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Home My WebLink About20222437.tiffNOTICE OF FINAL READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2022-05 was introduced on first reading on August 22, 2022, and a public hearing and second reading was held on September 12, 2022. A public hearing and final reading was completed on October 3, 2022, with no change being made to the text of said Ordinance, and on motion duly made and seconded, was adopted. Effective date of said Ordinance is listed below. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page (www.weldgov.com). E-mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your e- mail correspondence into the case file, please send a copy to egesick@weldgov.com. Ordinance No. 2022-05 Ordinance Title: In the Matter of Repealing and Reenacting, with Amendments, Chapter 23 Zoning of the Weld County Code Effective Date: October 14, 2022 Board of County Commissioners Weld County, Colorado Dated: October 6, 2022 Published: October 9, 2022, in the Greeley Tribune oZoo2a —2,87 NOTICE OF FINAL READING OF ORDINANCE ma0 corre- weldgovcon> a Copy to egeskk® Ordlttance No. 2022-05 Onlinance Tittle In the Matter of Repealing and Reenacting, with Amendments, Chapter 23 Zoning of the Weld County Code Effectire Date October 14, 2022 Board of County Commissioners yueld County, Colorado Dated• October 6, 2022 ublished: October 9, 2022, in the Greeley Tribune - 1926747 Prairie Mountain Media, LLC PUBLISHER'S AFFIDAVIT County of Weld State of Colorado The undersigned, Aaent , being first duly sworn under oath, states and affirms as follows: 1. He/she is the legal Advertising Reviewer of Prairie Mountain Media LLC, publisher of the Greeley Tribune. 2. The Greeley Tribune is a newspaper of general circulation that has been published continuously and without interruption for at least fifty-two weeks in Weld County and meets the legal requisites fora legal newspaper under Colo. Rev. Stat. 24-70-103. 3. The notice that is attached hereto is a true copy, published in the Greeley Tribune in Weld County on the following date(s): Subscribed and swo to me before me this o -day of IQ., PQ a MELISSA I NAJERA NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20064049936 MY COMMISSION EXPIRES DECEMBER 11, 2022 (SEAL) Oct 9.2022 Account: 1099690 Ad Number: 1926747 Fee: $14.50 NOTICE OF SECOND READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2022-05 was introduced on first reading on August 22, 2022, and a public hearing and second reading was held on September 12, 2022, with no change being made to the text of said Ordinance. A public hearing and third reading is scheduled to be held in the Chambers of the Board, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631, on October 3, 2022. All persons in any manner interested in the next reading of said Ordinance are requested to attend and may be heard. Please contact the Clerk to the Board's Office at phone (970) 400-4225, or fax (970) 336-7233, prior to the day of the hearing if, as a result of a disability, you require reasonable accommodations in order to participate in this hearing. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page (www.weldgov.com). E-mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your e- mail correspondence into the case file, please send a copy to egesick@weldgov.com. Ordinance No. 2022-05 Ordinance Title: In the Matter of Repealing and Reenacting, with Amendments, Chapter 23 Zoning and Chapter 29 Building Regulations of the Weld County Code Date of Next Reading: October 3, 2022, at 9:00 a.m. Board of County Commissioners Weld County, Colorado Dated: September 15, 2022 Published: September 18, 2022, in the Greeley Tribune Prairie Mountain Media, LLC cwoeo m the cas spoodenee htto 1 weidgoveom. Ordinanrx Na 20 Ordinance Title: I Amendments, Ch Iations of the Wei Date of Next Reaa Board of County weld County, Coli Dated• Septembe P�1�6ed: Seater Weld �rado �sted ":1= corre Y to egeskk® r of Repealing and Reenacting, with nirtg and Chapter 29 Building Regu mty Cade October 3, 2022, at 9:00 a.m. sioners 022, in the Greeley Tribune - 1921077 PUBLISHER'S AFFIDAVIT County of Weld State of Colorado The undersigned, Aoent being first duly sworn under oath, states and affirms as follows: 1. He/she is the legal Advertising Reviewer of Prairie Mountain Media LLC, publisher of the Greeley Tribune. 2. The Gree/ey Tribune is a newspaper of general circulation that has been published continuously and without interruption for at least fifty-two weeks in Weld County and meets the legal requisites fora legal newspaper under Colo. Rev. Stat. 24-70-103. 3. The notice that is attached hereto is a true copy, published in the Greeley Tribune in Weld County on the following date(s): (SEAL) Sea 18. 2022 SHAYLA NAJERA. NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20174031985 MY COMMISSION EXPIRES July 31, 2025 Account: 1099690 Ad Number: 1921077 Fee: $18.00 NOTICE OF FIRST READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2022-05 published below, was introduced and, on motion duly made and seconded, approved upon first reading on August 22, 2022. A public hearing and second reading is scheduled to be held in the Chambers of the Board, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631, on September 12, 2022. All persons in any manner interested in the reading of said Ordinance are requested to attend and may be heard. Please contact the Clerk to the Board's office at phone (970) 400-4225, or fax (970) 336-7233, prior to the day of the hearing if, as the result of a disability, you require reasonable accommodations in order to participate in this hearing. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page (www.weldgov.com). E-mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your e- mail correspondence into the case file, please send a copy to egesick@weldgov.com. Ordinance No. 2022-05 Ordinance Title: In the Matter of Repealing and Reenacting, with Amendments, Chapter 23 Zoning and Chapter 29 Building Regulations of the Weld County Code Date of Next Reading: September 12, 2022, at 9:00 a.m. Board of County Commissioners Weld County, Colorado Dated: August 25, 2022 Published: August 28, 2022, in the Greeley Tribune ******* WELD 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 .20.2a- 024-.51 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 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 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. 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. 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. 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 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. 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 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. 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. 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. 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 (14) 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. 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. Affidavit of Publication STATE OF COLORADO SS. County of Weld, I, the undersigned agent, of said County of Weld, being duly sworn, say that I am an advertising clerk of THE GREELEY TRIBUNE, that the same is a three days weekly plus Sunday newspaper of general circulation and printed and published in the City of Greeley in said county and state; that the notice or advertisement, of which the annexed is a true copy, has been published in said daily newspaper for consecutive (days): that the notice --s published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice, and in the newspaper proper and not in a supplement thereof; that the first publication of said notice was 28th day of August A.D. 2022 and the last publication thereof: in the issue of said newspaper 28th day of August A.D. 2022 has been published continuously and uninterruptedly during the period of at least six months next prior to the first issue thereof contained said notice or advertisement above referred to; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3, 1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. 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Iwm,:z.,sweml Ravletlw,:o7 o,= Gaquappl'ralbm prvpmeJwEELECOMMUNIGTIOH UCltJflfs, aw OvWnpu. sml NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public hearing will be held before the Weld County Planning Commission and the Board of County Commissioners in the Hearing Room, Weld County Administration Building, 1150 O Street, Greeley, Colorado, at the times specified below. A Second and Third reading of said Ordinance will be considered on September 12, 2022 and October 3, 2022. The complete case file may be examined by calling the Department of Planning Services at (970) 400-6100 to make arrangements with the case planner, or at the office of the Clerk to the Board of County Commissioners, Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631. E -Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E -Mail correspondence into the case file prior to the Planning Commission hearing, please call the Department of Planning Services to obtain the appropriate contact information. For inclusion of any correspondence prior to the Board of Commissioners hearing E-mail egesick@weldgov.com. If a court reporter is desired for either hearing, please advise the Department of Planning Services or the Clerk to the Board's Office, in writing, at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to participate in this hearing, please contact the Department of Planning Services at (970) 400-6100, or the Clerk to the Board's Office at (970) 400- 4225, prior to the day of the hearing. All cases scheduled before the Planning Commission or Board of County Commissioners are subject to continuance, due to lack of quorum or otherwise. Contact the Department of Planning Services or the Clerk to the Board's Office at the numbers above, for hearing continuance information. The application may be updated at any time at the request of the applicant, or in response to public input, referral responses, or staff recommendations. During the public hearing process, the Planning Commission and Board of County Commissioners reserve the right to amend the findings, conditions of approval, and/or development standards in the proposed resolution. DOCKET #: 2022-66 PLANNING COMMISSION DATE: August 2, 2022 TIME: 12:30 p.m. BOARD OF COMMISSIONERS DATE: August 22, 2022 TIME: 9:00 a.m. CASE NUMBER: ORDINANCE 2022-05 PRESENTED BY: JIM FLESHER REQUEST: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING AND CHAPTER 29 BUILDING REGULATIONS OF THE WELD COUNTY CODE (TELECOMMUNICATION TOWERS). PLANNING COMMISSION WELD COUNTY, COLORADO DATED: July 14, 2022 PUBLISHED: July 16, 2022, in the Greeley Tribune 2022-2437 NOTICE Pursuant to the eaurg laws of the State of Colorado and the weld cour�tyy Co�de, a putt itevbg will be held before the Weld PNr th. Co�emkaion and the fioard of Cour a. In the Flearing Room, Weld County Admlobetra- don eu 150 SOeet OreeNy, colorada at the times kw A and Third reads of sold Ordinance w016a on September 12.2022 and pawner 3.2024 The cocloamicase Ste erwy be examined by calling the De- partment M np Serrvkes at ONO 400.6100makae ar- me rangents with the Case planner, or at the office of tothe tion the Wad g. County 0 Street. Greeley. r Commissioners. o 631.E Administra- tion miser aeM st fill. ai yotri_3 i be in dudedM the as E fcoar spondence arts tpe iNse fY to Carne not heed. ppleesrsfo oiltheDepal eee ett,el is eb- emorp nisei ewe et Ceem iedeee rtes lle. Oar eg. vice a w" rtmentr'p0it of�w. �g ,,,4' a tlw' ki f1,e ew s Office. In wriWae. at Nre�apt ore prior to the hear tThe mtt prtyenstgkajzizia wltle the tinAglaroizA sabyl r- ro ou rgliztranre to this ""odat'p "4W"dtl, In order . for �Nd before Inft,emm�p Gko omm scion a Ord of aidy Commieiaears are sedyect to ometbserete, due tot ofquo rum or CI*. to t Contact flee Department of planning tar" a i4- Clerk to the l e►e o at tie rwmben abov. for hearing contNeusnce inMrmadon T i apQ► tbn may be updat- ed �t any tone at ell request of the � ar In response to Collie nput, rehrral responses, or stap=ww4lauc. Dur- urp the k acing process, the to ren end board of Caw., Camnisstoexrs reserve the right to amend the meinkgs caedf0oees of approval, and/or development standards Ind pr»oaaed nxoledio. P ANI N0 WIbe6IION DATE X 2, 2022 ...Oust August 22.2022 20.9 R6Prairit AND REENACTING. L�tqaNG .p THE w Mum CO E 41AWWNiCA COMMISSION ). ND WMM195tON WELD COUNTY, COLORADO Mall= ri 2022 helY 16, 2022. In the Greeley Tribune • L906427 Prairie Mountain Media, LLC PUBLISHER'S AFFIDAVIT County of Weld State of Colorado The undersigned, Aaant . being first duly sworn under oath, states and affirms as follows: 1. He/she is the legal Advertising Reviewer of Prairie Mountain Media LLC, pubileher of the Greeley Tribune. 2. The Greeley Tribune is a newspaper of general circulation that has been published continuously and without Interruption for at least fifty-two weeks In Weld County and meets the legal requisites for a legal newspaper under Colo. Rev. Stet 24-70-103. 3. The notice that is attached hereto is a true copy, published In the Greeley Tribune in Weld County on the following data(s): Jul 16.202f Signature se-) S + scruibbodd� and sworn to me be ore me this �� day of _ I Notary Public (PEAL) SHAYLA NAJERA NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20174031965 MY COMMISSION EXPIRES JuIy 31, 2025 Account: 1099881 Ad Number: 1906427 Fee: $28.00 Hello