HomeMy WebLinkAbout20202315.tiff G v D
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Cher YI Hoffman t
To: Jim Flesher; Tom Parko (tparko@weldgov.com)
Cc: Esther Gesick; Cheryl Hoffman
Subject: FW: ORD2020 - 11
Yes, that would work . See below changes . I ' ll calendar the dates as corrected , if that' s okay with everyone .
Cheryl L. Hoffman
Deputy Clerk to the Board
1750 O Street/P. O. Box 758
Greeley, CO 80632
Tel: (970) 400.4227
choffman@weldgov.com
From : Jim Flesher <jflesher@weldgov . com >
Sent: Wednesday, August 19, 2020 2 : 58 PM
To : Cheryl Hoffman <choffman@weldgov . com >; Tom Parko Jr. <tparko@weldgov . com >
Cc : Esther Gesick <egesick@weldgov . com >
Subject : RE : ORD2020- 11
The 3rd reading was originally scheduled for 9/ 14 . Could we make that the 2nd reading and have 3rd
on 9/28 ?
From : Cheryl Hoffman < choffman@weldgov . com >
Sent : Wednesday, August 19, 2020 2 : 36 PM
To : Tom Parko Jr. <tparko@weldgov . com >; Jim Flesher < *flesher@weldgov . com >
Cc : Esther Gesick < egesick@weldgov . com >; Cheryl Hoffman < choffman@weldgov . com >
Subject : ORD2020- 11
Since the first reading notice was published incorrectly, I am offering some new dates :
1st Reading — 7/27 ( already held )
Send to paper — 8/21 ��
Let
6.049 �
'`
Publish 8/26
2nd Readin — 9/ 14 s
n
g
�1 I) X77t�,r "" c �
111
Sen -c to paper 9/15 yt,
Publish - 9 18 te53-1/Aej
rd � � 9jaret2 � St-
e,ffeac-ge-otta;erf /3 Reading — 9/28 -#,
Send to a - 929p p fer �
Publish — 10/2 - - ._ � P al-ti-e0c-f--3
Effective 10/7 fz4---
ems=
Please let me know if these dates work for you . Of course the 2nd hearing scheduled for Monday, 08/24/20 is cancelled.
Cheryk L Hoffrrnari
Deputy Clerk to the Board
1150 O Street/P. O. Box 758
1
Greeley, CO 80632
Tel: (970) 400.4227
choffman@weldgov.com
2
NOTICE OF
FINAL READING OF ORDINANCE
Pursuant to the Weld County Home Rule Charter, Ordinance
Number 2020-11 published below, was introduced and, on mo-
tion duly made and seconded, approved upon first reading on
July 27, 2020. A public hearing and second reading is scheduled
to be held in the Chambers of the Board, located within the Weld
County Administration Building, 1150 O Street, Greeley, Colorado
80631, on August 24, 2020. All persons in any manner interested
in the reading of said Ordinance are requested to attend and
may be heard. Please contact the Clerk to the Board's office at
phone (970) 400-4225, or fax (970) 336-7233, prior to the day of
the hearing if, as the result of a disability, you require reasona-
ble accommodations in order to participate in this hearing. Any
backup material, exhibits or information previously submitted to
the Board of County Commissioners concerning this matter may
be examined in the office of the Clerk to the Board of County
Commissioners, located within the Weld County Administration
Building, 1150 O Street, Greeley, Colorado, between the hours of
8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed
through the Weld County Web Page (www.weldgov.com). E-mail
messages sent to an individual Commissioner may not be in-
cluded in the case file. To ensure inclusion of your e-mail corre-
spondence into the case file, please send a copy to egesick@
weldgov.com.
ORDINANCE NO. 2020-11
ORDINANCE TITLE: IN THE. MATTER OF REPEALING AND
REENACTING, WITH AMENDMENTS, CHAPTER 23 ZONING, OF
THE WELD COUNTY CODE
DATE OF NEXT READING : August 24, 2020, at 9:00 a.m.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
DATED: July 31, 2020
Published: Greeley Tribune August 5, 2020-1726131
Prairie Mountain Media, LLC
PUBLISHER'S AFFIDAVIT
County of Weld
State of Colorado
The undersigned, Elizabeth Macs , being first duly
sworn under oath, states and affirms as follows:
1. He/she is the legal Advertising Reviewer of
Prairie Mountain Media LLC, publisher of the
Greeley Tribune.
2. The Greeley Tribune is a newspaper
of general circulation that has been published
continuously and without interruption for at least
fifty-two weeks in Weld County and
meets the legal requisites for a legal newspaper
under Colo. Rev. Stat. 24-70-103.
3. The notice that is attached hereto is a true copy,
published in the Greeley Tribune
in Weld County on the following date(s):
Aug 5, 2020
Signature
scribed and swor
b
Notary Public bs
(SEAL)
1!
e
o me before me this
a 1
SHAYLA NAJERA
NOTARY ARY PUB=
STATE OF COLORADO
I q NOTARY ARY ID 20174031965
M
Y COMMISSION EXPIRES JULY 2O21 `L 31,
�vrec--sue-� ,man vrc a nIECarC-a1f-
Account:
Ad Number:
Fee:
1099690
1726131
$13.30
1.4
NOTICE OF
FIRST READING OF ORDINANCE
P ursuant to the Weld County Home Rule Charter, Ordinance Number 2020- 11 published below ,
was introduced and , on motion duly made and seconded , approved upon first reading on
July 27 , 2020 . A public hearing and second reading is scheduled to be held in the Chambers of
the Board , located within the Weld County Administration Building , 1150 Street , Greeley ,
Colorado 80631 , on August 24 , 2020 . All persons in any manner interested in the reading of said
Ordinance are requested to attend and may be heard . Please contact the Clerk to the Board ' s
office at phone (970) 400-4225 , or fax (970) 336-7233 , prior to the day of the hearing if, as the
result of a disability , you require reasonable accommodations in order to participate in this
hearing . Any backup material , exhibits or information previously submitted to the Board of County
Commissioners concerning this matter may be examined in the office of the Clerk to the t oard of
County Commissioners , located within the Weld County Administration Building , 1150 O Street ,
Greeley , Colorado , between the hours of 8 : 00 a . m . and 5 : 00 p . m . , Monday thru Friday , or may be
accessed through the Weld County Web Page (www . weIdgov . com ) . E- mail messages sent to an
individual Commissioner may not be included in the case file . To ensure inclusi • n of y . ur e-
mail correspondence into the case file, please send a copy to egesick we & d * ov . com .
ORDINANCE NO . 2020- 11
ORDINANCE TITLE : IN THE MATTER OF REPEALING AND REENACTING , WITH
AMENDMENTS , CHAPTER 23 ZONING , OF THE WELD COUNTY CODE
DATE OF NEXT READING : August 24 , 2020 , at 9 : 00 a . m .
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY , COLORADO
DATED : July 31 , 2020
P UBLISHED : August 5 , 2020 , in the Greeley Tribune
*******
WELD COUNTY
CODE ORDINANCE 2020 - 11
IN THE MATTER OF REPEALING AND REENACTING , WITH AMENDMENTS , CHAPTER 23
ZONING , OF THE WELD COUNTY CODE
BE IT ORDAINED BY THE BOARD OF Cif UNTY COMMISSIONERS OF THE COUNTY OF
WELD , STATE OF COLORADO :
WHEREAS , the Board of County Commissioners of the County of Weld , State of Colorado ,
pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority
of administering the affairs of Weld County , Colorado , and
WHEREAS , the Board of County Commissioners , on December 28 , 2000 , adopted Weld County
Code Ordinance 2000- 1 , enacting a comprehensive Code for the County of Weld , including the
codification of all previously adopted ordinances of a general and permanent nature enacted on
or before said date of adoption , and
WHEREAS , the Weld County Code is in need of revision and clarification with regard to
procedures , terms , and requirements therein .
N OW, THEREFORE , BE IT ORDAINED by the Board of County Commissioners of the County of
Weld , State of Colorado , that certain existing Chapters of the Weld County Code be , and hereby
are , repealed and re-enacted , with amendments , and the various Chapters are revised to read as
follows .
CHAPTER 23
ZONING
ARTICLE I - General Provisions
Amend Sec . 23-1 -90 . Definitions .
AGRICULTURAL PRODUCTION: PROCESSING of crops and other plants , AGRICULTURAL
SUPPORT AND SERVICE , and BUILDINGS and STRUCTURES related thereto .
AGRICULTURAL PRODUCTION includes extracting oils from plants and canning of plants for
distribution to retailers , but does not include production of ethanol or alcoholic beverages .
AGRICULTURAL SUPPORT AND SERVICE: Establishments principally engaged in serving
DAIRIES and FARMING , ranching , and AGRICULTURAL PRODUCTION operations , 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 , and pesticide 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 .
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 .
FARMING: Any or all of the following :
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 , and
BUILDINGS and STRUCTURES related thereto ,
c . Ranching and/or the raising of LIVESTOCK , including DAIRIES , and BUILDINGS and
STRUCTURES related thereto , 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 .
ARTICLE III — Zone Districts
Division 1 — A (Agricultural ) Zone District
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
approval of a land use permit from the Department of Planning Services or Department of Public
Health and Environment , as applicable .
A . thru J . — No change .
Delete K .
K. Golf courses permitted under Division 17 of Article IV of this Chapter.
Delete M .
L . HOME OCCUPATIONS permitted under Division 13 of Article IV of this Chapter.
M . Keeping between five (5) and eight (8) HOUSEHOLD PETS of one ( 1 ) species , or between
eight (8) and sixteen ( 16) HOUSEHOLD PETS of two (2) or more species and , in addition , up to
thirty (30) birds , permitted under Division 17 of Article IV of this Chapter.
N . LANDSCAPING COMPANIES permitted under Division 17 of Article IV of this Chapter.
Delete Q .
Reletter remaining items .
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 . thru G . — No change .
Delete H .
Reletter remaining 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 . thru M . — No change .
Delete N .
N. HOME BUSINESSES.
O. KENNELS.
Delete Q.
Reletter remaining items.
Amend 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. thru R. — No change.
Delete S.
S. HELIPORTS.
T. HOME BUSINESSES.
U. HOTELS/MOTELS.
V. KENNELS.
W. LANDSCAPING COMPANIES.
Delete Y.
Reletter remaining items.
Division 3 — Commercial Zone Districts
Amend Sec. 23-3-230. C-3 (Business Commercial) Zone District.
A. thru C.12. — No change.
Delete 13.
13. FUNERAL HOMES and mortuaries.
14. Golf courses.
Delete 16.
Renumber remaining items.
Division 4 — Industrial Zone Districts
Amend Sec. 23-3-310.1-1 (Light Industrial) Zone District.
A. thru C.8. — No change.
Delete 9.
9. FUNERAL HOMES and mortuaries.
10. Golf courses.
Delete 12.
Renumber remaining items.
Amen4 Sec. 23-3-320. 1-2 (Medium Industrial) Zone District.
A. thru C.9. — No change.
Delete 10.
Delete 11 .
Renumber remaining items .
-: mend Sec . 23 -3-330 . 1 -3 ( Hr' vy I ndustri :. l ) Zone District.
A . thru C . 12 . — No change .
Delete 13 .
13 . Golf courses .
Delete 15 .
Renumber remaining items .
ARTICLE IV — Supplementary District Regulations and Zoning Permits
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.
A . A zoning permit for USES listed in Article III of this Chapter as requiring issuance of a zoning
permit under this Division 17 may be approved if the USE complies with the criteria herein . The
Board of County Commissioners delegates the authority and responsibility for processing and
approving these zoning permits to the Department of Planning Services as long as the application
meets the criteria of this section and any other applicable requirements within this Chapter 23 . If
the Director of Planning Services determines the application does not provide sufficient evidence
showing the standards set forth in this Division 17 will be met , he or she will forward the application
to the Board of County Commissioners for its review and consideration following a public hearing .
Criteria for approval include :
1 . The subject property is a LEGAL LOT .
2 . The application complies or will comply with the design standards in Section 23-4- 1205 and
the conditions in Section 23-4- 1240 below .
3 . The proposed USE is compatible with applicable provisions of Chapter 22 of this Code .
Delete 4 .
Delete 5 .
4 . The proposed USE is compatible with the character of the NEIGHBORHOOD .
5 . The proposed USE is compatible with the general health , safety and welfare of the inhabitants
of the area and the COUNTY .
6 . The application complies with any requirements the Director of Planning Services deems
necessary in order to mitigate adverse effects of the USE on the NEIGHBORHOOD .
7 . The proposed USE has adequate access and STREET/ROAD or highway facilities providing
access to the property are adequate in size to meet the requirements of the proposed USE .
8 . In those instances where the following characteristics are applicable to the request , the
applicant has demonstrated compliance with the applicable standards :
a . If the proposed USE is located within any OVERLAY ZONING DISTRICT or SPECIAL FLOOD
HAZARD AREA identified by maps officially adopted by the COUNTY , the applicant shall
demonstrate compliance with the COUNTY regulations concerning OVERLAY ZONING
DISTRICTS and SPECIAL FLOOD HAZARD AREAS .
b . The proposed USE of any area known to contain a COMMERCIAL MINERAL DEPOSIT shall
not interfere with the present or future extraction of such deposit by an EXTRACTOR to any
greater extent than under the present USE of the property .
Delete c.
B . — No change .
C . f approved , the Zoning Permit Plan shall be recorded by the Department of Planning Services
prior to commencement of the USE or construction , except for a second SINGLE- FAMILY
DWELL ING , which shall not require ei Zoning Permit Plan to be recorded and m . y be hand -drawn
without certifications . All Zoning Permit Plans for USES other than second SINGLE- 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 . pproved 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 toard 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 Soard 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 US (_ (S ) will be located .
A Zoning Permit Plan , once recorded , replaces any previously recorded Zoning Permit Plan for
the subject property .
Add Sec. 23-4-1205. Design standards .
The applicant shall demonstrate compliance with the following design standards in the application
and shall continue to meat these standards if approved for DEVELOPMENT :
A . Adequate water service in terms of quality , quantity , and dependability is available to the site
to serve the USES permitted .
B . Adequate sewer service is available to the site to serve the USES permitted .
C . If soil conditions on the site are such that they present moderate or severe limitations to the
construction of STRUCTURES or facilities proposed for the site , the applicant has demonstrated
how such limitations can and will be mitigated .
D . Adequate fire protection measures are available on the site for the STRUCTURES and facilities
permitted .
E . USES shall comply with the stormwater drainage criteria requirements set forth in this Code .
F . All parking and vehicle storage shall be provided on the site . Parking and loading areas shall
be designed and constructed in accordance with Division 1 of Article IV of this Chapter.
G . USES shall comply with all the bulk requirements of Section 23-3-70 .
H . The access shall be located and designed to be safe . Ingress and egress shall not present a
safety hazard to the traveling public or to the vehicle accessing the property . For USES generating
high traffic volumes and large number of large , slow-accelerating vehicles , acceleration and
deceleration lanes may be required to mitigate a potential traffic hazard .
I . New accesses to PUBLIC RIGHTS-OF-WAY shall be constructed in accordance with this Code .
J . Buffering or SCREENING of the proposed USE from ADJACENT properties may be required
in order to make the determination that the proposed USE is compatible with the surrounding
USES . Buffering or SCREENING may be accomplished through a combination of berming ,
landscaping , and fencing .
K . USES shall be located on the least prime soils on the LOT unless the applicant can
demonstrate why such a location would be impractical or infeasible .
L . The placement of SIGNS on the site shall comply with the requirements of Article IV, Division
2 and Appendices 23-C , 23- D , and 23- E of this Chapter.
M . Trash collection areas or facilities shall be SCREENED from PUBLIC RIGHTS-OF-WAY and
ADJACENT properties . These areas shall be designed and used in a manner that will prevent
wind- or animal -scattered trash .
Amend Sec . 23 -4-1210 . Operation standards .
The applicant shall demonstrate conformance with the following operation standards in the zoning
permit application to the extent that the standards affect location , layout and design of the USE
prior to construction and operation . Once operational , the operation of the USE permitted shall
conform to these standards .
A . thru F . — No change .
G . Up to nine (9) COMMERCIAL VEHICLES associated with the zoning permit USE shall be
allowed to be parked on -site , unless otherwise approved by the Board of County Commissioners .
Amend Sec . 23 -4-1220 . Application requirements .
The following shall be submitted as a part of a zoning permit application :
A . thru 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 :
1 . — No change .
2 . Existing access .
3 . Existing and proposed parking areas , including surface material , number, and dimensions of
spaces and drive aisles .
4 . Existing and proposed landscaping and SCREENING .
5 . Existing and proposed signage .
6 . Other existing and proposed improvements .
7 . The Zoning Permit Plan shall bear the following certifications , except for a second SINGLE-
FAMILY DWELLING :
a . Property owner' s certificate , which shall be notarized in accordance with the Revised Uniform
Law on Notarial Acts , C . R . S . §24-21 -501 , et seq . :
I , the undersigned , certify that the uses , buildings and structures located on this Zoning Permit
Plan are designed and will be constructed and operated in accordance with the development
standards hereon and the district requirements for the Zone District as stated in
Chapter 23 of the Weld County Code . I understand failure to comply with the development
standards , applicable provisions of County Code , and/or any conditions of approval could result
in the County initiating a compliance action against me or my successors .
Signature of Property Owner
b . Department of Planning Services' Administrative Review Certificate , which shall be notarized
in accordance with the Revised Uniform Law on Notarial Acts , C . R . S . §24-21 -501 , et seq . :
This Zoning Permit Plan is accepted and approved for filing .
Director of Planning Services
Remainder of Section — No change .
Amend Sec . 23 -4-1240 . Conditions , enforcement, and revocation of zoning permit.
A . thru H . — No change .
I . Any USE listed in Article III of this Chapter as requiring issuance of a zoning permit under this
Division 17 , but which was in lawful existence at the time of adoption of this Division 17 , may
continue without obtaining a zoning permit so long as the USE is not discontinued for a period of
three (3) consecutive years . The Department of Planning Services may permit minor amendments
to such USE in accordance with the preceding Subsection . A minor amendment to an existing
approved Use by Special Review for a USE that now requires a zoning permit under this Division
17 shall be processed in accordance with Section 23-2-285 of this Chapter. If the Director of
Planning Services determines the proposed amendment does not qualify as a minor amendment,
the proposed amendment shall require a zoning permit . If approved , vacation of the Use by
Special Review may be a condition of approval of the zoning permit .
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 unconstitutiona , 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 .
Chloe Rempel
From:
Sent:
To:
S& bject:
jdgeddes@prairiemountainmedia.com on behalf of Classifieds Main
<classifieds@prairiemountainmedia.com>
Friday, July 31, 2020 11:39 AM
Chloe Rempel
Re: PUBLISH NO20-40A, NO20-04.3RD, AND NO20-11.1 ST
This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize the
sender and know the content is safe.
Hello these are all scheduled for Aug 5 in the GT
JD
On Fri, Jul 31, 2020 at 11:22 AM Chloe Rempel <crempel@weldgov.com>wrote:
Good morning,
Please confirm that you received the following for publication on Wednesday, August 5, 2020, and bill to the
address below:
*NO20-40A
*NO20-04.3RD
2011.1ST
Thank you,
Chloe A. Rempel
Deputy Clerk to the Board Supervisor
Clerk to the Board's Office
Weld County
1150 0 Street
Greeley, CO 80631
1
Tel: (970) 400-4213
Email: crempel@Neldgovecom
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.
Prairie Mountain Publishing -
Boulder Daily Camera.. Broomfield Enterprise
Longmont Times-Call..Colorado Hometown Weekly
Loveland Reporter-Herald...Colorado Daily.... Sterling Journal Advocate
Fort Morgan Times.... Brush Tribune.... Lamar Ledger
Greeley Tribune.... Estes Park Trail Gazette....
phone 303.466.3636 or 070-635-3650.. Fax 303.442.1508
2500 55th Street I Boulder, CO 80301
classifiedsnfrontrangeclassifieds. com
2
! G`L
-O , if
Cheryl
From : Tom Parko Jr.
Sent: Thursday, May 28, 2020 7 : 15 AM
To: Kristine Ranslem; Jim Flesher
Cc: Cheryl Hoffman; Esther Gesick
Subject: RE : ZPAG changes
e
Follow Up Flag : Follow u
g p
Flag Status: Flagged ,
jt,)
Fine with me !
From : Kristine Ranslem < kranslem@weldgov . com >
Sent : Wednesday, May 27, 2020 3 :43 PM
To : Jim Flesher <jflesher@weldgov . com >; Tom Parko Jr. <tparko@weldgov . com >
Cc : Cheryl Hoffman <choffman@weldgov . com >; Esther Gesick <egesick@weldgov . com >
Subject : FW : ZPAG changes
Jim and Tom , please see proposed BOCC hearing dates below and let us know what you think . Thanks !
From : Cheryl Hoffman < choffman@weldgov . com >
Sent : Wednesday, May 27, 2020 3 : 17 PM
To : Kristine Ranslem < kranslem@weldgov . com >; Esther Gesick < egesick@weldgov . com >
Cc : Cheryl Hoffman < choffman@weldgov. com >
Subject : RE : ZPAG changes
That doesn' t look bad at all . . . thanks for the heads up .
O R D 2020- 11
(//a be)
l; t
Proposed dates : /
9
/ LAIr
it)
ree
74 — Kris to have dons to CTB
ud--&-tr?c- c/
7/23\ — Read to audio ,
O A�
7/27 1st reading -,,,„ � ..`' Y. ' -' '
7/31 — Send to paper o ,, �
. /8/5 — Publish ferry, ,���,� .°�°'` °d coe,
8/24 — 2nd reading
8/28 - Send o paper
�
9/2 — Publish ' y
9/14 — Final reading
9/18 — Send to p6per
d
9/23 — Publish �\
9/28 - Effective data,
\,I built in a little extra time between 1st and 2nd readings in case there needs to be another worksession or changes . Let
me know if these work, ok? Maybe we should ask Jim too if these work for him . . . and Tom ? Esther' are these dates ok
with you ?
1
By the way, I ' m using my left hand only to type this . . . takes me twice as long . . .
Chery L . Hoffman
Deputy Clerk to the Board
1150 O Street/P. O. Box 758
Greeley, CO 80632
Tel: (970) 400.4227
choffman@weldgov. com
From : Kristine Ranslem < kranslem@weldgov . com >
Sent : Wednesday, May 27, 2020 2 : 52 PM
To : Esther Gesick < egesick@weldgov . com >; Cheryl Hoffman < choffman@weldgov . com >
Subject : FW : ZPAG changes
I ' m sure there are additional changes, but this is a good idea of what the proposed changes will look like .
Thanks !
From : Jim Flesher < jflesher@weldgov . com >
Sent : Tuesday, May 12, 2020 3 : 55 PM
To : Tom Parko Jr. < tparko@weldgov. com >; Bob Choate < bchoate@weldgov . com >; Angela Snyder
< asnyder@weldgov . com >; Chris Gathman < cgathman@weldgov . com >; Diana Aungst < daungst@weldgov . com >; Kim
Ogle < kogle@weldgov . com >; Maxwell Nader < mnader@weldgov . com >; Michael Hall < mhall@weldgov . com>; Bruce
Barker < bbarker@weldgov . com >; Bethany Pascoe < bpascoe@weldgov . com >; Wendi Inloes <winloes@we dgov . com >;
Kristine Ranslem < kranslem@weldgov . com >
Subject : RE : ZPAG changes
We met with Barb this morning about these changes and now have a worksession scheduled for
Monday afternoon . Barb wanted to take this as a separate ordinance . We ' re looking at July 7th for PC .
The attached code changes document is expanded from the one attached to the calendar and
includes Division 17 (ZPAGs ) . The summary sheet is the same one attached to the calendar item ,
which the planners and Bob have already seen .
Thanks ,
Jim
From : Tom Parko Jr. <tparko@weldgov . com >
Sent : Tuesday, May 12, 2020 7 : 04 AM
To : Jim Flesher < 'flesher@weldgov . com >; Bob Choate < bchoate@weldgov . com >; Angela Snyder
<asnyder@weldgov . com >; Chris Gathman < cgathman@weldgov . com >; Diana Aungst < daungst@weldgov . com >; Kim
Ogle < kogle@weldgov . com >; Maxwell Nader < mnader@weldgov . com >; Michael Hall < mhall@weldgov . com >
Subject : RE : ZPAG changes
Looks good . Let' s discuss this with Commissioner Kirkmeyer today . Attached is the briefing agenda . Briefings begin at
10am and are held over in the Pawnee Room .
From : Jim Flesher < "flesher@weldgov . com >
Sent : Friday, May 8, 2020 4 : 36 PM
To : Tom Parko Jr. <tparko@weldgov . com >; Bob Choate < bchoate@weldgov . com >; Angela Snyder
<asnyder@weldgov . com >; Chris Gathman < cgathman@weldgov . com >; Diana Aungst < daungst@weldgov . com >; Kim
2
wr _ t ` 1:4171:t. �c
.:44 1 I t.4•494:s MEMORANDUM
TO : BOARD OF COUNTY COMMISSIONERS
\ / - 1• ', co kJ i Y FROM : JIM FLESHER , LONG - RANGE PLANNER
DATE : JULY 27 , 2020
RE : ORDINANCE 2020- 11 , REVISIONS TO
CHAPTER 23 OF THE WELD COUNTY CODE
( 1ST READING )
Ordinance 2020- 11 would update the definition of " Farming, " which is a use by right in
the Agricultural zone and is an accessory use in the Estate zone . The main change to this
definition is to revise the language limiting certain uses such as storing, sorting, and
packing of crops that are grown "on the premises" or are " in transit . " Farmers would be
allowed to take the crops they grew and dry, store, sort, pack, and sell them on any Ag-
zoned property they own .
Drying, storing, sorting, packing, and selling of crops not grown by the property owner
would fall under the new definition of "Agricultural Support and Service, " which would
be included in the updated definition of "Agricultural Production . " Ag Production is a
ZPAG ( administratively approved zoning permit ) in the Ag zone outside of subdivisions
and townsites and a use by special review ( USR ) in them . Ag Production is also allowed in
the C- 3 and all I zones .
The new definition of Ag Support and Service also includes other ag- related uses that are
listed separately in the current code . Rather than listing " Farm equipment sales, repair,
and installation " and other similar uses in Section 23 - 3 - 35 of Article III of the County Code,
the ordinance will change it to just list Ag Production , which includes those uses . Please
see the tables below for these changes to Article III .
The ordinance would also update the ZPAG process in Division 17 by adding an exception
to mapping requirements for second single-family homes, clarifying certain provisions,
and allowing the Board to approve a ZPAG with more than nine commercial vehicles .
Standards for ZPAGs would be consolidated in a new Section 23 -4- 1205 , similar to how
the USR section reads .
A worksession regarding the proposed code changes was held on June 1 , 2020 . The
Planning Commission reviewed the ordinance and recommended approval with the
following changes :
1 . Replace "owner" with "owner and/or operator" (three places ) .
2 . Replace "Grain , seed , feed , and fertilizer retail and wholesale establishments" in
item c of the new definition of Agricultural Support and Service with "Grain , seed ,
feed , fertilizer, herbicide, and pesticide retail , wholesale, and service
establishments . "
2020-2315
Page 1
The ordinance reflects these changes and staff recommends approval of the ordinance .
Ag Ag
Use A Subdivisions Townsites
(after 1961 ) ( pre-1961 )
FARMING ( includes ranching and dairies) ( Revised definition ) UBR UBR UBR
AGRICULTURAL PRODUCTION ( Revised definition ) ZPAG USR USR
Grain , seed , feed , and fertilizer retail and wholesale sales
See AG PRODUCTION .
LIVESTOCK salebarns
See AG PRODUCTION .
Farm equipment sales, repair and installation facilities
See AG PRODUCTION .
Use C-1 C-2 C-3 C-4 I-1 I-2 1-3 R-1 R-2 R-3 R-4 R-5 E
FARMING (includes ranching and dairies) ( Revised definition ) f
ACC
AGRICULTURAL PRODUCTION ( Revised definition ) SPR SPR j SPR SPR
Grain, seed, feed, and fertilizer retail and wholesale sales SPR SPR See AG SPR See AG See AG See AG
PRODUCTION. PRODUCTION. PRODUCTION. PRODUCTION .
LIVESTOCK salebarns See AG See AG ; See AG See AG
PRODUCTION. PRODUCTION. PRODUCTION. PRODUCTION.
Farm equipment sales, repair and installation facilities See AG See AG See AG See AG
SPR !
I PRODUCTION. PRODUCTION. ! PRODUCTION. PRODUCTION.
[ FARMING is also allowed on undeveloped land in the C, I , and R districts ( i . e . , prior to development ) . ]
Page 2
SUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING
Tuesday, July 7, 2020
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
Michael Wailes at 12 30 pm
Roll Call
Present Michael Wailes, Gene Stifle, Tom Cope, Lonnie Ford, Richard Beck, Elijah Hatch, Skip Holland,
Dwaine Barclay
Absent Bruce Johnson
Also Present Tom Parko and Jim Flesher, Department of Planning Services, Lauren Light, Department of
Health, Bob Choate, County Attorney, and Michelle Wall, Secretary
Motion Approve the June 16, 2020 Weld County Planning Commission minutes, Moved by Tom Cope,
Seconded by Elijah Hatch Motion passed unanimously
CASE NUMBER
PRESENTED BY
REQUEST
ORDINANCE 2020-11
TOM PARKO/JIM FLESHER
IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS,
CHAPTER 23 ZONING, OF THE WELD COUNTY CODE
Jim Flesher, Planning Services, stated that Planning staff is asking for recommendation of approval for
Ordinance 2020-11 amending Chapter 23, Zoning
Mr Flesher stated he would be reviewing the proposed revision to the definition of "farming" He explained
farming is a use by right in the Agricultural zone district and an accessory use in the Estate zone district
Farming is also allowed on undeveloped land in Residential, Commercial and Industrial zones Mr Flesher
said there was some discussion during the lunch meeting about the term "owner" and adding service
establishments regarding herbicides and pesticides
Mr Flesher explained the proposed revised definition of Agricultural Production There is a new term
"Agricultural Support and Service" proposed in the revised definition for Agricultural Production He
explained the changes to Article III, Chapter 23 Because the new definition of Ag Support and Service
includes the uses of grain, seed, feed, and fertilizer retail and wholesale sales, livestock salebarns, farm
equipment sales, repair and installation facilities, the same uses no longer have to be listed separately in
Article III
Mr Flesher said staff is proposing to update certain provisions under Division 17, Article IV, Chapter 23
which is the section of code that relates to ZPAG permits
Mr Flesher stated that Planning has had a couple work sessions with the Weld County Commissioners to
review the requested code changes
Commissioner Stifle said that dairies produce a'lot of manure and that sometimes they spray the liquid on
their land Some dairies compost the fertilizer and either sell it to a commercial entity or individuals He
wondered if this situation is covered under the new definition of code Mr Flesher answered that selling
manure produced by livestock owned by the owner of the property is listed under farming but that does not
include bringing in manure purchased from another facility There is a separate definition for organic
fertilizer productions/composting facility which covers bringing in manure from various places
Commissioner Cope referenced Sec 23-4-1205, Item C of Design Standards He asked who is
determining if the soil conditions are limiting to the construction Mr Flesher explained that staff typically
uses the Natural Resources Conservation Service website to check if the soil is moderate or severe in
limitations for construction If the soil had severe in limitations, staff would contact the applicant about it
and make it a condition of approval in their staff report Mr Flesher said the applicant would have to address
the issue before a ZPAG permit would be approved He explained that with a USR, the applicant has to
submit a soils report A ZPAG application does not require a soils report submittal
Commissioner Holland referenced the farming being allowed on undeveloped land in residential ,
commercial and industrial zones . He wondered if the land was permitted with a PUD , and there was a big
area of open land , would farming be a use by right . Mr. Flesher responded that would depend on the PUD .
If Agricultural use is stated in the PUD , then it would be a use by right to farm that area of the property .
Commissioner Holland wondered if the applicant would need a ZPAG .
Tom Parko ; Planning Services , referenced Chapter 27 , PUDs . He explained that typically a developer will
plan out what land uses they want throughout the property . For example , the developer may want R - 1
uses , Estate uses , Agriculture uses , and Commercial uses . Mr. Parko said if there is a designated area in
the PUD that is for Ag use , it could be farmed . He explained that a ZPAG would not be allowed in that area
for such things as a vet clinic or agri-tainment business .
Commissioner Hollanc said that he serves on another board where the topic of manure/sludge has been
discussed . He said in the past, pieces of Ag zoned properties were purchased for municipal wastewater
reclamation districts . He wondered if the use of manure would include the use of human sludge coming
from the wastewater treatment plants ; or if any type of sludge would be allowed under the farming definition .
Mr. Parko explained ' hat a wastewater treatment plant would be permitted by a municipality and the
Colorado Department of Health and Environment . Commissioner Stille commented that the Planning
Commission heard a case where a septic pumping organization wanted to distribute human waste on some
property . He said the organization could have met all the potential requirements , but the case was denied .
Mr. Stille explained it is typical for organizations like this to distribute the sludge/filtered human waste on
farm ground . Mr. Flesher said that biosolid disposal from wastewater treatment plants is only allowed
outside of subdivisions and town sites in the Ag zone and requires a permit from Environmental Health .
Domestic septage (wh ch comes from septic tanks ) would also require a permit from Environmental Health
outside of subdivisions and town sites . Mr. Flesher explained if an applicant was applying for domestic
septage disposal from septic tanks inside of a subdivision or town site , they would need to apply for a USR
permit.
Commissioner Beck said it would be helpful if terms such as ZPAG were defined so that anyone new to the
meeting understands . He asked staff to define ZPAG for the record . Mr. Flesher said a ZPAG is a zoning
permit for certain uses in the Ag zone .
The Chair asked if there was anyone in the audience who wished to speak for or against these proposed
code changes . No one wished to speak .
The Chair said there was discussion about definitions in Sec . 23- 1 -90 at the lunch work session prior to the
hearing . He asked for direction from Bob Choate , County Attorney .
Mr. Choate said based on the discussion at the work session , the group was discussing the definition of
Agricultural Support and Service . He said there are a couple of places in this definition as well as under
the Farming definition where stock grown by the owner of the property is mentioned . Mr. Choate said that
at the work session discussion , the group discussed the need to expand the term " owner" to include tenant
and operators . Mr. Choate spoke to Jim Flesher, Planning Department, and Mike Freeman , County
Commissioner, and the recommendation would be to change the definition under Agricultural Support and
Service , Item A, to read " crops and other plants not grown by the owner/operator of the property " . He said
the recommendation would be to make the same change under Farming , Item B and Item E . Mr. Choate
said the other definition discussed was under Agricultural Support and Service , Item C , which reads " Grain ,
seed , feed , and fertilizer retail and wholesale establishments" to read " Grain , seed , feed , fertilizer, herbicide ,
and pesticide retail , wholesale , and service establishments" .
Motion : Amend Chapter 23 , Article I , Section 23- 1 -90 , Agricultural Support and Service , Item A and
Farming , Item B and E to read " owner and/or operator" . Moved by Gene Stille , Seconded by Elijah Hatch .
Vote : Motion carried by unanimous roll call vote (summary : Yes = 8 ) .
Yes : Elijah Hatch , Gene Stille , Lonnie Ford , Michael Wailes , Richard Beck , Skip Holland , Tom Cope ,
Dwaine Barclay .
Motion : Amend Agricultural Support and Service , Item C to read " Grain , seed , feed , fertilizer, herbicide ,
and pesticide retail , wholesale , and service establishments" . Moved by Tom Cope , Seconded by Michael
Wailes .
Vote : Motion carried by unanimous roll call vote (summary : Yes = 8 ) .
Yes Elijah Hatch, Gene Stifle, Lonnie Ford, Michael Wailes, Richard Beck, Skip Holland, Tom Cope,
Dwaine Barclay
Motion Recommend Adoption of the amendments to Ordinance 2020-11, as presented by Staff, Moved
by Gene Stifle, Seconded by Elijah Hatch
Vote Motion carried by unanimous roll call vote (summary Yes = 8)
Yes Elijah Hatch, Gene Stifle, Lonnie Ford, Michael Wailes, Richard Beck, Skip Holland, Tom Cope,
Dwaine Barclay
The Chair thanked Planning staff for all their hard work on the code changes
Commissioner Cope asked staff if they have made their recommendations to the Board of County
Commissioners on code changes for Chapter 24 He asked if the Planning Commission could get a copy
of the recommendations Tom Parko said he could forward the work session appointment calendar for July
14, 2020, to the Planning Commission and said they are welcome to attend
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 02 pm
Respectfully submitted,
Michelle Wall
Secretary
(
ij
BEFORE THE WELD COUNTY , COLORADO , PLANNING COMMISSION
RESOLUTION OF RECOMMENDATION TO THE BOARD OF COUNTY COMMISSIONERS
Moved by Gene Stille that the following resolution be introduced for passage by the Weld County
Planning Commission . Be it resolved by the Weld County Planning Commission that the proposal for:
CASE NUMBER : ORDINANCE 2020- 11
PRESENTED BY : TOM PARKO/JIM FLESHER
REQUEST : 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 Elijah Hatch .
VOTE :
For Passage Against Passage Absent
Bruce Johnson
Michael Wailes
Tom Cope
Gene Stille
Lonnie Ford
Richard Beck
Elijah Hatch
Skip Holland
Dwaine Barclay
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 July 7 , 2020 .
Dated the 7th day of July , 2020
Michelle Wall
Secretary
CHAPTER 23 - Zoning
ARTICLE I - General Provisions
Section 23 - 1 -90 . Definitions
AGRICULTURAL PRODUCTION: PROCESSING , , of crops
and other plants , grown on premises and/or PROCESSING , packing , sorting , storing , drying , mixing ,
• , AGRICULTURAL SUPPORT AND
SERVICE , and BUILDINGS and STRUCTURES related thereto . AGRICULTURAL PRODUCTION
includes extracting oils from plants and canning of plants for distribution to retailers , but does not include
production of ethanol or alcoholic beverages . See also FARMING .
AGRICULTURAL SUPPORT AND SERVICE: Establishments principally engaged in serving DAIRIES
and FARMING , ranching . and AGRICULTURAL PRODUCTION operations , 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 , and pesticide 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 .
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 .
FARMING: The cultivation of land , the growing , storage, crying , and/or seasonal sa e of crops ,
•
•
sale on the premises . See also AGRICULTURAL PRODUCTION . Any or all of the following :
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 , and
BUILDINGS and STRUCTURES related thereto .
c . Ranching and /or the raising of LIVESTOCK , including DAIRIES , and BUILDINGS and
STRUCTURES related thereto , 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 .
CHAPTER 23 — Zoning
ARTICLE III - Zone Districts
Division 1 - A (Agricultural ) Zone District
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 approval of a land
use permit from the Department of Planning Services or Department of Public Health and Environment ,
as applicable .
K.
of this Chapter.
LK . Golf courses permitted under Division 17 of Article IV of this Chapter.
A ,
IV of this Chapter
N L . HOME OCCUPATIONS permitted under Division 13 of Article IV of this Chapter.
M . Keeping between five ( 5 ) and eight ( 8 ) HOUSEHOLD PETS of one ( 1 ) species , or between
eight ( 8 ) and sixteen ( 16 ) HOUSEHOLD PETS of two ( 2 ) or more species and , in addition , up to
thirty ( 30 ) birds , permitted under Division 17 of Article IV of this Chapter.
RN . LANDSCAPING COMPANIES permitted under Division 17 of Article IV of this Chapter.
Q . LIVESTOCK salebarns permitted under Division 17 of Article IV of this Chapter.
[ RELETTER REMANING ITEMS]
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 .
of this Chapter.
[ RELETTER REMANING ITEMS ]
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.
N-: Gra-i-i , seec , -eec , anc -er-i izer re:ai anc woo esa e sales .
O N . HOME BUSINESSES .
R. O . KENNELS .
O . - LIVESTOCK salebarns .
[ RELETTER REMANING ITEMS ]
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.
S . Gran , seec , =eec , anc 'er_. .zer re-a' anc wio esa e sa es.
T. S . HELIPORTS .
UT . HOME BUSINESSES .
V . U . HOTELS/MOTELS .
V.V . KENNELS .
X W. LANDSCAPING COMPANIES .
Y . LIVESTOCK salebarns .
[ RELETTER REMANING ITEMS]
Division 3 - Commercial Zone Districts
Sec . 23 -3 -230 . - C -3 ( Business Commercial ) Zone District.
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 .
Farm equipment sales , repair, and installation facilities .
14.- 13 . FUNERAL HOMES and mortuaries .
15 . 14 . Golf courses .
' 6 . Grain , sees , =sec. , ant 'en izer re:ai arc wio esa e sa es es:a-b isimen:s .
[ RENUMBER REMANING ITEMS]
Division 4 - Industrial Zone Districts
Sec . 23 -3 -310 . - I - 1 ( Light Industrial ) Zone District.
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 .
97-
10 . 9 . FUNERAL HOMES and mortuaries .
11 . 10 . Golf courses .
12 . Grain , seed , feed , and ferti-lizer retail and wholesale sales establishments .
[ RENUMBER REMANING ITEMS ]
Sec . 23 -3 -320 . - 1 -2 ( Medium Industrial ) Zone District.
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 .
10 . Farm equipment sales , repair, and installation facilities .
11 . Grain , seed , feed , and fertilizer retail and wholesale sales establishments.
[ RENUMBER REMANING ITEMS ]
Sec . 23 -3 -330 . - 1 -3 ( Heavy Industrial ) Zone District.
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.
13 . Farm equipment sales , repair, and installation facilities .
14. 13 . Golf courses .
' 5 . Grain , seen , =eec , anc lerti- izer re:ai anc esa e sa es es:ab isimen-s.
[ RENUMBER REMANING ITEMS]
ARTICLE IV - Supplementary District Regulations and Zoning Permits
Division 17 — Zoning Permits for Certain Uses in the Agricultural Zone District
Sec . 23 -4-1200 . Uses requiring zoning permits in the agricultural zone district.
A . A zoning permit for USES listed in Article III of this Chapter as requiring issuance of a zoning permit
under this Division 17 may be approved if the USE complies with the criteria herein . The Board of
County Commissioners delegates the authority and responsibility for processing and approving these
zoning permits to the Department of Planning Services as long as the application meets the criteria
of this section and any other applicable requirements within this Chapter 23 . If the Director of
Planning Services determines the application does not provide sufficient evidence showing the
standards set forth in this Division 17 will be met. he or she will forward the application to the Board
of County Commissioners for its review and consideration following a public hearing . Criteria for
approval include :
1 . The subject property is a LEGAL LOT .
2 . The application complies or will comply with the design standards in Section 23-4- 1205 and the
conditions in Section 23-4- 1240 below .
3 . The proposed USE is compatible with applicable provisions of Chapter 22 of this Code .
, ll be available .
5-: Adequate fire protection measures are available on the site for the STRUCTURES and facilities
proposed .
4 . The proposed USE is compatible with the character of the NEIGHBORHOOD .
5 The proposed USE is compatible with the general health , safety and welfare of the inhabitants
of the area and the COUNTY .
6 . The application complies with any requirements the Director of Planning Services deems
necessary in order to mitigate adverse effects of the USE on the NEIGHBORHOOD .
& 7 . The proposed USE has adequate access and STREET/ROAD or highway facilities providing
access to the property are adequate in size to meet the requirements of the proposed USE .
10. 8 . In those instances where the following characteristics are applicable to the request, the
applicant has demonstrated compliance with the applicable standards :
a . If the proposed USE is located within any OVERLAY ZONING DISTRICT or SPECIAL
FLOOD HAZARD AREA identified by maps officially adopted by the COUNTY , the
applicant shall demonstrate compliance with the COUNTY regulations concerning
OVERLAY ZONING DISTRICTS and SPECIAL FLOOD HAZARD AREAS .
b . The proposed USE of any area known to contain a COMMERCIAL MINERAL DEPOSIT
shall not interfere with the present or future extraction of such deposit by an EXTRACTOR
to any greater extent than under the present USE of the property .
construction of STRUCTURES or facilities proposed for the site , the applicant shall
cemons:ra:e - ia- suc-i . m ._a: ons can be overcome anc lia: - ie . m .:afons w- be
•
DEVELOPMENT of the property .
B . A preapplication conference with the Department of Planning Services may be required .
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 for a second SINGLE - FAMILY DWELLING ,
which shall not require a Zoning Permit Plan to be recorded and may be hand -drawn without
certifications . All Zoning Permit Plans for USES other than second SINGLE- 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 .
D . The Zoning Permit Plan shall include the entire LOT( S ) upon which the USE ( S ) will be located . A
Zoning Permit Plan , once recorded , replaces any previously recorded Zoning Permit Plan for the
subject property .
Sec . 23 -4- 1205 . Design standards .
The applicant shall demonstrate compliance with the following design standards in the application
and shall continue to meet these standards if approved for DEVELOPMENT :
A . Adequate water service in terms of quality , quantity , and dependability is available to the site to
serve the USES permitted .
B . Adequate sewer service is available to the site to serve the USES permitted .
C . If soil conditions on the site are such that they present moderate or severe limitations to the
construction of STRUCTURES or facilities proposed for the site . the applicant has demonstrated how
such limitations can and will be mitigated .
D . Adequate fire protection measures are available on the site for the STRUCTURES and facilities
permitted .
E . USES shall comp y with the stormwater drainage criteria requirements set forth in this Code .
F . All parking and vehicle storage shall be provided on the site . Parking and loading areas shall be
designed and constructed in accordance with Division 1 of Article IV of this Chapter.
G . USES shall comp y with all the bulk requirements of Section 23-3-70 .
H . The access shall be located and designed to be safe . Ingress and egress shall not present a safety
hazard to the traveling public or to the vehicle accessing the property . For USES generating high
traffic volumes and large number of large , slow-accelerating vehicles , acceleration and deceleration
lanes may be required to mitigate a potential traffic hazard .
I . New accesses to PUBLIC RIGHTS-OF-WAY shall be constructed in accordance with this Code .
J . Buffering or SCREENING of the proposed USE from ADJACENT properties may be required in
order to make the determination that the proposed USE is compatible with the surrounding USES .
Buffering or SCREENING may be accomplished through a combination of berming , landscaping , and
fencing .
K. USES shall be located on the least prime soils on the LOT unless the applicant can demonstrate why
such a location would be impractical or infeasible .
L . The placement of SIGNS on the site shall comply with the requirements of Article IV , Division 2 and
Appendices 23-C , 23- D , and 23- E of this Chapter.
M . Trash collection areas or facilities shall be SCREENED from PUBLIC RIGHTS -OF-WAY and
ADJACENT properties . These areas shall be designed and used in a manner that will prevent wind -
or animal -scattered trash .
Sec . 23-4-1210 . Operation standards .
The applicant shall demonstrate conformance with the following operation standards in the zoning
permit application to the extent that the standards affect location , layout and design of the USE prior to
construction and operation . Once operational , the operation of the USE permitted shall conform to these
standards .
G . Up to nine ( 9 ) COMMERCIAL VEHICLES associated with the zoning permit USE shall be allowed to
be parked on -site , unless otherwise approved by the Board of County Commissioners .
Sec . 23-4-1220 . Application requirements .
The following shall be submitted as a part of a zoning permit application :
C . A Zoning Permit Plan of the property , a draft of which shall be submitted in electronic ( . pdf) format
Planning Services, except for a second SINGLE - FAMILY DWELLING , which shall not require a
Zoning Permit Plan to be recorded and may be hand -drawn without certifications . The Zoning Permit
Plan shall include , as applicable :
1 . Existing and proposed STRUCTURES and approximate distances to the nearest property lines .
All STRUCTURES to be used in conjunction with the zoning permit shall meet current
SETBACKS and OFFSETS .
2 . Existing and proposed access . Access shall comp y with the requirements of this Code .
3 . Existing and proposed parking areas , including surface material , number, and dimensions of
spaces and drive aisles . Parking shall comply with Article IV, Division 1 , of this Chapter as
applicable .
4 . Existing and proposed landscaping and SCREENING . Buffering and/or SCREENING may be
CENT properties . Buffering and/or
ncing .
5 . Existing and proposed signage . All signage shall comply with Article IV, Division 2 , of this Chapter
as applicable .
6 . Other existing and proposed improvements .
7 . The Zoning Permit Plan shall bear the following certifications , except for a second SINGLE-
FAMILY DWELLING :
a . Property owner's certificate , which shall be notarized in accordance with the Revised
Uniform Law on Notarial Acts , C . R . S . §24-21 -501 , et seq . :
I , the undersigned , certify that the uses , buildings and structures located on this Zoning
Permit Plan are designed and will be constructed and operated in accordance with the
development standards hereon and the district requirements for the Zone
District as stated in Chapter 23 of the Weld County Code . I understand failure to comply
with the development standards . applicable provisions of County Code , and/or any
conditions of approval could result in the County initiating a compliance action against me
or my successors .
Signature of Property Owner
The foregoing instrument was subscribed and sworn to be before me this day of
by
WITNESS my hand and official seal .
My commission expires:
Notary Public
b . Department of Planning Services' Administrative Review Certificate , which shall be
notarized in accordance with the Revised Uniform Law on Notarial Acts , C . R . S . §24-21 -
501 , et seq . :
This Zoning Permit Plan is accepted and approved for filing .
Director of Planning Services
, , by
and official seal .
My commission expires :
Notary Public
Sec . 23-4-1240 . Corm itions , enforcement, and revocation of zoning permit.
I . Any USE listed in Article III of this Chapter as requiring issuance of a zoning permit under this
Division 17 , but w - ich was in lawful existence at the time of adoption of this Division 17 , may continue
without obtaining a zoning permit so long as the USE is not discontinued for a period of three ( 3 )
consecutive years The Department of Planning Services may permit minor amendments to such
USE in accordance with the preceding Subsection . A minor amendment to an existing approved Use
by Special Revie' i' for a USE that now requires a zoning permit under this Division 17 shall be
processed in accu~dance with Section 23-2-285 of this Chapter. If the Director of Planning Services
determines the r -oposed amendment does not qualify as a minor amendment, the proposed
amendment shall -squire a zoning permit. If approved , vacation of the Use by Special Review may be
a condition of app Dval of the zoning permit.
Cheryl Hoffman
From : Jim Flesher
Sent: Wednesday, July 1 , 2020 4 : 14 PM
To: Bob Choate; Cheryl Hoffman; Bruce Barker
Cc: Kristine Ranslem; Esther Gesick; Tom Parko Jr.; Michael Hall
Subject: RE : Ord2020 - 11 - ZPAG
Good point . I mentioned that scenario to Michael (who originally brought up a case of a minor
amendment to a USR that is now a ZPAG use) , and he said we could do a minor amendment to the
USR to remove reference to that use that is now covered by the ZPAG . So you are correct , we would
not want to require a vacation in that scenario .
Cheryl , please change "would " to " may" in the last sentence to read : " If approved , vacation of the Use
by Special Review may be a condition of approval of the zoning permit . "
Thanks ,
Jim
From : Bob Choate < bchoate@weldgov . com >
Sent : Wednesday, July 1 , 2020 3 : 52 PM
To : Jim Flesher <jflesher@weldgov . com >; Cheryl Hoffman <choffman@weldgov . com >; Bruce Barker
< bbarker@weldgov . com >
Cc : Kristine Ranslem < kranslem@weldgov . com >; Esther Gesick <egesick@weldgov . com >; Tom Parko Jr .
<tparko@weldgov . com >
Subject : RE : Ord2020- 11 - ZPAG
"Shall " is better than "would " , however, I can foresee where the applicant doesn 't want to vacate the USR . For example ,
if the USR has multiple uses, one of which no longer requires a USR but now only requires a ZPAG . Requiring them to
vacate the USR requires them to get rid of other USR uses . Or do you mean they would then be required to do a partial
vacation of USR uses ( as opposed to the " peel back" of property covered by the USR ) ? Gets messy . I suggest changing
"would " to " may" .
Thanks,
Bob Choate
Assistant Weld County Attorney
( 970 ) 400-4393
From : Jim Flesher <jflesher@weldgov . com >
Sent : Wednesday, July 1 , 2020 3 : 46 PM
To : Cheryl Hoffman <choffman@weldgov . com >; Bruce Barker < bbarker@weldgov . com >; Bob Choate
< bchoate@weldgov . com >
Cc : Kristine Ranslem < kranslem@weldgov . com >; Esther Gesick < egesick@weldgov . com >; Tom Parko Jr .
<tparko@weldgov . com >
Subject : RE : Ord2020- 11 - ZPAG
Just a couple very minor things from my review :
There will need to be a space between " PROCESSING " and " of' after the deletion of the words in
between . ( In AG PRODUCTION definition )
In 23 - 3 - 35 , insert " K . " before " Golf courses " .
In 23 - 3 -60 , insert " No change . " after "A . thru M . "
1
In 23 -4 - 1220 . C . 7 . a , insert a space between the comma and " et" .
Bruce and Bob : In the very last sentence , I debated whether "would " should be " shall " . Any
preference ?
Thanks !
Jim
From : Cheryl Hoffman <choffman@weldgov . com >
Sent : Wednesday, July 1 , 2020 3 : 01 PM
To : Jim Flesher < jflesher@weldgov . com >; Tom Parko Jr . <tparko@weldgov . com >; Bruce Barker
< bbarker@weldgov . com >; Bob Choate < bchoate@weldgov . com >
Cc : Kristine Ranslem < kranslem@weldgov . com >; Esther Gesick < egesick@weldgov . com >; Cheryl Hoffman
< choffman@weldgov . com >
Subject : Ord2020- 11 - ZPAG
I just finished the draft of Ord2020- 11 — Chapter 23 . This has not been proofed yet, but would you , please , go through
this document and let me know if changes need to be made for 1St reading on July 27 ?
Thanks !
Cheryl L . Hoffman
Deputy Clerk to the Board
1150 O Street/P. O. Box 758
Greeley, CO 80632
Tel: (970) 400.4227
choffman@weldgov. com
2
Cheryl Hoffman
From : Kristine Ranslem
Sent: Wednesday, June 24, 2020 7 : 52 AM
To: Cheryl Hoffman
Subject: FW: Ord2020 - 11 ZPAGs
Attachments: ZPAG code changes 6 - 23 ex defns . docx; ZPAG code changes 6 - 23 . pdf
Importance: High
Follow Up Flag : Follow up
Flag Status: Flagged
Please see attached proposed code changes for Ordinance 2020- 11 .
From : Jim Flesher <jflesher@weldgov . com >
Sent : Tuesday, June 23 , 2020 4 : 46 PM
To : Kristine Ranslem < kranslem@weldgov . com >
Subject : RE : Ord2020- 11 ZPAGs
Importance : High
July 1st .
No , we ' ll have to do the RUA ord separately . I ' m working on it now . I think we may have the effective
date be after Angela ' s Alf Todd Creek case , which is 10/28 .
Also , I heard back from Bob on a change to the notarizations in the WAG section , so please use the
attached . We ' ll be removing the notary language to match as we update the code . ( No change to the
definitions document . )
A pdf of the current defns and combined changes is also attached .
Thanks ,
Jim
From : Kristine Ranslem < kranslem@weldgov . com >
Sent : Tuesday, June 23 , 2020 2 : 09 PM
To : Jim Flesher <jflesher@weldgov . com >
Subject : RE : Ord2020- 11 ZPAGs
Do you know when the worksession is scheduled ? Also, we are not presenting changes for the RUA ordinance at the 7/7
PC hearing, correct ?
Thanks Jim !
From : Jim Flesher <jflesher@weldgov . com >
Sent : Tuesday, June 23, 2020 2 : 00 PM
To : Kristine Ranslem < kranslem@weldgov . com >; Bruce Barker < bbarker@weldgov. com >
Cc : Bob Choate < bchoate@weldgov . com >; Angela Snyder < asnyder@weldgov . com >; Chris Gathman
< cgathman@weldgov . com >; Diana Aungst < daungst@weldgov . com >; Kim Ogle < kogle@weldgov . com >; Maxwell Nader
< mnader@weldgov . com >; Michael Hall < mhall@weldgov . com >; Tom Parko Jr . <tparko@weldgov . com >
Subject : Ord2020- 11 ZPAGs
1
Kris, Commissioner Kirkmeyer didn't have any changes this morning but she wants a short
worksession to go over this and the RUA ordinance So please use the attached for the PC resolution
for 7/7 and if the BOCC has changes at the ws, we'll have to change it You can ignore the language
in brackets and just strike -through the two existing definitions and replace with the attached Let me
know if you have questions
Bruce, we added a couple sentences at the very end of the ZPAG section that she also said to run by
you It is just to clarify that if we have an existing USR for a use that is now a ZPAG, we can do a
minor amendment under the USR section (23-2-285) If it is a major amendment, they would need to
apply for a ZPAG and then vacate the USR after the ZPAG is approved Let me know if you want to
discuss any of this further
I'll start working on the RUA repeal
Thanks,
Jim
2
CHAPTER 23 — Zoning
ARTICLE I - General Provisions
Section 23- 1 -90 . Definitions . [CURRENT CODE - NO CHANGES .]
FARMING: [Use by Right in Agricultural zone, accessory use in Estate.] The cultivation of land ;
the growing , storage , drying , and/or seasonal sale of crops , plants , flowers , and nursery stock
raised on the premises ; and ranching and/or the raising of LIVESTOCK , excluding LIVESTOCK
CONFINEMENT OPERATIONS . FARMING also includes TEMPORARY storage and sorting of
in-transit crops , plants , flowers , and nursery stock not raised or for sale on the premises . See
also AGRICULTURAL PRODUCTION .
AGRICULTURAL PRODUCTION: [ZPAG in Agricultural zone outside of subdivisions and
townsites , USR in subdivisions and townsites .] PROCESSING , packing , sorting , mixing ,
and/or blending of crops and other plants grown on premises and/or PROCESSING , packing ,
sorting , storing , dry ng , mixing , blending , and/or selling of crops and other plants grown off
premises , and BUILDINGS and STRUCTURES related thereto . AGRICULTURAL
PRODUCTION does not include production of ethanol or alcoholic beverages . See also
FARMING .
Page 1
CHAPTER 23 — Zoning
ARTICLE I - General Provisions
Section 23- 1 -90. Definitions . [DRAFT REVISED]
FARMING : [Use by Right in Agricultural zone, accessory use in Estate .] Any or all of the
following :
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 of the property , and
BUILDINGS and STRUCTURES related thereto ,
c . Ranching and/or the raising of LIVESTOCK, including DAIRIES , and BUILDINGS and
STRUCTURES related thereto , 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 of the property where
the sale occurs , and
f. Storing of feed for LIVESTOCK , whether grown on- or off-site .
AGRICULTURAL PRODUCTION : [ZPAG in Agricultural zone outside of subdivisions and
townsites , USR in Ag subdivisions and townsites .] PROCESSING of crops and other plants ,
AGRICULTURAL SUPPORT AND SERVICE , and BUILDINGS and STRUCTURES related
thereto . AGRICULTURAL PRODUCTION includes extracting oils from plants and canning of
plants for distribution to retailers , but does not include production of ethanol or alcoholic
beverages .
AGRICULTURAL SUPPORT AND SERVICE : [New definition — falls under Ag Production .]
Establishments principally engaged in serving DAIRIES and FARMING , ranching , and
AGRICULTURAL PRODUCTION operations , 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 of the property ,
b . Farm equipment sales , repair , and installation ,
c . Grain , seed , feed , and fertilizer retail and wholesale establishments ,
d . Irrigation companies ,
a 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 .
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 .
Page 2
CHAPTER 23 — Zoning
ARTICLE III - Zone Districts
Division 1 - A (Agricultural ) Zone District
Sec . 23 -3-35 . - Uses allowed by permit outside of subdivisions and historic townsites .
Delete K and reletter: ,
Division 17 of Article IV of this Chapter.
Delete M and reletter : Grain , seed , feed , and fertilizer retail and wholesale sales permitted under
Division 17 of Article IV of this Chapter .
Delete Q and reletter: LIVESTOCK salebarns permitted under Division 17 of Article IV of this
Chapter.
Sec . 23 -3-55 . - Uses allowed by permit in subdivisions and historic townsites .
Delete H and reletter : , repair and installation facilities permitted under
Division 17 of Article IV of this Chapter .
Sec . 23 -3-60 . Uses by special review in subdivisions .
Delete N and reletter : Grain , seed , feed , and fertilizer retail and wholesale sales .
Delete Q and reletter : LIVESTOCK salebarns .
23-3 -65. Uses by special review in historic townsites .
Delete S and reletter: Grain , seed , feed , and fertilizer retail and wholesale sales .
Delete Y and reletter: LIVESTOCK salebarns .
Division 3 - Commercial Zone Districts
Sec . 23 -3-230 . - C -3 ( Business Commercial ) Zone District.
Delete C . 13 and reletter : Farm equipment sales , repair , and installation facilities .
Delete C . 16 and reletter: Grain , seed , feed , and fertilizer retail and wholesale sales
establishments .
Division 4 - Industrial Zone Districts
Sec . 23 -3-310. - I - 1 ( Light Industrial ) Zone District.
Delete C . 9 and reletter : Farm eq-utpment sales , repair , and installation facilities .
Delete C . 12 and reletter: _
,
establishments.
Sec . 23 -3-320 . - 1 -2 ( Medium Industrial ) Zone District.
Delete C . 10 and reletter : Farm equipment sales , re , .
Delete C . 11 and reletter: Grain , seed , feed , and fertilizer retail and wholesale sales
establishments .
Sec . 23 -3-330 . - 1 -3 ( Heavy Industrial ) Zone District.
Delete C . 13 and reletter : , .
Delete C . 15 and reletter: - _
establishments .
Page 3
ARTICLE IV - Supplementary District Regulations and Zoning Permits
Division 17 - Zoning Permits for Certain Uses in the Agricultural Zone District
Sec . 23 -4- 1200. Uses requiring zoning permits in the agricultural zone district.
A . A zoning permit for USES listed in Article III of this Chapter as requiring issuance of a zoning
permit under this Division 17 may be approved if the USE complies with the criteria herein .
The Board of County Commissioners delegates the authority and responsibility for
processing and approving these zoning permits to the Department of Planning Services as
long as the application meets the criteria of this section and any other applicable
requirements within this Chapter 23 . If the Director of Planning Services determines the
application does not provide sufficient evidence showing the standards set forth in this
Division 17 will be met , he or she will forward the application to the Board of County
Commissioners for its review and consideration following a public hearing . Criteria for
approval include :
1 . The subject property is a LEGAL LOT .
2 . The application complies or will comply with the design standards in Section 23-4- 1205
and the conditions in Section 23-4- 1240 below .
3 . The proposed USE is compatible with applicable provisions of Chapter 22 of this Code .
, shall be available .
facilities proposed .
64 . The proposed USE is compatible with the character of the NEIGHBORHOOD .
;5 . The proposed USE is compatible with the general health , safety and welfare of the
inhabitants of the area and the COUNTY .
66 . The application complies with any requirements the Director of Planning Services deems
necessary in order to mitigate adverse effects of the USE on the NEIGHBORHOOD .
97 . The proposed USE has adequate access and STREET/ROAD or highway facilities
providing access to the property are adequate in size to meet the requirements of the
proposed USE .
108 . ln those instances where the following characteristics are applicable to the request, the
applicant has demonstrated compliance with the applicable standards :
a . If the proposed USE is located within any OVERLAY ZONING DISTRICT or
SPECIAL FLOOD HAZARD AREA identified by maps officially adopted by the
COUNTY , the applicant shall demonstrate compliance with the COUNTY
regulations concerning OVERLAY ZONING DISTRICTS and SPECIAL FLOOD
HAZARD AREAS .
b . The proposed USE of any area known to contain a COMMERCIAL MINERAL
DEPOSIT shall not interfere with the present or future extraction of such deposit by
an EXTRACTOR to any greater extent than under the present USE of the property .
. resent moderate or severe limitations
s na- c emons-ra-e : la: sAIc 1 i-m-i:aiions ca-n be overcome anc : la: : le imi-alions wi
be addressed by the applicant and/or the applicant' s successors or assigns prior to
the DEVELOPMENT of the property .
B . A preapplication conference with the Department of Planning Services may be required .
Page 4
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 for a second SINGLE-
FAMILY HOME , which shall not require a Zoning Permit Plan to be recorded and may be
hand -drawn without certifications . All Zoning Permit Plans for USES other than second
SINGLE- FAMILY HOMES 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 Fermit Plan shall include the entire LOT( S ) upon which the USE ( S ) will be
located . A Zoning Permit Plan , once recorded , replaces any previously recorded Zoning
Permit Plan for the subject property .
Sec . 23 -4- 1205. Design standards .
The applicant shall demonstrate compliance with the following design standards in the
application and shall continue to meet these standards if approved for DEVELOPMENT :
A . Adequate water service in terms of quality , quantity , and dependability is available to the site
to serve the USES permitted .
B . Adequate sewer service is available to the site to serve the USES permitted .
C . If soil conditions on the site are such that they present moderate or severe limitations to the
construction of STRUCTURES or facilities proposed for the site , the applicant has
demonstrated how such limitations can and will be mitigated .
D . Adequate fire protection measures are available on the site for the STRUCTURES and
facilities permitted .
E . USES shall comply with the stormwater drainage criteria requirements set forth in this Code .
F . All parking and vehicle storage shall be provided on the site . Parking and loading areas shall
be designed and constructed in accordance with Division 1 of Article IV of this Chapter .
G . USES shall comply with all the bulk requirements of Section 23- 3- 70 .
H . The access shall be located and designed to be safe . Ingress and egress shall not present a
safety hazard to the traveling public or to the vehicle accessing the property . For USES
generating high traffic volumes and large number of large , slow-accelerating vehicles ,
acceleration and deceleration lanes may be required to mitigate a potential traffic hazard .
I . New accesses to PUBLIC RIGHTS- OF-WAY shall be constructed in accordance with this
Code .
J . Buffering or SCREENING of the proposed USE from ADJACENT properties may be required
in order to make the determination that the proposed USE is compatible with the surrounding
Page 5
USES . Buffering or SCREENING may be accomplished through a combination of berming ,
landscaping , and fencing .
K . USES shall be located on the least prime soils on the LOT unless the applicant can
demonstrate why such a location would be impractical or infeasible .
L . The placement of SIGNS on the site shall comply with the requirements of Article IV , Division
2 and Appendices 23-C , 23- D , and 23- E of this Chapter.
M . Trash collection areas or facilities shall be SCREENED from PUBLIC RIGHTS-OF-WAY and
ADJACENT properties . These areas shall be designed and used in a manner that will prevent
wind - or animal-scattered trash .
Sec. 23 -4- 1210 . Operation standards .
The applicant shall demonstrate conformance with the following operation standards in the
zoning permit application to the extent that the standards affect location , layout and design of the
USE prior to construction and operation . Once operational , the operation of the USE permitted
shall conform to these standards .
A . The operation of the USES shall comply with the noise standards enumerated in Section
25- 12- 101 , et seq . , C . R . S .
B . The operation of the USES shall comply with the air quality regulations promulgated by the
Colorado Air Quality Control Commission .
C . The operation of the USES shall comply with the water quality regulations promulgated by
the Colorado Water Quality Control Commission .
D . The USES shall comply with the following lighting standards :
1 . Sources of light, including light from high-temperature processes such as combustion or
welding , shall be shielded so that light rays will not shine directly onto ADJACENT
properties where such would cause a nuisance or interfere with the USE on the
ADJACENT properties ; and
2 . Neither direct nor reflected light from any light source may create a traffic hazard to
operators of motor vehicles on PUBLIC or private STREETS/ROADS and no colored
lights may be used which may be confused with or construed as traffic control devices .
E . The USES shall not emit heat so as to raise the temperature of the air more than five (5)
degrees Fahrenheit at or beyond the LOT line .
F . Property shall be maintained in such a manner that grasses and weeds are not permitted to
grow taller than twelve ( 12 ) inches . In no event shall the property owner allow the growth of
NOXIOUS WEEDS .
G . Up to nine (9) COMMERCIAL VEHICLES associated with the zoning permit USE shall be
allowed to be parked on -site , unless otherwise approved by the Board of County
Commissioners .
Sec . 23 -4- 1220. Application requirements .
The following shall be submitted as a part of a zoning permit application :
A . An application on a form supplied by the Department of Planning Services . The application
shall include the following :
1 . Parcel number(s) of the subject property .
Page 6
2 . The name , address , email and telephone number of the applicant and property owner , if
different from the applicant .
3 . Signature of the applicant . If the applicant is not the owner of the property , an
authorization letter signed by the property owner shall be included .
B . A summary statement of the project including , as applicable :
1 . A description of the proposed USE .
2 . Proposed hours of operation .
3 . The number of employees associated with the USE , and whether they are residents of
the property .
4 . Anticipated traffic .
5 . A description of anticipated public events , if any , including anticipated number of
attendees .
C . A Zoning Permit Plan of the property , a draft of which shall be submitted in electronic ( . pdf)
format drafting media approved by the
Department of Planning Services, except for a second SINGLE- FAMILY HOME , which shall
not require a Zoning Permit Plan to be recorded and may be hand -drawn without
certifications . The Zoning Permit Plan shall include , as applicable :
1 . Existing and proposed STRUCTURES and approximate distances to the nearest
property lines . All STRUCTURES to be used in conjunction with the zoning permit shall
meet current SETBACKS and OFFSETS .
2 . Existing and proposed access . Access shall comply with the requirements of this Code.
3 . Existing and proposed parking areas , including surface material , number, and
dimensions of spaces and drive aisles . Parking shall comply with Article IV , Division 1 ,
of this Chapter as applicable .
4 . Existing and proposed landscaping and SCREENING . Buffering and/or SCREENING
may be required to mitigate the effects of the zoning permit on ADJACENT properties .
Buffering and/or SCREENING m
landscaping and fencing .
5 . Existing and proposed signage . All signage shall comply with Article IV , Division 2 , of
this Chapter as applicable .
6 . Other existing and proposed improvements .
7 . The Zoning Permit Plan shall bear the following certifications , except for a second
SINGLE- FAMILY HOME :
a . Property owner' s certificate , which shall be notarized in accordance with the Revised
Uniform Law on Notarial Acts , C . R . S . §24-21 - 501 , et seq . :
I , the undersigned , certify that the uses , buildings and structures located on this
Zoning Permit Plan are designed and will be constructed and operated in
accordance with the development standards hereon and the district requirements
for the Zone District as stated in Chapter 23 of the Weld County Code . I
understand failure to comply with the development standards , applicable provisions
of County Code , and/or any conditions of approval could result in the County
initiating a compliance action against me or my successors .
Signature of Property Owner
Page 7
The foregoing instrument was subscribed and sworn to be before me this day
of , , by .
WITNESS my hand and official scal .
My commission expires : .
Notary Public
b . Department of Planning Services' Administrative Review Certificate , which shall be
notarized in accordance with the Revised Uniform Law on Notarial Acts , C . R . S . §24-
21 - 501 , et seq . :
This Zoning Permit Plan is accepted and approved for filing .
Director of Planning Services
The foregoi � Tc to was ��, �n fare me this day of
by .
WITNESS my hand and official seal .
My commission expires : .
Notary Public
D . Evidence that a water supply of sufficient quality , quantity and dependability is or will be
available to serve the proposed USE , if applicable . A letter, permit , or bill from a water district ,
municipality , or the Division of Water Resources are examples of evidence .
E . Evidence that adequate means for the disposal of sewage for the proposed USE is or will be
available in compliance with the requirements of the zone district and the Department of
Public Health and Environment, if applicable .
F . A copy of a deed or legal instrument identifying the applicant' s interest in the property under
consideration .
G . A certified list of the names , addresses and the corresponding Parcel Identification Numbers
assigned by the County Assessor of the owners of LOTS within five hundred ( 500) feet of the
property subject to the application . The source of such list shall be the records of the County
Assessor, or an ownership update from a title or abstract company or attorney derived from
such records , or from the records of the County Clerk and Recorder. If the list was assembled
from the records of the County Assessor , the applicant shall certify that such list was
assembled within thirty (30) days of the application submission date .
H . A Statement of Taxes from the County Treasurer showing no delinquent property taxes for
the property under consideration .
I . The names and addresses of any owner , operator , or user of any irrigation ditch , lateral , or
pipeline that traverses the property .
J . The application fee . An additional fifty ( 50) percent of the application fee shall be added to
the cost of the application fee if the USE is started prior to issuance of a permit. The payment
of the investigation fee shall not relieve any persons from fully complying with the
requirements of this Chapter, nor from any other penalties .
K . The applicant shall provide a narrative or preliminary drainage study in accordance with the
stormwater drainage criteria requirements of this Code .
Page 8
L . Any off-site and on- site Improvements Agreement shall be made in conformance with the
County policy on collateral for improvements .
Sec . 23 -4- 1230 . Notification and appeal of denial .
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 twenty-eight (28 ) 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 twenty-eight
(28 ) 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 , staff 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 . REFERRAL
agencies with comments shall also be notified at least ten ( 10 ) days prior to the hearing .
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 Department of Planning Services 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 . The Board of County Commissioners shall hold a public hearing and consider 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 .
5 . Following the public hearing , the Board of County Commissioners shall adopt a
resolution affirming its decision as to whether to approve or deny the zoning permit. The
decision of the Board shall be final .
6 . 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
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 .
Page 9
Sec 23-4-1240 Conditions, enforcement, and revocation of zoning permit
A USES approved through this Division 17 shall also be subject to additional requirements
contained in Article V of this Chapter as applicable
B No USE permitted by zoning permit shall create any unreasonable adverse impacts to the
public health, safety and general welfare of the owners of ADJACENT LOTS, such as
offensive noise, vibration, smoke, dust, odors, lighting, traffic congestion, trash accumulation,
heat, glare, electrical interference, or other hazard or nuisance noticeable beyond the subject
property's boundaries
C The property owner shall maintain compliance with all applicable local, state and federal
regulations
D The Department of Planning Services may place conditions'on the issuance of the zoning
permit to ensure compliance with applicable provisions of This Code or to mitigate negative
impacts of the proposed USE
t
E Construction or USE pursuant to issuance of a,zoning permit shall be commenced within
three (3) years from the date of approval of the permit A one-time „extension of one hundred
twenty (120) days may be granted by the Department of Planning 'Services for good cause
shown by written request 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 Services If the Board of County Commissioners denies the extension or if
construction has not commenced' by the date specified by the Board, the zoning permit
approval shall be voided, and the application denied ' ,
F Any zoning permit may be revoked by the Board of County Commissioners for VIOLATION
of any of the terms of this Division 17 or, conditions of approval of the zoning permit following
a Probable Cause Hearing as outlined in Section 2-4-40 of this Code If the zoning permit is
revoked, the property —owner ,shall cease operation of the USE immediately Continued
operation of the USE after a zoning permit has been revoked shall be a VIOLATION of this
Code y,
G The Director of Planning Services may revoke a zoning permit if the USE is discontinued for
a period of three (3) consecutive years Should the Department of Planning Services observe
or receive credible evidence of such a discontinuance, the Department shall notify the
property owner by first-cless mail- If the property owner objects to the revocation of the zoning
permit within thirty (30) day, the Director of Planning Services may schedule a public hearing
before the Board of County commissioners for its review and decision The applicant shall
be notified of the public hearing at least ten (10) days prior to the hearing
H The Department of Planning Services may permit minor amendments to an approved zoning
permit without a complete application for a new zoning permit, notification to surrounding
property owners, or REFERRAL to agencies The applicant shall provide a written summary
of the proposed amendment(s) and any other documentation required by the Department of
Planning Services An increase of ten (10) percent or more in impervious surface area or an
increase of ten (10) percent or more in traffic shall not be considered a minor amendment If
the Director of Planning Services determines the proposed amendment does not qualify as
a minor amendment, the proposed amendment shall require a new zoning permit
Page 10
I . Any USE listed in Article III of this Chapter as requiring issuance of a zoning permit under
this Division 17 , but which was in lawful existence at the time of adoption of this Division 17 ,
may continue without obtaining a zoning permit so long as the USE is not discontinued for a
period of three (3) consecutive years . The Department of Planning Services may permit minor
amendments to such USE in accordance with the preceding Subsection . A minor amendment
to an existing approved Use by Special Review for a USE that now requires a zoning permit
under this Division 17 shall be processed in accordance with Section 23-2-285 of this
Chapter. If the Director of Planning Services determines the proposed amendment does not
qualify as a minor amendment , the proposed amendment shall require a zoning permit . If
approved , vacation of the Use by Special Review would be a condition of approval of the
zoning permit .
Page 11
Ogle < kogle@weldgov . com >; Maxwell Nader < mnader@weldgov . com >; Michael Hall < mhall@weldgov . com >
Subject : RE : ZPAG changes
I revised the talking points down to one page by removing the parts about dairies and ag - related
storage .
On the other attachment , I added dairies to farming and flushed out "AG SUPPORT & SERVICE "
more .
Please review .
Thanks ,
Jim
From : Tom Parko Jr . <tparko@weldgov . com >
Sent : Wednesday, May 6, 2020 9 : 14 AM
To : Jim Flesher <jflesher@weldgov . com >
Cc : Bethany Pascoe < bpascoe@weldgov . com > ; Bob Choate < bchoate@weldgov . com >; Angela Snyder
< asnyder@weldgov . com >; Chris Gathman < cgathman@weldgov . com >; Diana Aungst < daungst@weldgov . com >; Kim
Ogle < kogle@weldgov . com >; Maxwell Nader < mnader@weldgov . com >; Michael Hall < mhall@weldgov . com >
Subject : RE : ZPAG changes
Thanks for the follow up, Jim . I will place this on Commissioner Kirkmeyer' s briefing agenda for next Tuesday . Please
plan on attending . Others are welcome to attend as well . Briefings are held over in Pawnee Room and begin at 10am .
Tom
From : Jim Flesher < jflesher@weldgov . com >
Sent : Monday, May 4, 2020 2 : 15 PM
To : Tom Parko Jr . < tparko@weldgov . com >
Cc : Bethany Pascoe < bpascoe@weldgov . com >; Bob Choate < bchoate@weldgov . com >; Angela Snyder
< asnyder@weldgov . com >; Chris Gathman < cgathman@weldgov . com >; Diana Aungst < daungst@weldgov . com > ; Kim
Ogle < kogle@weldgov . com >; Maxwell Nader < mnader@weldgov . com >; Michael Hall < mhall@weldgov . com >
Subject : RE : ZPAG changes
Tom , I should ' ve sent an email about " ag - related outdoor storage " before sending my email last
Friday . Sorry about that . Copying Bethany this time . At some point last fall you or one of the planners
suggested adding " ag - related outdoor storage " to the allowed uses and I put it on my summary list of
changes . I do remember you mentioning that case about someone storing irrigation equipment but
can ' t find an email about it . Anyway , my comment on the attached means delete it from the list , not
the code . It isn ' t in code .
I don ' t believe the code has ever specifically stated you can store your own stuff but not someone
else ' s . I think at some point in the past staff decided " noncommercial junkyard " only included stuff
owned by the property owner and " commercial junkyard " would include other people ' s stuff, but the
code doesn ' t actually say that . Storing stuff could potentially fall under any one of these three
definitions :
COMMERCIAL JUNKYARD : An open or ENCLOSED area where any waste , JUNK or used or
secondhand materials are bought , sold , exchanged , stored , baled , packed , disassembled or
handled , including , but not limited , to scrap iron and other metals , paper , rags , rubber tires and
bottles . A COMMERCIAL JUNKYARD also includes the storage or keeping of DERELICT
VEHICLES .
NONCOMMERCIAL JUNKYARD : An area where any waste , JUNK or used or secondhand
materials are stored or handled , including but not limited to scrap iron and other metals , paper ,
rags , rubber tires , building materials and bottles . A NONCOMMERCIAL JUNKYARD may also
3
include the storage or keeping of DERELICT VEHICLES registered last or currently registered
under the property owner and /or tenant' s name . This definition does not include
COMMERCIAL VEHICLES . If the Zone district allows , the NONCOMMERCIAL JUNKYARD
shall be totally ENCLOSED within a BUILDING or STRUCTURE or visually SCREENED from
all ADJACENT properties and PUBLIC RIGHTS -OF -WAY .
OUTDOOR STORAGE : The outdoor placement or leaving of goods for future use ,
preservation or disposal , or the renting of space for storage of RECREATIONAL VEHICLES ,
boats , and camper trailers .
Incidentally , the only change with Ord19 - 02 to the first two was capitalization . " Outdoor storage " was
changed from :
OUTDOOR STORAGE : The outdoor placement or leaving of goods for future use ,
preservation or disposal , and associated with land USES such as the sales , rental , distribution
or wholesale sale of products , supplies and /or equipment .
Ord 19- 02 added to the list of accessory uses in the Ag zone :
OUTDOOR STORAGE of materials accessory to an allowed USE , as long as the materials are
SCREENED from ADJACENT LOTS and RIGHTS - OF-WAY .
I think this allows a property owner in the Ag zone to store someone else ' s stuff as long as that stuff is
accessory to an allowed use in the Ag zone . " Noncommercial junkyards " are also still accessory uses
in the Ag zone .
Long story short , if we want the code to say you can store your own stuff but not someone else ' s
unless it' s ag - related , we can do that , but I ' m not sure it' s an issue anymore . I think we ' d want to
revisit the definitions above , rather than just adding another use . Just my opinion . . .
Thanks ,
Jim
From : Tom Parko Jr. <tparko@weldgov . com >
Sent : Monday, May 4, 2020 9 : 22 AM
To : Jim Flesher <jflesher@weldgov . com >; Bob Choate < bchoate@weldgov . com >; Angela Snyder
< asnyder@weldgov . com >; Chris Gathman < cgathman@weldgov . com >; Diana Aungst < daungst@weldgov . com >; Kim
Ogle < kogle@weldgov . com >; Maxwell Nader < mnader@weldgov . com > ; Michael Hall < mhall@weldgov . com >
Subject : RE : ZPAG changes
Jim ,
Thank you . Yes, I think we need to have a discussion with Commissioner Kirkmeyer about this and now is the time to
change the code . Attached is my one and only comment . If no one else has any questions I get this on the briefing
agenda .
Thanks,
Tom
From : Jim Flesher <jflesher@weldgov . com >
Sent : Friday, May 1 , 2020 3 : 22 PM
To : Bob Choate < bchoate@weldgov . com >; Angela Snyder < asnyder@weldgov . com >; Chris Gathman
< cgathman@weldgov . com >; Diana Aungst < daungst@weldgov . com >; Kim Ogle < kogle@weldgov . com >; Maxwell Nader
< mnader@weldgov . com >; Michael Hall < mhall@weldgov . com >; Tom Parko Jr . <tparko@weldgov . com >
Subject : ZPAG changes
4
How does the attached look for summarizing what we want to propose for Commissioner Kirkmeyer
to review'?
I think the change to state USRs may include ZPAGs should go in the USR section, not the ZPAG
section, so I don't have it on the attached
Regarding dairies, if you all want to leave it out, I'm fine with that I just think we should either
1 Add it to the defn of "FARMING" This would be the easiest thing, other than ignoring it
2 Delete the term "DAIRY" from 23-1-90 altogether I did a search for the term in Ch 23 and it
only shows up in the definition of LCO, which is confusing
3 List DAIRIES as a Use by Right outside of subdivisions and townsites and a USR in them This
is my preference but it would restrict dairies somewhat so the BOCC may not like that
Thanks,
Jim
5
ARTICLE I - General Provisions
Section 23 - 1 -90 . Definitions .
AGRICULTURAL PRODUCTION : PROCESSING , packing , sorting , mixing , and/or
blending of crops and other plants grown on premises and/or PROCESSING , packing ,
sorting , storing , drying , mixing , blending , and/or selling of crops and other plants grown
off premises , AGRICULTURAL SUPPORT AND SERVICE , and BUILDINGS and
STRUCTURES related thereto . AGRICULTURAL PRODUCTION ; includes extracting oils
from plants and canning of plants for distribution to retailers , but does not include
production of ethanol or alcoholic beverages . See also FARMING .
FARMING : The cultivation of land ; the growing , drying , packing , sorting , storing , blending ,
storage , and /or seasonal sale of crops , plants , seeds , grain , {JF1 }flowers , and nursery stock
raised on the premises , and BUILDINGS and STRUCTURES related thereto ; and
ranching and /or the raising of LIVESTOCK , including DAIRIES , and BUILDINGS and
STRUCTURES related thereto , but excluding LIVESTOCK CONFINEMENT
OPERATIONS .
crops , plants , flowers , and nursery stock not raised or for sale on the premises . See also
AGRICULTURAL PRODUCTION . FARMING also includes transporting crops , plants ,
seeds , grain , flowers , nursery stock , DAIRY products , and LIVESTOCK raised on the
premises to off-site facilities , but not trucking companies primarily engaged in hauling
products produced off- site .
AGRICULTURAL SUPPORT AND SERVICE : Establishments principally engaged in
serving DAIRIES and FARMING , RANCHING , and AGRICULTURAL PRODUCTION
operations , including the following :
a . Farm equipment sales , repair , and installation ,
b . Grain , seed , feed , and fertilizer retail and wholesale establishments ,
c . Irrigation companies ,
d . Produce and LIVESTOCK auctions ,
e . Produce wholesalers ,
f. Elevator storage and cold storage warehouses ,
g . Farmers markets ,
h . Trucking companies primarily engaged in the hauling of agricultural products
such as crops , LIVESTOCK , DAIRY products , etc . , and
i . Other similar USES .
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 .
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ARTICLE III - Zone Districts
Division 1 - A (Agricultural ) Zone District
Sec . 23 -3 -20 . Uses allowed by right outside of subdivisions and historic townsites .
Insert new letter E : Drying , packing , sorting , storing , and /or blending of crops and other
plants grown off premises . [ Reletter remainder of section . ]
Sec . 23 -3 -35 . - Uses allowed by permit outside of subdivisions and historic
townsites .
,Delete [JF2] K and reletter: Farm equipment sales , repair
u nder Division 17 of Article IV of this Chapter .
Delete M and reletter : Grain , seed , feed , and fertilizer retail and wholesale sales permitted
u nder Division 17 of Article IV of this Chapter .
Delete Q and reletter : LIVESTOCK salebarns permitted under Division 17 of Article IV of
this Chapter .
Sec . 23 -3 -55 . - Uses allowed by permit in subdivisions and historic townsites .
Delete H and reletter: ;Farm equipment sales , repair and installation facilities permitted
u nder Division 17 of Article IV of this Chapter[JF3) 7
Sec . 23 -3 -60 . Uses by special review in subdivisions .
Insert new letter L : Drying , packing , sorting , storing , and/or blending of crops and other
plants grown off premises [ Reletter remainder of section . ]
Delete N and reletter : Grain , seed , feed , and fertilizer retail and wholesale sales .
Delete Q and reletter : LIVESTOCK salebarns .
23 -3 -65 . Uses by special review in historic townsites .
Insert new letter P : Drying , packing , sorting , storing , and /or blending of crops and other
plants grown off premises . [ Reletter remainder of section . ]
Delete S and reletter : Grain , seed , feed , ni fertilize-r retail and wholesale sales .
Delete Y and reletter : LIVESTOCK salebarns .
2IPage
ARTICLE IV - Supplementary District Regulations and Zoning Permits
Division 17 — Zoning Permits for Certain Uses in the Agricultural Zone District
Sec . 23 -4-1200 . Uses requiring zoning permits in the agricultural zone district.
A . A zoning permit for USES listed in Article III of this Chapter as requiring issuance of
a zoning permit under this Division 17 may be approved if the USE complies with the
criteria herein . The Board of County Commissioners delegates the authority and
responsibility for processing and approving these zoning permits to the Department
of Planning Services as long as the application meets the criteria of this section and
any other applicable requirements within this Chapter 23 . If the Director of Planning
Services determines the application does not provide sufficient evidence showing the
standards set forth in this Division 17 will be met , he or she will forward the application
to the Board of County Commissioners for its review and consideration following a
public hearing . Criteria for approval include :
1 . The subject property is a LEGAL LOT .
2 . The application complies or will comply with the design standards in Section 23-
4- 1205 and the conditions in Section 23-4 - 1240 below .
3 . The proposed USE is compatible with applicable provisions of Chapter 22 of this
Code .
5 . Adequate fire protection measures are available on the site for the
STRUCTURES and facilities proposed . [JF4 ]
64 . The proposed USE is compatible with the character of the NEIGHBORHOOD .
75 . The proposed USE is compatible with the general health , safety and welfare of
the inhabitants of the area and the COUNTY .
86 . The application complies with any requirements the Director of Planning Services
deems necessary in order to mitigate adverse effects of the USE on the
NEIGHBORHOOD .
97 . The proposed USE has adequate access and STREET/ROAD or highway
facilities providing access to the property are adequate in size to meet the
requirements of the proposed USE .
108 . In those instances where the following characteristics are applicable to the
request , the applicant has demonstrated compliance with the applicable
standards :
a . If the proposed USE is located within any OVERLAY ZONING DISTRICT or
SPECIAL FLOOD HAZARD AREA identified by maps officially adopted by
the COUNTY , the applicant shall demonstrate compliance with the COUNTY
regulations concerning OVERLAY ZONING DISTRICTS and SPECIAL
FLOOD HAZARD AREAS .
b . The proposed USE of any area known to contain a COMMERCIAL MINERAL
DEPOSIT shall not interfere with the present or future extraction of such
deposit by an EXTRACTOR to any greater extent than under the present
USE of the property .
3IPage
If soil conditioner on a site pro such that they -pres-ent moderate of severe
limitations to the construction of STRUCTURES or facilities proposed for the
vercome
and that the limitations- will be addressed by the applicant and /or the
property . (JF5]
B . A preapplication conference with the Department of Planning Services may be
required .
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 for a second
SINGLE - FAMILY HOME , which shall not require a Zoning Permit Plan to be recorded
and may be hand -drawn without certifications . All other Zoning Permit Plans shall be
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 USE (S) will
be located . A Zoning Permit Plan , once recorded , replaces any previously recorded
Zoning Permit Plan for the subject property .
Sec . 23 -4- 1205 . Design standards .
The applicant shall demonstrate compliance with the following design standards in
the application and shall continue to meet these standards if approved for
DEVELOPMENT :
A . Adequate water service in terms of quality , quantity and dependability is available to
the site to serve the USES permitted .
B . Adequate sewer service is available to the site to serve the USES permitted .
C . If soil conditions on the site are such that they present moderate or severe limitations
to the construction of STRUCTURES or facilities proposed for the site , the applicant
has demonstrated how such limitations can and will be mitigated .
D . Adequate fire protection measures are available on the site for the STRUCTURES
and facilities permitted .
E . USES shall comply with the stormwater drainage criteria requirements set forth in this
4I Page
Code .
F . All parking and vehicle storage shall be provided on the site . Parking and loading
areas shall be designed and constructed in accordance with Division 1 of Article IV
of this Chapter .
G . USES shall comply with all the Bulk Standards requirements of Section 23 - 3 -70 .
H . The access shall be located and designed to be safe . Ingress and egress shall not
present a safety hazard to the traveling public or to the vehicle accessing the property .
For USES generating high traffic volumes and large number of large , slow-
accelerating vehicles , acceleration and deceleration lanes may be required to
mitigate a potent al traffic hazard .
I . New accesses to PUBLIC RIGHTS - OF -WAY shall be constructed in accordance with
this Code .
J . Buffering or SCREENING of the proposed USE from ADJACENT properties may be
required in order to make the determination that the proposed USE is compatible with
the surrounding USES . Buffering or SCREENING may be accomplished through a
combination of berming , landscaping , and fencing .
K . USES shall be located on the least prime soils on the LOT unless the applicant can
demonstrate why such a location would be impractical or infeasible .
L . The placement of SIGNS on the site shall comply with the requirements of Article IV ,
Division 2 and Appendices 23 - C , 23 - Dz and 23 - E of this Chapter .
M . Trash collection areas or facilities shall be SCREENED from PUBLIC RIGHTS- OF -
WAY and ADJACENT properties . These areas shall be designed and used in a
manner that will prevent wind - or animal -scattered trash .
Sec . 23 -4- 1210 . Operation standards .
The applicant shall demonstrate conformance with the following operation standards
in the zoning permit application to the extent that the standards affect location , layout and
design of the USE prior to construction and operation . Once operational , the operation of
the USE permitted shall conform to these standards .
A . The operation o' the USES shall comply with the noise standards enumerated in
Section 25 - 12 - 101 , et seq . , C . R . S .
B . The operation of the USES shall comply with the air quality regulations promulgated
by the Colorado Air Quality Control Commission .
C . The operation of the USES shall comply with the water quality regulations
promulgated by the Colorado Water Quality Control Commission .
D . The USES shall comply with the following lighting standards :
1 . Sources of light , including light from high -temperature processes such as
combustion or welding , shall be shielded so that light rays will not shine directly
onto ADJACENT properties where such would cause a nuisance or interfere with
the USE on the ADJACENT properties ; and
5I '' age
2 . Neither direct nor reflected light from any light source may create a traffic hazard
to operators of motor vehicles on PUBLIC or private STREETS/ROADS and no
colored lights may be used which may be confused with or construed as traffic
control devices .
E . The USES shall not emit heat so as to raise the temperature of the air more than five
( 5 ) degrees Fahrenheit at or beyond the LOT line .
F . Property shall be maintained in such a manner that grasses and weeds are not
permitted to grow taller than twelve ( 12 ) inches . In no event shall the property owner
allow the growth of NOXIOUS WEEDS .
G . Up to nine ( 9 ) COMMERCIAL VEHICLES associated with the zoning permit USE
shall be allowed to be parked on -site , unless otherwise approved by the Board of
County Commissioners .
Sec . 23 -4 - 1220 . Application requirements .
The following shall be submitted as a part of a zoning permit application :
A . An application on a form supplied by the Department of Planning Services . The
application shall include the following :
1 . Parcel number( s ) of the subject property .
2 . The name , address , email and telephone number of the applicant and property
owner , if different from the applicant .
3 . Signature of the applicant . If the applicant is not the owner of the property , an
authorization letter signed by the property owner shall be included .
B . A summary statement of the project including , as applicable :
1 . A description of the proposed USE .
2 . Proposed hours of operation .
3 . The number of employees associated with the USE , and whether they are
residents of the property .
4 . Anticipated traffic .
5 . A description of anticipated public events , if any , including anticipated number of
attendees .
C . A Zoning Permit Plan of the property , a draft of which shall be submitted in electronic
( . pdf) format and if approved shalt be su +tted on Mylar of other drafting media
approved by the Department of Planning Services , except for a second SINGLE -
FAMILY HOME , which shall not require a Zoning Permit Plan to be recorded and may
be hand -drawn without certifications . The Zoning Permit Plan shall include , as
applicable :
1 . Existing and proposed STRUCTURES and approximate distances to the nearest
property lines . All STRUCTURES to be used in conjunction with the zoning permit
shall meet current SETBACKS and OFFSETS .
2 . Existing and proposed [JF6 ] access . Access shall comply with the requirements of
this Code .
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3 . Existing and proposed parking areas , including surface material , number , and
dimensions of spaces and drive aisles . Parking shall comply with Article IV ,
, s applicable .
4 . Existing and proposed landscaping and SCREENING . Buffering and/or
SCREENING may be required to mitigate the effects of the zoning permit on
5 . Existing and proposed signage . All signage shall comply with Article IV , Division
2 , of this .
6 . Other existing and proposed improvements .
7 . The Zoning Permit Plan shall bear the following certifications , except for a second
SINGLE - FAMILY HOME :
a . Property owner' s certificate :
[ NO CHANGE ]
b . Department of Planning Services ' Administrative Review Certificate :
[ NO CHANGE ]
D . Evidence that a water supply of sufficient quality , quantity and dependability is or will
be available to serve the proposed USE , if applicable . A letter , permit , or bill from a
water district , municipality , or the Division of Water Resources are examples of
evidence .
E . Evidence that adequate means for the disposal of sewage for the proposed USE is
or will be available in compliance with the requirements of the zone district and the
Department of Public Health and Environment , if applicable .
F . A copy of a deed or legal instrument identifying the applicant' s interest in the property
under consideration .
G . A certified list of the names , addresses and the corresponding Parcel Identification
Numbers assigned by the County Assessor of the owners of LOTS within five hundred
( 500 ) feet of the property subject to the application . The source of such list shall be
the records of the County Assessor , or an ownership update from a title or abstract
company or attorney derived from such records , or from the records of the County
Clerk and Recorder . If the list was assembled from the records of the County
Assessor , the applicant shall certify that such list was assembled within thirty ( 30 )
days of the application submission date .
H . A Statement of Taxes from the County Treasurer showing no delinquent property
taxes for the property under consideration .
I . The names and addresses of any owner , operator , or user of any irrigation ditch ,
lateral , or pipeline that traverses the property .
J . The application fee . An additional fifty ( 50 ) percent of the application fee shall be
added to the cost of the application fee if the USE is started prior to issuance of a
permit . The payment of the investigation fee shall not relieve any persons from fully
complying with the requirements of this Chapter , nor from any other penalties .
Mage
K The applicant shall provide a narrative or preliminary drainage study in accordance
with the stormwater drainage criteria requirements of this Code
L Any off -site and on -site Improvements Agreement shall be made in conformance with
the County policy on collateral for improvements
Sec. 23-4-1230. Notification and appeal of denial.
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 twenty-
eight (28) days may be deemed a favorable respons0I REFERRAL agency review
comments are considered recommendations h//e �ithority and responsibility for
Services
and denial of a zoning permit rests ,tt , the Department of Planning
B The' Department of Planning Services shallend notice, m Rled first-class, to owners
of LOTS within five hundred (500) feetdf the subject properfy,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 sentby the Department of Planning
Services within twenty-eight (28) days '/j„%j��
C Within sixty (60) days of receiving, a,COMPLETEAPPLICATION, the Department of
Planning Services shall providela%wrttten repo t4, p the applicant and provide the
applicant comments received frd REFERRAL agencies and any objections received
from the property/owners notified %The app) ca/nt shall%, given the opportunity to
revise the applicationwto7address the,�concerns raised If the Director of Planning
Services is satisfied with the,applicants%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/concefnstothe satisfaction of the Director of Planning Services,
�,/.,'/, /%/, i ire %i
the /fecto fof�Planning'Sewices shall scneddule a public hearing before the Board of
County'Commissigners forits review%and„decision following a public hearing
1 ' if scheduled forapublic hearing before the Board of County Commissioners, staff
shalLsend notice,/mailed first-class, to the applicant and owners of LOTS within
fivettundred (500) feet of the subject property at least ten (10) days prior to the
heart gREFERRA %agencies with comments shall also be notified at least ten
(10) days -or to the,;hearing
2 The Departmen ,p tanning 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 Department of Planning Services 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
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4 . The Board of County Commissioners shall hold a public hearing and consider
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 .
5 . Following the public hearing , the Board of County Commissioners shall adopt a
resolution affirming its decision as to whether to approve or deny the zoning
permit . The decision of the Board shall be final .
6 . 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 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 .
Sec . 23 -4 - 1240 . Conditions , enforcement, and revocation of zoning permit.
A . USES approved through this Division 17 shall also be subject to additional
requirements contained in Article V of this Chapter as applicable .
B . No USE permitted by zoning permit shall create any unreasonable adverse impacts
to the public health , safety and general welfare of the owners of ADJACENT LOTS ,
such as offensive noise , vibration , smoke , dust , odors , lighting , traffic congestion ,
trash accumulation , heat , glare , electrical interference , or other hazard or nuisance
noticeable beyond the subject property ' s boundaries .
C . The property owner shall maintain compliance with all applicable local , state and
federal regulations .
D . The Department of Planning Services may place conditions on the issuance of the
zoning permit to ensure compliance with applicable provisions of this Code or to
mitigate negative impacts of the proposed USE .
E . Construction or USE pursuant to issuance of a zoning permit shall be commenced
within three ( 3 ) years from the date of approval of the permit . A one-time extension
of one hundred twenty ( 120 ) days may be granted by the Department of Planning
Services for good cause shown by written request . 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 Services . If the Board of County
Commissioners denies the extension or if construction has not commenced by the
date specified by the Board , the zoning permit approval shall be voided , and the
application denied .
F . Any zoning permit may be revoked by the Board of County Commissioners for
VIOLATION of any of the terms of this Division 17 or conditions of approval of the
zoning permit following a Probable Cause Hearing as outlined in Section 2 -4 -40 of
this Code . If the zoning permit is revoked , the property owner shall cease operation
of the USE immediately . Continued operation of the USE after a zoning permit has
been revoked shall be a VIOLATION of this Code .
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G The Director of Planning Services may revoke a zoning permit if the USE is
discontinued for a period of three (3) consecutive years Should the Department of
Planning Services observe or receive credible evidence of such a discontinuance,
the Department shall notify the property owner by first-class mail If the property
owner objects to the revocation of the zoning permit within thirty (30) days, the
Director of Planning Services may schedule a public hearing before the Board of
County Commissioners for its review and decision The applicant shall be notified of
the public hearing at least ten (10) days prior to the hearing
H The Department of Planning Services may permit minor amendments to an approved
zoning permit without a complete application for a ne/iw zoning permit, notification to
ce%
surrounding property owners, or REFERRAL to ageneies The applicant shall provide
a written summary of the proposed amendme/a9) and any other documentation
ter/
required by the Department of Planning ServAnIncrease of ten (10) percent or
more in impervious surface area or an increaseof tent(10) percent or more in traffic
shall not be considered a minor amendment If the Director of Planning Services
determines the proposed amendment,doe's not qualify as/a�minor amendment, the
proposed amendment shall require anew zoning permit %/ an%
I Any USE listed in Article III of this Chapteas requ,ring issuance%of a zoning permit
/r; i .� !ice, ;
under this Division 17, but which was in IawfUl existence at the timeof adoption of
this Division 17, may continu e/wtthout obtainingOoning permit so long as the USE
is not discontinued for a perio'dlof%three (3) consecutive years The Department of
Planning Services may permit minor arnendments'td such USE in accordance with
the preceding Subsection "i /�'"%/r;%°
/i�/ %/%ice �'f /;- /'• /%%,/y`;;,„ / ,0, ,
0r,//
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Background :
1 . The definitions of both Farming and Ag Production include storing and sorting of crops grown off-premises ,
but in the definitior of Farming , these are limited to temporary ( six- month ) storage and sorting of in -transit
crops .
2 . The definition of Ag Production includes Processing of crops grown on - or off- premises , which includes uses
such as extracting vegetable oil or cannabidiol ( CBD ) from industrial hemp .
3 . Ag Production is a ZPAG in the Ag zone outside of subdivisions/townsites and a USR in them .
4 . Farming is a Use by Right everywhere in the Ag zone and an Accessory Use in the Estate zone .
5 . Staff feels certain ag -related uses are not accounted for in the zoning code and others could be consolidated
under "Agricultural Support and Service , " and that the ZPAG section of Chapter 23 is in need of certain
revisions as outlined below .
Staff is proposing to :
1 . Create a new definition , "Agricultural Support and Service , " which would be included in Agricultural
Production ( not listed separately in the zoning districts ' allowed uses ) .
2 . Agricultural Support and Service would include :
a . Farm equipment sales , repair, and installation . ( Currently listed separately in Article III . )
b . Grain , seed , feed , and fertilizer retail and wholesale establishments . ( Currently listed separately in Article
III . )
c . Irrigation companies . ( Currently not listed . )
d . Produce and livestock auctions . ( Currently not listed other than " LIVESTOCK salebarns" listed as ZPAGs
outside of subdivisions and townsites and USRs in them . )
e . Produce wholesalers . ( Currently fall under sales of crops grown off-site . )
f. Elevator storage and cold storage warehouses . ( Currently only listed as " storage" in the definitions of
Farming and Agricultural Production . )
g . Farmers ' markets . ( Currently fall under selling of crops grown off-site within the definition of Agricultural
Production . )
h . Trucking companies primarily engaged in the hauling of agricultural products such as crops , livestock ,
dairy products , etc . ( Currently not listed . Prior to Ordinance 2019- 02 , trucking companies could apply for
a USR in the Ag zone outside of subdivisions and townsites under Subsection S (23-3-40 . S ) . ) (ZPAGs
are limited to 9 Commercial Vehicles parked on -site . See below . )
3 . Move " packing , sorting , mixing , and/or blending " of crops grown on -site from the defintion of Ag Production
( ZPAG/USR ) to Farming ( Use by Right) .
4 . Remove references to off-premise crops from the definitions of Farming and Ag Production and list them
( " drying , packing , sorting , storing , and/or blending " ) under Uses by Right in the Ag zone outside of
subdivisions/townsites and as USRs in subdivisions/townsites .
Other ZPAG changes ( Division 17 , Article IV , Chapter 23 ) :
1 . Add a section for Design Requirements . For example , Sec . 23-4- 1220 . K requires the application to include
a drainage narrative or preliminary study , but nowhere in the ZPAG division does it specifically state the site
must be developed in accordance with drainage requirements . Staff feels it would improve staff reports for
ZPAGs if a separate section contained all of the design standards .
2 . Insert an exceptior to the requirement for recorded maps for second single-family homes .
3 . Allow for recording of digital maps for the other ZPAGs .
4 . Change the code to explicitly state a ZPAG encumbers the entire lot. A lot may have more than one ZPAG ,
but may only have one map , which replaces any previously recorded ZPAG map .
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