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Home My WebLink About20211430.tiffEXHIBIT INVENTORY CONTROL SHEET ORD2021-09 - IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING, OF THE WELD COUNTY CODE Tyler Exhibit Submitted By Page # Description Angela Snyder, A. Planning Dept B. C. D. E. F. G. H. J. K. L. M. N. O. P. Q. R. s T. U. Changes made during Final Reading 07/07/21 1 approved by the BOCC in redline 2021-1430 WELD COUNTY CODE ORDINANCE 2021-09 IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING, OF THE WELD COUNTY CODE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO: WHEREAS, the Board of County Commissioners of th County of Weld, State of ,clorado, pursuant tc 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 2::, 2000, adopted Weld County Code rdinance 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 da ;e 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 goard of County Commissioners of the County of Weld, State of Colorado, that Chapter 23 of the Weld County Code be, and hereby is, repealed and re-enacted, with amendments, to read as follows.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: Add AGRICULTURAL PROCESSING: PROCESSING of crops and other plants, including extracting oils from plants and canning of plants for distribution to retailers but does not include production of ethanol, alcoholic beverages, or activities listed in the definition of FARMING. elete AGRICULTURAL PRODUCTION. AGRICULTURAL SUPPORT ,} t.ND SERVICE: Establishments principally engaged in serving DAIRIES and FARMING, excluding LIVESTOCK CONFINEMENT OPERATIONS, MEAT PROCESSING, ORGANIC I _ t _ RTI LIZE a PRODUCTION/CO i POSTING FACILITIES, TRANSLDING facilities, and COMMERCIAL TUCK ASHOUT FACILITIES; and including but not limited to the following: a. and b. — No change. c. .:-:rain, seed, feed, fertilizer, herbicide, pesticide, kerosene, and propane r:tail, wholesale, and service establishments, d. thru i. — No change. Add j. AGRICULTU,L PROCESSING. PAGE 1 2021-1771 ORD2021-09 Delete AGRICULTURAL SUPPORT AND SERVICE. AUXILIARY QUARTERS: One (1) or more interconnected rooms permanently attached to or located within a SINGLE-FAMILY DWELLING which are arranged, designed, used or intended for USE as a complete independent living facility for one (1) FAMILY. All AUXILIARY QUARTERS shall comply with the following requirements: Delete a. and b. Rele:ter c. as a. a. The GROSS FLOOR AREA of the SINGLE-FAMILY DWELLING shall be no less than one thousand six hundred (1,600) square feet in size. Delete d. Reletter a and f. as b. and c. b. The minimum GROSS FLOOR AREA of the AUXILIARY QUARTERS shall be no less than three hundred (300) square feet and the maximum GROSS FLOOR AREA of the AUXILIARY QUARTERS shall not exceed fifty percent (50%) of the remaining GROSS FLOOR AREA of the SINGLE-FAMILY DWELLING. c. The AUXILIARY QUARTERS and the SINGLE-FAMILY DWELLING shall be attached by common roof and foundation. Delete g. LEGAL LOT: As used in this Chapter, the term LEGAL LOT shall refer to any of the following: Delete a. and reletter subsequent items. a. Any LOT created prior to September 20, 1961, prior to the adoption of the Official Subdivision Regulations for Weld County, Colorado. b. Any LOT created between September 20, 1961, and December 15, 1992, in compliance with the Official Subdivision Regulations, Weld County, Colorado, as amended (referred to as the "Weld County Subdivision Regulations"), and in conformance with the bulk requirements and other regulations of the zone district where the LOT is located. c. Any LOT created between December 15, 1992, and December 28, 2000, in compliance with the Weld County Subdivision Ordinance, Ordinance No. 173, as amended, and in conformance with the bulk requirements and other regulations of the zone district where the LOT is located. d. Any LOT created after December 28, 2000, in compliance with Chapter 24 of the Weld County Code, and in conformance with the bulk requirements and other regulations of the zone district where the LOT is located. Add a Any LOT at least thirty-five (35) acres in size and not part of a plat approved by the COUNTY. A LEGAL LOT may not necessarily be a BUILDABLE LOT. OIL AND GAS FACILITY: As defined in Chapter 21, Article V. OIL AND GAS SUPPORT AND SERVICE: Establishments principally engaged in serving the oil and gas industry, including but not limited to: a. Class I or II Underground Injection Control (UIC) wells, as defined by the US Environmental Protection Agency, PAGE 2 2021-1771 ORD2021-09 b. Natural gas compressor stations, c. Natural gas processing facilities, including liquification (LNG) facilities, d. Oil and gas company OFFICES, e. OUTDOOR STORAGE yards for oil and gas equipment, including pipe laydown yards and parking/storage of drilling rigs, etc., f. Trucking companies principally engaged in the hauling of drilling rigs, oil and gas, pipe for use in drilling, water, etc. OIL AND GAS SUPPORT AND SERVICE excludes the following: a. Manufacturing and HEAVY MANUFACTURING, including pipe manufacturers, b. OIL AND GAS FACILITIES, c. OIL AND GAS STORAGE FACILITIES, d. PETROLEUM REFINERIES and coal gasification facilities, e. Pipelines and appurtenant facilities transporting petroleum products, f. TRANSLOADING, g. UTILITY SERVICE FACILITIES. Delete SECONDARY RECOVERY. Remainder of Section — No change. ARTICLE II — Procedures and Permits Division 3 — Site Plan Review Amend Sec. 23-2-150. Intent and applicability. A. thru L. — No change. Add M. and N. M. If a LOT has an approved and recorded SITE SPECIFIC DEVELOPMENT PLAN and the zoning on the LOT is changed to a zone district for which the existing USE requires a Site Plan Review, the Director of Planning Services may waive the Site Plan Review application requirement, if the following applies: 1. The existing USE of the property is not changing or expanding beyond what is allowed without a Site Plan Review, as stated in Subsection E above; and 2. The approved SITE SPECIFIC DEVELOPMENT PLAN is in substantial compliance with the requirements of the new zone district, including but not limited to bulk requirements, design standards, and operation standards. N. Any USE allowed by approval of a Site Plan Review may be permitted as a Use by Special Review when applied for in conjunction with a pending Use by Special Review permit or as a minor amendment to an approved Use by Special Review permit, in accordance with Division 4 of this Article. PAGE 3 2021-1771 ORD2021-09 Division 4 — Uses by Special Review Amend Sec. 23-2-285. Minor amendments. A. thru C. — No change. D The Planning Services Director may refer a Minor Amendment to the Board of County Commissioners and schedule a public hearing. If such hearing is scheduled, the Clerk to the Board shall: 1. — No change. 2. Give notice of the application and the public hearing date to those persons listed in the application as owners of property located within five hundred (500) feet of the parcel under consideration. Such notification shall be mailed, first-class, not less than ten (10) days before the scheduled public hearing. Such notice is not required by state statute and is provided as a courtesy to surrounding property owners (the surface estate). Inadvertent errors by the applicant in supplying such list or the Clerk to the Board in sending such notice shall not create a jurisdictional defect in the hearing process, even if such error results in the failure of a surrounding property owner to receive such notification. 3. The Department of Planning Services shall post a sign on the property under consideration in a location readily visible from the adjacent PUBLIC STREET/ROAD RIGHT-OF-WAY. The sign will be posted at least ten (10) days preceding the hearing date for the Board of County Commissioners' hearing. In the event the property under consideration is not adjacent to a PUBLIC STREET/ROAD RIGHT-OF-WAY, a second sign at the point at which the driveway (access drive) intersects a PUBLIC STREET/ROAD RIGHT-OF-WAY will be posted. The sign posting will be evidenced with a photograph. Remainder of Section — No change. 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. — No change. B. 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. C. thru H. — No change. Add I. Swimming pools, tennis courts and similar ACCESSORY USES, and STRUCTURES. J. WIND GENERATORS allowed as ACCESSORY USES in Section 23-4-450 of this Chapter. Amend Sec. 23-3-35. Uses allowed by permit outside of subdivisions and historic townsites. No USE listed in this Section shall commence construction or operation in the A (Agricultural) Zone District on LOTS outside of SUBDIVISIONS and HISTORIC TOWNSITES without prior PAGE 4 2021-1771 ORD2021-09 approval of a land use permit from the Department of Planning Services or Department of Public Health and Environment, as applicable. A. AGRICULTURAL SUPPORT AND SERVICE, permitted under Division 17 of Article IV of this Chapter. B. thru P. — No change. Delete Q. and R. and reletter subsequent items. Amend Sec. 23-3-40. Uses by special review outside of subdivisions and historic townsites. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained on LOTS outside of SUBDIVISIONS and HISTORIC TOWNSITES in the A (Agricultural) Zone District upon approval of a Special Review Permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter, or Article II, Division 5, in the case of MAJOR FACILITIES OF PUBLIC UTILITIES OR PUBLIC AGENCIES. A. thru T. — No change. U. NONCOMMERCIAL TOWERS requiring approval of a Use by Special Review, as detailed in Division 10 of Article IV of this Chapter. V. thru HH. — No change. II. TELECOMMUNICATION ANTENNA TOWERS requiring approval of a Use by Special Review, as detailed in Division 10 of Article IV of this Chapter. JJ. and KK. — No change. Add LL. Any USE allowed by permit listed in Section 23-3-35, in conjunction with a pending or approved Use by Special Review Permit. MM.WIND GENERATORS requiring the issuance of Special Review Permit under Division 6 of Article IV of this Chapter. 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. Note: The combined GROSS FLOOR AREA of all ACCESSORY BUILDINGS constructed after August 25, 1981 on LOTS of less than ten (10) acres in SUBDIVISIONS and HISTORIC TOWNSITES shall not exceed four (4) percent of the total LOT area, xcept in R standards. However, In no case shall such an ACCESSORY BUILDING exceed twice the GROSS FLOOR AREA of the principal DWELLING UNIT on the LOT except by VARIANCE. Any ACCESSORY STRUCTURE made nonconforming by application of this Section may be repaired, replaced or restored in total. A. — No change. B. One (1) CARGO CONTAINER in accordance with Section 23-4-1100 per LEGAL LOT. C. thru G. — No change. Add H. Swimming pools, tennis courts and similar ACCESSORY USES, and STRUCTURES. PAGE 5 2021-1771 ORD2021-09 I. WIND GENERATORS allowed as ACCESSORY USES in Section 23-4-450 of this Chapter. Amend Sec. 23-3-55. Uses allowed by permit in subdivisions and historic townsites. No USE listed in this Section shall commence construction or operation in the A (Agricultural) Zone District on LOTS in SUBDIVISIONS and HISTORIC TOWNSITES without prior approval of a land use permit from the Department of Planning Services or Department of Public Health and Environment, as applicable. A. AGRICULTURAL SUPPORT AND SERVICE, AGRITAINMENT, agriculture -related EVENT FACILITIES, AGRITOURISM, and HUNTING LODGES permitted under Division 17 of Article IV of this Chapter. B. thru L. — No change. Delete M. and N. and reletter subsequent items. Amend Sec. 23-3-60. Uses by special review in subdivisions. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained on LOTS in SUBDIVISIONS in the A (Agricultural) Zone District upon approval of a Special Review Permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. A. — No change. Delete B. and reletter C. as BA. BA.ANIMAL BOARDING and animal TRAINING FACILITIES where the maximum number of ANIMAL UNITS permitted in Section 23-3-70.D below is exceeded or traffic to and from the facility exceeds sixty (60) daily trips. Add —B. C LDI NGS or STRUCTURES —exceed Section 23-3-70.G. D. thru Y. — No change. Reletter as C thru X. Y. TOWERS, NONCOMMERCIAL requiring approval of a Use by Special Review, as detailed in Division 10 of Article IV of this Chapter. Z. TOWERS, TELECOMMUNICATION ANTENNA requiring approval of a Use by Special Review, as detailed in Division 10 of Article IV of this Chapter. AA.Any USE allowed by permit listed in Section 23-3-55, in conjunction with a pending or approved Use by Special Review permit. Z. thru AA. — No change. Reletter as BB. and CC. Amend Sec. 23-3-65. Uses by special review in histF• tic townsites. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained on LOTS in HISTORIC TOWNSITES in the A (Agricultural) Zone District upon approval of a Special Review Permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. A. — No change Delete A. nj-B. and reletter C. and D. as BA. and -B. PAGE 6 2021-1771 ORD2021-09 Add C. B_LLDINGS or S1RUCTURES�exc ecitn9the ma imum footprints detailed in S e., en- 2' yam: G . DE. thru JJ. — No change. Reletter as CD. thru II. Add JJ. TOWERS, NONCOMMERCIAL requiring approval of a Use by Special Review, as detailed in Division 10 of Article IV of this Chapter. Add KK. TOWERS, TELECOMMUNICATION ANTENNA requiring approval of a Use by Special Review, as detailed in Division 10 of Article IV of this Chapter. KK. — No change. Reletter as LL. MM. Any USE allowed by permit listed in Section 23-3-55, in conjunction with a pending or approved Use by Special Review permit. LL. and MM. — No change. Reletter as NN. And OO. Amend Sec. 23-3-70. Bulk requirements. The following lists the bulk requirements for the A (Agricultural) Zone District. Land in the A (Agricultural) Zone District is subject to the requirements contained in this Section. A. Minimum LOT size: 1. Thirty-five (35) acres; or 2. Less than thirty-five (35) acres; and Delete a. and reletter subsequent items. a. Created prior to September 20, 1961, prior to Weld County Subdivision Regulations; or b. Created between September 20, 1961 and August 30, 1972, in compliance with the Weld County Subdivision Regulations; or c. Created between August 30, 1972 and December 15, 1992, in compliance with the Weld County Subdivision Ordinance; or d. Created between December 15, 1992, and December 28, 2000, in compliance with Weld County Subdivision Ordinance No. 173; or e. Created after December 28, 2000, in compliance with Chapter 24 of the Weld County Code. B. thru F. — No change. Add G. The combined fo !p TURES, _ excluding fences, i SUBDIVFSI-044S and 41 S T O R o, , O JN - -E S —y h- l -1 not-e*ee-e4-tif t pe o c e nt (50%) of -a--1, QT -tki : heu$--an-a-p p -c S Uwe by Spy-Gh i Review -perm -nit Division 2 — Residential Zone Districts Amend Sec. 23-3-110. R-1 (Low -Density Residential) Zone District. A. thru C. — No change. D. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in the R-1 Zone District so long as they are clearly incidental and ACCESSORY to an allowed PAGE 7 2021-1771 ORD2021-09 U SE. Note: The combined GROSS FLOOR AREA of all ACCESSORY BUILDINGS constructed after the original effective date of this Chapter (August 25, 1981) on LOTS of less than ten (10) acres in SUBDIVISIONS and HISTORIC TOWNSITES shall not exceed four (4) percent of the total LOT area. However, in no case shall such an ACCESSORY BUILDING in a SUBDIVISION or HISTORIC TOWNSITE exceed twice the GROSS FLOOR AREA of the principal DWELLING UNIT on the LOT except by VARIANCE. Any ACCESSORY BUILDING made nonconforming by application of this Section may be repaired, replaced or restored in total 1. thru 4. — No change. E. Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or operation in the R-1 Zone District without prior approval of a land use permit from the Department of Planning Services. 1. and 2. — No change. Delete 3. and 4. 5. — No change. Renumber as 3. F. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained in the R-1 Zone District upon approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. Delete 1, Add 2. BUILDINGS or STRUCTURES exceeding the maximum footprint, asd-etai'ed—i-n; 1&. thru 7. — No change. Add 8. Any USE listed in Subsection C above, in conjunction with a pending or approved Use by Special Review permit. 8. and 9. — No change. Renumber as 9. and 10. Amend Sec. 23-3-120. R-2 (Duplex Residential) Zone District. A. thru C. — No change. D. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in the R-2 Zone District so long as they are clearly incidental and ACCESSORY to an allowed U SE. Note: The combined GROSS FLOOR AREA of all ACCESSORY BUILDINGS constructed after the original effective date of this Chapter (August 25, 1981) on LOTS of less than ten (10) acres in SUBDIVISIONS and HISTORIC TOWNSITES shall not exceed four (4) percent of the total LOT area. However, in no case shall such an ACCESSORY BUILDING in a SUBDIVISION or HISTORIC TOWNSITE exceed twice the GROSS FLOOR AREA of the principal DWELLING U NIT on the LOT except by VARIANCE. Any ACCESSORY BUILDING made nonconforming by application of this Section may be repaired, replaced or restored in total. 1. thru 4. — No change. E. Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or operation in the R-2 Zone District without prior approval of a land use permit from the PAGE 8 2021-1771 ORD2021-09 Department of Planning Services. 1. and 2. — No change. Delete 3 and 4. 5. — No change. Renumber as 3. F. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained in the R-2 Zone District upon approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. 1. BUILDING��. a3 -346U- 7 i. thru 6. — No change. Add 7. Any USE listed in Subsection C above, in conjunction with a pending or approved Use by Special Review permit. Remainder of Section — No change. Renumber 7. and 8. as 8. and 9. Amend Sec. 23-3-130. R-3 (Medium -Density Residential) Zone District. A. thru C. — No change. PAGE 9 2021-1771 ORD2021-09 D. Accessory Uses. The fol owing BUILDINGS, STRUCTURES and USES shall be allowed in the R-3 Zone District so ong as they are clearly incidental and ACCESSORY t. : an allowed USE. Note: The combined GROSS FLOR ,AREA of all ACCESSORY BLULDINGS constructed after the original effective date of this Chapter (August 25, 1981) on LOTS of less than ten (10) acres in SU 3DIV SIONS and FIISTORIC TOWNSITES shall not exceed four (4) percent of the total LOT area. However, in no case shall such an ACCESSORY BUILDING in a SUBDIVISION or HISTORIC TOWNSITE exceed twice the GROSS FLOOR AREA of the principal DWELLING UNIT on the LOT except by VARIANCE. Any ACCESSORY BUILDING made nonconforming by application of this Section may be repaired, replaced or restored in total 1. thru 4. ® Nti• change. E. Uses Allowed by Permit. o USE listed in this Subsection shall commence construction or operation in the R-3 Zone D strict without prior approval of a land use permit from the Department of Planning Services. 1. and 2. ® No change. Delete 3. and 4. 5. - No change. Renumber as 3. F. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained in the R-3 Zone District upon approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. 4. LLLD-- G ---r S -T RU ES -e-x —the m -a*inner n4, as -de -tailed i--Section 12. thru 6. - No change. Add 7. Any USE listed in Subsection C above, in conjunction with a pending or approved Use by Special Review permit. Remainder of Section - N , change. Renumber 7. and 8. as 8. and 9. Am Sec. 23-3-140. r '-4 (Hight nsity Residential) Zone istricta A. thru C. - No change. D. Accessory Uses. The followinc BUILDINGS, STRUCTURES and USES shall be allowed in the ' -4 Zone District so long as they are clearly incidental and ACCESSORY to an allowed USE. Note: The combined GROSS FLOOR AREA of all ACCESSORY BUILDINGS constructed after the original effective date of this Chapter (August 25, 1981) on LOTS of less than ten (10) acres in SUBDIVISIONS and H STORIC ORIC TOWNSITES shall not exceed four (4) percent of the total LOT area. However, in no case shall such an ACCESSORY BUILDING in a SUBDIVISION or HISTORIC TOWNSITE exceed twice the GROSS FLOOR AREA of the principal DWELLING UNIT on the LOT except by VARIANCE. Any ACCESSORY BUILDING made nonconforminc by application of this Section may be repaired, replaced or restored in total. 1. thru 4. — No change. E. Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or operation in the R-4 Zone District without prior approval of a land use permit from the Department of Planning Services. PAGE 10 2021-1771 ORD2021-09 23-3-160. 1. and 2. — No change. Delete 3. and 4. 5. — No change. Renumber as 3. F. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained in the R-4 Zone District upon approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. TRUC4 URES vimum foof ric , ash e -d in Section 12. thru 6. — No change. Add 7. Any USE listed in Subsection C above, in conjunction with a pending or approved Use by Special Review permit. Remainder of Section — No change. Renumber 7. and 8. as 8. and 9. Amend Sec. 23=3450. R-5 (Manufactured Home Residential) Zone District. A. thru C. — No change. D. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in the R-5 Zone District so long as they are clearly incidental and ACCESSORY to an allowed USE. Note: The combined GROSS FLOOR AREA of all ACCESSORY BUILDINGS constructed after the original effective date of this Chapter (August 25, 1981) on LOTS of less than ten (10) acres in SUBDIVISIONS and H STORIC TOWNSITES shall not exceed four (4) percent of the total LOT area. However, no case shall such an ACCESSORY BUILDING in a SUBDIVISION or HISTORIC TOWNSITE exceed twice the GROSS FLOOR AREA of the principal DWELLING UNIT on the LOT except by VARIANCE. Any ACCESSORY BUILDING made nonconforming by application of this Section may be repaired, replaced or restored in total. 1. thru 4. - No change. E. Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or operation in the R-5 Zone District without prior approval of a land use permit from the Department of Planning Services. 1. and 2. — No change. Delete 3. and 4. 5. — No change. Renumber as 3. F. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained in the R-5 Zone District upon approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. CURES exceeding the maximu action 2-3469. 12. thru 6. - No change. Add 7. Any USE listed in Subsection C above, in conjunction with a pending or approved Use by Special Review permit. PAGE 11 2021-1771 ORD2021-09 Remainder of Section Ame-nd Sec. 23-3-160. - No change. Renumber 7. and 8. as 8. and 9. e nts for the 13. --:LP the requirements contained in this Section. 4� -a-nd R-5 Zane Tab _2. oInd na--Zen- stricts re subject to S -c -::-y j - -;-n- Requirement R4 R4 R4 1` A. 6,000 6,000 6,000 6,000 6,000 -M-;, 4is3-{-sq. ft.) 670-04- 3,000 3,000 1,500 3,000 i. OT area DWELLING per . UNIT (sq-4t4-- C. MMinimum LOT wicith - 50- -- 50 50- 0 Minimum SETBACK (feet) 2-0- 20 20 20 20 1\11i-n-imum OFFSET (feet). Five (5) feet, or one (1) foot for each three f3)-fee4 of BUILDING HEIGHT, w� c '-er is rem., (0) for attach -ca -e u 1 N G�- g I ,zero � t-ed and e re located -L - along -��m- a wall meeting the i requirem-ents- party I I I 1 H.. i I I I^MITI I 3 0 3- 3- 5 3- �• i "I G H G HT cf t) �� 1. �l I ° ; ! -- -- 6-9- 70 60 .)) -- Maximum combi ied footprint of all - a - CTII E vimi im i im n- i ,.e1 A Q I T n I OT in !�_1 Zone-Dist-r-rc t, LINITS-pe-r � rrr�rrrr-rraT�T er LOT oner . MI- AL UNITS are i Med in the R-2, R-4--and-R-5 ---at Zone per D-itriC s -i-t . , Maximum numb LD seye (7 of ter 2) or more c PETS r ms per fa �cies. Remainder of —Section No change. Division 3 - Commercial Zone Districts Amend Sec. 23-3-210. C-1 (Neighborhood commercial) Zone District. A. thru D. — No change. E. Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or operation in the C-1 Zone District without prior approval of a land use permit from the Department of Planning Services. 1. and 2. — No change. Delete 3. and 4. 5. thru 7. — No change. Renumber as 3. thru 5. F. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained in the C-1 Zone District upon approval of a PAGE 12 2021-1771 ORD2021-09 permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. 1. thru 8. — No change. 9. TELECOMMUNICATIONS ANTENNA TOWERS over seventy (70) feet in height in accordance with Division 10 of Article II of this Chapter. Add 10. Any USE listed in Subsection C above, in conjunction with a pending or approved Use by Special Review permit. Remainder of Section — No change. Renumber 10. thru 12. as 11. thru 13. Amend Sec. 23-3-220. C-2 (General Commercial) Zone District. A. thru D. — No change. E. Uses Allowed by Permit. No LSE listed in this Subsection shall commence construction or operation in the C-2 Zone District without prior approval of a land use permit from the Department of Planning Services. 1. and 2. — No change. Delete 3. and 4. 5. thru 7. — No change. Renumoer as 3. thru 5. F. Uses by Special Review The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained in the C-2 Zone District upon approval of a permit in accordance with the requirements of Article II, Division 4 of this Chapter. 1. thru 5. — No change. 6. TELECOMMUNICATIONS ANTENNA TOWERS over seventy (70) feet in height in accordance with Division 10 of Article II of this Chapter. Add 7. Any USE listed in Subsection C above, in conjunction with a pending or approved Use by Special Review permit. Remainder of Section — No change. Renumber 7. thru 9. as 8. thru 10. Amend Sec. 23=3-230. C-3 (Business Commercial) Zone District. A and B. — No change. C. Uses allowed subject to Site Plan Review. The following USES shall be allowed in the C-3 Zone District following approval and recording of a Site Plan in accordance with Article II, Division 3, of this Chapter. 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 I-3. 1. AGRICULTURAL SUPPORT AND SERVICE. 2. thru 34. — No change. D. — No change. E. Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or operation in the C-3 Zone District without prior approval of a land use permit from the Department of Planning Services. PAGE 13 2021-1771 ORD2021-09 1. and 2. — No change. Delete 3. and 4. 5. thru 7. — No change. Renumber as 3. thru 5. F. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained in the C-3 Zone District upon approval of a permit in accordance with the requirements of Article II, Division 4 of this Chapter. 1. thru 7. — No change. 8. TELECOMMUNICATIONS ANTENNA TOWERS over seventy (70) feet in height in accordance with Division 10 of Article II of this Chapter. Add 9. Any USE listed in Subsection C above, in conjunction with a pending or approved Use by Special Review permit. Remainder of Section — No change. Renumber 9. thru 11. as 10. thru 12. Amend Sec. 23-3-240. C-4 (Highway Commercial) Zone District. A. thru D. — No change. E. Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or operation in the C-4 Zone District without prior approval of a land use permit from the Department of Planning Services. Delete 1. and 2. 3. thru 7. — No change. Renumber as 1. thru 5. F. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained in the C-4 Zone District upon approval of a permit in accordance with the requirements of Article II, Division 4 of this Chapter. 1. thru. 3. — No change. 4. TELECOMMUNICATIONS ANTENNA TOWERS over seventy (70) feet in height in accordance with Division 10 of Article II of this Chapter. Add 5. Any USE listed in Subsection C above, in conjunction with a pending or approved Use by Special Review permit. Remainder of Section — No Change. Renumber 5. and 6. as 6. and 7. Division 4 — Industrial Zone Districts Amend Sec. 23-3-310. I-1 (Light Industrial) Zone District. A and B. — No change. C. Uses allowed subject to Site Plan Review. The following USES shall be allowed in the I-1 Zone District following approval and recording of a Site Plan in accordance with Article II, Division 3, of this Chapter. 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. AGRICULTURAL SUPPORT AND SERVICE. PAGE 14 2021-1771 ORD2021-09 Delete 2. 3. thru 6. — No change. Renumber as 2. thru 5. Add 6. CONTRACTOR'S SHOPS. 7. thru 14. — No change. Add 15. Indoor USES of a manufacturing, fabricating, assembling or warehouse nature. 15. thru 30. — No change. Renumber as 16. thru 31. 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. CARGO CONTAINERS in accordance with Section 23-4-1100. 2. thru 6. — No change. E. Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or operation in the I-1 Zone District without prior approval of a land use permit from the Department of Planning Services. 1. and 2. — No change. Delete 3. and 4. 5. thru 7. — No change. Renumber as 3. thru 5. F. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained in the I-1 Zone District upon approval of a permit in accordance with the requirements of Article 11, Division 4 of this Chapter. 1. thru 10. — No change. 11. TELECOMMUNICATIONS ANTENNA TOWERS over seventy (70) feet in height in accordance with Division 10 of Article II of this Chapter. Add 12. Any USE listed in Subsection C above, in conjunction with a pending or approved Use by Special Review permit. Remainder of Section — No change. Renumber 12. and 13. as 13. and 14. Amend Sec. 23-3-320. 1-2 (Medium Industrial) Zone District. A. and B. — No change. C. Uses allowed subject to Site Plan Review. The following USES shall be allowed in the 1-2 Zone District following approval and recording of a Site Plan in accordance with Article II, Division 3, of this Chapter. 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. AGRICULTURAL SUPPORT AND SERVICE. Delete 2. PAGE 15 2021-1771 ORD2021-09 3. thru 7. — No change. Renumber as 2. thru 6. Add 7. CONTRACTOR'S SHOPS. 8. thru 28. — No change. 29. THEATERS and convention halls. 30. TRANSLOADING. Add 31. USES of a research, repairing, manufacturing, fabricating, assembling, PROCESSING, or storage nature. 31. — No change. Renumber as 32. 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. AIRSTRIPS. 2. CARGO CONTAINERS in accordance with Section 23-4-1100. 3. thru 7. — No change. E. Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or operation in the 1-2 Zone District without prior approval of a land use permit from the Department of Planning Services. 1. and 2. — No change. Delete 3. and 4. 5. thru 7. — No change. Renumber as 3. thru 5. F. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained in the 1-2 Zone District upon approval of a permit in accordance with the requirements of Article II, Division 4 of this Chapter. 1. thru 12. — No change. 13. TELECOMMUNICATIONS ANTENNA TOWERS over seventy (70) feet in height in accordance with Division 10 of Article II of this Chapter. Add 14. Any USE listed in Subsection C above, in conjunction with a pending or approved Use by Special Review permit. 14. and 15. — No change. Renumber as 15. and 16. Amend Sec. 23-3-330. 1-3 (Heavy Industrial) Zone District. A. and B. — No change. C. Uses allowed subject to Site Plan Review. The following USES shall be allowed in the 1-3 Zone District following approval and recording of a Site Plan in accordance with Article II, Division 3, of this Chapter. 1. — No change. PAGE 16 2021-1771 ORD2021-09 2. AGRICULTURAL SUPPORT AND SERVICE. 3. — No change. Delete 4. 5. thru 10. — No change. Renumber as 4. thru 9. Add 10. CONTRACTOR'S SHOPS. 11. thru 35. — No change. Add 36. USES of a research, repairing, manufacturing, fabricating, assembling, PROCESSING, or storage nature. 36. — No change. Renumber as 37. D. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in the 1-3 Zone District so ling as they are clearly incidental and ACCESSORY to an allowed USE and included on an approved and recorded Site Plan. 1. CARGO CONTAINERS in accordance with Section 23-4-1100. 2. thru 6. — No change. E. Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or operation in the 1-3 Zone District without prior approval of a land use permit from the Department of Planning Services. 1. and 2. — No change. Delete 3. and 4. 5. thru 7. — No change. Renumber as 3. thru 5. F. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained in the 1-3 Zone District upon approval of a permit in accordance with the requirements of Article II, Division 4 of this Chapter. 1. thru 11. — No change. 12. TELECOMMUNICATIONS ANTENNA TOWERS over seventy (70) feet in height in accordance with Division 1C of Article II of this Chapter. Add 13. Any USE listed in Subsection C above, in conjunction with a pending or approved Use by Special Review permit. 13. and 14. — No change. Renumber as 14. and 15. Division 5 - E (Estate) Zone District Amend Sec. 23-3-420. Accessory uses. The following BUILDINGS: STRUCTURES and USES shall be allowed in the E (Estate) Zone District so long as they are clearly incidental and accessory to an allowed USE. Note: The combined GROSS FLOOR AREA cf all ACCESSORY BUILDINGS constructed after the original effective date of this Chapter August 25, 1981 on LOTS of less than ten (10) acres in SUBDIVISIONS and HISTORIC TOWNSITES shall nod- exceed four (4) percent of the total LOT area. However, in no case shall sucr an ACCESSORY BUILDING in a SUBDIVISION or HISTORIC TOWNSITE exceed twice the GROSS FLOOR AREA of the principal DWELLING UNIT on the LOT PAGE 17 2021-1771 ORD2021-09 except by VARIANCE. Any ACCESSORY BUILDING made nonconforming by application of this Section may be repaired, replaced or restored in total. Exterior portions of all ACCESSORY BUILDINGS, including the roof, shall be constructed of ionreflective materials. Remainder of Section — No change. Amend Sec® 4-4308 Uses by special review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained in the E Zone District upon approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. a ea B. - _ N-e---thang R eteter 'a s- i � d U- -agd-N- S S Of --ST UB U -RE S I S- en 3-3- 131447 AC. thru F. - No change. Add G. Any USE listed in Section 23-3-425, in conjunction with a pending or approved Use by Special Review permit. G. and H. - No change. Reletter as H. and I. PAGE 18 2021-1771 GRD2021-09 nand -Sec. 2. 4 44O —B'. i recp i- m 's° e- f o i -e i rrg- - -ab a n nth -- u l d re q u w 4 _ r the E Z-nre- -s t4 c- . --` PW4ING ' J E� n_ s i e � �t t � . .g e nts-- o -ta i nec a this J ..,� are '#��✓'r5 s be' 2. �'i,.e d 9 � � 6 'as3 Section: A. @, Y 7 l N-Xu sh g D _ 0ete F. 4h -rug- L . -N - h -a- g -.e --R e i e- t . s ��-4 eie -d. _ a L. and M. - ---ch g- Re-ke4 s --h ar -J . Ad -d ---K. 1 i a com b i r . c-feci-. c, TR U W .x- - nrr--fe n�:� es -a t e - -=i=ce.; N� per-- -r-1 ® yet a LOwith—e——anARTICLE IV - Supplementary District Regulations and Zoning Permits Divisio 3 — Manufactured homes,, manufactured structres9 u;nd vehicles Amend L: ,ce 23- 440. N . n®transferable. ccupied recreation Upon determination of th-. Department of Planning Services, a Zoning Permit for a temporary or an annual use shall not be transferable by the applicant and/or owner to any successor. The Zoning Permit for a temporary or an annual use shall terminate automatically upon conveyance of the property. The MANUFACTURED HOME / MANUFACTURED STRUCTURE shall be removed from the property or a new Zoning Permit shall be applied for and approved. me Sec. 23®4450. Tep .r use during construction of residence. A zoning permit for the USE of a MANUFACTURED HOME or RECREATIONAL VEHICLE occupied as a TEMPORARY DWELLING UNIT during the construction of a permanent DWELLING UNIT on the same 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. Extensions of six-month increments beyond the above eighteen -moth period may be granted only by the Director of Planning Services. Remainder of Section — No change Am -lid Sec. 2344 6Temporary story a f unoccu • ied 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 Deparment of Planning Services subject to the following provisions: A. thru E. — No change. C. A zoning permit for TEMPOR-_PY storage of a MANUFACTURED HOME shall be for a period of six (6) months and any extensions shall be determined by the Director of Planning Services. Delete G. H. — No change. Reletter as G. PAGE 19 2021-1771 ORD2021 m09 Amend Sec. 23-4-170. Annual accessory farming use. A. A zoning permit for the annual USE of one (1) MANUFACTURED HOME for an ACCESSORY FARMING USE, on a LOT in the A (Agricultural) Zone District, in addition to a principle DWELLING UNIT, may be issued by the Department of Planning Services upon determination that 1. thru 4. — No change. 5. The MANUFACTURED HOME is not the first DWELLING UNIT on the parcel of land. The first DWELLING UNIT on the parcel of land does not require a zoning permit. Remainder of Section — No change. Amend Sec. 23.44 80. Annual accessory use during medical hardship. A. A zoning permit for the annual USE of a MANUFACTURED HOME during a medical hardship on a LOT in the A (Agricultural) Zone District, in addition to the principal DWELLING UNIT, may be issued by the Department of Planning Services upon a determination that: 1. thru 3. — No change. Add 4. The MANUFACTURED HOME is not the first DWELLING UNIT on the parcel of land. The first DWELLING UNIT on a parcel of land does not require a zoning permit. B. and C. — No change. Add D. A MANUFACTURED HOME permitted as a TEMPORARY USE during a medical hardship shall not have a permanent foundation. Amend Sec. 23-4-230. Delegation of authority. The Board of County Commissioners delegates the authority to issue a Zoning Permit for a MANUFACTURED HOME, MANUFACTURED STRUCTURE, or occupied RECREATIONAL VEHICLE which otherwise requires the approval of the Board of County Commissioners through a public hearing process to the Department of Planning Services upon a determination by the Department that: A. — No change. B. The Department of Planning Services has sent notice and not received signed notification of at least thirty percent (30%) of surrounding property owners within five hundred (500) feet of the subject property in opposition to the location of the MANUFACTURED HOME, MANUFACTURED STRUCTURE, or occupied RECREATIONAL VEHICLE within twenty-one (21) days. C. — No change. D. If the Department of Planning Services does receive signed notification that thirty percent (30%) or more of surrounding property owners within five hundred (500) feet of the subject property are in opposition to the permit, the Board of County Commissioners shall review the application for compliance with the criteria set out in this Division at a regularly scheduled meeting of the Board: 1. thru 4. — No change. PAGE 20 2021-1771 ORD2021-09 5. The Clerk to the Board shal arrange for legal notice of said hearing to be published in the newspaper designated by tie Board of County Commissioners for publication of notices at least ten (10) days prior to the hearing. 6. — No change. Division 6 — Wind Generators and Permitting Requirements Amend Sec. 23-4-450. Wind generator standards. WIND GENERATORS are allowed in certain zone districts as either ACCESSORY USES, as principal or ACCESSORY USES subject to Zoning Permit requirements of Section 23-4-460, or as principal or ACCESSORY USES subject a Use -by -Special Review Permit, per the height guidelines and maximum numbers or LEGAL LOTS, below. The height of a WIND GENERATOR is measured from the surrounding ground to the hub of the generator: Table 23.3 — No change. All WIND GENERATORS are subject to the following standards: A. and B. — No change. C. All WIND GENERATORS shall be set back from property lines, PUBLIC RIGHTS -OF- AY and access easements a distance of at least one (1) times the height of the generator as measured to the tip of the rotor blades or within a recorded fall zone easement that is a distance of at least one (1) times the height of the measured tip of the rotor blades. Remainder of Section — No change. Amend Sec. 23-4-475. Notification and appeal of denial. A. Once an application that is subject of this Division 6 is deemed complete by the Department of Planning Services, the Department of Planning Services shall send the application to applicable agencies listed in Appendix 23-G, as determined by the Department of Planning Services. The failure of any agency to respond within twenty-one (21) days may be deemed a favorable response. All REFERRAL agency review comments are considered recommendations. The authority and responsibility for approval and denial of :3 zoning permit rests with the Department of Planning Services. B. — No change. C. If the Department of Planning Services receives objections from the owners of at least thirty (30) percent of those notified within twenty-one (21) days, or if the Department of Planning Services determines the application does not meet all applicable criteria and requirements, the zoning permit shall be denied by the Department of Planning Services. 1. — No change. 2. If appealed, a public hearing shall be scheduled before the Board of County Commissioners and the Clerk to the Board shall send notice, mailed first-class, to the applicant and owners of LOTS within five hundred (500) feet of the subject property at least ten (10) days prior to he hearing. 3 — No change. PAGE 21 2021-1771 ORD2021-09 4. The Clerk to the Board shal arrange for legal notice of said hearing to be published in the newspaper designated by the Board of County Commissioners for publication of notices at least ten (10) days prior to the hearing. 5. and 6. — No change. 7. Notice is not required by state statute and is provided as a courtesy to surrounding property owners. Inadvertent errors by the applicant in supplying such list or the Clerk to the Board in sending such notice shall not create a jurisdictional defect in the permit process even if such error results in the failure of a surrounding property owner to receive such notification. 8. — No change. Amend Division 8 - Second Single -Family Dwelling Amend Sec. 23-4-600. Requirements for a second single-family dwelling. Where a second SINGLE-FAMILY DWELLING is permitted in Article III of this Chapter, the following criteria shall be met prior to issuance of a permit for said dwelling: A. The LOT shall be a LEGAL LOT and at least one (1) acre with PUBLIC WATER or two and one-half (2.5) acres with well water. B. — No change. C. Where Article III of this Chapter requires issuance of a zoning permit for a second SINGLE-FAMILY DWELLING, the process described in this Division shall be followed. Where Article III of this Chapter requires approval of a Use by Special Review for a second SINGLE- FAMILY DWELLING, the process in Division 4 of Article II of this Chapter shall be followed. Add D. thru F. D. Only one (1) permit for a second SINGLE-FAMILY DWELLING may be issued for each LEGAL LOT, where permitted. E. Adequate water and sewage disposal facilities shall be available for both principal and second SINGLE-FAMILY DWELLINGS. F. The second SINGLE-FAMILY DWELLING shall be compatible with surrounding area, in harmony with the character of the NEIGHBORHOOD and the immediate area. Add Sec. 23-4-610. Submittal requirements. An application for any zoning permit for a second SINGLE-FAMILY DWELLING shall include the following: A. Application form, which shall include parcel number(s) of the subject property; property acreage; name, address and telephone number of the property owner and applicant, if different from the property owner. The applicant shall sign the form. If the applicant is not the owner of the property, an authorization letter signed by the property owner shall be included. B. A copy of a deed or legal instrument identifying the applicant's interest in the property. C. Articles of Organization or Incorporation documents if the owner is a business entity. Include Statement/Delegation of Authority documentation. D. Trustee documents if the owner is a Trust. PAGE 22 2021-1771 ORD2021-09 E. A Statement of Taxes from the County Treasurer showing no delinquent property taxes for the property under consideration. F. A sketch plan of the site at the scale of one (1) inch represents fifty (50) feet or other suitable scale to show: 1. The proposed location of the second SINGLE-FAMILY DWELLING, including distances from the LOT lines and other STRUCTURES on the property. 2. Access to the second SINGLE-FAMILY DWELLING, indicating whether the access is existing or proposed. Access shall be shown on the sketch plan and shall be shared to the extent possible. Existing accesses shall be preferred. 3. Location and measurements of any easements or rights -of -way. 4. Number and length of road frontages. 5. Identification of any county, state or federal STREETS/ROADS or highways. 6. Existing STRUCTURES on the property. 7. Location of initial and replacement leach fields for any existing or proposed Onsite Wastewater Treatment Systems. G. Evidence that a water supply of sufficient quality, quantity and dependability is or will be available for each SINGLE-FAMILY DWELLING. A letter, permit, or bill from a water district, municipality, or the Division of Water Resources are examples of evidence. H. Evidence that adequate means for the disposal of sewage is or will be available for each SINGLE-FAMILY DWELLING in compliance with the requirements of the Department of Public Health and Environment. I. Application fees. J. A signed buffer report and affidavit of the names, addresses, and parcel numbers sif the surrounding property owners within five hundred (500) feet of the property. The buffer report shall expire thirty (30) days from preparation. Add Sec. 234-630. Procedure. A. The Board of County Commissioners delegates the authority to issue a Zoning Permit for a second SINGLE-FAMILY DWELLING on a LEGAL LOT in the A (Agricultural) Zone District, which otherwise requires the approval of the Board of County Commissioners through a public hearing process, to the Department of Planning Services upon a determination by the Department that: 1. The application is in compliance with the criteria identified in Section 23-4-600. 2. The Department of Planning Services has sent notice to and received signed response from no more than thirty percent (30%) of surrounding property owners within five hundred (500) feet of the subject property in opposition to the location of the second SINGLE-FAMILY DWELLING. Any notice not received within twenty-one (21) days shall be deemed a positive response of said request. B. Should the application not meet one or more of the criteria listed in Section 23-4-630.A, the Board of County Commissioners shall hear the application at a regularly scheduled meeting. PAGE 23 2021-1771 ORD2021-09 1. The Board of County Commissioners shall give notice of the application for a zoning permit and the meeting date to those persons listed in the application as owners of property located within five hundred (500) feet of the parcel under consideration. Such notification shall be mailed, first class, not less than ten (10) days before the scheduled meeting. Such notice is not required by state statute and is provided as a courtesy to surrounding surface estate owners. Inadvertent errors by the applicant in supplying such list or the Department of Planning Services i 1 sending such notice shall not create a jurisdictional defect in the permit process, even i= such error results in the failure of a surrounding property owner to receive such notification. 2. The Department of Planning Services shall post a sign for the applicant on the property in question indicating that a second SINGLE-FAMILY DWELLING has been requested for the property, the meeting date and telephone number where further information may be obtained. The sign shall be pi•sted at least ten (10) days prior to the meeting date and evidenced with a photograph. 3. The Board of County Commissioners shall review the application based on the approval criteria in Section 23-4-600. Division 11 — semi -Trailers as Amen • Sec. 23- -930. Deleg alrk "o ccess St v r: , ge tl r of authority. A. The Board of County Commissioners delegates the authority to issue a zoning permit for a SEMI -TRAILER which otherwise requires the approval of the Board of County Commissioners through a public hearing process to the Department of Planning Services upon a determination by the Department that: 1. — No change. 2. The Department of Planning Services has sent notice and has not received signed notification of at least thirty percent (30%) of surrounding property owners within five hundred (500) feet of the subject prperty in opposition to the location of the SEMI -TRAILER within twenty-one (21) days. B. — No change. C. If the Department of Planning Services does receive signed notification that thirty percent (30%) or more of surrounding property owners within five hundred (500) feet of the subject property are in opposition to the permitting of a SEMI -TRAILER as ACCESSORY storage, the Board of County Commissioners shall review the application for compliance with the criteria set out in this Division at a regularly scheduled meeting of the Board: 1. thru 4. — No change. 5. The Clerk to the Board shall arrange for legal notice of said hearing to be published in the newspaper designatec by the Board of County Commissioners for publication of notices at least ten (10) days prior to the hearing. 6. -- No change. PAGE 24 2021-1771 ORD2021-09 Division 12 — Parking of Commercial Vehicles Amend Sec. 23-4-980. Delegation of authority. A. The Board of County Commissioners delegates the authority to issue a zoning permit for a COMMERCIAL VEHICLE which otherwise requires the approval of the Board of County Commissioners through a public hearing process to the Department of Planning Services upon a determination by the Department that: 1. — No change. 2. The Department of Planning Services has sent notice and has not received signed notification from at least thirty percent (30%) of surrounding property owners within five hundred (500) feet of the subject property in opposition to the location of the COMMERCIAL VEHICLE within twenty-one (21) days. B. — No change. C. If the Department of Planning Services does receive signed notification that thirty percent (30%) or more of surrounding property owners within five hundred (500) feet of the subject property are in opposition to the permitting of a COMMERCIAL VEHICLE, then the Board of County Commissioners shall review the application for compliance with the criteria set out in this Division at a regularly scheduled meeting of the Board: 1. thru 4. — No change. 5. The Clerk to the Board shalt arrange for legal notice of said hearing to be published in the newspaper designated by the Board of County Commissioners for publication of notices at least ten (10) days prior to the hearing. 6. — No change. Division 13 - Home Occupation Permits Amend Sec. 23-4-990. Home occupation permit requirements. A. and B. — No change. C. Duties of Department of Planning Services and Board of County Commissioners for a CLASS II HOME OCCUPATION zoning permit. 1. Once a COMPLETE APPLICATION is submitted for a CLASS II HOME OCCUPATION, the Department of Planning Services shall refer the application to the applicable agencies listed in Appendix 23-G, as determined by the Department of Planning Services. The failure of any agency to respond within twenty-one (21) days may be deemed a favorable response. All REFERRAL agency review comments are considered recommendations to the COUNTY. The authority and responsibility for approval and denial of a zoning permit rests with the COUNTY. 2. — No change. 3. If the Department of Planning Services receives objections from at least thirty (30) percent of those notified within twenty-one (21) days, or if the Department of Planning Services determines the application does not meet all applicable criteria and requirements, the zoning permit shall be denied by the Department of Planning Services. PAGE 25 2021-1771 ORD2021-09 4. The Department cf Planning Services shall notify the applicant of the objections and the denial of the zoning permit. The Department of Planning Services shall also provide the applicant comments received from REFERRAL agencies. The applicant may appeal in writing to the Department of Planning Services within ten (10) days of receipt of the denial notice. If the applicant does not submit a written appeal within ssid ten (10) days, the denial shall be final. If appealed, the following process shall be followed: a. A public hearing s call be schedu ed before the Board of County Commissioners and Clerk to the Board shall send notice, mailed first-class, to the applicant and own: rs of LOTS within five hindred (500) feet .f the subject property at least ten (10) days prior to the hearing. b. — No chance. c. The Clerk to the Board shall arrange for legal notice of said hearing to be published in the newspaper designated by the Board of County Commissioners for publication of notices at least ten (10) days prior to the hearing. Remainder of Section — No change. Division 16 — Cargo containers Amend Sec. 23-4-1100. Cargo containers used for stor g, an office, a dwelling or any habitable use. A CARGO CO TAINER shall require the issuance of a building permit and compliance with all applicable provisions of this Code, including Article V of this Chapter. The following conditions shall apply: A. And B. — No change. C. CA - ' CONTAINERS °aside of Industrial (1-2 and 1-3) zone districts shall n be stacked on top of each other unless incorporated into a STRUCTURE. CARGO CONTAINERS in Industrial (1-2 and 1-3) zone dist-icts shall not be stacked more than three (3) containers high. Remainder of Section — No change. Division 17 — Zoning Permits for Certain Uses in the Agricultural Zone District Arta rid sj ec. 23-4-1200. Uses requiring zOnin!• er h pits in the agricultural zone district. Cal A. and B. — No change. C. If approved, the Zoning Permit Plan shall be recorded by the Department of Planning Services prior to commencement of the USE or construction. All Zoning Permit Plans shall be digitized with electronic signatures and seals or shall be delineated in nonfading permanent black ink on Mylar or other drafting media approved by the Department of Planning Services with original signatures wind seals in permanent black ink. The applicant shall pay the recording fee. If the required documents have not been recorded within ninety (90) days from the date f approval or if an applicant is unwilling or unable to meet any of the conditions within ninety (90) days of approval, the Director of Planning Services may refer the application to the Board of County Commissioners, which me,y revoke the zoning permit following a public hearing. The applicant shall be notified of the public hearing at least ten (10) days prior to the hearing. Prior to said hearing, the Director of Planning Services may grant a one-time extension of up to ninety (90) days, fcr good cause shown, upon a written request by the applicant. Before this extension has exaired, the applicant may seek a further extension from the Board of PAGE 26 2021-1771 ORD2021-09 County C•-mmissioners by written request to the Director of Planning Services. If the 90 rd f County Commissioners denies the extension r if the conditions are n met and the required documents recorded by the date specified by the Board, the zoning permit approval shall b voided, and the application denied. D. — No change. Add E. Any us C a allowed by a Zoning Permit f Certain Uses in the Agricultural Zone District may be permitted as a Use by Special Review when applied for in conjunction with a pending ,use by Special Review permit or as a minor amendment to an approved Use by Special �.eview permit in accordance with Article II, Division 4 of this Chapter. Amend Sec. 234-1220. Application requirerments. The following shall be submitted as a part of a zoning permit application: and P. — No change. C. A Zoning Permit Plan of the property, a draft of which shall be submitted in e ectrnic (.pdf) format and if approved shall be submitted on Mylar or other drafting media approved by tie Department of Panning Services. The ?oning Permit Plan sha I include, s applicable: 1. thru 6. — No change. 7. The Zoning Permit Plan shall bear the following certificate a. and b. — Nchange Remainder of Section o change. Amen Sec. 23-4-123 . otlfic tip• n ppeal of denial. Once an application that is subject of this Divisio i 17 is deemed complete by the Department of Planning Services, the Department •f Planning Services shall send the apolicoti n to pplic,bie agencies listed in Appendix 23-G, as determined by the Department of Planning Services. Tne failure of -airy agency to respond within twenty-one (21) d�,.ys may be deemed a favorable response. All REFERRAL agency review c•.mments are considered recommendations. The authority and responsibi ity for approval and denial oa a zoning permit rests with the epartment of Planning Services. B. The Dep.- rtment of Planning Services shall send notice, mailed first-class, to owners of LTS within five hundred (500) feet of the subject property notifying them o the application and their opportunity to object to the issuance of the zoning permit, which shall be submitted by returning the signed form sent by the Department of Planning Services within twenty-one (21) yydd Y .; ns: days C. Within sixty (60) days of receiving a COMPLETE APPLICATION, the Department of Planning Services shall provide a written report to the applicant and provide the applicant comments received from EFE ORAL agencies and any oi.jections received from the property •owners notified. The applicant shall be given the opportunity to revise the application to address the concerns raised. If the Director of Planning Services is satisfied with the applicant's efforts to address all concerns, the Director of Planning Services may approve the zoning permit. If the applicant is unwilling .r unable to address all concerns to the satisfaction of the Director of Planning Services, the Director of Planning Services shall schedule a public nearing before the rd of County Commissioners for its review ;end decision following a public iftaring PAGE 27 2021-1771 ORD2021-09 1. If scheduled for a publ c hearing before the Board of County Commissioners, the Clerk to the Board shall send notice, mailed first-class, to the applicant and owners of LOTS within five hundred (500) feet of the subject property at least ten (10) days prior to the hearing. 2. — No change. 3. The Clerk to the Board shal arrange for legal notice of said hearing to be published in the newspaper designated by the Board of County Commissioners for publication of notices at least ten (10) days prior to the hearing. Remainder of Section — No change. TICLE V ® OverL.ry Distracts Diicon 5 — Hist ric Ta s. nsEtes Overlay District end Sec. 23-5-430 Ren rernents. A. Building permits. The COUNTY will not issue a building permit for any STRUCTURE located within a HISTORIC TOWNSITE that enters the SETBACK or OFFSET established for the underlying zone district, or extends over LOT lines. A building permit application within a HISTORIC TOWNSITE shall require submission of a plot plan. No building permit shall be final, nor shall any certifi:ate of occupancy be provided until an Improvements Location Certificate (ILC) is sjbmitted. COUNTY staff shall verify that all STRUCTURES were constructed in substantial compliance with the plot plan. To obtain a building permit for a DWELLING UNIT in a HISTOR C TOWNSITE, the applicant must show the following: 1. and 2. — No change. 3. Access is or can be made available that provides for safe ingress and egress to a public road. All accesses shall be constructed in accordance with the requirements set forth in this Code. 4. Construction of all internal roads of the HISTORIC TOWNSITE may only occur pursuant to a Right -of -Way Use Permit issued by the Department of Public Works in accordance with this Code, to ensure positive drainage and to avoid conflicts regarding location of utilities. 5. The LOT is at leas-. two and one-half (2.5) acres in size with an individual well and Onsite Wastewater Treatment System (OWTS), or at least one (1) acre in size with a PUBLIC WATER supply and ORTS. A building permit for a LOT within a HISTORIC TOWNSITE which is smaller than two and one-half (2.5) acres in size on an individual well and OWTS or smaller than one (1) acre in size on a PUBLIC WATER supply may be approved by the COUNTY upon a review and determination by the WCDPHE that the LOT is capable of adequately accommodating the individual well and OWTS, as applicable. For the review by the WCDPHE, the applicant must provide: a. thru e. — No change 6. As a condition of approval of a building permit within a HISTORIC TOWNSITE, the applicant shall be required :bo obtain an approved Road Access Permit, pursuant to the provisions set ford- in this Code. Application for a Road Access Permit to a resubdivided LOT within a HISTORIC TOWNSITE shall include acknowledgement by the applicant that: PAGE 28 2021-1771 ORD2021-09 a. The platted STREET or road of the HISTORIC TOWNSITE from which access is sought will not be maintained by the COUNTY unless it is brought up to the standards and authorized for maintenance as set forth in this Code. b. — No change. B. Resubdivision. 1. Resubdivision within a HISTORIC TOWNSITE may be necessary to combine LOTS, change interior LOT lines, incorporate vacated RIGHTS -OF -WAY into LOTS, vacate property from a HISTORIC TOWNSITE, vacate RIGHTS -OF -WAY, or create additional LOTS, subject to the requirements of Chapter 24, Article IX of this Code and this Division 5. 2. In addition to the requirements and procedures for resubdivision provided in Chapter 24, Article IX of this Code, the following statement shall be included as a note on the resubdivision plat of property located within a HISTORIC TOWNSITE: Historic Townsites are an important part of Weld County's history, culture, and economy. These subdivisions were created in the late 19th and early 20th centuries. Persons moving into Historic Townsites must recognize and accept there are potential drawbacks in Historic Townsites that may not be present in modern subdivisions, including concerns related to stormwater drainage, water supply limitations, setbacks between wells and septic systems, road access, and road maintenance. Weld County does not maintain internal roads within Historic Townsites unless expressly authorized by resolution of the Board of County Commissioners. 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 29 2021-1771 ORD2021-09 The above and foregoing Ordinance Number 2021-09 was, on motion duly made and seconded, adopted by the following vote on the 7th day of July, A.D., 2021. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Steve Moreno, Chair Weld County Clerk to the Board Scott K. James, Pro-Tem Deputy Clerk to the Board Perry L. Buck APPROVED AS TO FORM: Mike Freeman County Attorney Lori Saine Date of signature: Publication: First Reading: Publication: Second Reading: Publication: Final Reading: Publication: Effective: May 4, 2021 May 26 2021 May 30, 2021, in the Greeley Tribune June 14, 2021 June 2C►, 2021, in the Greeley Tribune July 7, 2021 July 11, 2021, in the Greeley Tribune July 16, 2021 PAGE 30 2021-1771 ORD2021-09 Agricultural Production v. Agricultural Processing Ag support and Farm equipment service businesses sales 411110 1110 INS Oil extraction Elevator storage. Oil and Gas Facility / Support & Service O & G Facilities (wells) are defined and permitted anywhere per Chapter 21 J r M O & G Support and Service definition needed clarification � J ARTICLE II PROCEDURE & PERMITS se"' ' ' • — — • CLERK TO THE BOARD Procedural clarification ARTICLE III ZONE DISTRICTS Miscellaneous Updates Code references Consistency for towers and recreation Alphabetizing Options Combined Building Footprint Lot Coverage • Structures only • Includes pavement • Easy to determine • Impervious % calculations • A, E, R-1, R-2 Zones • Part of site planning ARTICLE IV ZONING PERMITS Nontransferable Zoning Permits A Some temporary manufactured homes 401S. WS Wel WS IiiiiiiiIII Semi storage Commercial vehicle parking Extensions, etc. • Director can authorize extension • 28 -day referral to zl-day referral period • Fall Zone easement allowed for wind generators • Stacked cargo containers :?;' $tF ; �rvr r'4'�.'-„�;�.smar'a^ :w - - _a.^t;.rr.�-ems �a•4=-A. ARTICLE V OVERLAY DISTRICTS Cheryl Hoffman Frm: Sent: Tm Subjec Yes. Michelle Wall Monday, May 10, 2021 9:29 AM Cheryl Hoffman RE: Code Changes Weld County Planning Department 1555 North 17th Avenue Greeley C 80631 Ph: 970.400®3531 Fx 97.304.6498 mwall weldgovocom 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: Cheryl Hoffman <choffman@weldgov.com> Sent: Monday, May 10, 2021 9:17 AM Term Michelle Wall <mwall@weldgov.com> Subject: RE: Code Changes Okay. Thank you Michelle. Was everything else okay? offma Deputy Clerk to the Board 1150 O Street/P.O. Box 758 Greeley, CO 80632 Tel: (970) 400.4227 choffman@weldgov.com From: Michelle Wall <mwall@weldgov.com> Sent: Monday, May 10, 2021 9:16 AM To: Cheryl Hoffman <choffmanweldgov.com> Subject: RE: Code Changes 2021-1430 1 Hi Cheryl, Angela made some tweaks which I think make it less confusing on Section 234-450.C. She also update Sec 23-5-430.A.5. by adding the acronym. Let me know if you have any questions. Thank you, Id Ceti] my Planning Department 1555 .north 17th _ °,,venue Greeley CO 80631 Ph: 97 a4 531 Fx: 970.3 4.6498 mwall@weld ;ovmc. m 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 ccmmunicati gin. 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: Michelle Wall Sent: Friday, May 7, 2021 8:46 AM To: Cheryl Hoffman <choffman@weldgov.com> Subj 'ct: Code Changes Cheryl, Here are the drafts of the resolutions and minutes. I am still waiting for staff to finish proofreading. The misspelling of one is also in the Wind Generator section...last sentence that was added. So basically every change is in that one paragraph, which should now read: Division 6 Motion: Amend Section 23-4-450.C. to read "All WIND GENERATORS shall be set back from property lines, PUBLIC RIGHTS -OF -WAY and access easements a distance of at least one (1) times the height of the generator (as measured to the tip of the rotor blades) or within a recorded fall zone easement that is a distance of at least one (1) times the height of the measured tip of the rotor blades. Moved by Tom Cope, Seconded by Dwaine Barclay. V te: Motion carried by unanimous roll call vote (summary: Yes = 8). Yes: Butch White, Dwaine Barclay, Elijah Hatch, Gene Stille, Lonnie Ford, Tom Cope, Troy Mellon, Sam Gluck. Let me know if you have any questions! 2 Weld C unity Planning Department 1555 Nrrth 17th Avenue Greeley CO 00631 Ph: 970.4®0.3531 Fr 970.304.649 mw&ll@weld ocrn D 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. 3 SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, May 4, 2021 IR 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 12:30 pm. gRoll Call. Present: Gene Stille, Tom Cope, Lonnie Ford, Elijah Hatch, Dwaine Barclay, Butch White, Troy Mellon. Absent: Skip Holland, Sam Gluck. Also Present: Angela Snyder and Tom Parko, Department of Planning Services; Bob Choate, County Attorney, and Michelle Wall, Secretary. Motion: Approve the April 20, 2021 Weld County Planning Commission minutes, Moved by Tom Cope, Seconded by Gene Stille. Motion passed unanimously. IJ CASE NUMBER: PRESENTED BY: REQUEST: ORDINANCE 2021-08 TOM PARKO AND ANGELA SNYDER IN THE MATTER OF REPEALING AND RENANCTING, WITH AMENDMENTS, CHAPTER 24 SUBDIVISIONS, OF THE WELD COUNTY CODE Tom Parko, Department of Planning Services, explained that throughout the year as the Planning staff helps applicants with their cases, they sometimes come across Code that makes the process difficult. As they come across issues, they take notes and later gather together to discuss and streamline the Code to be more useful. Staff then presents theiir recommendations to the Planning Commission and the Board of County Commissioners. Mr. Parko explained that staff is proposing Code to be changed to allow the largest lot of a Recorded Exemption created after August 3, 2010, to be vacated or amended smaller to allow the excepted portion to be divided into 35-arce tracts by deed. El, Angela Snyder, Department of Planning Services, stated that Planning staff is asking for recommendation of approval for Ordinance 2021-08 amending Chapter 24 Subdivisions, of the Weld County Code. Ms. Snyder said that staff is recommending the standard "The Rural Land Division (RLD) shall be at least one mile beyond a municipal boundary" be repealed. The nonurban requirement is that it be outside of a mile from sewer, not from the municipal boundary. Commissioner Cope said he has a problem with flag -pole annexations. Mr. Parko explained staff is trying to take care of that issue by changing the RLD boundary from the town's sewer, not the municipal boundary. Ms. Snyder explained staff is recommending removing the standard "The Lot Line Adjustment process does not create additional lots and shall not be used to evade the County subdivision regulations." Instead replace language with "Any parcel of land excluded through the Lot Line Adjustment process that is not incorporated into an adjacent lot shall not be less than 35 acres net. She explained that the excepted portion of the large lot of a Recorded Exemption could be split into 35 -acre tracts. Staff is proposing to add a "partial" option to the Recorded Exemption/Subdivision Exemption plat vacation. It allows a lot greater than 35 acres to be removed from an exemption plat. Commissioner Gluck joined the hearing at 12:40 pm. Ms. Snyder said the access and water need to be protected when creating a lot. Mr. Parko explained it is a State requirement with the Division of Water Resources the lot has to be at least 35 acres in order to get a full -use well. The Chair asked if there was anyone in the audience who wished to speak for or against this application. The Chair stated there were no audience members in today's hearing. Motion: Recommend Adoption of Ordinance 2021-08, Moved by Troy Mellon, Seconded by Butch White. Vote: Motion carried by unanimous roll call vote (summary: Yes = 8). Yes: Butch White, Dwaine Barclay, Elijah Hatch, Gene Stille, Lonnie Ford, Tom Cope, Troy Mellon, Sam Gluck. IR CASE NUMBER: ORDINANCE 2021-09 PRESENTED BY: TOM PARKO AND ANGELA SNYDER REQUEST: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING, OF THE WELD COUNTY CODE. l Tom Parko, Department of Planning Services, said that staff is trying to achieve more efficiency and make some processes easier. !mil Angela Snyder, Department of Planning Services, stated that Planning staff is asking for recommendation of approval for Ordinance 2021-09 amending Chapter 23 Zoning, of the Weld County Code. Ms. Snyder explained that the current Code definition for Agricultural Production refers to agricultural support and service businesses, such as farm equipment sales, oil extraction, and elevator storage but not to actual farming operations. This has caused some confusion in the agricultural sector. The common definition for Agricultural Production is commercial farming. Staff discussed the Auxiliary Quarter definition, which is often referred to as a mother-in-law suite. She said an independent dwelling unit, such as a basement apartment, is part of the main dwelling and can function as an independent unit. The Auxiliary Quarter has to share the same water and sewer services used by the rest of the home. Staff is recommending removing the 2.5 acre lot requirement. She explained the main house must be at least 16,000 sf, the Auxiliary Quarter has to be attached with a common roof and foundation and the unit has to be 50 percent less in size than the main house. Mr. Parko said that the current Code says that Auxiliary Quarters cannot be rented out. He explained that is hard to enforce and with the current marketing conditions and housing, removing the restriction will provide more flexibility and opportunities. Commissioner Mellon asked staff if an Auxiliary Quarter shares the same address as the main house. Staff replied that it does. Commissioner Stille asked if by removing the 2.5 acres lot requirement, is there will no longer an acreage requirement. Staff replied that there will not be a lot size requirement, but adequate water and septic are required for the addition. Ms. Snyder said staff is recommending removing Code that states that a lot within a Historic Townsite is a legal lot. Staff would like to add language that any lot at least 35 acres in size and not part of a plat approved by the County. Staff explained that Oil and Gas Facility is defined in Chapter 21, Article V. Ms. Snyder said that the Oil and Gas Department is in need of aligning existing definitions so they can prepare to make their Code changes. She said this will allow the Oil and Gas Department to make Code changes without then requiring the Planning Department to make those same changes in their Code sections. Ms. Snyder discussed their proposed Code changes to Article II — Procedures and Permit. If a lot has an approved and recorded Site Specific Development Plan and the zoning on the lot is changed to a zone district for which the existing use requires a SPR, the Director of Planning may waive the SPR application requirement if the existing use of the property is not changing or expanding. Any use allowed by approval of a SPR may be permitted as a USR when applied for in conjunction with a pending USR permit or minor amendment to an approved USR. Staff explained ZPAG and SPR as a USR. The uses allowed by zoning permit or SPR could be included in USRs. Ms. Snyder explained this will simplify complicated site permitting with one Site Plan per property. This provision does not include items requiring a WOGLA or a LAP from the Oil and Gas Department. Staff is recommending some miscellaneous updates in Article III — Zone Districts. They are updating to match changes in the definition section, adding references to applicable code sections and adding consistency with listing towers and miscellaneous recreation items where appropriate. Alphabetizing was fixed in several areas as well. Ms. Snyder stated that the "4% Rule" limits accessory buildings on lots in subdivisions and townsites. Lot coverage rules are "bulk requirements" and staff suggests moving lot coverage rules to the Bulk Requirements section. She said there is a fundamental issue with the 4% Rule. It only applies to accessory structures and not to principal structures. This encourages evasion as people come up with creative solutions to attach a barn or other outbuildings to the house to avoid have to apply for a USR. She said the 4% rule is meant to protect space/sunlight issues, and drainage, but it isn't working because it doesn't pertain to principal dwellings. Staff suggest moving to a 50% maximum building footprint model that will be more forgiving to owners in subdivisions in most situations but will also help curb the awkward evasion tactics. Staff is requesting that Nontransferable Zoning Permits are returned back into Code in Article IV, Zoning Permits. Temporary or annual zoning permits do not transfer with ownership. Ms. Snyder explained that extensions for temporary permits have to go before the Board of County Commissioners, and they are recommending that the Director of Planning has that ability. Ms. Snyder said that staff has found that 21 days is a sufficient time allotted for surrounding property owner and referral agency responses on administratively approved zoning permits, so staff is recommending to change the current notice period from 28 days to 21 days. Staff referenced the Wind Generator Fall Zone. The size of the blades changes periodically. This creates a problem with the listed setback rules. Adding the recommended fall zone easement provision similar to what is used for telecommunication towers will provide a solution. Ms. Snyder said this will allow the applicant to ask for permission from the adjacent landowners to go into the setback. Ms. Snyder said staff is proposing that Code allow for the ability of stacked cargo containers, 3 high, in the Industrial zones only, unless incorporated into a structure, such as a house or used as walls for a barn that has been stamped by an engineer. Commissioner Stille asked if the manufactured homes that are on a dairy would be transferrable if the dairy was purchase from a new buyer. Staff replied if the property has a USR that includes the manufactured homes, then it would transfer. If the dairy is a use by right and has manufactured homes on it, the property owner will have to apply for extensions annually. Commissioner Stille asked what happens in the case of an older trailer that will not meet Code. Staff replied that manufactured homes built prior to 1976, sometimes referred to as "pre HUD", are no longer allowed in the County. Mr. Parko explained how manufactured homes that are used for temporary Medical Hardship, are not transferrable. Commissioner Ford commented that he feels the height of a wind generator should be measured to the tip of the rotor blades for the fall zone. Mr. Parko explained how applicants decide to increase the size of the blades. Once they increase the blade, the generator no longer meets setbacks. He explained the applicant could request a fall zone easement with the property owner. Commissioner Ford said he would be more worried about the blades coming lose then the tower falling over. He feels the Planning Commission should consider the safety of the citizens by having fall zones. Motion: Keep the original language in Section 23-4-450.C. "as measured to the top of the rotor blades". Moved by Lonnie Ford, Seconded by Dwaine Barclay. Vote: Motion passed (summary: Yes = 6, No = 2, Abstain = 0). Yes: Dwaine Barclay, Gene Stille, Lonnie Ford, Tom Cope, Troy Mellon, Sam Gluck. No: Butch White, Elijah Hatch. Motion: Amend Section 23-4-450.C. to read "All WIND GENERATORS shall be set back from property lines, PUBLIC RIGHTS -OF -WAY and access easements a distance of at least one (1) times the height of the generator (as measured to the tip of the rotor blades) or within a recorded fall zone easement that is a distance of at least one (1) times the height of the measured tip of the rotor blades. Moved by Tom Cope, Seconded by Dwaine Barclay. Vote: Motion carried by unanimous roll call vote (summary: Yes = 8). Yes: Butch White, Dwaine Barclay, Elijah Hatch, Gene Stille, Lonnie Ford, Tom Cope, Troy Mellon, Sam Gluck. Ms. Snyder said that staff would like Second Single Family Dwelling permits to be in its own category instead of combined with ZPAG permits. Second Family Dwellings do not require site plan maps and have very few application requirements in comparison to most ZPAG applications. Staff reviewed Article V — Overlay Districts. Ms. Snyder said the Historic Townsite section had spelling, capitalization, and semantic updates only. The Chair asked if there was anyone in the audience who wished to speak for or against this application. The Chair stated there were no audience members in today's hearing. Motion: Recommend Amended Adoption of Ordinance 2021-09, Moved by Tom Cope, Seconded by Gene Stille. Vote: Motion carried by unanimous roll call vote (summary: Yes = 8). Yes: Butch White, Dwaine Barclay, Elijah Hatch, Gene Stille, Lonnie Ford, Tom Cope, Troy Mellon, Sam Gluck. The Chair asked the public if there were other items of business that they would like to discuss. No one wished to speak. The Chair asked the Planning Commission members if there was any new business to discuss. No one wished to speak. Meeting adjourned at 1:45 pm. Respectfully submitted, Michelle Wall Secretary BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Tom Cope, that the following resolution be introduced for approval by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application for: CASE NUMBER: PRESENTED BY: REQUEST: ORDINANCE 2021-09 TOM PARK() AND ANGELA SNYDER IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING, OF THE WELD COUNTY CODE. be recommended favorably to the Board of County Commissioners. Motion seconded by Gene Stifle. VOTE: For Passage Tom Cope Gene Stille Lonnie Ford Elijah Hatch Dwaine Barclay Sam Gluck Butch White Troy Mellon Against Passage Absent Skip Holland 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. CERTIFICATION OF COPY I, Michelle Wall, 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 4, 2021. Dated the 4th day of May, 2021 4,3cauf Werifit Michelle Wall Secretary CHAPTER 23 - Zoning ARTICLE I General Provisions Sec. 23-1-90. Definitions. AGRICULTURAL PROCESSING: PROCESSING of crops and other plants, including extracting oils from plants and canning of plants for distribution to retailers but does not include production of ethanol, alcoholic beverages, or activities listed in the definition of FARMING. AGRiCUL R AL—PPGDUCTIO-, �-; C -E - of craps -a-; t -h H n s R- -TU AL SERVICE -nd '-RED-CTRLM--i,G4-6 x tine fro-m-pi&Pcan -ne ° a is far ova st4b x elta i 9 ems, _ b--4 doe:.--;n•oS e p r chi -ti o- ap o� l -o alSb-- y eFaa esT AGRICULTURAL SUPPORT AND SERVICE: Establishments principally engaged in serving DAIRIES and FARMING & chi .,' Ga1 LURAL--RRg LP(' r aFatieRS excluding LIVESTOCK CONFINEMENT OPERATIONS, MEAT PROCESSING, ORGANIC FERTILIZER PRODUCTION!COMPOSTING FACILITIES, TRANSLOADING facilities, and COMMERCIAL TRUCK WASHOUT FACILITIES; and including but not limited to the following: a. Drying, packing, sorting, blending, and/or selling of crops and other plants not grown by the owner and/or operator of the property, b. Farm equipment sales, repair, and installation, c. Grain, seed, feed, fertilizer, herbicide, el pesticide, kerosene, and propane retail, wholesale, and service establishments, d. Irrigation companies, e. Produce and LIVESTOCK auctions, f. Produce wholesalers, g. Elevator storage and cold storage warehouses, h. Farmers markets, and i. Trucking companies principally engaged in the hauling of agricultural products such as crops, LIVESTOCK, DAIRY products, etc. J AGRICULTURAL PROCESSING. AGRI L- - AL S- b. 4. _ oT ANFDSiRA'IC E excludes the feHeS L@ STOC EKE NERAT !ON� ; wskykoraor aRGAF Tl , E ,; ODUCTION/COM R ; laIG--R.A-Ca PRA GOAD-I-NC4acilities, and - CO ER ° .J X W SHOW FACILITI r. AUXILIARY QUARTERS: One (1) or more interconnected rooms permanently attached to or located within a SINGLE-FAMILY DWELLING which are arranged, designed, used or intended for USE as a complete independent living facility for one (1) FAMILY. All AUXILIARY QUARTERS shall comply with the following requirements: The d OAT any --not tae, used -o 4 ' s —a -r-e4aL The -USE is sub ' r rn a 3 n p ease- as., 4 fl—sui€w s c-"ai i. ee' _ to-the e-d-s of e--e-ccu a nts of-theS I . MI— DWELLING -W'€4 ea. The GROSS FLOOR AREA of the SINGLE-FAMILY DWELLING shall be no less than one thousand six hundred (1,600) square feet in size. &hal benistas t2 CJ -=c am eb. The minimum GROSS FLOOR AREA of the AUXILIARY QUARTERS shall be no less than three hundred (300) square feet in--si-ze, and the maximum GROSS FLOOR AREA of the AUXILIARY QUARTERS shall not exceed fifty percent (50%) in s of the remaining GROSS FLOOR AREA of the SINGLE-FAMILY DWELLING.; oft :mod one thousand - G, ; oe --sib-624ce-f ,--i-n-s . oc. The AUXILIARY QUARTERS and the SINGLE-FAMILY DWELLING shall be attached by common roof and foundation. Qo QUARTERS an - e---A-2D-A, 4NC shall be ce e 4y -v p f3 P e bren\ s- art I -e p ^ a l wi d t . v' t, . h- t ex teri- -` �f-thAU) V JAR -ii ER - T d Vie rOf LEGAL LOT: As used in this Chapter, the term LEGAL LOT shall refer to any of the following: a _ A U 11 bn - a r p J TOWN SPPE—. . ba. Any LOT created prior to September 20, 1961, prior to the adoption of the Official Subdivision Regulations for Weld County, Colorado. eb. Any LOT created between September 20, 1961, and December 15, 1992, in compliance with the Official Subdivision Regulations, Weld County, Colorado, as amended (referred to as the "Weld County Subdivision Regulations"), and in conformance with the bulk requirements and other regulations of the zone district where the LOT is located. 4c. Any LOT created between December 15, 1992, and December 28, 2000, in compliance with the Weld County Subdivision Ordinance, Ordinance No. 173, as amended, and in conformance with the bulk requirements and other regulations of the zone district where the LOT is located. Any LOT created after December 28, 2000, in compliance with Chapter 24 of the Weld County Code, and in conformance with the bulk requirements and other regulations of the zone district where the LOT is located. e. Any LOT at least thirty-five (35) acres in size and not part of a plat approved by the COUNTY. A LEGAL LOT may not necessarily be a BUILDABLE LOT. OIL AND GAS FACILITY: As defined in Chapter 21, Article V. instaIafor the --ex$ c t-i-an, pc 3uctie w, --hdra v , s; eraaN r 4 -,-P�JRAL GAS1 ha y y ant-`q�l �dl�ll eat o- -' - s i-n- B o r n uv T u � �,• u , •,� o �� `ups o a�' a G�; o IC REc a A P Qom. -,DE CTS ri-H THAN 4 8 f(P° °`9 G I_ u o t Ape t? ate' �`d tf . P f �s k i" E2 I�11 a fI �-�-� -,�-�� , �� 6� �� -' � � � 3-��,---.�� .� used o �"n � ti:-��-n � S ��---��-O-�-Lam---a ,�� K� ,-LPF- OIL AND GAS SUPPORT AND SERVICE: J a Piran- -ncTation baseSr us-k-esses fr a — o Is e foliewi-Reg-44S-s-e-fa Establishments principally engaged in serving the oil and gas industry, including but not limited to: Repeal and Replace a. — h. with the following: a. Class I or II Underground Injection Control (UIC) wells, as defined by the US Environmental Protection Agency, b. Natural gas compressor stations, Natural gas processing facilities, including liquification (LNG) facilities, d Oil and gas company OFFICES, e OUTDOOR STORAGE yards for oil and gas equipment, including pipe laydown yards and parking/storage of drilling rigs, etc., f Trucking companies principally engaged in the hauling of drilling rigs, oil and gas, pipe for use in drilling, water, etc. OIL AND GAS SUPPORT AND SERVICE excludes the following: a. Manufacturing and HEAVY MANUFACTURING, including pipe manufacturers, b. OIL AND GAS FACILITIES, c. OIL AND GAS STORAGE FACILITES, d. PETROLEUM REFINERIES and coal gasification facilities, e. Pipelines and appurtenant facilities transporting petroleum products, f TRANSLOADING, UTILITY SERVICE FACILITIES. SECONDARY RECOVERY: A t-ethRique c1 injecting steam. water and sim la- -Leh-o4s-te4ce more of - de 4 All other definitions remain unchanged. ARTICLE II Procedures and Permits Division 3 Site Plan Review Sec. 23-2-150. Intent and applicability. A. L. — No change. M. If a LOT has an approved and recorded SITE SPECIFIC DEVELOPMENT PLAN and the zoning on the LOT is changed to a zone district for which the existing USE requires a Site Plan Review, the Director of Planning Services may waive the Site Plan Review application requirement, if the following applies: 1. The existing USE of the property is not changing or expanding beyond what is allowed without a Site Plan Review, as stated in Subsection E above; and 2. The approved SITE SPECIFIC DEVELOPMENT PLAN is in substantial compliance with the requirements of the new zone district, including but not limited to bulk requirements, design standards, and operation standards. N Any USE allowed by approval of a Site Plan Review may be permitted as a Use by Special Review when applied for in conjunction with a pending Use by Special Review permit or as a minor amendment to an approved Use by Special Review permit, in accordance with Division 4 of this Article. Division 4 Uses by Special Review Sec. 23-2-285. Minor amendments. A. — C. — No change D. The Planning Services Director may refer a Minor Amendment to the Board of County Commissioners and schedule a public hearing. If such hearing is scheduled, the staff shall: Board Clerk to the 1 Arrange for legal notice of said hearing to be published in the newspaper designated by the Board of County Commissioners for publication of notices at least ten (10) days prior to the hearing. 2 Give notice of the application and the public hearing date to those persons listed in the application as owners of property located within five hundred (500) feet of the parcel under consideration. Such notification shall be mailed, first-class, not less than ten (10) days before the scheduled public hearing. Such notice is not required by state statute and is provided as a courtesy to surrounding property owners (the surface estate). Inadvertent errors by the applicant in supplying such list or the e;k°-ice-6- Clerk to the Board in sending such notice shall not create a jurisdictional defect in the hearing process, even if such error results in the failure of a surrounding property owner to receive such notification. 3. The Department of Planning Services shall pRost a sign on the property under consideration in a location readily visible from the adjacent PUBLIC STREET/ROAD RIGHT-OF-WAY. The sign will be posted at least ten (10) days preceding the hearing date for the Board of County Commissioners' hearing. In the event the property under consideration is not adjacent to a PUBLIC STREET/ROAD RIGHT-OF-WAY, a second sign at the point at which the driveway (access drive) intersects a PUBLIC STREET/ROAD RIGHT-OF-WAY will be posted. The sign posting will be evidenced with a photograph. Remainder of section — No change. RTICLE in Zone Districts Division 1 A (AgricuturaI) Zone District Sec. 23-3m0. Accessory us.s outside of subdivisi • ns 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. 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. B. 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. C. — H. - No change I Swimming pools, tennis courts and similar ACCESSORY USES and STRUCTURES. WIND GENERATORS allowed as ACCESSORY USES in Section 23-4-450 of this Chapter. Sec. 23-345. Uses allowed by permit outside of subdivisions and historic townsites. No USE listed in this Section shall commence construction or operation in the A (Agricultural) Zone District on LOTS outside of SUBDIVISIONS and HISTORIC TOWNSITES without prior approval of a land use permit from the Department of Planning Services or Department of Public Health and Environment, as applicable. A. AGRICULTURAL T i-a Article IV of this Chapter. B. — P. — No change SUPPORT AND SERVICE permitted under Division 17 of 1011 ‘A a Pe nit R.. - d. o IA -GL-- L gal! bed tom-cy (Agrio ot.� ra/ o-e---Di-stria 1 Bpi- 1 1 ‘,. °-rA Permit has been issA� d o r �Yv B a.s, �s p ,.�,t 6 �+(J a tl 6 e a s .a^ _ a Permit tl e �,, in accord -an _ e �, = app 'i:-Cation end hearing p- e ure forth in Are -e' Qbapter 21 of this -Cedes. R. - A RAL G'•ti ' or F IPE9 IVES m PE -- ---P-a - gaUOTHER THAN N °� -L-Ga'-feted under r oon 11 of ,- --i -Wn °�f this Cha g�, y �G'i� e 'feted under o e b..r o its 5 this I v.3 e: iii e Reletter subsequent items Sec. 23-3-40. Uses by special review outside f subdivisions and historic townsites. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained on LOTS outside of SUBDIVISIONS and HISTORIC TOWNSITES in the A (Agricultural) Zone District upon approval of a Special Review Permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter, or Article II, Division 5, in the case of MAJOR FACILITIES OF PUBLIC UTILITIES OR PUBLIC AGENCIES. A. -T. — No change U. NONCOMMERCIAL TOWERS requiring approval of a Use by Special Review Division 10 of Article IV of this Chapter. V.-HH. — No change II. TELECOMMUNICATION ANTENNA TOWERS requiring approval of a Use by Special Review, as detailed in Division 10 of Article IV of this Chapter. JJ. — KK. — No change LL. Any USE allowed by permit listed in Section 23-3-35, in conjunction with a pending or approved Use by Special Review permit. MM.WIND GENERATORS requiring the issuance of Special Review Permit under Division 6 of Article IV of this Chapter. , as detailed in 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. �' ;- or ,b1-iod R FEA o II -A -CC S ` Q --Y rtW4 �"r aere o ac e d af` , i a ae..�Fes i - y � �, s�� d :�--��5---'�-�0 � ern--! T l ocs� than t��-;�� .�>� � � � � SL-Wand H c STO-R-[CaJ', E S s h; -- p u r (4) ped- ent of the total L O --area- x- ,�-t r n -R e 4 �� € a -;r�- ati�ro n A i-sue_ s , ''�,ra ! shaU c ;�- ,, -'-- �=; Me y , m. F- - tan d s . k' we e , n no-case—sh afl- meh a ;q-A,C-C O ' BL N-G--e-xseed iee a R. -S-EL O O R`AREAp 9n, -o l-D-WEll L-11 N G- J NC on S RU TURFRA-8,48-449-1R-Gagorrert 1icatiO hi -s -S -o n; - Paif\.4-anar- te•F l in total- A. 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. B. One (1) CARGO CONTAINER C. -G. -No change H. S in accordance with Section 23-4-1100 per LEGAL LOT. wimming pools, tennis counts and similar ACCESSORU USES and STRUCTURES. I. WIND GENERATORS allowed as ACCESSORY USES in Section 23-4-450 of this Chapter. Sec. 23-3-55. Uses allowed by permit in subdivisi ns and historic townsites. No USE listed in this Section shall commence construction or operation in the A (Agricultural) Zone District on LOTS in SUBDIVISIONS and HISTORIC TOWNSITES without prior approval of a land use permit from the Department of Planning Services or Department of Public Health and Environment, as applicable. AGRICULTURA SUPPORT AND SERVICE, A. AGRITAINMENT, agriculture -related EVENT FACILITIES, AGRITOURISM, and HUNTING LODGES permitted under Division 17 of Article IV of this Chapter. B. -L. -No change M. O- N- -G —S- - -L- -I-Et--S s mla 'tn r-Di sion 10 of Acti -I ft of thiss-G-lcfapterT N. P PaiNE S i`,. � a AS -or- - al i X -L ---RET E. biNrPP—a—EH—ER —WAN d � de,r Division 11 of-Af -c4 —this C p = ri- `mil �"�!"'U� +� Y u a .e. � u Reletter subsequent items Sec. 23-3-6©. Uses by special review in subdivisions. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained on LOTS in SUBDIVISIONS in the A (Agricultural) Zone District upon approval of a Special Review Permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. A. ACCESSORY BUFLDINGS th GROSS FLOC-ARroa=cent of the total LOT are taileo ,n ection 23-3-50 above, B. ACG-�-BICULTURAL PRODUCTION. CA. ANIMAL BOARDING and animal TRAINING FACILITIES where the maximum number of ANIMAL UNITS permitted in Section 23-3-70.D below is exceeded or traffic to and from the facility exceeds sixty (60) daily trips. B. BUILDINGS or STRUCTURES exceeding the maximum footprint, as detailed in Section 23- 3-70.G. Reletter subsequent items C. -X. Y. TOWERS, NONCOMMERCIAL requiring approval of a Use by Special Review, as detailed in Division 10 of Article IV of this Chapter. Z. TOWERS, TELECOMMUNICATION ANTENNA requiring approval of a Use by Special Review, as detailed in Division 10 of Article IV of this Chapter. AA. Any USE allowed by permit listed in Section 23-3-55, in conjunction with a pending or approved Use by Special Review permit. ZBB. USES similar to the USES listed as permitted as long as the USE complies with the general intent of the Zone District. A—CC.WIND GENERATORS requiring the issuance of Special Review Permit under Division 6 of Article IV of this Chapter. Sec. 23-3-65. Uses by special review in historic townsites. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained on LOTS in HISTORIC TOWNSITES in the A (Agricultural) Zone District upon approval of a Special Review Permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. A. ACCESSORY BIM -WINGS FL! ! total LOT Pea; as-deta-i-lee = Section 23-3-32 2. AGRECULTUR-AA lour (4) percent of the GA. AIRPORTS and AIRSTRIPS, including crop -dusting operations. DB. ANIMAL BOARDING and animal TRAINING FACILITIES where the maximum number of ANIMAL UNITS permitted in Section 23-3-70.D below is exceeded or traffic to and from the facility exceeds sixty (60) daily trips. C. BUILDINGS or STRUCTURES exceeding the maximum footprint, as detailed in Section 23- 3-70.G. Reletter subsequent items D. -II. JJ. TOWERS, NONCOMMERCIAL requiring approval of a Use by Special Review, as detailed in Division 10 of Article IV of this Chapter. KK. TOWERS, TELECOMMUNICATION ANTENNA requiring approval of a Use by Special Review, as detailed in Division 10 of Article IV of this Chapter. KKLL. TRANSLOADING. MM. Any USE allowed by permit listed in Section 23-3-55, in conjunction with a pending or approved Use by Special Review permit. ,eCNN. USES similar to the USES listed as permitted as long as the USE complies with the general intent of the Zone District. MMOO. WIND GENERATORS requiring the issuance of Special Review Permit under Division 6 of Article IV of this Chapter. Sec. 23-3-70. Bulk requirements. The following lists the bulk requirements for the A (Agricultural) Zone District. Land in the A (Agricultural) Zone District is subject to the requirements contained in this Section. A. Minimum LOT size: 1. Thirty-five (35) acres-; or 2. L- s S Less than thirty-five (35) acres a _ and :Tin (act y .th-P ! kilg , - -SP , as de4o &4 n- -fJ sn a. Created prior to September 20, 1961, prior to Weld County Subdivision Regulations; or Created between September 20, 1961 and August 30, 1972, in compliance with the Weld County Subdivision Regulations; or dc. Created between August 30, 1972 and December 15, 1992, in compliance with the Weld County Subdivision Ordinance; or ed. Created between December 15, 1992, and December 28, 2000, in compliance with Weld County Subdivision Ordinance No. 173; or fe. Created after December 28, 2000, in compliance with Chapter 24 of the Weld County Code. B. -F. — No change G. The combined footprint of all STRUCTURES, excluding fences, in SUBDIVISIONS and HISTORIC TOWNSITES shall not exceed fifty percent (50%) of a LOT without an approved Use by Special Review permit. Division 2 Residential Zone Districts Sec. 23-3-110. R-1 (Low -Density Residential) Zone District. A. -C. -No change D. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in the R- 1 Zone District so long as they are clearly incidental and ACCESSORY to an allowed USE.Nate; c m o4ned-G- F a Q of all ACCE R B L'4Q-N GS Co; '� d{ t =he J~� �,+ u J � � ��, n � �i � ass. � � `'-' i �J f c ive c -a -t-h- s -Chapter (August 25, 1981-)-o-n LOT -S-02 less tnw a e -! - P424Q S-anl C T OMSITES s a I {4c- --ed-eu ;-4-)-p ser d o Mf tal- r area, 1, kii-� _ -I Q s ll d J,er--oe--t- -RUA-d� - --1-op anent �-a rd e e A a_ r g a -a s c l q�� ES �i �D f R r� 1' �- "� i r �i. �'�i ms's~ on a� . [it j Vf�lf-J�-�`�✓i er'�i �3' r y � �%, � t r � + u�,a� s It—`_. � -�-u i a'7�' -JaR I C T 1 SREE exceed twice the RO S F R& n.2 the pri4pa-l--Q ° - g -N , � a R -the except 1b R LANCE `s� ,rp J ,� C � S Y 1 -t dpp � �P� i r J i i "``a. �..✓-'.i"""-am '� ' 6 �„>'"� d y 0."c d d5"'i'� ,r"'d m../ `Qs' ��/"'"- J e e !�, a ..i u u 1& p-- lai- t-i on n -a- -bee repa i # o S- o - - --i -i I- 1. -4. -No change E. Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or operation in the R-1 Zone District without prior approval of a land use permit from the Department of Planning Services. 1. HOME OCCUPATIONS - CLASS I permitted under Division 13 of Article IV of this Chapter. 7 One (1) NONCOMMERCIAL TOWER between forty (40) and seventy (70) feet in height per LEGAL LOT permitted under Section 23-4-895. 0 _ O -t1- -D-C-- A Q Fiat L I T I E i .104 Y O A A Permit v..' Y e `'..i tea:. x r end �0 e.e � - .' - ,��' I ,- `�� 1�3 (Low n t 3�� d is l) Z o n e1 ,"' t iic - � t l -a ¶6 ACG—LAP rm i t , [' _ _ � d ..,. x i 1 we is �! �' � Pbl�9� Q � E. �i�� 6 EF`.+i v � e� tirl 6' 6 -h-a-s-bee-n4ssued in.cordan-e— M h _ the -app icaElon-2 n procedures Solt in Article V, Cher 21 ° -t-s Corr P I P E L I E s =-o TUaA '-P-E-L I-N-E.R-Q-' E ULI P RO D4 °TS-g-TH lam' TW\N 4. �rn-i-tted under i- .on of Art- I`e I -I - s-Gh r 53. WIND GENERATORS requiring a zoning permit under Division 6 of Article IV of this Chapter. F Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained in the R-1 Zone District upon approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. 1 �Art R` UI-L-D-IQ�S �° h 'ROSS =L I �� larger t► z,cr (4) percent of the t e�1 T `L.l-a as s d e 6 a i i - d in Subpar �.J�i �` h -D- -2 1� F e-. 21. BED AND BREAKFAST FACILITIES. 2. BUILDINGS or STRUCTURES exceeding the maximum footprint, as detailed in Section 23- 3-160. 3. -7. - No change 8. Any USE listed in Subsection C above, in conjunction with a pending or approved Use by Special Review permit. 89. USES similar to the USES listed as permitted as long as the USE complies with the general intent of the Zone District. 910. WIND GENERATORS requiring the issuance of Special Review Permit under Division 6 of Article IV of this Chapter. Sec. 23-3-120. R-2 (Duplex Residential) Zone District. A. -C. -No change D. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in the R- 2 Zone District so long as they are clearly incidental and ACCESSORY to an allowed USE. Not -e= T ha-Giapi-i-, s G oSS FLOOR-AREAof all AC ORte' B - a -- -, ci,c 5 d after the § °'' , g 2 TS l n ) e 4 �n-�z-� �(��-u�-� f � ,198-1) o� Q �O e � of less ss 6ha, � n 1 a �c� �-�Y� Sta -p IVISION S--aptcl-H9 OR 0 � shay t exiseed Four (4) + the to al -LOT area, rte, o, p -g --b n R g4G a -�P9 d' B Areas (zo U ,v w)T w h t o..s F c a I Q-acth-` F -8 z JA Sv e tep �nen4 a G - s . H ems=° -ever, in --o--Gass--s-h all su�- ern E s n exceed -twice the �Y.�a`y - 0RP "' of tlra 4r-i `1 DWELLING' T—fie L 'T sx ept b h R C E. s Aj AC -CPS -89R Dl- LC --t -mad ea - n coy- fer- o a`g-by a•G2so- Q i G-- s -S ioQ -sy-b r , _ Paced -or remrod in tott-ak 1.-4. -No change E Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or operation in the R-2 Zone District without prior approval of a land use permit from the Department of Planning Services. 1. HOME OCCUPATIONS - CLASS I permitted under Division 13 of Article IV of this Chapter. 2. One (1) NNCOMMERCIAL TOWER per LEGAL LOT between forty (40) and seventy (70) feet in height per LEGAL LOT permitted under Section 23-4-895. it AND- SACI-L per --i-t-ted under D ision 1,44tiicl- -I-c this Ch - P RE U -N ----- A=� AS-ec-Pi-R E-�°- . PET-RO--L E 1 --R D- . i is ed under o' S k- P 3--1 --fab ! a i d e a e -e i&rt 53. WIND GENERATORS requiring a zoning permit under Division 6 of Article IV of this Chapter. F Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained in the R-2 Zone District upon approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. 1. ACC ` � -1 _! 11 4 ith-a- � - Q-� - f� 4 '�F t n ,p -e �-, Hof ' Y e t✓�- ' - Q -s � h u � irr �"� d � t �1 u""S 1`�d� o u � �'�' � ice tote1 apeal _ fr -1 e -el - n P- , a a aph—�, v BUILDINGS or STRUCTURES exceeding the maximum footprint, as detailed in Section 23- 3-160. 2. -6. -No change 7. Any USE listed in Subsection C above, in conjunction with a pending or approved Use by Special Review permit. 4-'8. USES similar to the USES listed as permitted as long as the USE complies with the general intent of the Zone District. 89. WIND GENERATORS requiring the issuance of Special Review Permit under Division 6 of Article IV of this Chapter. Sec. 23-3130. R-3 (Medium -Density Residential) Zone District. A. -C. -No change D. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in the R- 3 Zone District so long as they are clearly incidental and ACCESSORY to an allowed USE. Nate; The s e Mned-G-RO S ` -F -�A o 0,11 -AC C -r SSQLRag-LD G• & S d-a-ft-ar t • 2P d � 25, _ ;r ') 1a �a r, p � i�� fi'' if � � • �y¢�q;..rr" t 11�� firie(py�.y.��.lp��za n a'h try t P n spy... Q{/�qy- r{{+ >l .f..�;7-u- 9-8 I� }-rte• i 1 T� ..sr,_ �v_r, r •ry{..y;.�,4�i, - n "/-' Y��Y U \� 1 06 Y��9 4.A �b Y Cs On+ ��9C-��J-I -t II � �3n 0 Y l�b�Od Y ��t��-'l-Augls/J '�� 3 �r J Y / i Y �Y b C.d � 6 I� Y �'caV Y Y lS'@.4 '� � titdl�'�o'1��9�. Y Y S -U' - l , —an -il _ l i S-�f �, C PQ NL84 T E Soh l4 -,n -e -t e�e�-�r-(-petrce R of the 11 L- - T a - 0 3 a"- .r`as J � � o� �J � b tir s`a �+ _ •e `�"�✓ er U �b 'd -'u � J ti � i u ea ex-se-pt-i-tral RegiiGRa-U-r &&c (� �� ,, h— a o n -B R A de e ; r_rant sa-n-a-r-dweYn-ne--eas-e s M J-.L‘)-Lchr n —AC E S S O. XB o 11 11 L Pa -4 t- P ay So n. -- H11t 11 T , T�,. Q LT E e x_Ge t.a t f O a SAric p ire p e 11[ i� q �-4E� L 4 Y Y . -• u �t"�'J-u �d-�'Y�l �L= � ya � � mr �� `c �h �r"'u �ll-emu n�e�' �� J �.iS :�-r�'ii7`1,�iS� �NG UN 11 h -1 O T e,. e, \ ,� t� a (� rt`' �`� I �' e fir" l 9 1 ll i �, rp R �;, 41 c �. '� t�- J �'S1 J�n� � `6�c' u,,� ��tc � �. V u�if'll-�+� .-b� C-d`�,/-,'-'TV��-��d�if�a yl� - Y s u d"J'R� a '�� i�• u d '- thea i. � _ o f t' h-i€-ti--Se a ' --n beareel p e e d o; v- as to reed i , a-1- 1. -4. -No change E Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or operation in the R-3 Zone District without prior approval of a land use permit from the Department of Planning Services. 1. HOME OCCUPATIONS - CLASS I permitted under Division 13 of Article IV of this Chapter. 2. One (1) NONCOMMERCIAL TOWER between forty (40) and seventy (70) feet in height per LEGAL LOT permitted under Section 23-4-895. 3 O -I L AN A LA -A C 11 t1-11 0� IE S rr i sG q-darr-D-- co -4 -e -n- —g-o rti _ cite- --ef ; i s Chapter. GAJ E --...,Q-�'LE V O NATURAL GArm-itte 1---upflAsion 1 1- -dole W e4 -t -is UCTS, OTHER THAN r 53. WIND GENERATORS requiring a zoning permit under Division 6 of Article IV of this Chapter. F Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained in the R-3 Zone District upon approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. 1. ACCESSORYQ— F LD-11-N-G-h--a-,;- C--Sss-,, L ,E1Marg p 49 r --(4)- tcn-l-of _ she ea, as detaits-d—i-n—Supara-gr - p BUILDINGS or STRUCTURES exceeding the maximum footprint, as detailed in Section 23- 3-160. 2.-6. -No change 7. Any USE listed in Subsection C above, in conjunction with a pending or approved Use by Special Review permit. 7-8. USES similar to the USES listed as permitted as long as the USE complies with the general intent of the Zone District. 89. WIND GENERATORS requiring the issuance of Special Review Permit under Division 6 of Article IV of this Chapter. Sec. 234-140. R-4 (High -Density Residential) Zone District. A. -C. -No change D. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in the R- 4 Zone District so long as they are clearly incidental and ACCESSORY to an allowed USE. S -1 ' ' 3 a 1rcpcORS3-LP-L fl,G Can S dCtSd-a ec4he o -P gd-e-f4sG - de4e o- i s -pr --u-g-L-Ist 25, IS --LO-TS-- f- --' s ° da te-n 0) acre � �'I -'t-- � � - Y at (/-1)- e-FGe o rEh a total -LOT ��y ry� ti e x g a� p� n- d PL�;r a �, v p / �r �_ R L A r Lam snail adhere v> �. 9 �3 �Y`ti't.ts'�i, , �e.. F8 ksr'e� �� '��-1 u'-+�'�'9 e� t § �.x ��..a � s.. . a e'�"��. e. tl� p a' �d-ti"�"`'-�+' ti �i �"h y A�V� �� as ��1 ,�{,`�B"c a �d'�'+�� u �a u la' l s _ Ho A fP i n � �ti�' K 1 ' m p ts-- B n— ] n C C �l-r� 'Q�L� W E' 4J U G — �� . u u % t"� , a d1e� a"�d�d�i��s� tl�3`s'� t•� aye a t..S & e r : �rI `4� ems• -�° ,� u u R—AREk f- ; a e \NE -N . t h L O Tr �®� by 'JAN E aPa ` CCES L -B D - 3� � d e n O F 's �y •J"`c.�`u �� '� u`�s r'e: �r'�"p��" F ( � d � d-` �a.,a` ,r'-3 a 4 � � B o-t� u \. u u <s'"�i-�* '6y+' �a 6 '�.M Y1�'� n id u u Y a`R: ..mac V��+' a'`4 i -42 �ips-ge ion may os � ``jt , u sofacod-or- estore in dl �s .e a Y `sue � YV`� � e a � � k 1. -4. -No change E. Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or operation in the R-4 Zone District without prior approval of a land use permit from the Department of Planning Services. 1. HOME OCCUPATIONS - CLASS I permitted under Division 13 of Article IV of this Chapter. 2. One (1) NONCOMMERCIAL TOWER between forty (40) and seventy (70) feet in height per LEGAL LOT permitted under Section 23-4-895. X01-- N!- - Q , ---FAa (I d-T--i-E S f arm :Saki -is -ion 10 : -f- Ieie-ft- f a i s Ch - ter. / 0P E� Q?IE?�� Q`mq�TU L GA _ °-n r -P EU fly: _ l�E� Q P4- uR DQ )p(IC T,y{�(E!R pf�fAAj� a � u eo �V"lf"'tf•L-, t�.J�"a V N �tt-u � ��.�. gar. �' � `.��, i��fi,� L.d p' ii-Ali'-`d-yd'p 1I��'�r.Jif Vl� il�s' �a�-'-•�S�ta u-L•`i�tf�ti li G"�ifd'-r-lf� r ir'gf' i r r ; i� g p n �r � p� F � �c e d"'u`3'3'; G �r �a.4_y�'_` s i'�'+� '� o� -53. WIND GENERATORS requiring a zoning permit under Division 6 of Article IV of this Chapter. F Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained in the R-4 Zone District upon approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. 1. CC E �-I B.� ; ( o NIP i th--a Can � Q- r. �`R `�- rg e r than f o A rte( c ^sue r rr c� � f the. ACC '�' ,t-� 1�' �' 'u'1f"� � +. ad � a1i- d a a a a � w+ -9 �c✓a "iba-�� • V � � a to 1 T- aoa, as t o y—° Sbpa- gr rrD e°. BUILDINGS or STRUCTURES exceeding the maximum footprint, as detailed in Section 23- 3-160. 2. -6. -No change 7. Any USE listed in Subsection C above, in conjunction with a pending or approved Use by Special Review permit. 78. USES similar to the USES listed as permitted as long as the USE complies with the general intent of the Zone District. 89. WIND GENERATORS requiring the issuance of Special Review Permit under Division 6 of Article IV of this Chapter. Sec. 23-3-150. R-5 (Manufactured Home Residential) Zone District. A. -C. -No change D. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in the R- 5 Zone District so long as they are clearly incidental and ACCESSORY to an allowed USE. -Mt II)' c�,m ce G R p ---C O A P of aM CC ES SO Y 8..L & Pa -t d---af"e 4=-t tl� ��.+�a=1'ti �'h"� i n � o.� a� a $'�.*"�' ,�" R d'�`�� aL �6,rJ� o a �/ �:� `�'� '-il— -� u t� t �'"' � O"u +.. �i•"a odgin-1 e.i�`�..fi e _ ;te his Chapter OW ,st 25, 2 ) �`'�.T S o sew °h n ` n �� w,r�re 9�`1 u a a u � I a � � a a � � a, � this • sJ a o o+a �'I e, ��7��' ' J a.� © d�*a i�' f I � ad �v`ll-e a��i �"1��'`i 3"�� +� Q �s s o iiYi H fl a R IC— QWNSfE S -sa e 6 cG-d=fc )-psi o - t l a _ V tat- 1- h im a- j I� A, W h i J h s aAI—a re : e to R U� a tv-So o m e - r =s —H = ever, k°d-n-o-Gass a. X11- sh--a-n- GCE SS O 6 8-U I° I Q -i-n a SUSS— 3 _ N or /0 HIS,O P 4 C T- WN-S-I-T-E-ex-&aed PM s- h- ROSS FLOOR -AREA -of t b, .a ti-o-a-t-i- -f-� hfi-s esf -n ma 1. -4. -No change A--y--ACCESSORY BU L_MNG made nonconforming repa-i- -ealased-e-r-restored in total, E Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or operation in the R-5 Zone District without prior approval of a land use permit from the Department of Planning Services. 1. HOME OCCUPATIONS - CLASS I permitted under Division 13 of Article IV of this Chapter. 2. One (1) NONCOMMERCIAL TOWER between forty (40) and seventy (70) feet in height per LEGAL LOT permitted under Section 23-4-895. O- � �a _F CILITIES pe m €1-,-1.n r Division 10 c Ara-ti-d-e-!-I-of PPEL11-NES ` Th4RAL GAS e-PWEL-n " zS PETHROLEUM---ODUC" S- ATU-R et GAS-oecm fitted -u f-Artisk-3 -1, --e'th Chapter. - 4PHAN 53. WIND GENERATORS requiring a zoning permit under Division 6 of Article IV of this Chapter. F Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained in the R-5 Zone District upon approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. 1. ACCESS Nith aC cc nn rGe, total LOT area, as detaited in $6ibror2graph D above: BUILDINGS or STRUCTURES exceeding the maximum footprint, as detailed in Section 23- 3-160. 2. -6. -No change 7 Any USE listed in Subsection C above, in conjunction with a pending or approved Use by Special Review permit. =-8 USES similar to the USES listed as permitted as long as the USE complies with the general intent of the Zone District. 89. WIND GENERATORS requiring the issuance of Special Review Permit under Division 6 of Article IV of this Chapter. Sec. 23-3-160. Bulk requirements. Table 23.2 below lists the Bulk Requirements for the R-1, R-2, R-3, R-4 and R-5 Zone Districts All BUILDINGS, STRUCTURES, USES, and land in the Residential Zone Districts are subject to the requirements contained in this Section. Table 23.2 Bulk Requirements for R-1, R-2, R-3, R-4, and R-5 Zone Districts Section Requirement R-1 R-2 R-3 R-4 R-5 A. Minimum LOT size (sq. ft.) 6,000 6,000 6,000 6,000 6,000 B. Minimum LOT area per DWELLING 6,000 3,000 3,000 1,500 3,000 UNIT (sq. ft.) C. Minimum LOT width 50 50 50 50 50 D. Minimum SETBACK (feet) 20 20 20 20 20 E. Minimum OFFSET (feet). Five (5) feet, or one (1) foot for each three (3) feet of BUILDING HEIGHT, whichever is greater, or zero (0) for attached DWELLING UNITS, where permitted and where located along a party wall meeting the requirements of Chapter 29 of the Weld County Code. F. Maximum BUILDING HEIGHT (feet) 30 30 30 45 30 G. 1. Maximum LOT COVERAGE (%) 50 - 6 - 60 70 60 2. Maximum combined footprint of all 50 50 - - - STRUCTURES (% of LOT) H Maximum number of ANIMAL UNITS permitted per LOT Two (2) per LOT in R-1 Zone District, ANIMAL UNITS are not permitted in the R-2, R-3, R-4 and R-5 Zone Districts. Maximum number of HOUSEHOLD PETS per premises Up to four (4) of one (1) species or a total of seven (7) of two (2) or more species. Remainder of Section — No change vision 3 Co r erdd l Zone Districts Seca 23-3-210. n-1 (N ighborhood Commercial) Zone '-Istricto A. -D. -No change E. Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or operation in the C-1 Zone District without prior approval of a land use permit from the Department of Planning Services. 1 One (1) MANUFACTURED HOME per LEGAL LOT, when used as living quarters for caretaker or security personnel responsible for maintaining or guarding the property, permitted under Division 3 of Article IV of this Chapter. 2 One (1) NONCOMMERCIAL TOWER between forty (40) and seventy (70) feet in height per LEGAL LOT permitted under Section 23-4-895. LlTIES. 1041 \Pal G l. Perm it R g w i d —N °► N D►. S -F C I' s g Y sha l—devalo p. B � e o a � o Y a � G 6 � u�:,. 4a 3 . o � � d" to rt�-a' � � u o i "k`? D o �..� '5 i��i,.+ c c+ �s o xd ' in th Ilethoed--fie -tee-ciaa) Zane District until 1-0 4 VVOG � Permit �--��• � �`'' s� s , g�c ems, s•a, ° � a tl ar as a f a � ��'�� Vpwe Permit l a a i eo has-been n i ss sd— "� ac Qf' Ord a n c e � � p.,p- p • o t ₹ as 7 ° � »a �i e tl e,> � ir: � �+ i �eY v,d 6.4" t :s fad a sy -i-noarthc,e V, C1 pr 21 of this Code. G v6 EL4NES N-A�d �`AL GAS § or m oP cam,L5R S o ETd LEU:v P NATU R ,L—GASted under D t-si-Gn 11 of Article W -e, -n 4sr- 53. TELECOMMUNICATIONS ANTENNA TOWERS between thirty-five (35) and seventy (70) feet in height permitted under Division 10 of Article IV of this Chapter. 64. TEMPORARY seasonal USES permitted under Division 7 of Article IV of this Chapter. 75. WIND GENERATORS requiring a zoning permit under Division 6 of Article IV of this Chapter. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained in the C-1 Zone District upon approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. 1. -8. -No change 9. TELECOMMUNICATIONS ANTENNA TOWERS over seventy (70) feet in height in accordance with Division 10 of Article II of this Chapter 10. Any USE listed in Subsection C above, in conjunction with a pending or approved Use by Special Review permit. X11. USES similar to the USES listed as permitted as long as the USE complies with the general intent of the Zone District. 1112. Veterinary clinics or animal hospitals. 1-x°13. WIND GENERATORS requiring the issuance of Special Review Permit under Division 6 of Article IV of this Chapter. Sec. 23-3-220. C-2 (General Commercial) Zone Districts A. -D. -No change E. Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or operation in the C-2 Zone District without prior approval of a land use permit from the Department of Planning Services. 1. One (1) MANUFACTURED HOME per LEGAL LOT, when used as living quarters for caretaker or security personnel responsible for maintaining or guarding the property, permitted under Division 3 of Article IV of this Chapter. 2. One (1) NONCOMMERCIAL TOWER between forty (40) and seventy (70) feet in height per LEGAL LOT permitted under Section 23-4-895. ILDL i z P RE -Tq i-rP, e= `- -(Ge- -F Cornmer-S't been iss n rrnr ° - / shear ter 4-'i Q- L �-P�.� .s F-m-i-t-eq ��O1-LAND-GAS FACT-� - s .� g i b d s 4 �' S. 0 Fr a v.a a b+ ar. tl � � atl � g �{a 9 �t/��0 �� a �•d /�flI �-.6 '¢ ��F, J�i��9�('1 .s,� Zeal - r • e� c. 0 7 • tra-4 A A W1 �i - L a 4' t ` -- d `' '--� &- re s dance wi un u tha L `ONES,- NATURAL GA PELNE-2S - PETSa--EaF DU TS OTHER THAN AS 4S e a tl n.� - - ' i vi - E— J d-A-rt i Gi e —H 'f- l i G -a- 53. TELECOMMUNICATIONS ANTENNA TOWERS between thirty-five (35) and seventy (70) feet in height permitted under Division 10 of Article IV of this Chapter. 64. TEMPORARY seasonal USES permitted under Division 7 of Article IV of this Chapter. 75. WIND GENERATORS requiring a zoning permit under Division 6 of Article IV of this Chapter. F Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained in the C-2 Zone District upon approval of a permit in accordance with the requirements of Article II, Division 4 of this Chapter. 1. -5. -No change 6. TELECOMMUNICATIONS ANTENNA TOWERS over seventy (70) feet in height in accordance with Division 10 of Article II of this Chapter. 7 Any USE listed in Subsection C above, in conjunction with a pending or approved Use by Special Review permit. -78. USES similar to the USES listed as permitted as long as the USE complies with the general intent of the Zone District. g9. Veterinary clinics or animal hospitals. 9.10. WIND GENERATORS requiring the issuance of Special Review Permit under Division 6 of Article IV of this Chapter. Sec. 23-3-230. C-3 (Business Commercial) Zone District. A. -B. -No change C. Uses allowed subject to Site Plan Review. The following USES shall be allowed in the C-3 Zone District following approval and recording of a Site Plan in accordance with Article II, Division 3, of this Chapter. 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. AGRICULTURAL Qat-CT-ON 2. -34. -No change D. -No change. SUPPORT AND SERVICE E. Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or operation in the C-3 Zone District without prior approval of a land use permit from the Department of Planning Services. 1. One (1) MANUFACTURED HOME per LEGAL LOT, when used as living quarters for caretaker or security personnel responsible for maintaining or guarding the property, permitted under Division 3 of Article IV of this Chapter. fJ� 2 One (1) NONCOMMERCIAL TOWER between forty (40) and seventy (70) feet in height per LEGAL LOT permitted under Section 23-4-895. 3 OQ D G - FACI,LmE C . 1011 VrV� O G LA Pe m; r a R U r a: .--O-1-L - p D GAS FACILITYQ � � p{��s-h a l l be de 994 A `a" f "'. s s .C o ��ry m ,�j Z ir�"`. E �' f'•�?- p 'v. '�:r" l�d_ --i—l�'a� q -.. 'e r' t h -as 3 B Ire Y� e� a� !n+ ��9-i d t racial) . t a i j a Cc i 9 c u.a e v b o". s a i _ y 7 i� be ued in -accordance w the atep° t4on an h -a4 rocedures sot forth in A4 /- 1f t h -s --c4 . 4 P! P E !3 -4 N —TUB -.. _ car ETR ^C -- 9 — O D U' TS niTHFR MAN- NA -Ti �R. -I—CN2- Frnitted of t-hts Ch ter. TELECOMMUNICATIONS ANTENNA TOWERS between thirty-five (35) and seventy (70) feet in height permitted under Division 10 of Article IV of this Chapter. (64. TEMPORARY seasonal USES permitted under Division 7 of Article IV of this Chapter. 75. WIND GENERATORS requiring a zoning permit under Division 6 of Article IV of this Chapter. F Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained in the C-3 Zone District upon approval of a permit in accordance with the requirements of Article II, Division 4 of this Chapter. 1. -7. -No change 8. TELECOMMUNICATIONS ANTENNA TOWERS over seventy (70) feet in height in accordance with Division 10 of Article II of this Chapter 9. Any USE listed in Subsection C above, in conjunction with a pending or approved Use by Special Review permit. 810. USES similar to the USES listed as permitted as long as the USE complies with the general intent of the Zone District. 1-011. Veterinary clinics or animal hospitals. 1--12. WIND GENERATORS requiring the issuance of Special Review Permit under Division 6 of Article IV of this Chapter. Sec. 23-3-240. C-4 (Highway Commercial) Zone District. A. -a -loo change E. Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or operation in the C-4 Zone District without prior approval of a land use permit from the Department of Planning Services. 1 41 °f -LA ®e,' i` ns irarl IAiNn GAS FACILITY shr -l-1 Le G; I in the 4 -:ig hwa (--C e - e-reia-1 - - i of u nt-i-I-S-O-G _ LA Petprprict-loras 'aespHssuced co ke wil ca -ti 6n ant.LiR e nr ek res se4-farth in Article V, Chia - ter 21 of- �- s Code: - 2. P o P L N _ .� T -G, S or P . � NIE S - ...�ETP a- ��--� ! P -� � �°° e -Ems.'- - .—y a �. o� � e ti s� �'- �4"_'�.+� �a� � 0'1 c=.. e a ti �� a �. a � �. � S_`d ,�"�,_i.-.�"_"'6�-� i u9 � �� ice, 11 9g � ��" g �F` �^ � g �p��' �^y Ch -2 i-e ti i-v-is �(-'o i -9 3 A �J s h S.a' tl to e € a �S'1 s 31. One (1) MANUFACTURED HOME per LEGAL LOT, when used as living quarters for caretakers or security personnel responsible for maintaining or guarding the property, permitted under Division 3 of Article IV of this Chapter. 42. TEMPORARY seasonal USES permitted under Division 7 of Article IV of this Chapter. 53. WIND GENERATORS requiring a zoning permit under Division 6 of Article IV of this Chapter. TELECOMMUNICATIONS ANTENNA TOWERS between thirty-five (35) and seventy (70) feet in height permitted under Division 10 of Article IV of this Chapter. One (1) NONCOMMERCIAL TOWER between forty (40) and seventy (70) feet in height per LEGAL LOT permitted under Section 23-4-895. €4. F°ses by Special Review. The following BUILDINGS, STRUCTURES and USES may be construct ttc, occupied, operated and maintained in the C-4 Zone District upon approval of a permit in accordance with the requirements of Article II, Division 4 of this Chapter. 1. -3. -No change 4. TELEC • MMUNICATIONS ANTENNA TOWERS over seventy (70) feet in height in accordance with Division 10 of Article II of this Chapter 5. Any USE listed in Subsection C above, in conjunction with a pending or approved Use by Special Review permit. USES similar to the USES listed as permitted as long as the USE complies with the general intent of the Zone District. 67. WIND GENERATORS requiring the issuance of Special Review Permit under Division 6 of Article IV of this Chapter. DM&oon noluistrial Zone Distracts Sec. 23-3-310. I-11 (Light Industrial) Zone District A. -No change C. Uses allowed subject to Site Plan Review. The fallowing USES shall be allowed in the I-1 Zone District following approval and recording of a Site Plan in accordance with Article II, Division 3, of this Chapter. Any USE c.ncucted outside •f an ENCLOSED BUILDING shall be SCREENED from adjacent PU = LIC RIGHTS -OF -WAY and ADJACENT LOTS in any Zone District other 1-3. 1. AGRICULTURAL PROD--L-CN SUPPORT AND SERVICE I�A,� `�� y' USE �'. � ,�', •� s-�d e � s {� �� r�� v yam' !� 1/'� v' � � P �1 y'� � 2. A n rR-G kd+' L U S �. as a E �:a' cif did• �a Mc a i n �I -2 BREW PU=S, BREWERIES, DISTILLERIES, and WINERIES. 43 CAR WASHES and gas stations. 64 COMMERCIAL SCHOOLS. 65 COMMERCIAL STORAGE BUILDINGS 6. CONTRACTOR'S SHOPS. 7. -14. -No change 1 1 a s 'd d 15. Indoor USES of manufacturing, fabricating, assembling or warehouse nature. 1516. LAN t617. _ UJ X18. OFFICES. X19. OUTDOR ST SCAPINC COMPANIES. BERYS/WOODWORKING. RAGE f PUBLIC utility -related equipment. 1-920. PET CREMATORIES. 2Q21. Police, ambulance, and fire stations or facilities. 2422. RECREATIONAL FACILITIES, COMMERCIAL, PUBLIC and PRIVATE. 2223. REPAIR SERVICE ESTABLISHMENT. 2324. RESTAURANTS. 2425. RF T AIL/SERVICE ESTABLISHMENTS with a total GROSS FL• AREA of uo thous. nd (3,000) square feet per LEGAL LOT. three 2526. SCHOOLS, private. 227. SMALL SCALE SOLAR FACILITY, subject to the additional requirements of Section 23-4- 1030. 2728. THEATERS and convention halls. a829. VEHICLE RENTAL, SALES, SERVICE and/or REPAIR ESTABLISHMENTS. 2-930. Veterinarian clinics and animal hospitals. 3--031. WHOLESALE TRADE ESTABLISHMENTS. 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. CARGO CONTAINERS in accordance with Section 23-4-1100 .2. -6. -No change E Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or operation in the I-1 Zone District without prior approval of a land use permit from the Department of Planning Services. 1. One (1) MANUFACTURED HOME per LEGAL LOT, when used as living quarters for caretaker or security personnel responsible for maintaining or guarding the property, permitted under Division 3 of Article IV of this Chapter. 2 One (1) NONCOMMERCIAL TOWER between forty (40) and seventy (70) feet in height per LEGAL LOT permitted under Section 23-4-895. fl . 2 1-O4A ` O- ° -mssrmit - d. No Olt 64 G �r CIL i- Y shall be deveped WOOL ,-Per-mit s been isS �i N in --accord a ri- -h-e app cation and-h-sa-fipeg procedures set foot I. C-i a "fir 21 of this Code - 4 P1R L ES - NA U —GAS or -n -R ROL- n PRODUCTS OTHER THAN \- 0 v s c . �h i e a ��. ,� u3 /�]�y - sJ "& 1 e [�-e-P 2 1 vq, tr E� i f � 6 & fl�O �b• 1 �,i d-r� _d`j � � � 6�A Wo 6 6 'A�J e �0��, 3 TELECOMMUNICATIONS ANTENNA TOWERS between thirty-five (35) and seventy (70) feet in height permitted under Division 10 of Article IV of this Chapter. 64 TEMPORARY seasonal uses permitted under Division 7 of Article IV of this Chapter. 75 WIND GENERATORS requiring a zoning permit under Division 6 of Article IV of this Chapter. F Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained in the I-1 Zone District upon approval of a permit in accordance with the requirements of Article II, Division 4 of this Chapter. 1. -la -No change 11. TELECOMMUNICATIONS ANTENNA TOWERS over seventy (70) feet in height in accordance with Division 10 of Article 11 of this Chapter 12. Any USE listed in Subsection C above, in conjunction with a pending or approved Use by Special Review permit. 1-213. USES similar to the USES listed as permitted as long as the USE complies with the general intent of the Zone District. -1414. WIND GENERATORS requiring the issuance of Special Review Permit under Division 6 of Article IV of this Chapter. Sec. 23-3-320. I-2 `Medium Industrial) Zone District. A. -B.- No change C. Uses allowed subject to Site Plan Review. The following USES shall be allowed in the 1-2 Zone District following approval and recording of a Site Plan in accordance with Article II, Division 3, of this Chapter. 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. AGRICULTURAL PP SUPPORT AND SERVICE 2. A -USE of a resew. pai - :nnufa-eturing, fabricati-ng, a la ling, PROCESSING, _ o_r stip nat6wee- 2. Asphalt or concrete batch plants. 43. BIOSOLID and DOMESTIC SEPTAGE disposal subject to Chapter 14 of this Code. 54. BREWERIES, DISTILLERIES, and WINERIES. 65. CAR WASHES and gas stations. 76. COMMERCIAL STORAGE BUILDINGS. 7 CONTRACTOR'S SHOPS. 8. CUSTOM MEAT PROCESSING. 9. DISTRIBUTION CENTERS. 10. Golf courses. 11. Headquarters or service facilities for taxi services, bus services and other services involving the transportation of people. 12. HELIPORTS. 13. INDOOR SHOOTING RANGES. 14. LANDSCAPING COMPANIES. 15. LUMBERYARDS/WOODWORKING. 16. OFFICES. 17. O I L AND GAS STORAGE FACILITIES. 18. OIL AND GAS SUPPORT AND SERVICE. 19. OUTDOOR STORAGE. 20. OUTDOOR STORAGE of PUBLIC utility -related equipment. 21. ORGANIC FERTILIZER PRODUCTION/COMPOSTING FACILITIES. 22. Parking areas and parking STRUCTURES. 23. PET CREMATORIES. 24. Police, ambulance, and fire stations or facilities. 25. RACING FACILITIES. 26. REPAIR SERVICE ESTABLISHMENT. 27. RETAIL/SERVICE ESTABLISHMENTS with a total GROSS FLOOR AREA of up to three thousand (3,000) square feet per LEGAL LOT. 28. SMALL SCALE SOLAR FACILITY. 29. TRANSLOADINGT THEATERS and convention halls. 30. TI -1 -EATERS -and convention haft TRANSLOADING. 31. USES of a research, repairing, manufacturing, fabricating, assembling, PROCESSING, or storage nature. 3432. VEHICLE SERVICE/REPAIR ESTABLISHMENTS. 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 /f BUILDING shall be SCREENED from adjacent PUBLIC RIGHTS -OF -WAY and ADJACENT LOTS in any Zone District other I-3. 1. AIRSTRIPS. 2. CARGO CONTAINERS 3.- 7. -No change Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or operation in the 1-2 Zone District without prior approval of a land use permit from the Department of Planning Services. 1. One (1) MANUFACTURED HOME per LEGAL LOT, when used as living quarters for caretaker or security personnel responsible for maintaining or guarding the property, permitted under Division 3 of Article IV of this Chapter. 2 One (1) NONCOMMERCIAL TOWER between forty (40) and seventy (70) feet in height per LEGAL LOT permitted under Section 23-4-895. in accordance with Section 23-4-1100 Lo 0 —AND GA -S-- i -»- Deryaitte l HofArbe k a in Ch pS. - �� E S- � a P 'J-RAL GAS or •P! P E LI-N- S P E TaRQD4JC F S O-'! o ANr -�N M U L I'A L G� p itt , a uMe r fl-`� . . r �' L 9- s a— ,e . d �-�=�-��. GAS �� v�ssor� 1 �-g�a �� -� �y :�--� ��, 53. TELECOMMUNICATIONS ANTENNA TOWERS between thirty-five (35) and seventy (70) feet in height permitted under Division 10 of Article IV of this Chapter. 64. TEMPORARY seasonal USES permitted under Division 7 of Article IV of this Chapter. =5. WIND GENERATORS requiring a zoning permit under Division 6 of Article IV of this Chapter. F Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained in the 1-2 Zone District upon approval of a permit in accordance with the requirements of Article II, Division 4 of this Chapter. 1.4 2. -No change 13. TELECOMMUNICATIONS ANTENNA TOWERS over seventy (70) feet in height in accordance with Division 10 of Article II of this Chapter 14. Any USE listed in Subsection C above, in conjunction with a pending or approved Use by Special Review permit. 4415. USES similar to the USES listed as permitted as long as the USE complies with the general intent of the Zone District. 516. WIND GENERATORS requiring the issuance of Special Review Permit under Division 6 of Article IV of this Chapter. Sec. 23-3-330. I-3 (Heavy Industrial) Z -ne District A. -B. -No change C. Uses allowed subject to Site Plan Review. The following USES shall be allowed in the 1-3 Zone District following approval and recording of a Site Plan in accordance with Article II, Division 3, of this Chapter. 1 ADULT BUSINESS, SERVICE or ENTERTAINMENT ESTABLISHMENT subject to the provisions of Article IX of this Chapter. 2. AGRICULTURAL a QD Coor SUPPORT AND SERVICE. 3. AIRSTRIPS and AIRPORTS, including crop -dusting operations. A. .P�. � � ri' of a Y'� �'�a,.c-"�` � {9'�'5 Y' F � P'91 i =`a�"< 9 ti B 7 6m+ "i _ �"+ .� � � I �[i�L�@ �.•� ��.' Fes_ -�.� s � E r e-ss �@ h, epaf i•�u 3'" i , o u [ $ nu 6�.ic�.$ y i3 d 0 inlet � !A./!Yi fg 'c E6 SI- V , 'x.01 646 -pa', -go na,tu €4. Asphalt or concrete batch plants. : 5. BIOSOLID and DOMESTIC SEPTAGE disposal subject to Chapter 14 of this Code. :6. BREWERIES, DISTILLERIES, and WINERIES. 87. CAR WASHES and gas stations. -98. COMMERCIAL STORAGE BUILDINGS. -49. COMMERCIAL TRUCK WASHOUT FACILITIES. 10. CONTRACTOR'S SHOPS. 11. CUSTOM MEAT PROCESSING. 12. DISTRIBUTION CENTERS. 13. Golf courses. 14. Headquarters or service facilities for taxi services, bus services and other services involving the transportation of people. 15. HELIPORTS. 16. INDOOR SHOOTING RANGES. 17. LANDSCAPING COMPANIES. 18. LUMBERYARDS/WOODWORKING. 19. MEAT PROCESSING. 20. OFFICES. 21. OIL AND GAS STORAGE FACILITIES. 22. OIL AND GAS SUPPORT AND SERVICE. 23. ORGANIC FERTILIZER PRODUCTION/COMPOSTING FACILITIES. 24. OUTDOOR STORAGE. 25. OUTDOOR STORAGE of PUBLIC utility -related equipment. 26. Parking areas and parking STRUCTURES. 27. PET CREMATORIES. 28. Police, ambulance, and fire stations or facilities. 29. RACING FACILITIES. 30. REPAIR SERVICE ESTABLISHMENT. 31. RESEARCH LABORATORIES. 32. RETAIL/SERVICE ESTABLISHMENTS with a total GROSS FLOOR AREA of up to three thousand (3,000) square feet per LEGAL LOT. 33. SMALL SCALE SOLAR FACILITY, subject to the additional requirements of Section 23-4- 1030. 34. THEATERS and convention halls. 35. TRANSLOADING. 36. USES of a research, repairing, manufacturing, fabricating, assembling, PROCESSING, or storage nature. -3637. VEHICLE SERVICE/REPAIR ESTABLISHMENTS. 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. CARGO CONTAINERS 2. -6. -No change in accordance with Section 23-4-1100 E. Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or operation in the 1-3 Zone District without prior approval of a land use permit from the Department of Planning Services. 1. One (1) MANUFACTURED HOME per LEGAL LOT, when used as living quarters for caretaker or security personnel responsible for maintaining or guarding the property, permitted under Division 3 of Article IV of this Chapter. 2. One (1) NONCOMMERCIAL TOWER between forty (40) and seventy (70) feet in height per LEGAL LOT permitted under Section 23-4-895. 3. °Jr! Azi110"GAS F 1 L ITV E S pe d -u �- . -c4- ",i el-e�-1-o this ` - - - 'a,1/ �+ ...a a s a � a this H B e . PIPELi-flflG ag- !Pa.. NE: 1-7-ElgR TH -Ti " Q `. l G ' permitted u [/ - p" D 13 �. ( )/��,r4i l of this Chapter. N UG h.a xL GAS uitde-eweliisi d 1 1 o'C Y 'n3 b caer 1r of ( its 53. TELECOMMUNICATIONS ANTENNA TOWERS between thirty-five (35) and seventy (70) feet in height permitted under Division 10 of Article IV of this Chapter. 64. TEMPORARY seasonal USES permitted under Division 7 of Article IV of this Chapter. -5. WIND GENERATORS requiring a Zoning Permit under Division 6 of Article IV of this Chapter. F Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained in the 1-3 Zone District upon approval of a permit in accordance with the requirements of Article II, Division 4 of this Chapter. 1.-11 .-No change 12. TELECOMMUNICATIONS ANTENNA TOWERS over seventy (70) feet in height in accordance with Division 10 of Article II of this Chapter 13. Any USE listed in Subsection C above, in conjunction with a pending or approved Use by Special Review permit. 1314. USES similar to the USES listed as permitted as long as the USE complies with the general intent of the Zone District. 115. WIND GENERATORS requiring the issuance of Special Review Permit under Division 6 of Article IV of this Chapter. Divis n E (Estate) 7 ne District Seca 23-3-420. Access*ry uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in the E (Estate) Zone District so long as they are clearly incidental and accessory t© an allowed USE. he Gamybi-ne f GROS S AR EAR all ACCESS -PM -BU - IN -GS constructed e ran p � �2 do e date of t • ,zha "r- g t 2 Lam' 1 9 i L ' n..r h 9 ` e s u ees s s . 8 5 ra n A 4� P B 'a.a e and 4a €, p- ,a � , a , n -L, � o•t less t -n -4en (10) ,�. nd HISTORIC r• TOWN I- ES _ shall r t x -Po ` c.-p"cof the tota L O-T_ai cept in Real -anal nal Urbanization Area-s-(RUA), which shall adhere to RJA de-n-t-s4.a ' d —However, in no case shall such an (ACCESSORY BL✓IOLLam- SU-BD VIScQ-N or Ell -mil T a I e, eM ed -=e-G OS - OR AREA of th e p-rte-;-pal--D ELN G ..il l P o e Lis exc pt by VARA. C C E S SQ-PaaL U-� I G. m rde-ne1sGer b o g --b, rS4i-n--of this S Rio a may be re ed, replaced or restored i n- tr�te: Q ��te i0a� ,r^� "r0 p �'�.1f alArtFes'SS 'L Y 9 �D 9'`° inc n the ro shall br_, caLstper' ctad of �♦aa k3. 3�lad.�u i1 �.l�?T�L�aa1 l� ��e�s� o�6�'��ed�v��i lt.+�Y it i6 t,'1, tii1 ada be �na�t �d�! 6t�aG nowefie l-ve materials. A. -F. -No change Sec. 23-3-430° Uses by special review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained in the E Zone District upon approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. A. ACCESSORY BUILD! S oo o d --L R -E arge4h M. a �o --D ; total LOT -a o , as -St e4a-inn- sc-t- --3 - o A. tED AND BREAKFAST FACILITIES. B. BUILDINGS or STRUCTURES exceeding the maximum footprint, as detailed in Section 23- 3-440.N. C. CHILD CARE CENTERS. D. HOME BUSINESSES. E. PIPELINES - DOMESTIC WATER in accordance with Division 6 of Article II of this Chapter. F. RESIDENTIAL THERAPEUTIC CENTERS. G. Any USE listed in Section 23-3-425, in conjunction with a pending or approved Use by Special Review permit. GH. USES similar to the USES listed as permitted as long as the USE complies with the general intent of the Zone District. H -I. WIND GENE'!ATORS requiring the issuance of Special Review Permit under Division 6 of Article IV of this Chapter. Sec. 23-3-440. Bulk requirements. The following Subsections list the bulk requirements for the E Zone District. All BUILDINGS, STRUCTURES, USES, and land in the E district are subject to the requirements contained in this Section: A. -E. -No change R-eie °-- -. GF. Maximum BUILDING HEIGHT: forty (40) feet. HG. Maximum number of ANIMAL UNITS: one (1) per acre, not to exceed eight (8) ANIMAL UNITS per LOT. The maximum number of HOUSEHOLD PETS per LOT shall be four (4) HOUSEHOLD PETS of one (1) species or a total of seven (7) HOUSEHOLD PETS of two (2) or more species. Minimum GROSS FLOOR AREA of SINGLE-FAMILY DWELLING: one thousand two hundred (1,200) square feet. P -s---'- Ja SS ti - 22-r-342-04 K. Res we ete Sea -a3-3-4-2-07). LI. No occupied BUILDING or STRUCTURE shall be constructed within two -hundred (200) feet of any tank battery, within one hundred -fifty (150) feet of any oil and gas wellhead or within twenty-five (25) feet of any plugged or abandoned oil and gas well. J. Sources of light shall be shielded so that beams or rays of light will not shine directly onto ADJACENT properties or PUBLIC or private STREETS/ROADS. Neither the direct nor reflected light from any light source may create a traffic hazard to operators of motor vehicles on PUBLIC or private STREETS/ROADS. No colored lights may be used which may be confused with or construed as traffic control devices. K. The combined footprint of all STRUCTURES, excluding fences, shall not exceed fifty percent (50%) of a LOT without an approved Use by Special Review permit. a ARTICLE IV Supplementary District Regulations and Zoning Permits Division 3 Manufactured homes, manufactured structures, and occupied recreational vehicles. Sec. 23-4140. ResectrageS Non -transferable. Upon determination of the Department of Planning Services, a Zoning Permit for a temporary or an annual use shall not be transferable by the applicant and/or owner to any successor. The Zoning Permit for a temporary or an annual use shall terminate automatically upon conveyance of the property. The MANUFACTURED HOME I MANUFACTURED STRUCTURE shall be removed from the property or a new Zoning Permit shall be applied for and approved. Sec. 23-4-150. Temporary use during construction of residence. A zoning permit for the USE of a MANUFACTURED HOME or RECREATIONAL VEHICLE occupied as a TEMPORARY DWELLING UNIT during the construction of a permanent DWELLING UNIT on the same LOT in the A (Agricultural) Zone District may be issued by the Department of Planning Services subject to the following provisions: A. -E. -No change F. Extensions of six-month increments beyond the above eighteen -month period may be granted only by the f fC-O6 L-,� p�Cp,�o�� -� � r-- : �c• 7 Director of Planning Services. T IC.61- `ft -C-;- ' � �& o- s4Gne r s hall -h- air the a , $ � rnf wr �a - x er n at a- g ° l ar j v..a _ 6 �A 7 � a � � oa. 6 vya 0 the � � � ��a yr �A�� V�� i-1 e 4-��fe c Me -Board t -- c ` � e2msa rs , � v nJ of � u as J'a✓ ii a � � tl i u �, � ��y, a>�~o.o � S�a ate• u a � � E u �,.0 u `l V � h' o �_o � of u + frLP'* apsf a ft' t ri Y F er r t n�t4e e `i . d ' T eP •g i` a P• e a ap-" c . t:re �u e� i sr a -�` rr 0 6th t, f� , h. 1A p �i r 5 7f �Pof-the r` • ,tom fI g�\{ P a � � I�'� �� d C� 6•� 'l��Vl3� �f"�� 6 ��1/J�b��-� ��-tl � ' F�J�`��+� 11 �41IJ1 0 s d r a 44o n . Suic-h- Got 24 `' �a r� rr �p q a r `; � I , S s , R one _ s S f,� Pear -t rr, ( i c -e �s� � � e u` u IT'e„e u`` c�,� ��"'u1i"� 6 d•�'�" � ba e � �� u a,+ Yu. �.u, h '""6-1'�l` c��+ the -s _ he —G 6J r- -' e �' r °-� '� ° i s-- relH e q ut d 'J' y l-G1r '4a l��•�� "�, a 1�� 6ad��J��'�-h u i A escat -The e i � �- i� '' i r ( '1 --h,� ��`�✓!'�a � a a �t�t�� t �`'v L: � Y""d" �e�'"�J'n`V`v� � � � 1f`� aa�7'd� �a'�'�-o � as is �a u � h ads � 6 0� �;ru � � f ,--s " fl�.g _ s�'�' v - C _ s`t orA ,� ��' 4m rat of �6 6 � � �rJ a 4� r�Y h s' a ne tce shag _ Pre- -6P4 -Fe -re -f-2.4 anni iga 4s s 1.1-A s StR s- k pq � ��a Pry y� p � a-�� A p�Pase psp , eq\ �-fig4--1�-s-ups� r pgrep-�syt�d r:A is ,,k . t°� 6n .,,(�+v u� r'v •a, W y- e' P `» f` h e 'trrYCe L- �/ 'H-- •' -WJ ` h 0 Y Fxd4'-1 Y -I i 'red` HdJ- lL 17 �' 6 I „ - U-' '' k�./ 0 u � e Y 0 t of 1� ° f +� I � e9 e� � .� � f �� u } f ��dd" r��. �ii f�`� F?h�� ¢`x �� L_'� � r i� �'^ �P P Il f 7P17 �?, S- o� "`l f 2' � fret M �n 6 ncj--S ;� � a Sj she-ap-�� 6 - -Y 6 - 6 °:± -�� tl, s ue � o � Rd a Q tha 4'—a M ` �- ' ,z ' '� U A l i ME or scc up fa E C f� ALF ,11A ` ap ., CLE.-h r s ;aJ � u v J lr"L eT � � u u � � ,u� `� � td• • 6 �? �� ^e-1=.�U 'L' �-p 1/�'1�._ a �} � �u��6�R,a � pE..>�� a e4 ue d '� �I l pcicopk 4 , �,1f" -'_l u� e iCW� ( �� u `F ---a telephone n'L�id- ` qr 9i7 �h &Fe f to-the t�•Y g e r Y" L l� f'S( ra-t o'J II 0-1r- y -b M--1� �i; 611 e —The s-wd th N °1 -be i e ' iSae - ' S e n A:1 gy ay s' I �a r o S ea -d�1 e F ael-S-S r —S w _ ,�h-a og f� . k $ —ra w � i-e • -- " a p 6 rs t n , Ly��q{ n- o ��yLr d on . 6 .l 1��.9 ��6 Ed �a If�bJ �-,O 1. 6 8 J � �+t 6 d E 6 6 �d d `.� �n `ice' tl � � �� ' 6 V Y_-,+�F,st �� 0i y� Ce-unty C m n s or t -s. _ i aa-1 ir o f fa a� 1fp , mss _ �eMh e--a-p{{ t to pulls ue '-� - `-° sti �`�I'-�' fl°r dig ' �h ~rs t pr it e s e pair °-n f _ a ! bie d -c y-msta � ' e -w �r�Y -u ` ° , v- e ,"�{•� ff'd`1Lf7�1 II„�h�� p �'`�f"� �'{� p� �''o C� f� •`° `f p ry �f � y� f� 6r' � Q ��[Y p �j � I �'\ ,� �y9� � P� p �l�j'� �`l 1 fi� the ,�q r('{''gip{ i� R I'j� a( 1 'ems" �„s_ sa droe �Ifll �ti:J-3 ttio 6�r��11-` 'ti� h-st r uc e a o n , requ u rin" s xt e n s i on . `u �• a a 6s • ^ t , - Ife are-- d 6 ty Com- - Lei s fl ! consider cot°. i ° o -f the MAt ,a Ems- JR D- fO E o pt ed REG:Pail-0 MAL' ? ICL wi- -e su r yr d1 Pta a, ,,a —w , he ch-afaciter of the �q;„,,q �!- � ,�/pq�- �� 1 -' rj�� 1 ( u � N� `'r N (�i�p>yq? i � ,j��1L � 5f f��x, -�`-` P � ,� 4� � t�Y �. tj' � � gyy t�' a� C �r�9 a��!5� 6 Vif-a sv 0 If�bo- ri��i,`~ II4 o 8 ' q 6 �' .tea l�+�f.-.�• 6 6 6 tl 0, i E Q I u �.�+ I//��1e � it �.�1 v'�'y d4 Y 6 Pr 6'n�al 611' s6 Cy �N an -d. -L V e d�`il a -icy Ca' 0 � u-il 4li a Y b ra, - 6 c S 1 area ail -`e d4 �l e � 'a�4LU i1 Y . •Y G. -H. -No change 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. -E. No change F. A zoning permit for TEMPORARY storage of a MANUFACTURED HOME shall be for a period of six (6) months, and-5s--Pernew c-fo-m add n al- ernon b ra - 4yinv gfarr t Uhe Planning Services. C . E"'Y"6's�s L"r e-tr9kGou a II o a1f V�l €N'`�•� u e rs s 6h a 6 a t -he p ,. 5 `r r a"'V` ' f17 it v� t -a -tom rniiir "gg, Ito �ag�a e n a M ��N ° F A- + -R ED �--�� E -a4- a -j r.,+ � �' ��-II-I�iJ'ifE�if�'e "-'l+ � Imo' 7 C- � 6 � �s � and any extensions shall be determined by the Director of �se g of the -Bad mod- o - 'r3R+T-ssioners shall g e no#d o of the ap- o -1 --for a zonling permit and the meeting -date to those persons listed -o e ---a- l ien as o -n-eFs of prwer-t f -G-a sd iith-- hRad l (4-a0-0) feet of 05.%eI under . i s , e a 6-ime -h-nfloati n sh- l -1 -be-- a e- ; s first Sn 1-9*- oefor-e thud -u G inireetiSuGttiae is n o e~q---u i red b` t t ute a -n . o evi e d as eotsy to su-rrou a uing prope P owners -(-the su a 'y`e-e). _ lna 4 ent -erne 4 alp -MI -Gant an supplying su3 list or loe-.---Depaat- '-2 c ag S. 4ces in sendBn g-si o#Ge$ !4 1- f-Gre er to aluci✓s€l --tienal- e a e-ct i n th e- - row s , e0 e-eit-s- ro r re s -t - 6h fai- a sups--n-d-i- ropeaco g . n�r o arec- ;v -e such notIfi a n. The Der - nt ipri g `�en - , -s si YI -pos-a sign c a ere applicanR —o r -e n-q-ue-stlon in ca �tiB a -MA I- - D � ME ha een requested far the pre ��ty- he m €-ti - -te and e � b v � �. � �✓+ cd � + a,e requested C i i � E- a'"Y��• +..r � L a a,= ;2-- esne-hua r-- nere further information may- 4 ,The sign -shall be -posted -at sa- W-e'n- 4) d ° p4e-r#c the meeti . a d --e- -r el .G d-wth a photogmjah . The-ar _ f County—Commissitaners shall consider any -te an-yb" sur girop y cA n -e -Fs e E �o�,rn-g�,��e�.�. 5�-� �-s of � �, ��i�_',� �- � � e_-- � u E r;�B �,,..� 4-� r � e�� pia �+, �'c--� �y o �` �� i � �s Y � i t a � i f c^� � u a moo, ��°p rd o a County Commissioners ners shall also cor' i4&-�;�✓he-her ' he- .� liic tion has d`am'ns ` - compliance with the FSuirer en4s- a a bs atiocs -h-roughs-ab ve, as we� coality e a -AW kCT -H O ` 4 e° ` '- w dne— r 0 a- t' -o ny vai-t - -loom r -r-o'a ;i'o'ta' f a"+1' B '� � � � _ �` 3 �' "� '� f, �'°^ am"'o �. C. ,� y�-�� q�:to e _ e -c -u- n the ,i o o dx�w� te- �°�ce --atehe genera!- - i �-; , safety a d -we °=i 0� inn -habitants —of t h the slice -a �i 8 bJ# t ad U -N -MG. A MANUFACTURED HOME permitted to be stored TEMPORARILY shall not have a permanent foundation. Sec. 23-4-170. Annual accessory farming use. A. A zoning permit for the annual USE of one (1) MANUFACTURED HOME for an ACCESSORY FARMING USE, on a LOT in the A (Agricultural) Zone District, in addition to a = nciple principal DWELLING UNIT, may be issued by the Department of Planning Services upon determination that: 1. -4. -No change 5. Rn6P E—AWG -The MANUFACTURED HOME is not the first DWELLING UNIT on the parcel of land. The first DWELLING UNIT on the parcel of land does not require a zoning permit. 6. The applicant shall obtain a BUILDING permit for the MANUFACTURED HOME and comply with all installation standards of Chapter 29 of this Code. B. -E. -No change Sec. 23-4-180 Annual accessory use during medical hardship. A. A zoning permit for the annual USE of a MANUFACTURED HOME during a medical hardship on a LOT in the A (Agricultural) Zone District, in addition to the principal DWELLING UNIT, may be issued by the Department of Planning Services upon a determination that: 1. -3. -No change 4. The MANUFACTURED HOME is not the first DWELLING UNIT on the parcel of land. The first DWELLING UNIT on the parcel of land does not require a zoning permit. B. -C. -No change D. A MANUFACTURED HOME permitted as a TEMPORARY USE during a medical hardship shall not have a permanent foundation. Sec. 23-4-230. Delegation of authority. The Board of County Commissioners delegates the authority to issue a Zoning Permit for a MANUFACTURED HOME, MANUFACTURED STRUCTURE, or occupied RECREATIONAL VEHICLE which otherwise requires the approval of the Board of County Commissioners through a public hearing process to the Department of Planning Services upon a determination by the Department that: 02-5 A. The applicant is in compliance with the criteria identified in this Chapter for the specific category of zoning permit for which application is being made. B. The Department of Planning Services has sent notice and not received signed notification of at least thirty percent (30%) of surrounding property owners within five hundred (500) feet of the subject property in opposition to the location of the MANUFACTURED HOME, MANUFACTURED STRUCTURE, or occupied RECREATIONAL VEHICLE within twenty- eight (28} twenty-one (21) days. C If the Department of Planning Services denies the permit, the applicant may appeal in writing to the Director of Planning Services, within ten (10) days of receipt of the denial notice. A hearing shall be scheduled with the Board of County Commissioners to provide the landowner an opportunity to appeal the denial, for good cause shown. If the landowner does not submit a written appeal, the denial becomes final. D. If the Department of Planning Services does receive signed notification that thirty percent (30%) or more of surrounding property owners within five hundred (500) feet of the subject property are in opposition to the permit, the goard of County Commissioners shall review the application for compliance with the criteria set out in this Division at a regularly scheduled meeting of the Board: 1. -4. -No change 5. The p,ament of Planing -Services Clerk to the Board shall arrange for legal notice of said hearing to be published in the newspaper designated by the Board of County Commissioners for publication of notices at least ten (10) days prior to the hearing. The $oard of County Commissioners shall consider any testimony of surrounding property owners concerning the effects on the surrounding properties and compliance with the criteria set out in this Division. Division 6 Wind Generators and Permitting Requirements Sec. 23-44500. end generator standards. WIND GENERATORS are allowed in certin zone districts as either ACCESSORY USES, as principal or ACCESSORY USES subject to Zoning Permit requirements of Section 23-4-460, or as principal or ACCESSORY USES subject a Use -by -Special Review Permit, per the height guidelines and maximum numbers for LEGAL LOTS, below. The height of a WIND GENERATOR is measured from the surrounding ground to the hub of the generator: No change to Table 23.3 All WIND GENERATORS are subject to the following standards: A. -B. -No change C. All WIND GENERATORS shall be set back from property lines, PUBLIC RIGHTS -OF -WAY and access easements a distance of at least one (1) times the height of the generator kas measured to the tip of the rotor blades) or within a recorded fall zone easement that is a distance of at least one (1) times the height of the measured tip of the rotor blades. a -L. -No change Sec. 234475. Ntufllcatoon and appeal of denlalo A. Once an application that is subject of this Division 6 is deemed complete by the Department of Planning Services, the Department of Planning Services shall send the application to applicable agencies listed in Appendix 23-G, as determined by the Department of Planning Services. The failure of any agency to respond within ht / twenty-one (21) days may be deemed a favorable response. All REFERRAL agency review comments are considered recommendations. The authority and responsibility for approval and denial of a zoning permit rests with the epartment of Planning Services. az4 B. The Department of Planning Services shall send notice, mailed first-class, to owners of LOTS within five hundred (500) feet of the subject property notifying them of the application and their opportunity to object to the issuance of the zoning permit, which shall be submitted by returning the signed form sent by the Department of Planning Services within twenty-eight (28) days. C If the Department of Planning Services receives objections from the owners of at least thirty (30) percent of those notified within tAten-ye 28-} twenty-one (21) days, or if the Department of Planning Services determines the application does not meet all applicable criteria and requirements, the zoning permit shall be denied by the Department of Planning Services. 1. The Department of Planning Services shall notify the applicant of the objections and the denial of the zoning permit. The Department of Planning Services shall also provide the applicant comments received from REFERRAL agencies. The applicant may appeal in writing to the Department of Planning Services within ten (10) days of receipt of the denial notice. 2 If appealed, a public hearing shall be scheduled before the Board of County Commissioners and staff the Clerk to the Board shall send notice, mailed first-class, to the applicant and owners of LOTS within five hundred (500) feet of the subject property at least ten (10) days e- ma; a -y Serv-i-c-se .� ��II ,I�n nn s as the Pr r -ER p� l prior to the hearing. = —;. ' a4 moo- � , :n Se ;�, �, � the , : -� o�-fL agencies wi- -'�-womme-Rs at -the _ 3. The Department of Planning Services shall post a sign on the property in question indicating a zoning permit has been requested for the property, the hearing date, and telephone number where further information may be obtained. The sign shall be posted at least ten (10) days prior to the hearing date and evidenced with a photograph. 4. The aspa4 t of fli-ng Sa i. Clerk to the Board shall arrange for legal notice of said hearing to be published in the newspaper designated by the Board of County Commissioners for publication of notices at least ten (10) days prior to the hearing. 5. The Board of County Commissioners shall consider any testimony of owners of surrounding property and REFERRAL agencies concerning the effects of the zoning permit on the NEIGHBORHOOD and its compliance with the applicable criteria set out in this Code. 6 Following the public hearing, the Board of County Commissioners shall pass a resolution affirming its decision as to whether to approve or deny the zoning permit. The decision of the Board shall be final. 7 Notice is not required by state statute and is provided as a courtesy to surrounding property owners. Inadvertent errors by the applicant in supplying such list or the Depac f Pan -n# ry es Clerk to the Board in sending such notice shall not create a jurisdictional defect in the permit process even if such error results in the failure of a surrounding property owner to receive such notification. 8 If the applicant does not submit a written appeal within said ten (10) days, the denial shall be final. Division 8 Sec nd Single -Family Dwelling pu4i`ux— t ,;g*=u `ly�J J—!grifiy'�'�lll'"a Sec. 23-4-600. Requirements for a second single-family dwelling. Where a second SINGLE-FAMILY DWELLING is permitted in Article III of this Chapter, the following criteria shall be met prior to issuance of a i, permit for said dwelling: A. The LOT shall be a LEGAL LOT and at least one (1) acre with PUBLIC WATER or two and one-half (2.5) acres -ii area with well water. B. The second SINGLE-FAMILY DWELLING shall have a permanent, engineered foundation. C Where Article III of this Chapter requires issuance of a zoning permit for a second SINGLE- FAMILY DWELLING, the process described in this Division shall be followed the por,-gy b°--s-sued i-acs Mlance With Division :r4 eis A4 i _l- et this —Cadre. Where Article III of this Chapter requires approval of a Use by Special Review for a second SINGLE-FAMILY DWELLING, the process in Division 4 of Article II of this C -ode Chapter shall be followed. D Only one (1) permit for a second SINGLE-FAMILY DWELLING may be issued for each LEGAL LOT, where permitted. Adequate water and sewage disposal facilities shall be available for both principal and second SINGLE-FAMILY DWELLINGS. F The second SINGLE-FAMILY DWELLING shall be compatible with surrounding area, in harmony with the character of the NEIGHBORHOOD and the immediate area. Sec. 23-4-610. Submittffi requorenentsa An application for any zoning permit for a second SINGLE-FAMILY DWELLING shall include the following: A. Application form, which shall include parcel number(s) of the subject property; property acreage; name, address and telephone number of; property owner and applicant, if different from property owner. The applicant shall sign the form. If the applicant is not the owner of the property, an authorization letter signed by the property owner shall be included. B. A copy of a deed or legal instrument identifying the applicant's interest in the property. C. Articles of Organization or Incorporation documents if the owner is a business entity. Include Statement/Delegation of Authority documentation. D. Trustee documents if the owner is a Trust. E. A Statement of Taxes from the County Treasurer showing no delinquent property taxes for the property under consideration. F. A sketch plan of the site at the scale of one (1) inch represents fifty (50) feet or other suitable scale to show: 1. The proposed location of the second SINGLE-FAMILY DWELLING, including distances from the LOT lines and other STRUCTURES on the property. 2. Access to the second SINGLE-FAMILY DWELLING, indicating whether the access is existing or proposed. Access shall be shown on the sketch plan and shall be shared to the extent possible. Existing accesses shall be preferred 3. Location and measurements of any easements or rights -of -way. 4. Number and length of road frontages. 5. Identification of any county, state or federal STREETS/ROADS or highways. 6. Existing STRUCTURES on the property. 7. Location of initial and replacement leach fields for any existing or proposed Onsite Wastewater Treatment Systems. G. Evidence that a water supply of sufficient quality, quantity and dependability is or will be available for each SINGLE-FAMILY DWELLING. A letter, permit, or bill from a water district, municipality, or the Division of Water Resources are examples of evidence. H. Evidence that adequate means for the disposal of sewage is or will be available for each SINGLE- FAMILY DWELLING in compliance with the requirements of the Department of Public Health and Environment. I. Application fees. J. A signed buffer report and affidavit of the names, addresses, and parcel numbers of the surrounding property owners within five hundred (500) feet of the property. The buffer report shall expire thirty (30) days from preparation. Sec. 23-4-630. Procedure A. The Board of County Commissioners delegates the authority to issue a Zoning Permit for a second SINGLE-FAMILY DWELLING on a LEGAL LOT in the A (Agricultural) Zone District, which otherwise ac, requires the approval of the Board of County Commissioners through a public hearing process, to the Department of Planning Services upon a determination by the Department that: The application is in compliance with the criteria identified in Section 23-4-600. 2. The Department of Planning Services has sent notice to and received signed response from no more than thirty percent (30%) of surrounding property owners within five hundred (500) feet of the subject property in opposition to the location of the second SINGLE-FAMILY DWELLING. Any notice not received within twenty-one (21) days shall be deemed a positive response of said request. B. Should the application not meet one or more of the criteria listed in Section 23-4-630.A, the Board of County Commissioners shall hear the application at a regularly scheduled meeting. 1. The Board of County Commissioners shall give notice of the application for a zoning permit and the meeting date to those persons listed in the application as owners of property located within five hundred (500) feet of the parcel under consideration. Such notification shall be mailed, first class, not less than ten (10) days before the scheduled meeting. Such notice is not required by state statute and is provided as a courtesy to surrounding surface estate owners. Inadvertent errors by the applicant in supplying such list or the Department of Planning Services in sending such notice shall not create a jurisdictional defect in the permit process, even if such error results in the failure of a surrounding property owner to receive such notification. 2. The Department of Planning Services shall post a sign for the applicant on the property in question indicating that a second SINGLE-FAMILY DWELLING has been requested for the property, the meeting date and telephone number where further information may be obtained. The sign shall be posted at least ten (10) days prior to the meeting date and evidenced with a photograph. 3. The Board of County Commissioners shall review the application based on the approval criteria in Section 23-4-600. Division 11 Semi -Trailers as Accessory Storage Seco 234-930. Dele • ation of authority. A. The Board of County Commissioners delegates the authority to issue a zoning permit for a SEMI -TRAILER which otherwise requires the approval of the Board of County Commissioners through a public hearing process to the Department of Planning Services upon a determination by the Department that: 1. The applicant is in compliance with the criteria identified in this Chapter for the specific category of zoning permit for which application is being made. 2. The Department of Planning Services has sent notice and has not received signed notification of at least thirty percent (30%) of surrounding property owners within five hundred (500) feet of the subject property in opposition to the location of the SEMI -TRAILER within t,�-ty4-1, twenty-one (21) days. B. If the Department of Planning Services denies the Permit, the applicant may appeal in writing to the Director of Planning Services, within ten (10) days of receipt of the denial notice. A hearing shall be scheduled with the Board of County Commissioners to provide the landowner an opportunity to appeal the denial, for good cause shown. If the landowner does not submit a written appeal, the denial becomes final C. If the Department of Planning Services does receive signed notification that thirty percent (30%) or more of surrounding property owners within five hundred (500) feet of the subject property are in opposition to the permitting of a SEMI -TRAILER as ACCESSORY storage, the Board of County Commissioners shall review the application for compliance with the criteria set out in this Division at a regularly scheduled meeting of the Board: 1. -4. -No change 5. The 08-12-22 4-m -n t-of-Rkww i -ga-eas Clerk to the Board shall arrange for legal notice of said hearing to be published in the newspaper designated by the Board of County Commissioners for publication of notices at least ten (10) days prior to the hearing. 6 The Board of County Commissioners shall consider any testimony of surrounding property owners concerning the effects of the SEMI -TRAILER as ACCESSORY storage on the surrounding properties and its compliance with the criteria set out in this Division. lvlslon 12 Parkingof Commercial Vehicles Sec. 234-980. Delegation of authority. A. The Board of County Commissioners delegates the authority to issue a zoning permit for a COMMERCIAL VEHICLE which otherwise requires the approval of the Board of County Commissioners through a public hearing process to the Department of Planning Services upon a determination by the Department that: 1. The applicant is in compliance with the criteria identified in this Chapter for the specific category of zoning permit for which application is being made. 2. The Department of Planning Services has sent notice and has not received signed notification from at least thirty percent (30%) of surrounding property owners within five hundred (500) feet of the subject property in opposition to the location of the COMMERCIAL VEHICLE within twenty--i-g-8)(-28- twenty-one (21) days. B If the Department of Planning Services denies the Permit, the applicant may appeal in writing to the Director of Planning Services, within ten (10) days of receipt of the denial notice. A hearing shall be scheduled with the Board of County Commissioners to provide the landowner an opportunity to appeal the denial, for good cause shown. If the landowner does not submit a written appeal, the denial becomes final. C. If the Department of Planning Services does receive signed notification that thirty percent (30%) or more of surrounding property owners within five hundred (500) feet of the subject property are in opposition to the permitting of a COMMERCIAL VEHICLE, then the Board of County Commissioners shall review the application for compliance with the criteria set out in this Division at a regularly scheduled meeting of the Board: 1. -4. -No change 5. The Department -G P1-a-n-PSeF ic--es Clerk to the Board shall arrange for legal notice of said hearing to be published in the newspaper designated by the Board of County Commissioners for publication of notices at least ten (10) days prior to the hearing. 6. The Board of County Commissioners shall consider any testimony of surrounding property owners concerning the effects of the COMMERCIAL VEHICLE on the surrounding properties and its compliance with the criteria set out in this Division. Division 13 Home Occup tU Permits Sec. 23-4-990. Horne occupation permit requirements. A. -B. -No change C. Duties of Department of Planning Services and Board of County Commissioners for a CLASS II HOME OCCUPATION zoning permit. 1 Once a COMPLETE APPLICATION is submitted for a CLASS II HOME OCCUPATION, the Department of Planning Services shall refer the application to the applicable agencies listed in Appendix 23-G, as determined by the Department of Planning Services. The failure of any agency to respond within fwea-�ht 23) twenty-one (21) days may be deemed a favorable response. All REFERRAL agency review comments are considered recommendations to the COUNTY. The authority and responsibility for approval and denia zoning permit rests with the C {, U NTY. 2. The Department of Planning Services shall send notice, mailed first-class, to owners of LOTS within five hundred (500) feet of the subject property notifying them of the application and their opportunity to object to the issuance of the zoning permit, which shall be submitted by returning the signed form sent by the Department of Planning Services within twenty-eight (28) days. 3. If the Department of Planning Services receives objections from at least thirty (30) percent of those notified within tweM&si t -(Z8)- twenty-one (21) days, or if the Department of Planning Services determines the application does not meet all applicable criteria and requirements, the zoning permit shall be denied by the Department of Planning Services. 4. The Department of Planning Services shall notify the applicant of the objections and the denial of the zoning permit. The Department of Planning Services shall also provide the applicant comments received from REFERRAL agencies. The applicant may appeal in writing to the Department of Planning Services within ten (1 0) days of receipt of the denial notice. If the applicant does not submit a written appeal within said ten (10) days, the denial shall be final. If appealed, the following process shall be followed: a. A public hearing shall be scheduled before the Board of County Commissioners and staff the Clerk to the Board shall send notice, mailed first-class, to the applicant and owners of LOTS within five hundred (500) feet of the subject property at least ten (10) days prior to the hearing. The-', 4ant af-P-4-ann-ing ices shall also notify the F - A� ad .a �d' shall � �, o i �� a t tl-' d-'• a A-1 n_ b. The Department of Planning Services shall post a sign on the property in question indicating a zoning permit has been requested for the property, the hearing date, and telephone number where further information may be obtained. The sign shall be posted at least ten (10) days prior to the hearing date and evidenced with a photograph. c. The .Depa ° ,ent of-P4anning ei 4 ss Clerk to the Board shall arrange for legal notice of said hearing to be published in the newspaper designated by the Board of County Commissioners for publication of notices at least ten (10) days prior to the hearing. d. -f. -No change Remainder of Section - No change Division 16 Cargo containers Sec. 23-4-1100. Carg i containers used for storage, an office, a d yelling or any habitable use. A CA''GO CONTAINER shall require the issuance of a building permit and compliance with all applic-ble prov[sions of this Cde, including Article V of this Chapter. The following conditions shall apply: A. -B. -No change 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. 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. Divisin 17 Zoning Permits for Certain Uses in the Agricultural Zone District Sec. 23-44200. Uses requiring zoning permits in the agricultural zn district. A. -8. -No change C. If approved, the Zoning Permit Plan shall be recorded by the Department of Planning Services priiir to commencement of the USE or construction, except far arssGon4 SINGa E l-LY DWElLL 4G, wI h s ,P :l ot-rec re a Zoning -Per -PA -R se r -d --ads may -be hand m without certifications. All Zoning Permit Plans for USES other than second E.1- .�GLF_-FAMILY D-WELLIN-GS shall be digitized with electronic signatures and seals or shall be delineated in nonfading permanent black ink on Mylar or other drafting media approved by the Department of Planning Services with original signatures and seals in permanent black ink. The applicant shall pay the recording fee. If the required documents have not been recorded within ninety (90) days from the date of approval or if an applicant is unwilling or unable to meet any of the conditions within ninety (90) days of approval, the Director of Planning Services may refer the application to the Board of County Commissioners, which may revoke the zoning permit following a public hearing. The applicant shall be notified of the public hearing at least ten (10) days prior to the hearing. Prior to said hearing, the Director of Planning Services may grant a one-time extension of up to ninety (90) days, for good cause shown, upon a written request by the applicant. Before this extension has expired, the applicant may seek a further extension from the Board of County Commissioners by written request to the Director of Planning. If the Board of County Commissioners denies the extension or if the conditions are not met and the required documents recorded by the date specified by the Board, the zoning permit approval shall be voided, and the application denied. D The Zoning Permit Plan shall include the entire LOT(S) upon which the USa(S) will be located. A Zoning Permit Plan, once recorded, replaces any previously recorded Zoning Permit Plan for the subject property. E Any use allowed by a Zoning Permit for Certain Uses in the Agricultural Zone District may be permitted as a Use by Special Review when applied for in conjunction with a pending Use by Special Review permit or as a minor amendment to an approved Use by Special Review permit in accordance with Article II, Division 4 of this Chapter. Sec. 23-4-1220. Application requirements. The following shall be submitted as a part of a zoning permit application: A. -B. -No change C. A Zoning Permit Plan of the property, a draft of which shall be submitted in electronic (.pdf) format and if approved shall be submitted on Mylar or other drafting media approved by the Department of Planning Services. The Zoning Permit Plan shall include, as applicable: '.-6.-No change 7. The Zoning Permit Plan shall bear the following certifications, ex ept for a second SING-L-E-Sonk, -I-LY DWELLING: a. -b. -No change Remainder of Section - No change Sec. 2344 230. Notificati 4 n and appf da i ale A. Once an application that is subject of this Division 17 is deemed complete by the Department of Planning Services, the Department of Planning Services shall send the application to applicable agencies listed in Appendix 23-G, as determined by the Department of Planning Services. The failure of any agency to respond within twen y -e -h -( twenty-one (21) days may be deemed a favorable response. All REFERRAL agency review comments are considered recommendations. The authority and responsibility for approval and denial of a zoning permit rests with the Department of Planning Services. B The Department of Planning Services shall send notice, mailed first-class, to owners of LOTS within five hundred (500) feet of the subject property notifying them of the application and their opportunity to object to the issuance of the zoning permit, which shall be submitted by returning the signed form sent by the Department of Planning Services within t-w`nty4-(-2-83 twenty-one (21) days C. Within sixty (60) days of receiving a COMPLETE APPLICATION, the Department of Planning Services shall provide a written report to the applicant and provide the applicant comments received from REFERRAL agencies and any objections received from the property owners notified. The applicant shall be given the opportunity to revise the application to address the concerns raised. If the Director of Planning Services is satisfied with the applicant's efforts to address all concerns, the Director of Planning Services may approve the zoning permit. If the applicant is unwilling or unable to address all concerns to the satisfaction of the Director of Planning Services, the Director of Planning Services shall schedule a public hearing before the Board of County Commissioners for its review and decision following a public hearing. 1. If scheduled for a public hearing before the Board of County Commissioners, €42if to the Board shall send notice, mailed first-class, to the applicant and owners of LOTS within five hundred (500) feet of the subject property at least ten (10) days prior to the hearing. REF-RRA- gencies with- m e44ts shall also -be notified d le-c4r -pc4 the Clerk 2. The Department of Planning Services shall post a sign on the subject property indicating a hearing has been scheduled, the hearing date, and telephone number where further information may be obtained. The sign shall be posted at least ten (10) days prior to the hearing date and evidenced with a photograph. 3. The Depa- x :.. of —Nanning Services Clerk to the Board shall arrange for legal notice of said hearing to be published in the newspaper designated by the Board of County Commissioners for publication of notices at least ten (10) days prior to the hearing. 4. -6. -No change ARTICLE V Overlay Districts Division 5 Historic Townsites Overlay District Sec. 23-5-430. Requirements. A. Building permits. The COUNTY will not issue a building permit for any STRUCTURE located within a HISTORIC TOWNSITE that enters the SETBACK or OFFSET established for the underlying zone district, or extends over LOT lines. A building permit application within a HISTORIC TOWNSITE shall require submission of a plot plan. No building permit shall be final, nor shall any certificate of occupancy be provided until an Improvements Location Certificate (ILC) is submitted. COUNTY staff shall verify that all STRUCTURES were constructed in substantial compliance with the plot plan. To obtain a building permit for a DWELLING UNIT in a HISTORIC TOWNSITE, the applicant must show the following: 1. -2. -No change 3. Access is or can be made available that provides for safe ingress and egress to a public road. All accesses shall be constructed in accordance with the requirements set forth in Ch-a-pter---1-2A4-1i-Gle-V-el this Code. 4. Construction of all internal roads of the HISTORIC TOWNSITE may only occur pursuant to a Right -of -Way Use Permit issued by the Department of Public Works in accordance with F -c -le - La* this Code, to ensure positive drainage and to avoid conflicts regarding location of utilities. 5. The LOT is at least two and one-half (2%) acres in size with an individual well and s- p ' i s°; tm Onsite Wastewater Treatment System (OWTS), or at least one (1) acre in size with a public water PUBLIC WATER supply and se•ic-ste OWTS. A building permit for a LOT within a HISTORIC TOWNSITE which is smaller than two and one-half (2%) acres in size on an individual well and &-e do s tern OWTS or smaller than one (1) acre in size on a public water PUBLIC WATER supply may be approved by the COUNTY upon a review and determination by the WCDPHE that the LOT is capable of adequately accommodating the individual well and OTWS, as applicable. For the review by the WCDPHE, the applicant must provide: a. -e. -No change 6. As a condition of approval of a building permit within a HISTORIC TOWNSITE, the applicant shall be required to obtain an approved Road Access Permit, pursuant to the provisions set forth in cnap4er 12, Arti-c,e V of this Code. Application for a Road Access Permit to a .3/ resubdivided LOT within a HISTORIC TOWNSITE shall include acknowledgement by the applicant that: a. The platted STREET or road of the HISTORIC TOWNSITE from which access is sought will not be maintained by the COUNTY unless it is brought up to the standards and authorized for maintenance as set forth in Se on -8 5 150 -Of this Code. b. Access from the HISTORIC TOWNSITE onto a State Highway requires the issuance of an access permit by the Colorado Department of Transportation, which may also require the applicant to obtain a traffic study. B. Resubdivision. 1. Resubdivision within a HISTORIC TOWNSITE may be necessary to combine LOTS, change interior LOT lines, incorporate vacated ,ri g -ht --of-way RIGHTS -OF -WAY into LOTS, •r r — — v,/-9 vacate property from a HISTORIC TOWNSITE, vacate 44ghts—c-fev ay RIGHTS -OF -WAY, or create additional LOTS, subject to the requirements of Chapter 24, Article V IX of this Code and this Division 5. 2 In addition to the requirements and procedures for resubdivision provided in Chapter 24, Article V IX of this Code, the following statement shall be included as a note on the resubdivision plat of property located within a HISTORIC TOWNSITE: fl -1C a OWN rlmzS Historic Townsites are an important part of Weld County's history, culture, and economy. These subdivisions were created in the late 19th and early 20th centuries. Persons moving into STORiC T O\VVNS;TES Historic Townsites must recognize and accept there are potential drawbacks in STORi Q- -I-T- Historic Townsites that may not be present in modern subdivisions, including concerns related to stormwater drainage, water supply limitations, setbacks between wells and septic systems, road access, and road maintenance. Weld County does not maintain internal roads within i' HST —Q- - \INaq Historic Townsites unless expressly authorized by resolution of the Board of County Commissioners. Remainder of Section - No change Chapter 23 Zoning — Code Changes Agricultural Production versus Agricultural Pr•cessing Amend Sec 23-1-90. - Definitions. AGRICULTURAL PROCESSING: PROCESSING of crops and other plants, including storage of equipment. AGRICULTURAL PROCESSING includes extracting oils from plants and canning of plants for distribution to retailers but does not include production of ethanol or alcoholic beverages. Delete G4r la TURAL PRQD C- d GI°ES 4G.f---crop bierplants, G & -GJ bT UR ��,�a _ s _ ni�S5"''d `S., s`3-3'`. S- _ U_P PO-P- A,� I� A and � �....`l.� 7�`� P �� "'j Z''a n-� � u �� .0 � N K >° � �� " �" t ^�f ��u � �C�9 4 s, RI -GU g � V 8 S� z� ➢ I� � {� �? � �G �^_a 4`� A 9 e`V s.^r, �." i\ 1 E R "' E, and 1-" W a Ei"`�.9 %and' S'li R -U s s b�"`� E S u e a� a e, 'tl tea' -tee: c. A G " e*tr a- Fsm pi —ants —a— c ..n4 a e �t l Ith 4:-n to .o -eta- - b -u ` —net ingy-de plc -lad -wet -4 4 -Re 4 a c o a rages, AGRICULTURAL SUPPORT AND SERVICE: Establishments principally engaged in serving DAIRIES and FARMING -ri ti • .-air4th2lpFewu- e e-r-gaircin-s, including but not limited to the following: a. Drying, packing, sorting, blending, and/or selling of crops and other plants not grown by the owner and/or operator of the property, b. Farm equipment sales, repair, and installation, c. Grain, seed, feed, fertilizer, herbicide, an -pesticide, and propane retail, wholesale, and service establishments, d. Irrigation companies, e. Produce and LIVESTOCK auctions, f. Produce wholesalers, g. Elevator storage and cold storage warehouses, h. Farmers markets, and i. Trucking companies principally engaged in the hauling of agricultural products such as crops, LIVESTOCK, DAIRY products/ etc. j. AGRICULTURAL PROCESSING. AGRICULTURAL SUPPORT AND SERVICE excludes the following: a. LIVESTOCK CONFINEMENT OPERATIONS, b. MEAT PROCESSING, c. ORGANIC FERTILIZER PRODUCTION/COMPOSTING FACILITIES, d. TRANSLOADING facilities, and e. COMMERCIAL TRUCK WASHOUT FACILITIES. Amend Sec. 23-3-35. - Uses allowed by permit outside of subdivisions and historic townsites. A. AGRICULTURAL ta-D3"!,TLON this Chapter. SUPPORT AND SERVICE, permitted under Division 17 of Article IV of Amend Sec. 23-3-55. Uses by permit in subdivisi • n and historic tow►nsites. A. AGRICULTURAL SUPPORT AND SERVICE, AGRITAINMENT, agriculture -related EVENT FACILITIES/ AGRITOURISM, and HUNTING LODGES permitted under Division 17 of Article IV of this Chapter. mend Sec. 23-3-310.C -1-1 (Light Industrial) Zone District, 1-2, 1-3, and C-3 identical 1. AGRICULTURAL PRODI a aN SUPPORT AND SERVICE Page 1 of 11 Chapter 23 Zoning Code Changes Auxiliary Quarters AUXILIARY QUARTERS: One (1) or more interconnected rooms permanently attached to or located within a SINGLE-FAMILY DWELLING which are arranged, designed, used or intended for USE as a complete independent living facility for one (1) FAMILY. All AUXILIARY QUARTERS shall comply with the following requirements: r ao d, F P.P LIAR a Rw e be -used en an b��t s—cre1 10 i5 a r a �r e ;0.. yPPE r r�r S d:e 0 rr e it c�..��y-RQ� li-t ✓�f.�.� e" su pant s �"' Ri tr-P AD 9 [$ e e -:j`+ ,,[_ Pre r��•,d -s-,e s ...� rdtna— v.r i 2 fi @pJ A...' , Pw.+ dD aa., i A�'�. a �%� ��..y'3 �,�= a 9 �3✓8' e. d `e.+" ti $t pa fi �. s G+G 4, II C'�6 J i 8 4'.. RJf - e S W... e �s+: .J! `�*'� the �1... e a � u +J a n sB �. h '4.. � AA d�i� Coe a6�' L !-N G s e..Rieo a The GROSS FLOOR AREA of the SINGLE-FAMILY DWELLING shall be no less than one thousand six hundred (1,600) square feet in size. --�h m—i-r4{ 'u m et s-i s h a 11 kore a s -1S+ than -t- y n d o c u (2 4) 2 C4& b The minimum GROSS FLOOR AREA of the AUXILIARY QUARTERS shall be no less than three hundred (300) square feet sate and the maximum GROSS FLOOR AREA of the AUXILIARY shall not exceed fifty percent (50%)1-n-s=z=e of the remaining GROSS FLOOR AREA of the SINGLE-FAMILY DWELLING., net de-ewf _ e4sne 3ffr , J u feet size; c. The AUXILIARY QUARTERS and the SINGLE-FAMILY DWELLING shall be attached by common roof and foundation. QUARTERS heA : QLaRY-kaLPA, RI E R rd- d ea1 a'�. L4$AM La D-1 P - e a -11' h b G Y aR '�''v.. r te"tt`eC3` p-ar 1Ly-W U `-r s h-11-1`e--b-e s e. p -cg — efe --t-kaPd A ee the w-i4th 9" 2-ke- j e cteview 9 --et - e sh r es r i.!"ai all- - d' a� 6 U 1 p � d�- d m § W § fiR-S Legal Lot .,ofinition LEGAL LOT: As used in this Chapter, the term LEGAL LOT shall refer to any of the following: -T�nal ha. Any LOT created prior to September 20, 1961, prior to the adoption of the Official Subdivision Regulations for Weld County, Colorado. do. Any LOT created between September 20, 1961, and December 15, 1992, in compliance with the Official Subdivision Regulations, Weld County, Colorado, as amended (referred to as the "Weld County Subdivision Regulations"), and in conformance with the bulk requirements and other regulations of the zone district where the LOT is located. 4c. Any LOT created between December 15, 1992, and December 28, 2000, in compliance with the Weld County Subdivision Ordinance, Ordinance No. 173, as amended, and in conformance with the bulk requirements and other regulations of the zone district where the LOT is located. ed. Any LOT created after December 28, 2000, in compliance with Chapter 24 of the Weld County Code, and in conformance with the bulk requirements and other regulations of the zone district where the LOT is located. e. Any LOT at least thirty-five (35) acres in size and not part of a plat approved by the COUNTY. A LEGAL LOT may not necessarily be a BUILDABLE LOT. Page 2 of 11 Chapter 23 Zoning — C de Changes USR to SPR woth Change of Zone Add to Sec. 23-2450. - Intent and applicability. M. If a L•T has an approved and recorded SITE SPECIFIC DEVELOPMENT PLAN and the zoning on the LOT is changed to a zone district for which the existing USE requires a Site Plan Review, the Director of Planning Services may waive the Site Plan Review application requirement, if the following applies: Ta 1. The existing USE of the property is not changing or expanding beyond what is allowed without a Site Plan Review, as stated in Subsection E above; and 2. The approved SITE SPECIFIC DEVELPMENT PLAN is in substantial compliance with the requirements of the new zone district, including but not limited to bulk requirements, design standards, and operational standards. 11 _ owers an townsites and subdllvis ons wllth a USR Add to Seca 23-3-60 A: Subdivisions USRs and Sec. 23-3-65 Ag HSStork Townsite USRs TOWERS, NONCOMMERCIAL requiring approval of a Use by Special Review, as detailed in Division 10 of Article IV of this Chapter. TOWERS, TELECOMMUNICATION ANTENNA requiring approval of a Use by Special Review, as detailed in Division 10 of Article IV of this Chapter. ZPAG and SPR as US''�. Add to Sec. 23-2-150 e SPR Ontent and Applicability N. Any USE allowed by Site Plan Review may be permitted as a Use by Special Review when applied for in conjunction with a pending Use by Special Review permit or as a minor amendment to an approved Use by Special Review permit, in accordance with Division 4 of this Article. dd to Sec. 23-3-40 Ag USRs, 23-3-50 Ag Subdivision USRs, 23-3-55 Ag Historic Townsite USRs, Any USE allowed by permit listed in Section 23-3-35 in conjunction with a pending or approved Use by Special Review permit. Add to Ml R, C, and I -Zone USRs lists Any USE listed in Subsection C above, in conjunction with a pending or approved Use by Special Review permit. Add to Sec. 2344200. - Uses rrequirin zoning permits hi the agricultural urral zone district. E. Any use allowed by a Zoning Permit for Certain Uses in the Agricultural Zone District may be permitted as a Use by Special Review when applied for in conjunction with a pending Use by Special Review permit or as a minor amendment to an approved Use by Special Review permit in accordance with Article II, Division 4 of this Chapter. Farming structures Amend Sec. 23-1-90. - Definitions. FARMING: Any or all of the fflowing: Page 3 of 11 Chapter 23 Zoning — Code Changes a. The cultivation of land, b. Growing, harvesting, drying, packing, sorting, blending, storing, or selling of crops, plants, seeds, grain, flowers, or nursery stock grown by the owner and/or operator of the property, -R4 Q_JL N S -an 9 P U u U[ E . 1 t r n. •�-u=•,�� J-�u �-��` - G . � u�c`�`-9j c. Ranching and/or the raising of LIVESTOCK, including DAIRIES, apaiu! -$G-S-d R- —TIflS F -a-teertheicet-07 but excluding LIVESTOCK CONFINEMENT OPERATIONS, d. Transporting crops, plants, seeds, grain, flowers, nursery stock, DAIRY products, manure, or LIVESTOCK grown, produced, or raised on the premises to off -site facilities, but not trucking companies principally engaged in hauling products produced off -site, e. Selling of manure produced by LIVESTOCK owned by the owner and/or operator of the property where the sale occurs, and f. Storing of feed for LIVESTOCK, whether grown on- or off -site. Amend Sec. 23-3-20. - Uses allowed by right outside of subdivisions and historic townsites. E. FARMING and GARDENING, En- n a T-U-RES for stogy -g ff- cied* rre i t 4 r ,-fie r . il.. s Rd Can -gin -ern en J —p' -m-t---€44/0 1� L U gym c-8—G-e-Rv '_r 1 -T—ca J Ply Y��^I �^ �Rr/�?+ {,� ��;��./��,�y � � �; .. �G v t��',� r rr,^_, •s q v ��, r� ��, ,r', 9 r,�, � ��f/��I��l�. P�1 /� i �' ' -�, ��p}< lb°a ,�+ ��y..�p; •� ` � n �^ y/1 Ilia U U4�' C� , G U U o d II��'�JJ — U � �..e r —re- 14 I 1- -h1 J— i� c D Vs T �L.� �� U U ra Rat b @,. �,/J� :I- . � � G Grp .,9 "ayp1 orb u" ei, u CThi..: r s u tea.. e a a O p far (f the e f' i }, Pl " CF �4 P ( S r� G G gp i o rr p ief i rnr�, to ' t � � `n u e ��1 u e . U u ti g e$--- r i s of I t u r V r i u is or £on fnemFe Gt o r e -e a 4i E 4 Amend Sec. 23-3-30. - Accessory uses outside of subdivisions and historic townsites. H. STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3-20, including STRUCTURES for FARMING and GARDENING, for storage of agricultural equipment and agricultural products and for 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 agricultural equipment or agricultural products or confinement or protection of LIVESTOCK. Amend Sec. 23-3-45. - Uses allowed by right in subdivisions and historic townsites. D. FARMING and GARDENING.-! a tic ak ' 'mod l p r' J q 1 w �ru -e fle -ente �: se -(n JYP o 4 R_g ST -R CPu rstar P-� I F ritt-twa-ll--eqOartseart-a-nd of L LV - Cal, r i-a-lly e d , m '-" d ke d , E K (Fed o'r -e f a u`- �nbi' i sin- ® v -A4 U`trr C-TU+SF 49 a i -sh'' al-i-"net be -+ • ' ° .r e x- p: WI- rG e ,�e stare, ge f a °-k w a a �! - e >r� � st B G a� s'\ ed � r,.�' ��Z �� - �. �L. •«� h +,d J� u Y a�u u J p •$- rP•'P ri° �g ' rq i G t^,, af` p g C3II J 4'� "3t.,± u Amend Sec® 23-3-50. - Accessory uses in subdivisions and townsites. G. STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3-45, including STRUCTURES for FARMING and GARDENING, for storage of agricultural equipment and agricultural products, and for confinement or protection of LIVESTOCK. Converted, partially dismantled, modified, altered or refurbished MANUFACTURED HOMES shall not be utilized as agriculturally exempt BUILDINGS or for the storage of agricultural equipment or agricultural products or confinement or protection of LIVESTOCK Page 4 of 11 Chapter 23 Zoning — Code Changes 4 -% Rule —ACC ssory Buildings Amend Sec® 23-3-50. ccess ry uses in subdivisions and tonsit s9 R-1, R-2, R -3O R-4. R-5 identical The following BUILDINGS, STRUCTURES and USES shall be allowed in the A (Agricultural) Zone District on LOTS in SUBDIVISIONS and HISTORIC TOWNSITES so long as they are clearly incidental and ACCESSORY to an allowed USE. Note: Th - e.. -ne --G .,�. ; 4QOR , A ;G S,SQR f B . N -i -�- et ka f A-61-€7-6, ..a �1. :1� '6�l' t� ii d L Q ne-s-s t- d f a e F A,- ara ee-� 4n—&USCjMS 0, N p" ti U I&QP4C U Q F₹ 6 __I:1 -E, 1 1 -,A -net en sa-nd-a-cd. g-atr • ve r, ° c-. - . .�_i, -,- . ..:e 6 `• a-� Ra g4z-4-�- -�"�$ r a -w� - , I ! ad here , e... u u. � o �.. � �a d s...+' � a U "F. .. � .� 9 5 U u v.e. seesh-al-B--540L. CCESCAR-31-aceet Mee. th` 9- ' wo veaQ fi fWth L -r R °P -al - .di E -LL II Nr d 1 aR `e. 'c QT _ ! ee-* fib/ W R. -A- + a E SQ-'RH o lL9 -R�E--norafe-e en' -nfcra-i , � c� -n-e -rS- -n- —a“ke- �, e'°9- � t - '- -n ° a Amend Sec® 23-3430 ® Us A. •ih s by special reulew iY= subdivisio so BUILDINGS or STRUCTURES exceeding the maximum footprint, as detailed under Section 23-3-70.G. q _ L. sgpAif airu' d a 'RO r- 1 s t _ - hR 1 �P , 'o e��!"�ti - ,e ° - �I `F a i� �`u'� n e �'U�,+ S& • die M r''P'6 u a o a e e d o a �''� r ( u`) `u- 8$ —the e4e L!s° _ U area, a,-,'- --taa"a` S—kciSect o, -R -2-3-3-=g0 abe Amend Seca 23-3-65. — Uses by special review in historic townsites. A. Add t BUILDINGS or STRUCTURES exceeding the maximum footprint, as detailed in Section 23-3-70.G. AC- - \� B ° . e °-a,4� e P Q �P F LO. • �� r ".' '° r in fg�yg a(..�C/p'p' ) ,,�� r�. � � YL � � � � 8 1��d� 8-�-�-��i w:�i �,* '��S��4 ". a�J 'u��____� 0 � '1..✓q H lr�Tl�� y11-�� as d e t anted- n- e t- ./WWb...W _ �. e .. 9 J 333 Sec 23-3-70. - Bulk requirements. G. The combined footprint of all STRUCTURES, excluding fences, in SUBDIVISIONS and HISTORIC TOWNSITES shall not exceed fifty percent (50%) of a LOT without an approved Use by Special Review permit. Amend Sec® 23-3-110. - Rol (Low -Density Residential) Zone District, R-2, R-1 R -4o R-5 identical F. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained in the R-1 Zone District upon approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. 1. Aan, ESSQ ' ; 4J 4 LD ° -G S wit ° a-- -- - ` -R-EA of r: hei- a -p -e - -e ri e IOU e - -V:aT- 2. a-tce-a, as d- �-a.�� i �o rrn 4- a s%3 a tL• g rr a p, D a ,ave nG 9 0 0 � 11 � '�� d �v'8'1I��1i" �r cr . BUILDINGS or STRUCTURES exceeding the maximum footprint, as detailed in Section 23-3-160. Amend Seca 23-3-160. - Bulk requirements - Table 2302 G. 1. Maximum LOT COVERAGE (%;i 2 Maximum combined footprint of all STRUCTURES (% of LOT) 25 6-0 60 25 70 60 Building OR Structure oil and gas setback Amend Seca 23-3-7Oa - Bulk requirements. No occupied BUILDING SfR-CTUR shall be constructed within two hundred (200) feet of any TANK BATTERY, within one hundred -fifty (150) feet of any oil and gas wellhead or within twenty-five (25) feet of any plugged or abandoned oil and gas well. Page 5 of 11 Chapter 23 Zoning — Code Changes Zoning Permits (temporary manufactured homes/offices/rvs, semi storage, corn. vehicles, 2nd dwellings) 28 days to 21 days Amend Sec. 23-4-230, Sec. 23-4-930, & Sec. 23-4-980 - Delegation of authority B. The Department of Planning Services has sent notice and not received signed notification of at least thirty percent (30%) of surrounding property owners within five hundred (500) feet of the subject property in opposition to the location of the MANUFACTURED HOME, MANUFACTURED STRUCTURE, or occupied RECREATIONAL VEHICLE within we -ft eigh4t twenty-one (21) days. Add Sec. 23-4-140. sa• :a -.egg, Non -transferable. Upon determination of the Department of Planning Services, a Zoning Permit for a temporary or an annual use shall not be transferable by the applicant and/or owner to any successor. The Zoning Permit for a temporary or an annual use shall terminate automatically upon conveyance of the property. The MANUFACTURED HOME / MANUFACTURED STRUCTURE shall be removed from the property or a new Zoning Permit shall be applied for and approved. Extensions & other minor changes Amend Secs 23-n-150. - Temporary use during construction of residence. F. Extensions of six-month increments beyond the above eighteen -month period may be granted only by the Board of Court ommissioner-s Commissioners shall hear Board. The Board of County Commissioners shaPrgive n the meeting date hu • r r Director of Planning Services a son as owners rh notification s r f 2 ke&u- e —m e mot i ng of the e -n - for a zoning -permit ao . le'at-ed within five such list or the Department of Pale a s a3 e ing such notice shall net-er-eate a jur isdictdefect i-n--thc per -m -it processr evo tl such errec esal -i-n the failure of a aa MANUFACTURED HOME sr (10) days p L iEo I 43-i-ned. The sign date and a to -a -t• -least ten he meeting date and evidenced with a photograph. -I4'ts review of an a -p -p at 7 CO pursue construction di 'gently and any unfo-re-seea 3 e Of un a +dab . c circumstances shall con ' d'er compatibili harm -e+ immediate aE COUNTY. . ;'-�?-GREATt_O N A L VEHICLE with 10OD, its effects upon the e -area and the re oft Page 6 of 11 Chapter 23 Zoning — Code Changes Amend Sec. 23-4-160. - Temporary storage of unoccupied manufactured home. F. A zoning permit for TEMPORARY storage of a MANUFACTURED HOME shall be for a period of six (6) months- a dss rene ,r.: -t-io al sir -xi -month p only - r et the dog°- and any extensions shall be determined by the Director of Planning Services. Go e -Par --Co uy W-+mom-s-s-i, -n MI-Ra-RARX storage of a ,M l-kg-efle a +i o -e--n ' ^ -a-- -n p � wit - nos G '�.+' cs-s, -al-kg-kge n ose-� cn -� s k4 the a -o ca n � -rope r - - -- - E �� n-r'ye co-n� �tion. Su eti cati- � -a- s be ran A -A 1�fsc-lass, net b f -o -&-h ^ e L ri ng . S q �,{'` h -n i c - i-s n �� -�i ��-3; ,-a statute e and u 1 t.. a u it '�. U 'ti. *�i n Pee �.. � Y Y� Y .�"i�i.'�G-�-li Ir � � '�.J�C'u a.� v� a.... .S 1. �.0 4, l � r -i,e d�- s�--a-c o -u e 3me s "�-`tn t d -C-[" g re-p-e-wners (the s .;4aee_e- -tce �r� - --' n �"'-r FO FS y to a-� p � �� s u , -; s��- � �e��-rn-nt o R n Se i - -n-s- &n -nom ' is n ere�aa-t-e u risd ictie- 1- inc- ae i- c ss, ea -� ` s u rn---efror re -suits is in- !urge of a 5-u-rrou n4H pre pe rty owner to rece ve such-� catie . The De pa - oan y � rnn-n-i ng Se -n ce-s s� , pest a sibe=�J-;,�-�:P �� - u--. isati n g been re qi t l , -- -=`o r the ip j 'the act la -endd a �. -e-ahe rSae r where turner i- ear- atle n n y- ab:a iced . The sign s h�a- o _-� -t-e 9 --at -t -X41- �v 4ior ,aid --e -e ,d With a ph ota t h -e -II a erd f-- - -n- is s io ne rs s h °i co n i ny4e � i rn� of---s-urrreund ig proper y -e ners concer -�d lure-cf -ems --o- - . , "� A- ED ' t -E on surf/au-ad-if-fig g of-- �n-� ' C f- i ss4e a e-rs s h �--a Ise cons 1 whether the a s aat h s r -a- e c� rnti -moth t h -e r -e is of u -4-o-1 ,- �e g h D as °e, a s w&4- a s X4-04 � � °-- C -�j a f PLkR '� �' w ft -C -t� -e-�. -f ' { - 1: �' - vR � " th the c'} �'-a-{ ac er &f t nre -- - ��i D - f= -cis- tpon the I-� -ti's t a -r , and -the general -G o ,� e y� a{4-€ we ifa re of �E P n -P a -n- �I -are--a-a44,--theCOUNTY. 0 4o Amend Sec. 23-4-170. - Annual accessory farming use. A. A zoning permit for the annual USE of one (1) MANUFACTURED HOME for an ACCESSORY FARMING USE, on a LOT in the A (Agricultural) Zone District, in addition to a principal principle DWELLING UNIT, may be issued by the Department of Planning Services upon determination that: 5. ea!ST, The MANUFACTURED HOME is not the first DWELLING UNIT on the parcel of land. The first DWELLING UNIT on a parcel of land does not require a zoning permit. Add to Sec. 23-4-180. - Annual accessory use during medical hardship. A. A zoning permit for the annual USE of a MANUFACTURED HOME during a medical hardship on a LOT in the A (Agricultural) Zone District, in addition to the principal DWELLING UNIT, may be issued by the Department of Planning Services upon a determination that: 4. The MANUFACTURED HOME is not the first DWELLING UNIT on the parcel of land. DWELLING UNIT on a parcel of land does not require a zoning permit. D. A MANUFACTURED HOME permitted as a TEMPORARY USE during a medical hardship have a permanent foundation. The first shall not Page 7 of 11 Chapter 23 Zoning — Code Changes Stacked Cargo Containers Amr nd Sec. 23-44 no. Cargo containers used for stora e, an office, a dwelling or any habitable use. C. CARGO CONTAINERS outside of Industrial (I-2 and 1-3) zone districts shall not be stacked on top of each other unless incorporated into a STRUCTURE. CARGO CONTAINERS in Industrial (I-2 and 1-3) zone districts shall not be stacked more than three (3) containers high. Mnd Generator Fall Zon Amend Sec. 23®4.-4500 - Wind generator st ndards. C. All WIND GENERATORS shall be set back from property lines, PUBLIC RIGHTS -OF -WAY and access easements a distance of at least one (1) times the height of the generator- a and as— -eekte4- et—th+t ter ''al-a4e-s4-.sor within a recorded fall zone easement that is a distance of at least one (1) times the height of the generator. Second Sung6e FamaEy Dwellings Amend Division 8 Second Single Family Dwelling._i_SA;(4o Amend Sec. 23-4-600 — Require ents for a second sin le -family dwelling. Where a second SINGLE-FAMILY DWELLING is permitted in Article III of this Chapter, the following criteria shall be met prior to issuance of a t dt-n-g permit for said dwelling: A. The LOT shall be at least one (1) acre with PUBLIC WATER or two and one-half (2.5) acres water a±ea. and be a LEGAL LOT. with well B. The second SINGLE-FAMILY DWELLING shall have a permanent, engineered foundation. C. Where Article III of this Chapter requires issuance of a zoning permit for a second SINGLE-FAMILY DWELLING, the process described in this Division shall be followed. PR-ary- -Rewit u n 1� - � ;c his � ed . Where Article III of this Chapter requires approval of a Use by Special Review for a second SINGLE-FAMILY DWELLING, the process in Division 4 of Article II of this Cede - Chapter shall be followed. D. Only one (1) permit for a second SINGLE-FAMILY DWELLING may be issued for each LEGAL LOT, where permitted. E. Adequate water and sewage disposal facilities are available for both principal and second SINGLE- FAMILY DWELLINGS. F. The second SINGLE-FAMILY DWELLING is compatible with surrounding area, in harmony with the character of the NEIGHBORHOOD and the immediate area. Add Sec. 23-4-61®. Submittal requirements. An application for any zoning permit for a second SINGLE-FAMILY DWELLING shall include the following: A. Application form, which shall include parcel number(s) of the subject property; property acreage; name, address and telephone number of property owner and applicant, if different from property owner. The applicant shall sign the form. If the applicant is not the owner of the property, an authorization letter signed by the property owner shall be included. B. A copy of a deed or legal instrument identifying the applicant's interest in the property. Page 8of11 Chapter 23 Zoning — Code Changes C. Articles of Organization or Incorporation documents if the owner is a business entity. Include Statement/Delegation of Authority documentation. D. Trustee documents if the owner is a Trust. E. A Statement of Taxes from the County Treasurer showing no delinquent property taxes for the property under consideration. F. A sketch plan of the site at the scale of one (1) inch represents fifty (50) feet or other suitable scale to show: 1. The proposed location of the second SINGLE-FAMILY DWELLING, including distances from the LOT lines and other STRUCTURES on the property. 2. Access to the second SINGLE-FAMILY DWELLING, indicating whether the access is existing or proposed. Access shall be shown on the sketch plan and shall be shared to the extent possible. Existing accesses shall be preferred. 3. Location and measurements of any easements or rights -of -way. 4. Number and length of road frontages. 5. Identification of any county, state or federal STREETS/ROADS or highways. 6. Existing STRUCTURES on the property. 7. Location of initial and replacement leach fields for any existing or proposed Onsite Wastewater Treatment Systems. G. Evidence that a water supply of sufficient quality, quantity and dependability is or will be available for each SINGLE-FAMILY DWELLING. A letter, permit, or bill from a water district, municipality, or the Division of Water Resources are examples of evidence. H. Evidence that adequate means for the disposal of sewage is or will be available for each SINGLE- FAMILY DWELLING in compliance with the requirements of the Department of Public Health and Environment. I. Application fee. J. A signed buffer report and affidavit of the names, addresses, and parcel numbers of the surrounding property owners within five hundred (500) feet of the property. The buffer report shall expire thirty (30) days from preparation. Add Seca 23-4-630. Prig{cedureo A. The Board of County Commissioners delegates the authority to issue a Zoning Permit for a second SINGLE-FAMILY DWELLING on a LEGAL LOT in the A (Agricultural) Zone District, which otherwise requires the approval of the Board of County Commissioners through a public hearing process, to the Department of Planning Services upon a determination by the Department that: 1. The application is in compliance with the criteria identified in Section 23-4-600. 2. The Department of Planning Services has sent notice to and received signed response from no more than thirty percent (30%) of surrounding property owners within five hundred (500) feet of the subject property in opposition to the location of the second SINGLE-FAMILY DWELLING. Any notice not received within twenty-one (21) days shall be deemed a positive response of said request. Page 9 of 11 Chapter 23 Zoning — Code Changes B. Should the application not meet one or more of the criteria listed in Section 23-4-630.A, the Board of County Commissioners shall hear the application at a regularly scheduled meeting. 1. The Board of County Commissioners shall give notice of the application for a zoning permit and the meeting date to those persons listed in the application as owners of property located within five hundred (500) feet of the parcel under consideration. Such notification shall be mailed, first class, not less than ten (10) days before the scheduled meeting. Such notice is not required by state statute and is provided as a courtesy to surrounding surface estate owners. Inadvertent errors by the applicant in supplying such list or the Department of Planning Services in sending such notice shall not create a jurisdictional defect in the permit process, even if such error results in the failure of a surrounding property owner to receive such notification. 2. The Department of Planning Services shall post a sign for the applicant on the property in question indicating that a second SINGLE-FAMILY DWELLING has been requested for the property, the meeting date and telephone number where further information may be obtained. The sign shall be posted at least ten (10) days prior to the meeting date and evidenced with a photograph. 3. The Board of County Commissioners shall review the application based on the approval criteria in Section 23-4-600. Division 17 - Zoning Permits for Certain Uses in the Agricultural Zone District Amend Sec. 23-4-1200. - Uses requiring zoning permits in the agricultural zone district. C. If approved, the Zoning Permit Plan shall be recorded by the Department of Planning Services prior to commencement of the USE or construction, except r -a second SI- ,G-LEMM!LY DWELLING, which spa a l l not regbdr,-a- may be hand -drawn All Zoning Permit Plans for USES other than second SIN-GLE FAMILY DWELLINGS shall be digitized with electronic signatures and seals or shall be delineated in nonfading permanent black ink on Mylar or other drafting media approved by the Department of Planning Services with original signatures and seals in permanent black ink. The applicant shall pay the recording fee. If the required documents have not been recorded within ninety (90) days from the date of approval or if an applicant is unwilling or unable to meet any of the conditions within ninety (90) days of approval, the Director of Planning Services may refer the application to the Board of County Commissioners, which may revoke the zoning permit following a public hearing. The applicant shall be notified of the public hearing at least ten (10) days prior to the hearing. Prior to said hearing, the Director of Planning Services may grant a one-time extension of up to ninety (90) days, for good cause shown, upon a written request by the applicant. Before this extension has expired, the applicant may seek a further extension from the Board of County Commissioners by written request to the Director of Planning. If the Board of County Commissioners denies the extension or if the conditions are not met and the required documents recorded by the date specified by the Board, the zoning permit approval shall be voided, and the application denied. Amend Sec. 23-4-1220. - Application requirements. C. A Zoning Permit Plan of the property, a draft of which shall be submitted in electronic (.pdf) format and if approved shall be submitted on Mylar or other drafting media approved by the Department of Planning Services. The Zoning Permit Plan shall include, as applicable: 7. The Zoning Permit Plan shall bear the following certifications, except-fo-, Pala LING: Page 10 of 11 Chapter 23 Zoning — Code Changes Swimming Pools & Tennis Courts Add to Sec 23-3-309 - Accessry uses outside of subdivisi •sns and historic t , nsitesa J. Swimming pools/ tennis courts and similar ACCESSORY USES. and STRUCTURES Add to Sec 23-3-500 - Accessory uses in subdivisions and townsitesa I. Swimming pools, tennis courts and similar ACCESSORY USES. and STRUCTURES Historic Townsite Punctuation Corrections Amend Sec. 23-5-430. - Requirements. B. Resubdivision. 1. Resubdivision within a HISTORIC TOWNSITE may be necessary to combine LOTS, change interior LOT lines, incorporate vacated Y"hgo Jas` o a RIGHTS -OF -WAY into LOTS, remove vacate property from a HISTORIC TOWNSITE, vacate t -s e$ _ way RIGHT-OF-WAY, or create additional LOTS, subject to the requirements of Chapter 24, Article VIX of this Code and this Division 5. 2. In addition to the requirements and procedures for resubdivision provided in Chapter 24, Article VIX of this Code, the following statement shall be included as a note on the resubdivision plat of property located within a HISTORIC TOWNSITE: FFIS T QPJ�� N& , E Historic Townsites are an important part of Weld County's history, culture, and economy. These subdivisions were created in the late 19th and early 20th centuries. Persons moving into STCRI- 7 ° ---P - S Historic Townsites must recognize and accept there are potential drawbacks in 4otT r!-G-TOWa Historic Townsites that may not be present in modern subdivisions, including concerns related to stormwater drainage, water supply limitations, setbacks between wells and septic systems, road access, and road maintenance. Weld County does not maintain internal roads within H4ST - ,N) m unless expressly authorized by resolution of the Board of County Commissioners. Historic Townsites As Detailed... "...as detailed in Division XX of Article XX of this Chapter" added to several sections for clarity. Principle v Principal Amend Sec 23-4-170 - Annual access*ry farming use® A. A zoning permit for the annual USE of one (1) MANUFACTURED HOME for an ACCESSORY FARMING US! on a LOT in the A (Agricultural) Zone District, in addition to a principal pthiciple DWELLING UNIT, may be issued by the Department of Planning Services upon determination that: Page 11 of 11 right anywhere in the Ag !P Ch n es to ha r 23 Executive Summary April �, 2021 T pis k a summary of proposed changes to Chapter 23, Zoning. The OH proposing other changes simu taneously that may affect this pr000sa gricuiturall Producflon versus Ag icuituraD P ocessng Cti O Gas Energy Depart eni is _free current Code c.etinition for Agricultural Production refers -�,, agricJ tura support anc service businesses, such as "arm equipment sa es, oil extraction, and e evator storage. The code states that Agricultural Production uses require a ZPAG permit, -referring to ag support and service businesses, such as'arm arm equipme t sales. This has caused confusion in the agricil-yural sector. The common cefinition r Agricultural P'.duction is commercial farming. Farming is a use by zone. Changing the term for oil extraction and canning to "Agria;ltL, ral Processing" and placing that under Agricultural Sup3ort ano agricultural production, is a use by righ Awxdhary Quarters Service will clarify that farming, often called Auxiliary Quarters, often called mother-in-law suites, are part of a dwe ling and can function as independent dwelling units, such as basement apartments. They use the sae water and sewer services used by the rest of the home, so staff recommends rern ving the 2.5 acre requirement. he current code also says that the units cannot be rented out, but staff is not interested in whether or the unit is rented, only that it be part of the dwelling, s, as to not impact the area he he code says that :he occupants have to contribute to the needs of the occupants of the rest of house. Staff finds this to be subjective and recommends removal. a .M,p tca r:.�ntt alr '� ere.i :,n, x • :*'er z..1 sus rt�a4.. F. _♦.. Rte• '...4%;";'• { ;a" _• ;y•so .€Stir' t The current code limits these quarters to 1,000 square feet regardless of the size of the rest of the home. A separate ru e states that ,he quarters may no-, exceed 50% oa the total square footage of tie home. Staff finds that the 1,000 square feet rule is arbitrary and that the 50% limitation is sufficient to ensure that the dwelling d es not turn into a c uplex. The final suggested removal regarcs the exterior view of the auxiliary quarter. Staff f finds that the common roof and ncation are sufficient means of regulati'r without a projected view requirement. Planning Cod e range Summary Page 1 o r 6 Legal Lot Definition A lot within a Historic Townsite may have been illegally deeded or split. This code provision inadvertently makes ANY lot legal, just because it's in a historic townsite. Small townsite lots are protected by the next provision that states any lot created prior to subdivision regulations (1961) is legal. Just because a lot is "legal" doesn't mean it is large enough to be "buildable." These smaller lots in Dearfield are 0.07 acres and are 25 feet across, leaving 15 feet of building space after minimum offsets. The minimum lot size for unplatted property was reduced to 35 acres with the last code update. Part of the intention was to "legalize" the many quarter -quarters that had been split according to state statute but were unbuildable because they did not meet Weld County bulk requirements. Staff almost got it right. The Legal Lot definition needed to provide for lots that were not created in accordance with adopted subdivision regulations at the time of their creation but are now accepted because they are over 35 acres. Platted lots are excluded, because they may only be amended or divided through a County -approved replatting process. Bulk Requirements in the A zone are proposed to be updated to match this definition. USR to SPQR with Change of Zone Note the new language for dealing with properties added to a commercial or industrial zone district that are not proposing changes to an already operating business. Creating a simplified site plan process for these properties helps fulfill the Comprehensive Plan goal of being business -friendly and facilitating shovel -ready commercial and industrial properties. Tall Towers in townsites and subdivisions with a USR These were omitted from the big 2019 code change. Planning Code Change Summary Page 2 of 6 ZPAG and SPR as USR Uses allowed by zoning permit or site plan review could be included in USRs. This will simplify complicated site permitting with one site plan per property. The provision does not include items requiring a W GLA or a LAP from the OGED Department. Think about an event center that would like to add a bed and breakfast or shooting range. Farming structures over va Removing ag structures from the definition of farming simplifies a redundancy in the code. Structures were added to the definition in 2019. Accessory structures are also listed under accessory uses. Farming is the "use" and the barn is "accessory" to the farming operation. Staff has concern cant parcels that become storage yards and non-commercial junkyards. Planning Code Change Summary Page 3of6 Bulk Requirement Changes 4% Rule — Accessory Buildings The "4% Rule" limits accessory buildings on lots in subdivisions and townsites. Lot coverage rules are "bulk requirements" and staff suggests moving lot coverage rules to the Bulk Requirements section. 4% Rule to 50% maximum footprint There is a fundamental issue with the 4% rule. It only applies to accessory structures and not to the principal structures. This encourages evasion as people come up with creative solutions to attach a barn or other outbuildings to the house to avoid having to apply for a USR. If the 4% rule is meant to protect other properties from drainage or air space/sunlight issues, it isn't working because it doesn't consider principal dwellings. And for those that ARE following the rules by obtaining a USR to exceed the 4% rule, most are for 4.5% or 5% only, the USR preparation is expensive, time consuming and not in proportion to the request. Area: 3336.56 fF Pesirr= ter. 7928 ft I •A Area: 1.31822 ft= Perimeter 149.82 ft Area 9244 ftz Perimeter 150.6511 eft Staff suggests moving to a maximum building footprint model that will be more forgiving to owners in subdivisions in most situations but will help curb the awkward evasion tactics. As this would affect any building permit within a subdivision or townsite in the A Zone District and building techs will need to quickly assess the lot coverage factor, staff suggests considering the total built structures as seen from best available imagery, not counting paved surfaces or multi -story buildings. The R -zones already had a Lot Coverage limitation in addition to the 4% rule. These were at times in conflict. R-1 and R-2 resemble the E -zone and the A -zoned residential areas, so those lot coverages are proposed to use the maximum combined footprint calculation. As R-3 through R-5 are generally commercial and are approved through the SPR process, we left the traditional lot coverage numbers. Building OR Structure oil and gas setback A "building" is an occupiable structure and is sufficient on its own without the term, "structure". There is some consternation from the oil and gas industry that unoccupied structures are often allowed too close to O&G facilities. This change does not address this issue. "Structure" includes all buildings, decks, pergolas, et cetera. Planning Code Change Summary Page 4 of 6 Zoning Permits 28 days to 21 days response time This is the time allotted for surrounding property owner response and staff finds that 21 days are sufficient. Nontransferable Zoning Permits (some manufactured homes, semi storage & cote vehicle parking)) Temporary or annual zoning permits do NOT transfer with ownership. Staff requested that this be returned to the code. It was removed with the large 2019 code update. _Extensions for temprary permits other manor clean up This change would give the Director the ability to extend temporary manufactured structure zoning permits, so that they do not have to go before the B CC. No limit on extensions was included with the change but may be something to consider adding, Stacked car g containers The proposal adds the ability for stacked cargo containers, 3 high, in the I -zones only, unless incorporated into a structure, such as a house or used as walls for a barn. Wind Gener£ for Fail Zone The size of blades changes periodically. This has creates a problem with the listed setback rules. Adding this fall zone easement provision similar to what is used for telecommunication towers will provide a solution. Second Shnee Faraly DDings This separates back out the second single family dwelling permit into its own category. The last update combined the ZPSD with ZPAG and the result was very confusing. ZPSDs do not require site plan maps and have very few application requirements in comparis•:n to most ZPAG applications. Staff would like to keep them separate. This will need a =EE associated (Chapter 5J amendment - $1000). Further consideration Oil and Gas Changes to Chapter 21 '. 23 Planning Code Change Summary Page 5of6 pose. Changes to Ch:t1it:Tr Rural Land Division Standard Staff requests the repeal of standard #5, requiring that an RLD be at least 1 mile from a municipality. There is another standard that the RLD meet "nonurban" or "rural" requirements. The nonurban requirement is that it be outside of a mile from sewer, not from the municipal boundary. 4=4 M4.//[4 .s.t..acftzis `' tfrt ,C,,,,17""="1 "js ��r e�«,��*+rj a.Y SIM gal a* Kr* laac 4 .I•I[at c.c." ..t•ar owrr. a IS arcs r-ewr.e •eat a .1J e?.) N east ' ta we ~Mae Cat 40804.41 «c.+4nano * 10-C alf_ a^•A e' ..Ya•Kasa .. g. 'Ms . I 0 rac.rew wawa y. "arMkir Y ]IO� ..TKtrV4 NEAV1 . s.* 1 t� • 'Ye� agCrii a as aaal reww•e e C— asrfr! Sean 101 o sas tar „1 wwarp..+wLLa ..arcs-✓ r•Yt u ama as : I err' k ....ar.laaa «r a 1Ioths PIA let tritketteee," .e it -fan.. napaaw M} t as HMV* 0mM RE/SE Vacation Nat coaarr 1107.174.7 J.Y`MM awe on. »rt.Y co a I —w• MCCAW Abet 11 ' t -a .la.i.Md. fieftergrilvitttLai:AL 2t r Lot Line Adjustment L _:I : Li • Staff recommends the removal of the clause that a lot cannot be created through a lot line adjustment. This does not evade County subdivision regulations. The proposal adds a "partial" option to the RE/SE plat vacation. It allows a lot greater than 35 acres to be removed from an exemption plat. RECrx19-0130 LOT B RECx19-0130 LOT C: RECX19-0'130 LOT • •W 5 LOT.A Planning Code Change Summary RECx14-0O 8 -82 .LOT A RECX19-0130 LOTH RE -2178 LOTH te0117 B x01.17 A 14 RE -3291 LOT B RE -4940 LOT A RE -4948 LOT B RE -4940 LoT +d RECX15.0 S5 LOT REC 15-0165RECfx15;0155 L T -A LOTB LOT Ar` RE Dx15.0165 LOT D RECK16.013i --crtt_ca Page 6 of 6 Hello