE conducted outside of an ENCLOSED BUILDING shall be SCREENED from adjacent PUBLIC RIGHTS -OF -WAY and ADJACENT LOTS in any Zone District other 1-3. 1. thru 3. — No change. 4. STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3-210.B. or Section 23-3-210.E., not including CARGO CONTAINERS. Remainder of Section — No change. Amend Sec. 23-3-220. C-2 (General Commercial) Zone District. A. thru C. — No change. D. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in the C-2 Zone District so long as they are clearly incidental and ACCESSORY to an allowed USE and included on an approved and recorded Site Plan. Any USE conducted outside of an ENCLOSED BUILDING shall be SCREENED from adjacent PUBLIC RIGHTS -OF -WAY and ADJACENT LOTS in any Zone District other 1-3. 1. thru 3. — No change. 4. STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3-220.B. or Section 23-3-220.E., not including CARGO CONTAINERS. Remainder of Section — No change. Amend Sec. 23-3-230. C-3 (Business Commercial) Zone District. A. thru C. — No change. D. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in the C-3 Zone District so long as they are clearly incidental and ACCESSORY to an allowed USE and included on an approved and recorded Site Plan. Any USE conducted outside of an ENCLOSED BUILDING shall be SCREENED from adjacent PUBLIC RIGHTS -OF -WAY and ADJACENT LOTS in any Zone District other 1-3. 1. thru 2. — No change. 3. STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3-230.B. or 23-3-230.E., not including CARGO CONTAINERS. Remainder of Section — No change. Amend Sec. 23-3-240. C-4 (Highway Commercial) Zone District. A. thru C. — No change. PAGE 3 4859193 Pages: 3 of 14 10/04/2022 01:00 PM R Fee:$0.00 Carly Koppea, Clerk and Recorder, Weld County , Co VIII lialiMCIOWII �N�� hl+�� ainkl. r°c1I 111 2022-2769 ORD2022-05 D. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in the C-4 Zone District so long as they are clearly incidental and ACCESSORY to an allowed USE and included on an approved and recorded Site Plan. Any USE conducted outside of an ENCLOSED BUILDING shall be SCREENED from adjacent PUBLIC RIGHTS -OF -WAY and ADJACENT LOTS in any Zone District other 1-3. 1. thru 4. — No change. 5. STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3-240.B. or Section 23-3-240.E., not including CARGO CONTAINERS. Remainder of Section — No change. Division 4 — Industrial Zone Districts Amend Sec. 23-3-310. I-1 (Light Industrial) Zone District. A. thru C. — No change. D. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in the I-1 Zone District so long as they are clearly incidental and ACCESSORY to an allowed USE and included on an approved and recorded Site Plan. Any USE conducted outside of an ENCLOSED BUILDING shall be SCREENED from adjacent PUBLIC RIGHTS -OF -WAY and ADJACENT LOTS in any Zone District other 1-3. 1. thru 4. — No change. 5. STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3-310.B. or Section 23-3-310.E. Remainder of Section — No change. Amend Sec. 23-3-320. 1-2 (Medium Industrial) Zone District. A. thru C. — No change. D. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in the 1-2 Zone District so long as they are clearly incidental and ACCESSORY to an allowed USE and included on an approved and recorded Site Plan. Any USE conducted outside of an ENCLOSED BUILDING shall be SCREENED from adjacent PUBLIC RIGHTS -OF -WAY and ADJACENT LOTS in any Zone District other 1-3. 1. thru 5. — No change. 6. STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3-320.B. or Section 23-3-320.E. PAGE 4 4859193 Pages: 4 of 14 10/04/2022 01:00 PM R Fee:$0.00 Carly Koppel, Clerk and Reoorder, Weld County CO 11111 2022-2769 ORD2022-05 Remainder of Section — No change. Amend Sec. 23-3-330.1-3 (Heavy Industrial) Zone District. A. thru C. — No change. D. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in the 1-3 Zone District so long as they are clearly incidental and ACCESSORY to an allowed USE and included on an approved and recorded Site Plan. 1. thru 4. — No change. 5. STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3-330.B. or Section 23-3-330.E. Remainder of Section — No change. ARTICLE IV — Supplementary District Regulations and Zoning Permits Division 3 — Manufactured Homes, Manufactured Structures, and Occupied Recreational Vehicles Amend Sec. 23-4-160. Temporary storage of unoccupied manufactured home. A zoning permit for the TEMPORARY storage of one (1) unoccupied MANUFACTURED HOME, not including the storage of goods inside the UNIT, on a LOT in the A (Agricultural) Zone District may be issued by the Department of Planning Services subject to the following provisions: A. thru E. — No change. F. A zoning permit for TEMPORARY storage of a MANUFACTURED HOME shall be for a period of six (6) months. Remainder of Section — No change. Division 10 - Antennas and Towers Amend Sec. 23-4-800. Purpose. The purpose of this Division is to accommodate the increasing wireless communication needs of County residents, businesses and visitors while protecting the public health, safety, general welfare and visual environment of the County by: A. thru D. — No change. E. Using performance standards and incentives to promote location of TELECOMMUNICATION ANTENNAS on concealed STRUCTURES, existing BUILDINGS, and existing TELECOMMUNICATION ANTENNA TOWERS. PAGE 5 4859193 Pages: 5 of 14 10/04/2022 01:00 PM R Fee:$0.00 Carly Koppel, Clerk and Reoorder, Weld County , CO IrdlUfiI IKIJOITAI LWI NIIMIAI hlii II II 2022-2769 ORD2022-05 Delete Sec. 23-4-805. Definitions. Amend Sec. 23-4-810. Preferred order for locating Telecommunication Facilities. Where TELECOMMUNICATION FACILITIES are proposed, ATTACHED TELECOMMUNICATION ANTENNAS or CO -LOCATION on existing TELECOMMUNICATION ANTENNA TOWERS is required, if feasible, to serve the applicant's desired geographic area. If an applicant provides substantial evidence that ATTACHED TELECOMMUNICATION ANTENNAS or CO -LOCATION on existing TELECOMMUNICATION ANTENNA TOWERS is not feasible to serve the applicant's desired geographic area, TELECOMMUNICATION ANTENNA TOWERS may be permitted in accordance with this Division 10. In order to mitigate visual impacts and ensure compatibility with the surrounding area, a CONCEALED TELECOMMUNICATION ANTENNA TOWER may be required unless the applicant can demonstrate that concealment is not feasible or necessary. Amend Sec. 23-4-820. Reserved. Amend Sec. 23-4-830. Standards for Telecommunication Antenna Towers. A. In C (Commercial), I (Industrial), and A (Agricultural) zoning districts and PLANNED UNIT DEVELOPMENTS without residential USES, TELECOMMUNICATION ANTENNA TOWERS are allowed as a USE by right, ACCESSORY USE, USE subject to Zoning Permit for TELECOMMUNICATION ANTENNA TOWER requirements, or as a Use by Special Review Permit, per the height guidelines below. The height of a TELECOMMUNICATION ANTENNA TOWER is defined as the distance from the finished grade at the TELECOMMUNICATION ANTENNA TOWER base to the highest point of the TELECOMMUNICATION ANTENNA TOWER. Overall TELECOMMUNICATION ANTENNA TOWER HEIGHT includes the base pad, mounting STRUCTURES and panel antennas, but excludes lightning rods and whip antennas. Table 23.4 — No change. Delete B. Radial Spacing. B. In addition to meeting the Use by Special Review standards set forth in Article II, Division 5 of this Chapter or the Zoning Permit for Telecommunication antenna tower permit application requirements set forth in Section 23-4-870, the applicant shall submit documentation addressing the following standards: Delete 1. 1. The TELECOMMUNICATION ANTENNA TOWER shall not constitute a hazard to aircraft. Delete 3. 2. The proposed TELECOMMUNICATION ANTENNA TOWER shall be designed and provide for CO -LOCATION. Failure to provide space for other carriers at a fair market rate when it would not impair the structural integrity of the TELECOMMUNICATION ANTENNA PAGE 6 4859193 Pages: 6 of 14 10/04/2022 01:00 PM R Fee:$0.00 Carly Koppe®, Clark and ark Weld County ,a viii tietiNcir i' �iI � h � WARI II 2022-2769 ORD2022-05 TOWER or cause interference, or modification of any STRUCTURE to make CO - LOCATION impractical or impossible, shall be grounds for revocation or suspension of approval by the Board of County Commissioners in accordance with Subsection 23-4-830.G. below. 5. thru 8. — No change. Renumber as 3. thru 6. 7. The design of the proposed TELECOMMUNICATION ANTENNA TOWER shall ensure structural integrity. 8. The proposed TELECOMMUNICATION ANTENNA TOWER shall have adequate measures to discourage unauthorized climbing and to ensure the security thereof. 11. and 12. — No change. Renumber as 9. and 10. Delete 13. C. TELECOMMUNICATION ANTENNA FACILITIES and equipment SETBACKS and OFFSETS. 1. — No change. 2. Minimum SETBACKS and OFFSETS for CONCEALED TELECOMMUNICATION ANTENNA TOWERS are the same as the minimum BUILDING SETBACKS and OFFSETS in the UNDERLYING ZONING DISTRICT. 3. Minimum SETBACKS for TELECOMMUNICATION ANTENNA TOWERS, other than CONCEALED TELECOMMUNICATION ANTENNA TOWERS: TELECOMMUNICATION ANTENNA TOWERS, other than CONCEALED TELECOMMUNICATION ANTENNA TOWERS, shall be set back from all RIGHT-OF-WAY lines and future right-of-way lines a distance equal to the TELECOMMUNICATION ANTENNA TOWER HEIGHT. Delete a. and b. Add 4. Minimum OFFSETS for TELECOMMUNICATION ANTENNA TOWERS, other than CONCEALED TELECOMMUNICATION ANTENNA TOWERS: TELECOMMUNICATION ANTENNA TOWERS, other than CONCEALED TELECOMMUNICATION ANTENNA TOWERS, shall be setback from all property lines other than RIGHT-OF-WAY lines and future right-of-way lines a distance equal to the TELECOMMUNICATION ANTENNA TOWER HEIGHT. Reduced OFFSETS may be approved in the following circumstances: a. The applicant provides a document signed and stamped by an engineer licensed to do business in the state stating that the tower is designed to fall entirely within the boundaries of the property in the event of collapse, or b. The applicant provides evidence of a recorded permanent tower fall zone easement extending to a distance equal to the height of the tower. PAGE 7 4859193 Pages: 7 of 14 10/04/2022 01:00 PM R Fee:$0.00 Carly Koppel, C1•rk and Raoordar, Wald County , co • 2022-2769 ORD2022-05 4. No change. Renumber 4. as 5. D. Equipment Design. 1. A TELECOMMUNICATION ANTENNA, ATTACHED on a roof may extend up to fifteen (15) feet over the height of the BUILDING or STRUCTURE and may exceed the UNDERLYING ZONING DISTRICT height limitation. 2. TELECOMMUNICATION ANTENNAS, ATTACHED mounted on a BUILDING or STRUCTURE wall shall be flush to the wall as technically possible, shall not project above the top of the wall, and shall be located, painted and/or screened to be architecturally and visually compatible with the wall to which it is attached. 3. and 4. — No change. Delete 5. E. Base or Accessory Site Design. 1 If determined to be required by either the Director of the Department of Planning Services or the Weld County Board of Commissioners in the course of processing a Zoning Permit for a Telecommunication Antenna Tower Facility or Use by Special Review Permit, SCREENING appropriate to the context of the site and in harmony with the character of the surrounding environment shall be installed if any part of the facility is visible from PUBLIC RIGHTS -OF -WAY or ADJACENT properties. 2. — No change. 3. Signage at the site shall be limited to nonilluminated warning and equipment SIGNS. This does not apply to concealed antennas incorporated into FREESTANDING SIGNS. Delete 4. F. Revocation or suspension of approval. Any approval may be revoked or suspended by the Board of County Commissioners following a Probable Cause Hearing as outlined in Section 2-4-40 of this Code for any of the following circumstances: 1. VIOLATION of any of the terms of this Division 10 or the conditions of approval. 2. The USE has not commenced within three (3) years from the date of recording. 3. The USE has been discontinued for a period of three (3) consecutive years. If the approval is revoked or suspended, the property owner shall cease operation of the USE immediately. Continued operation of the USE after approval has been revoked or suspended shall be a VIOLATION of this Code. If the approval is revoked, the Board of County Commissioners may, in its discretion, elect to allow the facility to remain onsite until a specified date to allow the owner or a subsequent owner time to apply to reestablish PAGE 8 4859193 Pages: 8 of 14 10/04/2022 01:00 PM R Fee:$0.00 Carly Koppee, Clerk and Recorder, Weld County , CO 2022-2769 ORD2022-05 its USE following the procedures and requirements of this Division. If the USE has not been lawfully reestablished by such date, the facility and the related equipment shall be removed at the owner's expense. G. The applicant shall maintain the site and any required or proposed SCREENING. Maintenance shall include, but not be limited to, removal or trash and weeds. Amend Sec. 23-4-840. Supplemental Use by Special Review Permit application requirements for Telecommunication Antenna Towers. Application Contents. In addition to requirements outlined in Article II of this Chapter, applications for Use by Special Review approval of proposed TELECOMMUNICATION FACILITIES, and additions or modifications to existing facilities, shall include the following: A. Improvement Location Certificate identifying the location of the disturbed area, lease area, and coordinates of the proposed facility in longitude and latitude. Delete 1. and 2. B. Elevation drawings of the proposed TELECOMMUNICATION FACILITY showing all TELECOMMUNICATION ANTENNAS, TELECOMMUNICATION ANTENNA TOWERS, STRUCTURES, equipment BUILDINGS and cabinets, fencing, SCREENING, landscaping, lighting and other improvements related to the facility, showing specific materials, placement and colors. The County may require photo -realistic renderings of the site post -construction, demonstrating the true impact of the TELECOMMUNICATION FACILITY on the surrounding visual environment, and/or photo -realistic renderings of the site from specific vantage points. Delete 4. C. A report describing the TELECOMMUNICATION FACILITY and the technical need and other reasons for its design, height and location, and addressing compatibility and the preferred order listed in Section 23-4-810 above; the general need for the TELECOMMUNICATION FACILITY and its role in the network; and the capacity of the STRUCTURE, including the number and type of antennas it can accommodate. D. The FAA response to the Notice of Proposed Construction or Alteration (FAA Form 7460-1 or equivalent), if the facility is taller than two hundred (200) feet or is located in the A -P (Airport) Overlay District or within one (1) mile of an AIRPORT. Delete 7. and 8. 9. — No change. Reletter 9. as E. F. A Decommissioning Plan and letter of intent or lease agreement statement which addresses removal of the facility at the expense of the TELECOMMUNICATION FACILITY owner and/or property owner if it is deemed abandoned. 11. — No change. Reletter 11. as G. PAGE 9 4859193 Pages: 9 of 14 10/04/2022 01:00 PM R Fee:$0.00 Carly Koppas, Clerk and Recorder, Weld County , CO DI ALAI 111 2022-2769 ORD2022-05 Delete B. Amend Sec. 23-4-850. Application review of Telecommunication Antenna Towers. A. — No change. B. Building Permits. Zoning Permit and Use by Special Review approvals of TELECOMMUNICATION FACILITIES are separate from the building permit review process. Building permits for the construction of TELECOMMUNICATION FACILITIES cannot be issued until the facility is approved through the administrative, or Use by Special Review process, if applicable. Amend Sec. 23-4-870. Zoning Permit for Telecommunication Antenna Tower permit application requirements. An application for a Zoning Permit for a TELECOMMUNICATION ANTENNA TOWER shall include the following: A. Completed application form provided by the Department of Planning Services. B. Authorization form, if applicable. C. Deed identifying the surface estate ownership interest in the property and relevant lease documents. D. Articles of organization or incorporation documents if the applicant or owner is a corporate entity and a statement/delegation of authority for the person authorized to sign on the corporation's behalf. E. Improvement Location Certificate identifying the location of the disturbed area, lease area, and coordinates of the proposed facility in longitude and latitude. F. Elevation drawings of the proposed TELECOMMUNICATION FACILITY showing all TELECOMMUNICATION ANTENNA TOWERS, STRUCTURES and other improvements related to the TELECOMMUNICATION FACILITY, showing specific materials, placement and colors. The County may require photo -realistic renderings of the site post -construction, demonstrating the true impact of the TELECOMMUNICATION FACILITY on the surrounding visual environment, and/or photo -realistic renderings of the site from specific vantage points. Delete G. G. A vicinity map showing properties, general land USES, zoning and STREETS/ROADS within one (1) mile of the subject property. Delete 1. PAGE 10 4859193 Pages: 10 of 14 10/04/2022 01:00 PM R Fee:$0.00 Carly Kopp., Clerk and Recorder, Weld County , CO IIIII IKON* I MA !MUM K AI III 2022-2769 ORD2022-05 H. A sketch plan of the site at the scale of one (1) inch represents fifty (50) feet, or other suitable scale if approved by Planning Services, to show: 1. — No change. 2. Location and measurements of any easements or rights -of -way on the property. 3. Access to the property indicating whether it is existing or proposed. An access permit may be required. 4. Identification of any ADJACENT COUNTY, State or federal STREETS/ROADS or highways. 5. Existing and proposed STRUCTURES, USES, parking areas, vegetation, and landscaping on the property. 6. — No change. Delete J. I. A statement describing the TELECOMMUNICATION FACILITY and the technical need and other reasons for its design and location, and addressing compatibility and the preferred order listed in Section 23-4-810 above; the general need for the TELECOMMUNICATION FACILITY and its role in the network; and the capacity of the STRUCTURE, including the number and type of antennas it can accommodate. J. The FAA response to the Notice of Proposed Construction or Alteration (FAA Form 7460-1 or equivalent), if the facility is located in the A -P (Airport) Overlay District or within one (1) mile of an Airport. Delete M. and N. K. A letter of intent to allow CO -LOCATION on the TELECOMMUNICATION ANTENNA TOWER. The applicant may provide written justification and evidence why CO -LOCATION is not possible. L. A Decommissioning Plan and letter of intent or lease agreement statement which addresses removal of the facility at the expense of the TELECOMMUNICATION FACILITY owner and/or property owner if it is deemed abandoned. Q. — No change. Reletter Q. as M. Delete R. and S. T. — No change. Reletter T. as N. Delete U. PAGE 11 4859193 Pages: 11 of 14 10/04/2022 01:00 PM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County , CO IIIIML'n IJh IP IN Ng 44111 1 2022-2769 ORD2022-05 V. — No change. Reletter V. as O. P. An application fee. An additional fifty percent (50%) of the application fee shall be added to the cost of the application fee if the USE is started prior to issuance of a permit. The payment of the investigation fee shall not relieve any persons from fully complying with the requirements of this Chapter, nor from any other penalties. Amend Sec. 23-4-880. Referrals to Municipalities within one-half (') mile of Commercial Antenna Telecommunication Antenna Towers. The Department of Planning Services shall refer all Zoning Permits for TELECOMMUNICATION ANTENNA TOWER applications to municipalities whose boundaries are located within one-half ('/2) mile of the boundaries of the subject property. The failure of any municipality to respond within twenty-one (21) days may be deemed to be a favorable response. Amend Sec. 23-4-892. Modification of Equipment on Existing Telecommunication Tower Facilities. A. CO -LOCATION of new transmission equipment onto, or removal or replacement of, existing equipment from existing TELECOMMUNICATION FACILITIES (including existing nonconforming antenna tower facilities) shall not require a new or amended Use by Special Review Permit, or Zoning Permit if the modification does not substantially change the physical dimensions of such tower or base station. B. Other additions of equipment onto existing TELECOMMUNICATION FACILITIES (including existing nonconforming antenna tower facilities) that substantially extend the TELECOMMUNICATION ANTENNA TOWER HEIGHT and/or substantially expand the area occupied by the TELECOMMUNICATIONS ANTENNA TOWER and/or accessory equipment shall be reviewed by the Director of Planning Services to determine whether or not a new or amended Use by Special Review (USR) or a new Zoning Permit will be required. C. When a modification to an existing TELECOMMUNICATION ANTENNA TOWER is proposed, the Director of Planning Services shall provide the applicant with a written determination regarding whether zoning approval is required, and if so, which permit is applicable. Within thirty (30) days of receiving notice of the proposed modification, the Director may require the applicant to provide such other information as the Director believes is reasonably necessary to make his or her determination. The Director's determination shall be provided within sixty (60) days of receiving notice of the proposed modification. Delete Sec. 23-4-894. Subdivision Exemptions for Changes to Existing Telecommunication Tower Facilities. PAGE 12 4869193 Pages: 12 of 14 10/04/2022 01:00 PM R Fee:$0.00 Carly Koppas, Clark and Recorder, Wald County , CO 2022-2769 ORD2022-05 PATI' II II CHAPTER 29 BUILDING REGULATIONS ARTICLE III — Building Permits Amend Sec. 29-3-20. Exemptions. A. — No change. B. A building permit shall not be required for: 1. thru 18. — No change. 19. Freestanding signs not over ten (10) feet in height. Remainder of Section — No change. BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is, directed to arrange for Municode to supplement the Weld County Code with the amendments contained herein, to coincide with chapters, articles, divisions, sections, and subsections as they currently exist within said Code; and to resolve any inconsistencies regarding capitalization, grammar, and numbering or placement of chapters, articles, divisions, sections, and subsections in said Code. 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. PAGE 13 4839193 Pages: 13 of 14 10/04/2022 01:00 PM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Wald County , CO ArdinON&AYEirr IliliEI PIW4 1I III 2022-2769 ORD2022-05 The above and foregoing Ordinance Number 2022-05 was, on motion duly made and seconded, adopted by the following vote on the 3rd day of October, A.D., 2022. BOARD OF COUNTY COMMISSIONERS WELD COUN5Y, COLORADO ATTEST: ddthiv •�C,GtO•� Weld County Clerk to the Board County ey Date of signature: lo/ /22 Scott K. James, Chair teve Moreno Publication: July 16, 2022 First Reading: August 22, 2022 Publication: August 28, 2022, in the Greeley Tribune Second Reading: September 12, 2022 Publication: September 18, 2022, in the Greeley Tribune Final Reading: October 3, 2022 Publication: October 9, 2022, in the Greeley Tribune Effective: October 14, 2022 PAGE 14 4859193 Pages: 14 of 14 10/04/2022 01:00 PM R F..:$0.00 iiiiklaikagailiaileoNcifiliVii r, W.ld unty , CO f= li I Elm "III 2022-2769 ORD2022-05 Hello