The URL can be used to link to this page

Browse Search

Home My WebLink About20191640.tiffMEMORAN TO: BOARD OF COUNTY COMMISSIONERS FROM: TOM PARKO, JR., DIRECTOR OF PLANNING JIM FLESHER, LONG-RANGE PLANNER DATE: JULY 0, 2019 RE: ORDINANCE 2019-02, THIRD READING For third and final reading of this ordinance updating the Zoning Code, staff proposes the following minor revisions. 1. Certain words need to be changed to all capital letters since they are defined in Section 234-90. (See pages 3, 8, 10, 12, 18, 20, 27, 29, 36, 80, 101, 104, 111, 112, 128, and 152.) 2. A couple of terms should not be in all capitals since they aren't defined. (See pages 66 and 70.) 3. There are a couple of alphabetizing errors, so certain words or definitions are being moved to be alphabetical. (See page 8, 9, and 101.) 4. There is some very minor language clean-up on pages 7, 20, 41, 51, 52, 56, 57, and 145. These proposed changes are highlighted in the attached ordinance. Staff will be happy to go over them in more detail at the hearing, if the Board so chooses. Land Use Table 6/10/19 This table is for reference only. Please refer to Ordinance 2019-02 for the actual regulations. Page aof3 Use A Ag Subdivisions (after 1961) Ag Townsites (pre 1961) C-1 C-2 C-3 C-4 I-1 1-2 F_y R-1 R-2 R-3 R-4 R-5 E 1 FARMING (includes ranching and gardening) (Revised definition) UBR UBR UBR ACC * 2 GARDENING (includes community gardens) (See new definition.) UBR UBR UBR UBR UBR UBR UBR UBR UBR 3 AGRICULTURAL PRODUCTION (See new definition.) ZPAG 'SR * USR USR SPR'' SPR * SPR * sPr'. _— 4 Water tanks, ag-related tanks UBR* UBR* UBR* 5 TEMPORARY seasonal USES - fireworks, fruit stands, Christmas trees TSU TSU TSU TSU TSU TSU ' TSU TSU TSU TSU 6 Grain, seed, feed, and fertilizer retail and wholesale sales ZPAG * USR USR SPR * SPR * SPR * SPR * SPR * SPR k SPR ' 7 ANIMAL BOARDING and TRAINING FACILITIES (revised definitions), <60 trips, does not exceed animal units in bulk requirements UBR UBR UBR ACC * 8 ANIMAL BOARDING and TRAINING FACILITIES, 60+ trips/day, excess animal units USR USR USR 9 KENNELS (See 23-4-4004 (Revised definition) USR USR USR USR * USR * SPR 10 Keeping S to 8 HOUSEHOLD PETS of 1 species or 8 to 16 of multiple species ZPAG ZPAG ZPAG -� _■ 11 LIVESTOCK CONFINEMENT OPERATIONS (See 23-4-350.) (Revised definition) USR 12 ORGANIC FERTILIZER PRODUCTION/COMPOSTING FACILITIES (See Grain, seed, and feed for fertilizer sales.) (See also 23-4-360 for storage and sale.) (Formerly Animal waste recycling and processing.) (New definition) USR USR USR SPR * SPA n 13 LIVESTOCK salebarns ZPAG * USR USR 14 BIOSOLID disposal EH EH * €H permit * SPR * SPR * permit permit 15 DOMESTIC SEPTAGE disposal EH permit USR EH * USR EH permit * * USR SPR * SPR SPR permit 16 EXOTIC ANIMALS USR USR USR di SR 17 AGRITAINMENT, ag-related EVENT FACILITIES, AGRITOURISM, HUNTING LODGES (new definitions) ZPAG USR * ZPAG USR * ZPAG ki-S-R* 18 EVENT FACILITIES (not ag-related) (See new definition.) USR* USR* USR* SPR * SPR * SOP,* 19 FISHING and noncommercial WATER SKIING UBR ACS * UBR ACC* UBR A C * UBR* UBR* UBR* UBR* UBR ` • UBR" 20 CAMPING and HUNTING UBR ACC* UBR ACC* UBR ACC 21 CAMPGROUNDS (Revised definition) USR USR USR 22 Golf courses ZPAG 41--S-R * ZPAG 14§R * ZPAG -1,i-SR * USR * SPR * SPR * SPR . SPR * SPR * SPR * SPR * •SPR * SPR * 23 PUBLIC parks UBR UBR UBR UBR * UBR * UBR * UBR ' UBR * UBR * UBR " UBR UBR UBR UBR UBR UBR 24 RACING FACILITIES (See new definition.) USR SPR * SPR * 25 Rodeos, COMMERCIAL and roping arenas, COMMERCIAL USR USR USR 26 RECREATION FACILITIES, COMMERCIAL (Revised definition) USR USR USR USR * SPR * SPR * SPR ACC * ACC (SPR) ACC(SPR) 27 RECREATION FACILITIES, PUBLIC, PRIVATE ZPAG * ZPAG US' * ZPAG USR * SPR * SPR * SPR * SPR A,CG * ACC (SPR) ACC (SPR) SPR " SPR * SPR' SPR * SPR * SPR 28 SHOOTING RANGES, INDOOR ZPAG USR * ZPAG 1 R * ZPAG 4:1. -SR * SPR * SPR * SPR * SPA ' 29 SHOOTING RANGES, OUTDOOR (See 23-4-370.) ZPAG USR * ZPAG USR * ZPAG USR * 30 THEATERS or convention halls _ SPR SPR 31 Medical marijuana, limited to 1 caregiver ACC ACC ACC 32 HOME BUSINESS (Revised definition) _ USR USR USR USR 33 HOME OCCUPATIONS, Class I (See 23-4-990.) (Revised definition) ZPHO ZPHO ZPHO ZPHO ZPHO ZPHO ZPHO ZPHO ZPHO 34 HOME OCCUPATIONS, Class II, (See 23-4-990.) (Revised definition) ZPHB ZPHB ZPHB ZPHB 35 CHILD CARE CENTERS (Revised definition) USR USR USR SPR SPR * SPR - i USR USR USR USR USR USR 36 37 SCHOOLS, COMMERCIAL (Revised definition) USR* SPR SPR * SPR * SPR USR USR HOTELS/MOTELS USR* USR * SPR SPR * SPR SPR 38 FUNERAL HOMES or mortuaries USR* SPR SPR * SPR 39 NIGHTCLUBS, BARS, LOUNGES or TAVERNS USR* SPR * SPR SPR 40 BREW PUB (retail, <1,860,000 gallons/year) (Revised definition) ZPAG USR * ZPAG USR * ZPAG USS * SPR SPR SPR 'SPR SPR 41 BREWERY, DISTILLERY, or WINERY (Revised definitions) ZPAG * ZPAG USR * ZPAG * SPR'" 1 SPR * SPR * SEA 4`> 42 RESTAURANTS (Revised definition) USR* USR* SPR * SPR SPR ' SPR SPR 43 Veterinary clinics or animal hospitals ZPAG 4 -SR * ZPAG l4 -S -R * ZPAG U§R * USR SPR SPR SPR 44 OFFICES ACC ACC ACC SPR * SPR SPR SPR ACC * SPR ACC* ` SPR AAC— 45 Farm equipment sales, repair and installation facilities ZPAG 1.658 * ZPAG loS * ZPAG USR * SPR * SPR * SPR * SPR *eR• s 46 RETAIL/SERVICE<3,000 SF GROSS FLOOR AREA (See new definition.) USR* SPR SPR SPR SPR SPR * SPR * S'�.R` 47 RETAIL/SERVICE 3,000 - 20,000 SF GROSS FLOOR AREA (See new definition.) USR* SPR * SPR * 48 RETAIL/SERVICE>20,000 SF GROSS FLOOR AREA (See new definition.) USR* SPR 49 ADULT BUSINESS, SERVICE or ENTERTAINMENT (See 23-9-10.) (Revised definition) SPR * SPR * SPR *' * Change from current code ACC = Accessory Use EH = Environment Health Department LAP = Location Assessment for Pipeline NA = Not applicable SPR = Site Plan Review TAP = Temporary Assembly Permit TSU = Temporary Seasonal Use UBR = Use by Right USR = Use by Special WOGLA = Weld Oil & Gas Location Assessment ZPAG = Zoning Permit for certain uses in the A zone ZPAS = ZP for accessory storage semi -trailer ZPCV = ZP for commercial vehicle ZPHB = ZP for class II home occupation ZPHO = ZP for class I home occupation ZPMH = ZP for manufactured homes ZPNCT = ZP for noncommercial tower ZPTT = ZP for telecommunicationstower ZPWG = ZP for wind generator A = Agricultural C = Commercial I = Industrial R = Residential E = Estate Review (See Div. 3 of Art. IV) Land Use Table 6/10/19 This table is for reference only. Please refer to Ordinance 2019-02 for the actual regulations. Page 2 of 3 Use A Ag Subdivisions (after 1961) Ag Townsites (Pre 1961) C-1 C-2 C-3 C-4 I-1 1-2 i-3 R-1 R-2 R-3 R-4 R -S E 50 CAR WASHES (new definition) & gas stations USR* SPR * SPR * SPR SPR SPR SPR SPR- 51 WHOLESALE TRADE ESTABLISHMENTS SPR SPR 52 CONTRACTOR'S SHOPS ZPAG * ZPAG * ZPAG * SPR * SPR * SPR SPR * SPR * SPR 53 LUMBERYARDS/WOODWORKING (See new definition.) USR* USR* SPR SPR SPR * SPR * SPR 54 VEHICLE RENTAL & SALES ESTABLISHMENTS SPR * SPR SPR ' SPR 55 VEHICLE SERVICE/REPAIR ESTABLISHMENTS SPR * SPR SPR SPR SPR 56 REPAIR SERVICE ESTABLISHMENT USR USR USR SPR SPR ACC (SPR) SPR SPR SPR 57 TRANSLOADING (Revised definition) USR USR * USR SPR * SPR SPR 58 DISTRIBUTION CENTERS (formerly Warehousing and transfer facilities) (New definition) SPR SPR * SPR SPR 59 Transportation headquarters (taxi, bus, other) SPR ' • SPR * 60 COMMERCIAL VEHICLES, parking of (See 23-4-950 for Ag & E.) Definition does not include farm trucks. (Revised definition) 1 per lot ACC 1 per lot >lac. ZPCV 1 per lot >lac. ZPCV ACC (SPR) * ACC (SPR) * SPR ACC (SPR) ACC (SPR) SPR * SPR' 1 per lot ZPCV 61 LANDSCAPING COMPANIES (New definition) ZPAG * USR * SPR* SPA' SPR * SPR 62 TRUCK WASHOUT FACILITIES, COMMERCIAL (New definition) USR * SPR * 63 MEAT PROCESSING (New definition) USR * USR * SPR * 64 MEAT PROCESSING, CUSTOM (New definition) ZPAG USR * USR * USR SPR * SPR * SPR * SPR' 65 PET CREMATORIES (New definition) SPR * 66 OUTDOOR STORAGE (Revised definition) ACC* ACC* ACC* SPR ACC (SPR) SPR SPR 67 COMMERCIAL STORAGE BUILDINGS (Mini -storage, Self -storage) (New definition) SPR * SPR * SPR * SPR 68 CARGO CONTAINERS (See 23-4-1100.) 2-5 per lot ACC 1 per lot ACC 1 per lot ACC ACC (SPR) * ACC (SPR) ACC (SPR) 69 CARGO CONTAINERS, >tt allowed (See 23-4-1100.) USR USR USR 70 SEMI -TRAILERS as accessory storage (See 23-4-900.) (Revised definition) 2 per lot ACC 1 per lot ZPAS 1 per lot ZPAS ACC (SPR) * ACC (SPA) ACC" (SPR)' 71 SEMI -TRAILERS as accessory storage, ># allowed (See 23-4-900.) USR USR USR 72 COMMERCIAL JUNKYARDS k{ -SR * USR * 11SR * * USR IJSR 73 NONCOMMERCIAL JUNKYARD ACC ACC ACC 74 Storage buildings, accessory to use by right, subject to guidelines ACC ACC ACC ACC (SPR) ACC (SPR) ACC (SPR) * ACC (SPA) NA NA NA ACC ACC ACC ACC ACC ACC 75 AIRPORTS and AIRSTRIPS, including cropdusting operations ZPAG * USR * USR SPR 76 AIRSTRIPS, accessory USR USR ACC (SPR) USR * NA * 77 HELIPORTS (New definition) USR* USR* SPR * SPR * SPR 78 OIL AND GAS STORAGE FACILITIES, and SUPPORT AND SERVICE USR USR* .USR * SPR SPR 79 Asphalt or concrete batch plant, permanent USA * USR * USA * USR* SPR* SPA USR * SPRY * 80 Asphalt or concrete batch plant, TEMPORARY UBR UBR * UBR * CRS * SPPR * SPA * SPR * UBR SRR * UBR SPR * UBR SP -R* 81 Borrow pits, TEMPORARY UBR 48R * UBR * UBR* UBR* UBR* 82 Open MINING and processing of minerals (See 23-4-250.) USR USA * USR * USR* USR* USR* USR" USR USR 83 Any USE of a research, repairing, manufacturing, fabricating, processing, assembling or storage nature. S?R', 84 Any USE of a research, repairing, manufacturing, fabricating, processing, assembling or storage nature, provided any USE conducted outside of an ENCLOSED building is SCREENED from ADJACENT public rights -of -way and ADJACENT properties. SPR* SPR NA eip'�e 85 Any indoor USE of a manufacturing, fabricating, assembling, or warehouse nature. * SPR NA NA 86 RESEARCH LABORATORIES USR USR * IJSR * 1d -SR- * USR USR SPR 4J3 -R- `. 87 HEAVY MANUFACTURING - PROCESSING (Revised definition) 14S - R* k1SR * U tisk, -SR* 88 PETROLEUM REFINERIES USP, 89 Solid waste disposal sites and facilities requiring Certificate of Designation (See 23-4-380, 12-8-10) and MAJOR FACILITIES OF PUBLIC UTILITIES OR PUBLIC AGENCIES (23-2-300). USR R * USR * USR* USR' ` 90 Coal gasification facility USA * 1JSR * USIA * �■ USR USR 91 County grader shed UBR UBR UBR UBR SPR * UBR SPR * UBR S---° 92 SOLAR FACILITY, MEDIUM SCALE (See 23-4-1030.) USR USR USR - USR USR USR 93 SOLAR FACILITY, SMALL SCALE (See 23-4-1030.) USR USR USR SPR SPR SPR 94 WIND GENERATORS (See 23-4-450.) ACC/ZPWG/ USR ACC/ZPWG/ USR ACC/ZPWG/ USR ACC (SPR)/ ZPWG/USR ACC (SPR)/ ZPWG/USR ACC (SPR)/ ZPWG/USR ACC (SPR)/ ZPWG/USR ACC (SPR)/ ZPWG/USR ACC (SPR)/ ZPWG/USR ACC(SPR)% ZPWG/USR ACC/ZPWG/ USR ACC/ZPWG/ USR ACC/ZPWG/ USR ACC/ZPWG) USR ACC/ZPWG/ USR ACC/ZPWG/ USR * Change from current code ACC = Accessory Use EH = Environment Health Department LAP = Location Assessment for Pipeline NA = Not applicable SPR = Site Plan Review TAP = Temporary Assembly Permit TSU = Temporary Seasonal Use UBR = Use by Right USR = Use by Special Review WOGLA = Weld Oil & Gas Location Assessment ZPAG = Zoning Permit for certain uses in the A zone ZPAS = ZP for accessory storage semi -trailer ZPCV = ZP for commercial vehicle ZPHB = ZP for class II home occupation ZPHO = ZP for class I home occupation ZPMH = ZP for manufactured homes (See Div. 3 of Art. IV) ZPNCT = ZP for noncommercial tower ZPTT = ZP for telecommunications tower ZPWG = ZP for wind generator A = Agricultural C = Commercial I = Industrial R = Residential E = Estate Land Use Table 6/ao/1g This table is for reference only. Please refer to Ordinance 2029-02 for the actual regulations. Page 3of3 Use A Ag Subdivisions (after 1961) Ag Townsites (pre -1961) C-1 C-2 �-3 C-4 1-1 il-2 1-3 R-1 R-2 R-3 R-4 R -S E 95 OIL AND GAS FACILITIES WOGLA WOGLA WOGLA WOGLA WOGLA WOGLA WOGLA' ; ` WOGLA WOGLA* WOGLA WOGLA WOGLA WOGLA * WOG LA * WOGLA'F WOGLA 96 PIPELINES, PETROLEUM LAP LAP LAP LAP LAP LAP LAP LAP LAP. . LAP ° LAP LAP LAP LAP LAP LAP 97 PIPELINES, DOMESTIC WATER USR USR USR USR USR USR US P. USR USR ; USR:" USR USR USR USR USR USR 98 TELECOM TOWERS <35' (See 23-4-800 et seq.) UBR UBR UBR UBR UBR UBR UBR UBR UBR I • Uk1R. 99 TELECOM TOWERS 35-75' (See 23-4-800 et seq.) ZPTT ZPTT ZPTT ZPTT ZPTT ZPTT 2PTT ZPTT ZPTT ZPTT 100 TELECOM TOWERS >70' (See 23-4-800 et seq.) USR USRUSR USR USR USR USR I USR USR USR 101 NONCOMMERCIAL TOWERS <40' (See 23-4-895 & Apx. F.) UBR UBR UBR UBR UBR A UBR UBR ;' 1.1BRs < UBR UBR UBR UBR LIEF? UBR 102 NONCOMMERCIAL TOWERS 40-70' (See 23-4-895 & Apx. F.) UBR ZPNCT ZPNCT ZPNCT , ZPNCT ZPNCT ZPNCT ' ZPNCT ZPNCT ZPNCT ZPNCT ZPNCT ZPNCT ZPNCT 103 NONCOMMERCIAL TOWERS 70-130' (See 23-4-895 & Apx. F.) ZPNCT ZPNCTZPNCT 104 NONCOMMERCIAL TOWERS >130 USR USRUSR 105 UTILITY SERVICE FACILITIES UBR UBR UBR UBR UBR UBR UBR UBR UBR UBR UBR UBR LIAR UBR 106 OUTDOOR STORAGE of PUBLIC utility -related equipment USR USR SPR a SPR * SPR 107 CORRECTIONAL FACILITIES USR USR * I USR USR USR' 108 CEMETERIES USR USR USR USR k1 * ;1t...,. * USR USR USR USR USA 109 CHURCHES USR USRUSR SPR SPR * SPR ,* USR USR SPR * SRO, * SPR's ' SPR UBR * SPR 1JRR * SPR 4JBR * SPR UBR* SPA 4 SPR UBR 110 HOSPITALS, nursing homes, rehabilitation centers SPR SPR SPR USR USR USR USR USR USR * 111 Police, Ambulance, and Fire Stations or facilities UBR ii&R SPR SPR SPI•'. J SPR SPR SPR SPR' ` SPR UBR * SPR 1 * SPR UBR * SPR1-14R SPA 4 SPR UBR * 112 COMMUNITY BUILDINGS (New definition) ZPAG SPR SPR * SPR " : • ' SPR* SPR* SPR* SPR* SPRY" 113 SCHOOLS, private USR I�BR * USR UBR * •' ' • SPR - SPP, J SPR SPR USR * SPR UM * SPR., * SPR d: * SPA u- < SPR USR * 114 SCHOOLS, PUBLIC UBR UBR UBR UBR UBR ''• UBR a UBR * UBR•s UBR * UBR * UBR x, UBR "' USR' UBR 115 FOSTER CARE HOMES (Revised definition) UBR UBR :' UBR UBR UBR UBR UBR UBR 116 GROUP HOME FACILITIES (Revised definition) UBR UBRUBR UBR UBR UBR UBR UBR UBR * 117 RESIDENTIAL THERAPEUTIC CENTERS USR USRUSR USR USR USA USA USR USR USR USR USK 118 BED AND BREAKFAST FACILITIES ZPAG USR* USR * _ 119 DWELLING UNIT, 1 (SINGLE-FAMILY) (Revised definition UBR UBR UBR UBR UBR UBR UBR 120 DWELLING UNIT, accessory enclosed within principal commercial building • • ACC (SPR) ACC (SPR) 121 DWELLING UNIT, second SINGLE-FAMILY (See 23-4-630.) ' _ 122 DWELLING UNITS, 2 (DUPLEX) (Revised definition) I. ' UBR UBR UBR USA " 123 DWELLING UNITS, 3+ (MULTI -FAMILY) (Revised definition) SPR (<7 units) SPR 124 TEMPORARY DWELLING UNIT during construction (includes RECREATIONAL VEHICLES) (See 23-4-ZPMH 130.) ZPMH ZPMH 125 TEMPORARY storage of unoccupied MANUFACTURED HOME (See 23-4-160.) ZPMH ZPMH ZPMH 126 Annual ACCESSORY MANUFACTURED HOME during medical hardship (See 23-4-180.) ZPMH ZPMH ZPMH 127 TEMPORARY MANUFACTURED STRUCTURE OFFICE (See 23-4-190.) ZPMH ZPMH ZPMH 128 DWELLING UNIT, MANUFACTURED HOME in Ag Zone for farming, ranching or gardening employee, or caretaker or security personnel. (See 23-4-170.) ZPMH ZPMH ZPMHNA NA NA NA NA NA NA: ; NA NA NA NA NA NA 129 DWELLING UNIT, MANUFACTURED HOME in C or I Zone for proprietor, employees, caretakers or security personnel (See 23-4-220.) NA NA NAZPMH ZPMH ZPMH ZPMH ZPMH ZPMH ZPMH;.. . NA NA NA NA NA NA 130 DWELLING UNITS, MULTI -FAMILY for employees USR * USR 131 AUXILIARY QUARTERS (Revised definition) UBR UBR UBR NA NA NA NA NA NA "' NA'. UBR * 132 ACCESSORY BUILDINGS >4% GFA of lot area NA USR USR NA NA NA J NA NA NA NA USR USR USR USR USA USR 133 USES similar to the USES listed as permitted as long as the USE complies with the general intent of the Zone District USR USR USR USR USR USA USR USR USR USA; USR USR USR USR USR USR * Change from current code WORDS IN ALL CAPS ARE DEFINED IN 23-1-9o. ACC = Accessory Use EH = Environment Health Department LAP = Location Assessment for Pipeline NA = Not applicable SPR = Site Plan Review TAP = Temporary Assembly Permit TSU = Temporary Seasonal Use UBR = Use by Right USR = Use by Special Review WOGLA = Weld Oil & Gas Location Assessment ZPAG = Zoning Permit for certain uses in the A zone ZPAS = ZP for accessory storage semi -trailer ZPCV = ZP for commercial vehicle ZPHB = ZP for class II home occupation ZPHO = ZP for class I home occupation ZPMH = ZP for manufactured homes (See Div. 3 of Art. IV) ZPNCT = ZP for noncommercial tower ZPTT = ZP for telecommunications tower ZPWG = ZP for wind generator Zone Districts: A = Agricultural C = Commercial I = Industrial R = Residential E = Estate MEMORANDUM TO: BOARD OF COUNTY COMMISSIONERS FROM: TOM PARKO, JR., DIRECTOR OF PLANNING JIM FLESHER, LONG-RANGE PLANNER DATE: JUNE 6, 2019 RE: ORDINANCE 2019-02, SECOND READING Based on Board worksessions held on May 13, 22, and 28, staff presents the following revisions to the ordinance on second reading. 1. Solar facilities. The definitions of small- and medium -scale solar facilities would be revised to limit small-scale facilities to two (2) megawatts or 20 acres. Medium -scale would be between two (2) and 30 megawatts or over 20 acres. Small-scale solar would be allowed by USR in the Agricultural and C-3 zones and by SPR in the Industrial zones. Medium -scale solar would be allowed by USR in the C-3 and I-1 zones and by SPR in the I-2 and 1-3 zones. Medium -scale would no longer be allowed in the Ag Zone. There are no proposed changes to large-scale solar, which is regulated under Chapter 21. 2. Batch plants. Permanent asphalt and concrete batch plants would be allowed by USR in the 1-2 zone and by SPR in the 1-3 zone. Temporary batch plants for an on -site construction project or the completion of a public road improvements project where the subject property is at, on, or near the road on which the improvements are being made would be allowed by right in the Agricultural zone outside of subdivisions and townsites and in Industrial zones. 3. Commercial vehicles. The provision allowing USRs for more than the allowed number of commercial vehicles in the Ag zone would removed and a provision to allow up to nine (9) commercial vehicles for uses by zoning permit in the Ag zone (ZPAGs) would be added. 4. Accessory outdoor storage. A provision to allow `OUTDOOR STORAGE of materials accessory to an allowed USE/ as long as the materials are SCREENED from ADJACENT LOTS and RIGHTS -OF -WAY" would be added to the Agricultural zone. 5. Other. Staff also proposes some minor revisions including moving auxiliary quarters from the sections containing uses by right to the sections on uses by permit because they require completion of a certificate of compliance to ensure they comply with the definition. These changes are of a clerical or typographical nature. Third and final reading is scheduled for July 10, 2019. c2o/9- /l// -D 5/30/19 Page 1 of 8 Summary of Changes Proposed in Ordinance 2019-02 (subject to change) CHAPTER 14 - Health and Animals, ARTICLE IV - Animals Sec. 14-4-20. - Failure to control. This section needs to be amended because Chapter 23 will include a provision for obtaining a zoning permit for more than the allowed number of domestic animals under certain circumstances. CHAPTER 23 - Zoning Defined terms are in all capital letters in Chapter 23. Many sections contain what staff considers to be minor changes, such as changing defined words in lower-case to all capitals. Sections with only minor changes are not listed below. ARTICLE I - General Provisions Sec. 23-1-10 through Sec. 23-1-80. Removing outdated provisions and making other minor changes. Sec. 23-1-90. - Definitions. 1. All definitions in Chapter 23 will be consolidated into this section rather than appearing in separate parts of the chapter. 2. There are several new defined terms being added as well: Agricultural Production, Agritainment, Agritourism, Buildable Lot, Car Wash, Commercial Storage Buildings, Community Buildings, Family Child Care Home, Distribution Center, Event Facility, Gardening, Heliport, Hunting Lodge, Landscaping Companies, Lot Coverage, Lumberyard/Woodworking, Meat Processing, Organic Fertilizer Production/Composting Facility, Outlot, Pet Crematory, Retail/Service Establishment, Right -Of -Way, Subdivision, and Truck Washout Facilities. 3. Several of the existing defined terms aren't used in Chapter 23, so they are being deleted from this section. 4. Several existing definitions are being revised. Please refer to the ordinance for the changes. ARTICLE II - Procedures and Permits Division 1 - Amendments to Zoning Map Sec. 23-2-10. - Amendment procedures. 5. In order to apply for a rezoning, the property will have to meet the definition of "legal lot" or be at least 35 acres in size. 6. The Planning Commission does not initiate rezonings, so that is being removed. Sec. 23-2-20. - Duties of Department of Planning Services. 7. For this and several other sections, the list of referral agencies will be moved to an appendix. 8. The notice requirements for the Planning Commission (PC) and Board of County Commissioners (BOCC) hearings will be combined. Sec. 23-2-40. - Duties of Board of County Commissioners. 1. Removing the notice requirements that are being moved to 23-2-20. 2. Repealing obsolete provision about adopting the zoning map annually. The zoning map is digital now. 3. Repealing a provision about intergovernmental agreements with municipalities. IGAs are in Chapter 19. 5/30/19 Page 2 of 8 Sec. 23-2-50. - Application requirements for Change of Zone. 1. Repealing a provision that allows the surveyed Change of Zone (COZ) plat to be submitted after the PC hearing. 2. Combining current requirements for two separate maps into one. 3. Updating language to require the draft plat to be submitted electronically (.pdf). 4. Adding a provision to state a Site Plan Review (SPR) or Use by Special Review (USR) can be submitted concurrently with or prior to approval of a Change of Zone application. Sec. 23-2-60. - Effective date of approved amendments. Adding a provision stating the COZ plat must be recorded prior to issuance of building permits or commencement of operations to codify current practice. Division 2 - Amendments to Chapter Text Combining notification of PC and BOCC hearings and other minor changes. Division 3 - Site Plan Review Sec. 23-2-150. - Intent and applicability. 1. Removing SPRs for duplexes. Lists of uses requiring SPR for each district are in Article Ill. 2. Adding standard language about delegation of authority and referrals. Sec. 23-2-160. - Application requirements for site plan review. 1. Removing language regarding duplexes. 2. Updating language for traffic information and access. 3. Removing language that implies parking and fences cannot be in setbacks. 4. Having parking requirements and stormwater requirements refer to those sections of code. 5. Removing section referring to the A-1 zone district since it is being repealed. 6. Moving language regarding landscaping to have it shown on the site plan map, rather than a separate map. Sec. 23-2-170. - Changes and termination of use. Adding language about site plans expiring if the use is discontinued for 3 years. Sec. 23-2-175. - Corrections, approval and recording of the site plan review map. Clarifying process for reviewing and recording Site Plan Review maps. Sec. 23-2-180. - Rescission Enforcement procedures Adding procedure for revoking approval of a Site Plan Review if a site is not developed or maintained in compliance with the Site Plan Review. Division 4 - Uses by Special Review Sec. 23-2-200. - Intent and applicability. Making more explicit the requirement that the application be for a legal lot and other minor changes. Sec. 23-2-210. - Duties of Department of Planning Services. Similar changes as previously mentioned (list of referral agencies in appendix, notice requirements combined). Sec. 23-2-240. - Design standards. Similar changes as to SPRs (access, traffic, etc.). 5/30/19 Page 3 of 8 Sec. 23-2-260. - Application requirements. Similar changes as to SPRs and other minor changes. Sec. 23-2-280. - Changes to a Special Review Permit. Adding standard language about recording of map. Sec. 23-2-285. - Minor amendments. 1. Similar changes as earlier (standard language about referrals, notice, recording of map, etc.) and other minor changes. 2. The map requirements will be the same as other USRs, rather than being listed separately. Sec. 23-2-290. - Termination of use. Removing language about administratively vacating USRs with the permission of the property owner. Staff will take them to the BOCC for official action. Division 5 - Special Review Permits for Major Facilities of Public Utility or Public Agency Sec. 23-2-300. - Applicability. Moving language about recording plats and maps to later sections. Sec. 23-2-330. - Duties of Department of Planning Services. 1. Similar changes as previously mentioned (list of referral agencies in appendix, notice requirements combined). 2. Removing language about a separate notice with map being published in the newspaper. The maps can be found on our website. Sec. 23-2-380. - Drawing requirements for facilities plan maps plats. Moving language about recording facilities plan plats here. (These require surveys.) Sec. 23-2-390. - Drawing requirements for utility line plan maps. Moving language about recording utility line maps here. (These do not require surveys.) Sec. 23-2-400. - Standards. Moving language about applicants needing to demonstrate the need for the facility to here from Section 23-4- 420. Division 6 - Use by Special Review Permits for PIPELINE - DOMESTIC WATER Sec. 23-2-470. - Duties of department of planning services. 1. The list of referral agencies will be moved to an appendix rather than listed for each land use case type. 2. The notice requirements for the PC and BOCC hearings will be combined. Division 7 - Repealing entire division. See also Article V. Division 8 - o. n..®a,o es a d Re uirnm ents of ®1 II1 Ili t iGt Repealing entire division. See also Article Ill, Division 6. ARTICLE III - Zone Districts 1. Please also refer to the land use table. 2. Uses requiring a permit or Site Plan approval will be listed separately from uses by right and all uses will be listed alphabetically. 5/30/19 Page 4 of 8 3. Intent statements will be updated. 4. The design standards will be removed from the Commercial and Industrial sections since they are also in the Site Plan section in Article II. 5. The language for oil and gas setbacks will be standardized for all districts and clarify it relates to occupied structures, so as to exclude fences and the like. The distances will not change. Division 1 - A (Agricultural) Zone District Uses allowed in the Ag zone outside of subdivisions and historic townsites will be separated from those allowed in subdivisions and townsites. Sec. 23-3-20. Uses allowed by right outside of subdivisions and historic townsites. 1. Amendment for second reading: temporary batch plants for road construction will need to be located at, on, or near the road. (5/13/19) 2. Auxiliary quarters will be moved to the section on uses by permit (23-3-35), since they require approval of a certificate of compliance form. (5/30/19) 3. Refer to the land use table for other uses. Sec. 23-3-30. Accessory uses outside of subdivisions and historic townsites. A provision for limited outdoor storage associated with an allowed use and screened from adjacent properties and roads was added. (5/28/19) 23-3-35. - Uses allowed by permit outside of subdivisions and historic townsites. 1. Auxiliary quarters moved here from uses by right. (5/30/19) 2. Small scale solar facilities moved to Uses by Special Review (23-3-40). See also the change to the definition in Sec. 23-1-90 of the ordinance. (5/22/19) Sec. 23-3-40. - Uses by special review outside of subdivisions and historic townsites. 1. The Ag zone will no longer contain the provision that any use allowed in the Commercial and Industrial zones can be approved by USR in the Ag zone. 2. The Ag zone will no longer allow medium scale solar facilities. (5/22/19) 3. Small scale solar facilities moved here from uses by permit for second reading. (5/22/19) 4. The Ag zone will no longer allow permanent batch plants. (5/28/19) 5. The Ag zone will no longer contain a provision for obtaining a USR for more than the allowed number of commercial vehicles. (5/28/19) Sec. 23-3-60. - Uses by special review in subdivisions. " °� (Concentrteted ".,imal) Zone District The A-1 zone is being repealed. Sec. 23-3-70. - Bulk requirements. 1. The minimum lot size is being clarified. Currently it is 80 acres, but recorded exemption and subdivision exemption lots are often smaller than that. The new language will state lots can be less than 80 acres if they are approved through Chapter 24 of the Code. 2. The language for oil and gas setbacks will be standardized for all districts and clarify it relates to occupied structures, so as to exclude fences and the like. The distances will not change. 5/30/19 Page 5 of 8 Division 2 - Residential Zone Districts Sec. 23-3-105. - Water and sewer requirements. Adding a new section with the language requiring public water and sewer in the residential districts moved from after the uses. Sec. 23-3-140. - R-4 (High -Density Residential) Zone District. This zone is being phased out by not allowing any new rezonings to R-4 after the effective date of this ordinance. This zone allows an unlimited number of dwelling units in multifamily buildings. Only one area of the County is zoned R-4. Sec. 23-3-150. - R-5 (Mobile Manufactured Home Residential) Zone District. 1. Duplexes are being added to this zone. 2. Since the term "mobile home" is being removed throughout the chapter, this zone will essentially be the same as the R-2 zone. Sec. 23-3-160. - Bulk requirements. 1. The tables will be combined since "mobile homes" are being removed. 2. Minimum lot area per structure is being deleted because it has no effect. The minimum lot size and minimum lot area per dwelling unit control the lot size. 3. A provision regarding zero offsets for attached units that are on separate lots is being added. Sec. 23-3-170. - Farming of undeveloped land. This section is being added to address farming undeveloped land where farming is not listed as an allowed use. Division 3 - Commercial Zone Districts Sec. 23-3-240. - C-4 (Highway Commercial) Zone District. This zone is being phased out by not allowing any new rezonings to C-4 after the effective date of this ordinance. Division 5 - E (Estate) Zone District Sec. 23-3-405. - Water and sewer requirements. This is a new section where the requirement for public water and adequate sewer will be moved, instead of having it after uses. Division 6 - PUD (Planned Unit Development) District Sec. 23-3-500 through 23-3-550 These old PUD sections will be repealed and replaced with the following one. ARTICLE IV - Supplementary District Regulations and Zoning Permits Division 1 - Off -Street Parking and Loading Requirements Sec. 23-4-20. - Location of off-street parking areas. Adding language that parking areas cannot be located in right-of-way, but clarifying parking can be in setbacks and offsets. Sec. 23-4-30. - Design and construction of off-street parking spaces. 1. Cleaning up conflicting language about parking lot surfaces. Uses requiring approval of a Site Plan require paved parking. (Moved from C & I standards.) 2. Uses requiring approval of a Site Plan require parking lot screening from public rights -of -way and adjacent properties zoned R. (Moved from C & I standards.) 5/30/19 Page 6of8 Sec. 23-4-5t - Off-street ding ruired. 1. Uses requiring approval of a Site Plan will require paved loading areas. (Moved from C & I standards.) 2. Loading areas in C & I zones shall be screened from public rights -of -way and adjacent properties zoned R. Division 3 M nufactured homes, manufa tured stru tures, and occupied recreational vehicles. Sec. 23-4-130. errn it require x.., ents. Chapter 23 will no longer refer to "mobile homes." This section will be updated to reflect that and include other minor changes. Se:, 23-4-160. - Temporary use during construction of residence. Adding a provision stating that these structures cannot be on permanent foundations and other minor changes. Sec. 23-4-160. - Temporary st•.ra e of i unoccupied manufactured h mesa Adding a provision stating that these structures cannot be on permanent foundations and other minor changes. Sec. 23-4-170. m Temporary Annual accessory farming use. 1. Cleaning up language referring to temporary use, which is defined as being up to six months, whereas the permit can be "revalidated on an annual basis." 2. Adding a provision including "caretakers or security personnel" in this use. 3. Adding a provision stating that these structures cannot be on permanent foundations. Sec. 234-190. - Temporary accessory use as office. 1. Removing the redundant "construction trailer" language. 2. Adding a provision stating that these structures cannot be on permanent foundations. Division 5 - Supplementary Regulations for Certain Uses S •c. 23-4=350m m Livest•yck confinement operations. Moving requirements from a section on Site Plans for LCOs here and other minor changes. Sec. 23-4-360. mvm Organic fertilizer production an cornpo}ting fai9itieso Changing the name of this section to reflect the new defined use. Sec. 23-4-410. - Drive-in theaters. This section and use will be deleted. Division 6 Generators and ermitting Requirements Adding a section with standard language about the process for notification and appeal and other minor changes. Divisi n m Second Single -Family Dwelling in the A (Agricultural) Zone District Se 2394600 through Sec. 23-4-620 These sections will be repealed and replaced with the following one. There will no longer be requirements regarding the second home being only for family members or caretakers. Sec. 23®4=630. - 'equirements for a second single-family dwelling. This new section will state the lot must be at least two and one-half acres, the second home must have a permanent foundation, and refers to the appropriate sections for processing approvals. 5/30/19 Page 7 of 8 Division 12 - Parking and Operation of Commercial Vehicles Sec. 23-4-950. - Intent and applicability. Reordering section similar to other sections and adding a provision that requires the lot to be at least one acre. Sec. 23-4-960. - Commercial vehicle permit requirements. Adding a provision requiring current registration and plates and other minor changes. Division 13 - Home Occupation Class II Permits 1. Adding standard language about the BOCC delegating authority for approval to the Department of Planning Services. 2. Moving regulations from definitions to here. 3. Including Class I permits. Division 16 - Cargo containers 4. This is a new division to move regulations out of the definitions to here. 5. Adding a provision that the cargo containers cannot be stacked. 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. This is a new division containing the zoning permit process for all the uses moving from USR to zoning permit and will contain the criteria for approval. Sec. 23-4-1210. - Operation standards. 1. This section will have the standards copied from the USR section (noise, air quality, etc.). 2. Up to 9 commercial vehicles associated with the use will be allowed. (5/28/19) Sec. 23-4-1220. - Zoning permit application requirements. Application requirements including a zoning permit plan that will be recorded. Sec. 23-4-1230. - Notification and appeal of denial. 1. Staff will send the referral to referral agencies and notify property owners within 500 feet that they can object to issuing the zoning permit. If they object they must give a reason. The applicant will be given the opportunity to address concerns. 2. If staff feels the concerns are not addressed or the applicant objects to staff conditions, a public hearing before the BOCC will be scheduled. Sec. 23-4-1240. - Conditions, enforcement, and revocation of zoning permit. 1. Staff may place conditions on approval. 2. Use must commence within three years or the applicant will have to reapply. 3. The BOCC may revoke a zoning permit after a show cause hearing in accordance with the process in Chapter 2. 4. Uses that are discontinued for three years will have to be reapplied for. 5. Minor amendments (less than 10% increase in impervious area or amount of traffic) may be approved without notification. 6. USRs that are now zoning permit uses and were previously approved may continue without obtaining a zoning permit and may have minor amendments approved as mentioned above. 5/30/19 Page 8 of 8 ARTICLE V - Overlay Districts Division 2 - Geologic Hazard Overlay District Rather than requiring a Geologic Hazard Permit, the applicant will need to provide a report from an engineer testifying that the design is appropriate for the conditions. Other minor changes. ARTICLE VII - Nonconforming Lots, Uses and Structures The section on nonconforming lots will be repealed. The changes to the definition of LEGAL LOT and the minimum lot size in the Ag zone make it obsolete. Appendix 23-G - List of Referral Agencies This new appendix will list the referral agencies. It is not intended to be all-inclusive. (Staff may send referrals to agencies not on the list). CHAPTER 29 - Building Regulations Updating definitions of "manufactured home" and "factory -built (modular) home" similar to updates to Chapter 23. Removing occurrences of "mobile home" similar to updates to Chapter 23. Land Use Table 6/6/1g This table is for reference only. Please refer to Ordinance 2019-02 for the actual regulations. Page of Use A Ag Subdivisions (after 1961) Ag Townsites (pre 3961) C-1 C-2 C-3 C-4 I-1 1-2 1-3 R-4 R -S R-1 R-2 R-3 E 1 FARMING (includes ranching and gardening) (Revised definition) UBR UBR UBR ACC * 2 GARDENING (includes community gardens) (See new definition.) UBR UBR UBR UBR UBR UBR UBR UBR UBR 3 AGRICULTURAL PRODUCTION (See new definition.) ZPAG USR * USR USR SPR * SPR * SPR * SPA * 4 Water tanks, ag-related tanks UBR* UBR* UBR* 5 TEMPORARY seasonal USES - fireworks, fruit stands, Christmas trees TSU TSU TSU TSU TSU TSU TSU TSU TSU TSU 6 Grain, seed, feed, and fertilizer retail and wholesale sales ZPAG USR' USR USR SPR * SPR * SPR' SPR " SPR * SPR * SPR * ANIMAL BOARDING and TRAINING FACILITIES (revised definitions), <60 trips, does not exceed animal units in bulk requirements UBR UBR UBR ACC 8 ANIMAL BOARDING and TRAINING FACILITIES, 60+ trips/day, excess animal units USR USR USR 9 KENNELS (See 23-4-400.) (Revised definition) USR USR USR USR ' USR * SPR ' 10 Keeping 5 to 8 HOUSEHOLD PETS of 1 species or 8 to 16 of multiple species ZPAG ZPAG ZPAG 11 LIVESTOCK CONFINEMENT OPERATIONS (See 23-4-350.) (Revised definition) USR _ 12 ORGANIC FERTILIZER PRODUCTION/COMPOSTING FACILITIES (See Grain, seed, and feed for fertilizer sales.) (See also 23-4-360 for storage and sale.) (Formerly Animal waste recycling and processing.) (New definition) USR USR USR SPA * SPR * 13 LIVESTOCK salebarns ZPAG USR * USR USR 14 BIOSOLID disposal EH permit ;er i44-frefo+4' SPR * SPR 15 DOMESTIC SEPTAGE disposal EH permit USR ;�permi 41 USR �t * U USR SFR * SPR SPR 16 EXOTIC ANIMALS USR USR USR Usk 17 AGRITAINMENT, ag-related EVENT FACILITIES, AGRITOURISM, HUNTING LODGES (new definitions) ZPAG USR' ZPAG USR * ZPAG USR' 18 EVENT FACILITIES (not ag-related) (See new definition.) USR* USR' USR' SPR ' SPA * SPR * 19 FISHING and noncommercial WATER SKIING UBR ACC * UBR ACC ' UBR ACC * UBR' UBR' UBR' UBR` UBR* UBR' 20 CAMPING and HUNTING UBR ACC * UBR ACC • UBR ACC * 21 CAMPGROUNDS (Revised definition) USR USR USR 22 Golf courses ZPAG USR * ZPAG USR * ZPAG USR * USR * SPR ' SPR ' SPR * SPR * SPR * SPR * SPR ' SPR * SPR * 23 PUBLIC parks UBR UBR UBR UBR ' UBR * UBR ` UBR * UBR * UBR * UBR ` UBR UBR UBR UBR UBR UBR 24 RACING FACILITIES (See new definition.) USR SPR * SPA ' 25 Rodeos, COMMERCIAL and roping arenas, COMMERCIAL USR USR USR 26 RECREATION FACILITIES, COMMERCIAL (Revised definition) USR USR USR USR * SPR * SPA * SPR ACC * ACC (SPR) ACC (SPR) 27 RECREATION FACILITIES, PUBLIC, PRIVATE ZPAG USR' ZPAG USR * ZPAG USR * SPR ' SPR ' SPR ' SPR ACC • ACC (SPR) ACC (SPR) SPR ' SPR ' SPR ' SPR * SPR ' SPR * 28 SHOOTING RANGES, INDOOR ZPAG USR * ZPAG USR * ZPAG USR * SPA ' SPR * SPR ' SPA 29 SHOOTING RANGES, OUTDOOR (See 23-4-370.) WAG USR * ZPAG USR * ZPAG USR * 30 THEATERS or convention halls SPR SPR 31 Medical marijuana, limited to 1 caregiver ACC ACC ACC 4 32 HOME BUSINESS (Revised definition) USR USR USR USR 33 HOME OCCUPATIONS, Class I (See 23-4-990.) (Revised definition) ZPHO ZPHO ZPHO ZPHO ZPHO ZPHO ZPHO ZPHO ZPHO 34 HOME OCCUPATIONS, Class II, (See 23-4-990.) (Revised definition) ZPHB ZPHB ZPHB ZPHB 35 CHILD CARE CENTERS (Revised definition) USR USR USR SPR SPR ` SPR ' USR USA USA USR USA USR 36 SCHOOLS, COMMERCIAL (Revised definition) USR* SPR SPA " SPR * SPR USR USR 37 HOTELS/MOTELS USR* USR * SPR SPR * SPR SPR * 38 FUNERAL HOMES or mortuaries USR* SPR SPR * SPR * 39 NIGHTCLUBS, BARS, LOUNGES or TAVERNS USR* SPR * SPR SPR ' 40 BREW PUB (retail, <1,860,000 gallons/year) (Revised definition) ZPAG USR * ZPAG USR * ZPAG USR * SPR SPR SPR SPR SPR * r 41 BREWERY, DISTILLERY, or WINERY (Revised definitions) ZPAG USR * ZPAG USR * ZPAG USR * SPR * SPR * SPA " SPA 42 RESTAURANTS (Revised definition) USR* USR' SPR * SPR SPR * SPR SPR * 43 Veterinary clinics or animal hospitals ZPAG 4:414* ZPAG USR * ZPAG USR * USR SPR SPR SPR 44 OFFICES ACC ACC ACC SPR ' SPR SPR SPR ACC * SPR ACC * SPA ACC ' 45 Farm equipment sales, repair and installation facilities ZPAG USR * ZPAG USR * ZPAG USR * SPR * SPR * SPR * SPR * SPR * 46 RETAIL/SERVICE<3,000 SF GROSS FLOOR AREA (See new definition.) USR' SPR SPR SPR SPR SPR * SPR * SPR ' 47 RETAIL/SERVICE 3,000 - 20,000 SF GROSS FLOOR AREA (See new definition.) USR` SPR * SPR * 48 RETAIL/SERVICE>20,000 SF GROSS FLOOR AREA (See new definition.) USR* SPA 49 ADULT BUSINESS, SERVICE or ENTERTAINMENT (See 23-9-10.) (Revised definition) SPR * SPR * SPR * * Change from current code ACC = Accessory Use EH = Environment Health Department LAP = Location Assessment for Pipeline NA = Not applicable SPR = Site Plan Review TAP = Temporary WOGLA = Weld Oil & Gas Location Assessment ZPAG = Zoning Permit for certain uses in the A zone ZPAS = ZP for accessory storage semi -trailer ZPCV = ZP for commercial vehicle ZPHB = ZP for class ZPNCT = ZP for noncommercial tower ZPTT = ZP for telecommunications tower ZPWG = ZP for wind generator A = Agricultural C Assembly Permit TSU = Temporary Seasonal Use UBR = Use by Right USR = Use by Special Review II home occupation ZPHO = ZP for class I home occupation ZPMH = ZP for manufactured homes (See Div. 3 of Art. IV) = Commercial I = Industrial R = Residential E = Estate Land Use Table 6/6/19 This table is for reference only. Please refer to Ordinance 2019-02 for the actual regulations. Page 2 of 3 Use A Ag Subdivisions (after 1961) Ag Townsites (pre -1961) C-1 C-2 C-3 C-4 I-1 1-1 1-3 R-2 E R-1 R-3 R-4 R -S 50 CAR WASHES (new definition) & gas stations USR' SPR • SPR • SPR SPR SPR SPR SPR 51 WHOLESALE TRADE ESTABLISHMENTS SPR SPR • 52 CONTRACTOR'S SHOPS ZPAG • ZPAG * ZPAG • SPR' SPR • SPR SPR • SPR • SPR • 53 LUMBERYARDS/WOODWORKING (Sec new definition.) USR• USR' SPR SPR SPR • SPR • SPR • 54 VEHICLE RENTAL & SALES ESTABLISHMENTS SPR • SPR SPR ' SPR' 55 VEHICLE SERVICE/REPAIR ESTABLISHMENTS SPR. • SPR SPR SPR SPR 56 REPAIR SERVICE ESTABLISHMENT USR USR USR SPR SPR ACC (SPR) SPR SPR SPR 57 TRANSLOADING (Revised definition) USR USR' USR USR • SPA • SPR SPR 58 DISTRIBUTION CENTERS (formerly Warehousing and transfer facilities) (New definition) SPA SPR • SPR ' SPR • 59 Transportation.. • •• SPR • SPR • SPR • COMMERCIAL VEHICLES, parking of (See 23-4-950 for Ag & E.) Definition does not include farm 1 per lot >lac. 1 per lot ' • SPR ' SPR • 1 per lot ZPCV 61 LANDSCAPING• •'• SPR • 62 TRUCK WASHOUT FACILITIES, COMMERCIAL (New definition) USR • SPR • 63 MEAT PROCESSING (New definition) USR • USR • SPR • 64 MEAT PROCESSING, CUSTOM (New definition) ZPAG 4441 ' USR SPR ' SPR * SPR • SPR • 65 PET CREMATORIES (New definition) SPR • 66 OUTDOOR STORAGE (Revised definition) ACC* ACC* ACC• SPR ACC (SPR) SPR SPR 67 COMMERCIAL STORAGE BUILDINGS (Mini -storage, Self -storage) (New definition) SPR • SPR • SPR • SPR • CARGO CONTAINERS (See 23-4-1100.) 2-5 per lot ACC 69 CARGO CONTAINERS, >tt allowed (See 23-4-1100.) USR USR USR 70 SEMI -TRAILERS as accessory storage (See 23-4-900.) (Revised definition) 2 per lot ACC 1 per lot ZPAS 1 per lot ZPAS ACC (SPR) • ACC (SPR) ACC (SPR) 71 SEMI -TRAILERS as accessory storage, >f$ allowed (See 23-4-900.) USR USR USR 73 NONCOMMERCIAL JUNKYARD ACC ACC ACC 74 Storage buildings, accessory to use by right, subject to guidelines ACC ACC ACC ACC (SPR) ACC (SPR) ACC (SPR) • ACC (SPR) NA NA NA AC( ACC ACC ACC ACC A(_ t. 75 AIRPORTS and AIRSTRIPS, including cropdusting operations ZPAG 4Mil • 14414 • USR SPR ' 76 accessory.. USR USR NA 44k • 77 HELIPORTS (New definition) USR• USR• PR' SPR • SPR • 78 OIL AND GAS STORAGE FACILITIES, and SUPPORT AND SERVICE USR id-Sf4 ' tc4R • SPR SPR 79 Asphalt or concrete batch plant, permanent 4414 • 44&14 • 444 • LiSR SPR444.14 • 80 Asphalt or concrete batch plant, TEMPORARY UBR ArJ-B-R • 4:411R '' Mak • Mak • Mak • &RR * UBR MIR • UBR MIR ' UBR Mak • 81 Borrow pits, TEMPORARY UBR 4=144g • laR • UBR• UBR' UBR• 82 Open MINING and processing of minerals (See 23-4-250.) USR USR' USA' USR USR - Any USE of a research, repairing, manufacturing, fabricating, processing, assembling or storage nature. SPR 84 Any USE of a research, repairing, manufacturing, fabricating, processing, assembling or storage nature, provided any USE conducted outside of an ENCLOSED building is SCREENED from ADJACENT public rights -of -way and ADJACENT properties. SPR NA 85 Any indoor USE of a manufacturing, fabricating, assembling, or warehouse nature. SPR NA NA : • RESEARCH LABORATORIES USR USR SPR' •444k 87 HEAVY MANUFACTURING - PROCESSING (Revised definition) UUSR • _ USR 88 PETROLEUM REFINERIES USR 89 Solid waste disposal sites and facilities requiring Certificate of Designation (See 23-4-380, 12-8-10) and MAJOR FACILITIES OF PUBLIC UTILITIES OR PUBLIC AGENCIES (23-2-300). USR USR' USR` 90 Coal gasification facility USR • •• USR •USR USR - 91 County grader shed UBR UBR UBR UBR SPR • UBR &RR-' UBR SPR • 92 SOLAR FACILITY, MEDIUM SCALE (See 23-4-1030.) (Revised definition) WA '' • USR SPR USR • SPR USR • 93 SOLAR FACILITY, SMALL SCALE (See 23-4-1030.) (Revised definition) USR SPR SPR SPR 94 WIND GENERATORS (See 23-4-450.) ACC/ZPWG/ USR • • • • • • • • ACC (SPR)/ , ZPWG/USR ACC (SPR)/ ZPWG/USR ACC (SPR)/ ZG/USR ACC/ZPWG/ USR ACC/ZPWG/ USR ACC/ZPWG/ USR ACC/ZPWG/ USR ACC/ZPWG/ USR ACC/ZPWG/ USR * Change from current code ACC = Accessory Use EH = Environment Health Department LAP = Location Assessment tor Pipeline NA -- Not applicable SPR = Site Plan Rev ew TAP = Temporary Assembly Permit T SU = 1 emporary Seasonal Use UBR = Use by Right USR = Use by Special Review WOGLA = Weld Oil & Gas Location Assessment ZPAG = Zoning Permit for certain uses in the A zone ZPAS = ZP for accessory storage semi -trailer ZPCV = ZP for commercial vehicle ZPHB = ZP for class II home occupation WHO = ZP for class I home occupation ZPMH = ZP for manufactured homes (See Div. 3 of Art. IV) ZPNCT = ZP for noncommercial tower ZPTT = ZP for telecommunications tower ZPWG = ZP for wind generator A = Agricultural C = Commercial I = Industrial R = Residential E = Estate Land Use Table 6/6/19 This table is for reference only. Please refer to Ordinance 2019-02 for the actual regulations. Page 3 of 3 95 96 Use OIL AND GAS FACILITIES PIPELINES, PETROLEUM Ag Subdivisions (after 1961) WOGLA - - R-4 WOGLA ' LAP F WOGLA LAP A Ag Townsites (pre 1961) C-1 C-2 C-3 C-4 I-1 1-2 1-3 R-1 R-2 R-3 R-5 WOGLA WOGLA WOGLA WOGLA LAP WOGLA ' LAP WOGLA' LAP _ WOGLA _ WOGLA' LAP WOGLA LAP WOGLA WOGLA 1 WOGLA ' LAP WOGLA ' LAP LAP LAP LAP LAP LAP LAP LAP 97 98 PIPELINES, DOMESTIC WATER TELECOM TOWERS <35' (See 23-4-800 et seq.) USR USR USR USR USR USR USR UBR USR USR USR UBR USR USR USR USR USR USR UBR UBR USA UBR UBR UBR UBR UBR 99 TELECOM TOWERS 35-75' (See 23-4-800 et seq.) ZPTT ZPTT ZPTT ZPTT ZPTT ZPTT ZPTT ZPTT ZPTT ZPTT 100 TELECOM TOWERS >70' (See 23-4-800 et seq.) USR USR USR USR USR USR USR USR USR USR 101 NONCOMMERCIAL TOWERS <40' (See 23-4-895 & Apt F.) UBR UBR UBR UBR UBR UBR UBR UBR UBR UBR UBR UBR UBR UBR UBR UBR 102 NONCOMMERCIAL TOWERS 40-70' (See 23-4-895 & Apx. F.) UBR USA UBR ZPNCT ZPNCT ZPNCT ZPNCT ZPNCT ZPNCT ZPNCT ZPNCT ZPNCT ZPNCT ZPNCT ZPNCT ZPNCT 103 NONCOMMERCIAL TOWERS 70-130' (See 23-4-895 & Apx. F.) ZPNCT ZPNCT ZPNCT 104 NONCOMMERCIAL TOWERS >130' USR USR USR 105 UTILITY SERVICE FACILITIES UBR UBR UBR UBR UBR UBR UBR UBR USA UBR UBR UBR UBR UBR UBR UBR 106 OUTDOOR STORAGE of PUBLIC utility related equipment USR USR USR SPR * SPR • SPR * 107 CORRECTIONAL FACILITIES USR USA • 14 -SR * USR USR USR 108 CEMETERIES USR USR USR USR USR USR USR ' 11SR • USA ' USR USR USR USR USR NSA ' 109 CHURCHES USR USR USR SPR • SPR • SPR • USR USR SPR' SPR • Sufi * SPR 44.844 • SPR USA • SPR i18R • SPR 118-8 ' SPR USA • SPR 4844 • 110 HOSPITALS, nursing homes, rehabilitation centers SPR ' SPR SPR A USR USR USR USR USR USR * 111 Police, Ambulance, and Fire Stations or facilities UBR USA • UBR • UBR USR' SPR SPR SPR SPR SPR SPR SPR444144 • SPR USA ' SPR 118R' SPR - SPR 1188 ' SPR UBR ' SPR UBR • 112 COMMUNITY BUILDINGS (New definition) ZPAG • ZPAG • ZPAG • SPR • SPR • SPR * SPA" SPA* SPA' SPA" SPR' 113 SCHOOLS, private USR 4188 • USR 488 • USR UBR • SPR SPR SPR SPA' SPR USR * SPR USA •1 SPR 4444* SPR USR ' SPR frIs,R * SPR 1158 • 114 115 116 SCHOOLS, PUBLIC FOSTER CARE HOMES (Revised definition) GROUP HOME FACILITIES (Revised definition) UBR UBR UBR UBR USA USA UBR • USA ' UBR • UBR • UBR' UBR UBR UBR • UBR UBR UBR ' UBR ' USA • UBR ' UBR UBR UBR UBR UBR UBR j UBR UBR UBR UBR * UBR USA UBR UBR 117 RESIDENTIAL THERAPEUTIC CENTERS USR USR USR USR USA USR USA USR USR USR USR USR 118 119 BED AND BREAKFAST FACILITIES DWELLING UNIT, 1 (SINGLE-FAMILY) (Revised definition) WAG USR' WAG USA a ZPAG 4458 ' USR ' UBR USR' UBR UBR UBR UBR UBR USA 120 DWELLING UNIT, accessory enclosed within principal commercial building ACC (SPR) ACC (SPA) ACC (SPR) 121 DWELLING UNIT, second SINGLE-FAMILY (See 23-4-630.) ZPAG/USR • USR USR 122 DWELLING UNITS, 2 (DUPLEX) (Revised definition) UBR UBR UBR UBP, 123 DWELLING UNITS, 3+ (MULTI -FAMILY) (Revised definition) SPR (<7 units) SPR 1 124 TEMPORARY DWELLING UNIT during construction (includes RECREATIONAL VEHICLES) (See 23-4- 130.) ZPMH ZPMH ZPMH 125 TEMPORARY storage of unoccupied MANUFACTURED HOME (See 23-4-160.) ZPMH ZPMH ZPMH 126 Annual ACCESSORY MANUFACTURED HOME during medical hardship (See 23-4-180.) ZPMH ZPMH ZPMH 127 TEMPORARY MANUFACTURED STRUCTURE OFFICE (See 23-4-190.) ZPMH ZPMH ZPMH 128 DWELLING UNIT, MANUFACTURED HOME in Ag Zone for farming, ranching or gardening employee, or caretaker or security personnel. (See 23-4-170.) ZPMH ZPMH ZPMH NA NA NA NA NA NA NA NA NA NA n �,NAN NA 129 DWELLING UNIT, MANUFACTURED HOME in C or I Zone for proprietor, employees, caretakers or security personnel (See 23-4-220.) NA NA NA ZPMH ZPMH ZPMH ZPMH ZPMH ZPMH ZPMH NA NA ' NA NA NA NA 130 DWELLING UNITS, MULTI -FAMILY for employees USR 44 -SR ' WA • 131 AUXILIARY QUARTERS (Revised definition) UBR UBR UBR NA NA NA NA NA NA NA UBR • 132 ACCESSORY BUILDINGS >4% GFA of lot area NA USR USR NA NA NA NA NA NA NA USA USR USR USR USR USR 133 USES similar to the USES listed as permitted as long as the USE complies with the general intent of the Zone District USA USR. USR USA USR USR USA USR USR USA USR USR USA USR USR USA * Change from current code WOGLA = Weld Oil & Gas Location Assessment WORDS IN ALL CAPS ARE DEFINED IN 23-1-90. ZPAG - Zoning Permit for certain uses in the A zone ACC = Accessory Use ZPAS = ZP for accessory storage semi -trailer EH = Environment Health Department ZPCV = ZP for commercial vehicle LAP = Location Assessment for Pipeline ZPHB = ZP for class II home occupation NA = Not applicable ZPHO = ZP for class I home occupation SPR = Site Plan Review ZPMH = ZP for manufactured homes (See Div. 3 of Art. IV) TAP = Temporary Assembly Permit ZPNCT = ZP for noncommercial tower TSU = Temporary Seasonal Use ZPTT = ZP for telecommunications tower UBR = Use by Right ZPWG = ZP for wind generator USR = Use by Special Review Zone Districts: A = Agricultural C = Commercial I = Industrial R = Residential E = Estate MEM R UN/ BOD OF COUNTY C l M1S 9 MFRS TOM PA, } JR., DIRECTOR OF PLANNING JIM FLESHER, LONG -RAN E PLANNER DATE: AY 22, 2019 RE: O DINA; CE 2019=02 (Z*NNG C DE) Following up on the May 13, 2019, worksession, staff would like to get the Board's feedback on 5 S me proposed amendments that will be presented on second reading on June 10, 2019. 1. Solar facilities. Attached please find excerpts from the Weld County Comprehensive Plan (Chapter 22 of the County Code), which contains Alternative Energy Policy 1.5: "Support the development and use of solar energy," a summary of current regulations on solar facilities in Chapter 23, and information on the regulations of other counties and a few municipalities. At the May 13, 2019, worksession the Board directed staff to remove solar facilities from the A (Agricultural) zone. Staff needs to confirm that was only in reilards to small- and medium - scale solar facilities. Large-scale facilities are currently allowed in all districts but require approval under Chapter 21, which is not being amended by this ordinance. Changing Chapter 21 would require a separate ordinance since it wasn't included in the coriginal ntic. We are also unsure about how to handle applications for solar facilities that are received prior to second reading, since they are allowed in the first reading version of the ordinance. (See item n umber 4 below.) I Trucking companies and commercial ehicles. "Parking of more than the number of COMMERCIAL VEHICLES allowed by right or by permit" is a USR in the Ag zone outside of subdivisions in the ordinance, which was the result :f a worksession held in October of last year. Is the Bt• and comfortable with allowing trucking companies to apply fir USRs under this provision? Also, the ordinance does not make any allowance for c mmercial vehicles for ag uses allowed by zoning permit (ZPAGs), which include landscaping companies and ther u ses that typically have commercial vehicles. Staff pro: uses ally}wing up t y f!nir cinertial vehicles for ZPAGs. (Up to twCVs are all wed for Class Dl H.me Occupations.) 3. Accessory outdoor storage. The ordinance as written makes no allowance for any outdoor stra.e in the Ag zone, even though "noncommercial junkyards" are allowed as accessory u ses and landscaping companies are ZPAGs (outside of subdivisions and townsites). Staff w• uld propose adding outdoor storage as allowed in the Ag zone accessory to a use by right r by permit. Is the Board amenable to such an amendment? 4. Pendin ordinance doctrine. The Board asked for information on applications received for u ses that would no longer be allowed under the ordinance. We need to split these up into three categories: preapplication meetings held within the past year for such uses, applications received but not yet deemed complete (for exapie, a drainage study may be missing or incomplete), and complete applications in process. Staff has come up with the following numbers for these cases: Preapps in the past year for USRs no longer allowed: Approximately 41 USR apps in completeness review for uses no longer allowed: Approximately 10 USRs in process for uses no longer allowed: Approximately 14 These numbers include solar facilities, which are allowed under the first reading version of the ordinance, and trucking companies, which staff was unsure about (see item number 2 above). Should one of the amendments proposed on June 10, 2019, be to change the effective date of the ordinance from July 25, 2019, to March 6, 2019 (the date notice of first reading of the ordinance was published)? If so, should applications for uses allowed under the first reading version of the ordinance be accepted until the second reading of the ordinance is passed? Sec. 22-5-140. - Alternative energy resources Goals and Policies. A. AE.Goal 1. Support and encourage research, development and use of alternative energy resources. 5. AE.Policy 1.5. Support the development and use of solar energy. a. Recommended Strategy AE.1.5.a. Review County regulations to ensure support of small-scale and personal solar energy collectors. b. Recommended Strategy AE.1.5.b. Create incentives that encourage large-scale commercial solar collections. Solar Facilities: ® Small and Medium Scale Solar Facilities require USR in Ag Zone. • Small Scale SF is Use by Right in I-1, 1-2 and 1-3 Zones and Medium Scale SF requires USR. Large Scale SF's are allowed in all zone districts with a 1041 permit (Areas and Activities of State Interest found under Chapter 21 of the VVCC). • Roof and/or ground mounted solar systems located on permitted principal and accessory buildings and designed to supply power to the principle use(s) on site is a USE by RIGHT. SMALL SCALE SOLAR FACILITY: A facility which is used for the production of electrical energy from energy collected by the sun including solar energy collectors, power generation facilities, facilities for storing and transforming energy, other appurtenant facilities and any transmission lines under 115 kV, which is developed for the purpose of supplying or distributing electrical energy to users, a customer or customers and will be located on less than 20 acres. This designation shall not include roof and/or ground mounted solar systems located on permitted principal and accessory buildings and designed to supply power to the principle use(s) on site. MEDIUM SCALE SOLAR FACILITY: A facility which is used for the production of electrical energy from energy collected by the sun including solar energy collectors, power generation facilities, facilities for storing and transforming energy, other appurtenant facilities and any transmission lines under 115 kV, which is developed for the purpose of supplying or distributing electrical energy to users, a customer or customers and is located on 20 acres or more. This designation shall not include roof and/or ground mounted solar systems located on permitted principal and accessory buildings and designed to supply power to the principle use(s) on site. LARGE SCALE SOLAR FACILITY: A facility which is used for the production of electrical energy from energy collected by the sun including solar energy collectors, power generation facilities, facilities for storing and transforming energy, other appurtenant facilities and any transmission lines, which is developed for the purpose of supplying or distributing electrical energy to users, a customer or customers and will have a rated capacity greater than thirty (30) megawatts. This designation shall not include roof and/or ground mounted solar systems located on permitted principal and accessory buildings and designed to supply power to the principle use(s) on site, Large Scale Solar Facilities are permitted in all zones through permits issued pursuant to the procedures found in Chapter 21 of this Code Larimer County Any solar farm over five acres requires 1041 approval (any zone), unless the power is only used on -site. Solar farms under five acres are allowed in all districts and administratively approved (Public Site Plan). Adams County In the process of updating solar regs. Currently, solar isn't addressed directly in code. They have only had them proposed in A-2 and A-3 zones and have processed them as conditional use permits (USRs). The new regs will split up solar into small, medium, and large facilities, but it's unclear which zones they'll be allowed in. A planner said they'll probably be uses by right in A zones, but the change hasn't gone to the BOCC yet. Douglas County Considered "Utility — major facility," a USR in all districts, except GI (General Industrial), where it is a use by right. Arapahoe County Administrative approval regardless of zoning for all solar facilities up to 2 megawatts on less than 20 acres (considering increasing to 5 megawatts, according to staff). Facilities over those limits follow 1041 regulations. El Paso County Solar farms are a USR in the A-35 (Agriculture) and 1-3 (Industrial) zones. Solar facilities over 500 kilowatts (0.5 megawatts) are a 1041 use. They also have a PUD-like overlay zone that can be applied for to allow wind and solar in other zones. City of Erie Minor Utility Facilities are uses by right in all zone districts. Major Utility Facilities are USRs in all zones. Minor facilities are defined as "small scale facilities serving a local area..." City of Greeley Utility Service Facility: Less than 300 sf: SPR in all zone districts, except H -A (Holding Agriculture) and C- D (Conservation). Over 300 sf: SPR in the I -M (Medium Industrial) and I -H (Heavy Industrial) zone districts, USR in the residential and other commercial and industrial zone districts. Town of Windsor Nothing specific to solar in code. Conditional uses in all zones except industrial, where they are administratively approved SPRs. No ag zone in Windsor. Boulder County Ground -mounted solar systems are split into sma I, medium, large: Zoning District Small < 2.5 acres disturbed area MF, MH, MI, SR, H A ER, RR, F LI, GI, C, B, T SPR SPR/SU* SPR Medium 2.5 to 10 acres disturbed area Large 10+ acres disturbed area Not allowed LU/ SU* Not allowed SPR SU* LU SPR=Site Plan Review, SU=Special Review, LU=Limited Impact Special Review MF=Multifamily, MH=Manufactured Home Park, MI=Mountain Institutional, SR=Suburban Residential, H=Historic A=Agricultural, ER=Estate Residential, RR=Rural Residential — Requires special review if disturbed area is greater than 0.5 acre and the area is designated as an area of Significant Agricultural Lands. Max. disturbed area = 7 acres for parcels up to 70 acres and 14 acres on parcels over 70 acres. F=Forestry - Ground -mounted systems with disturbed area greater than 2.5 acre are not permitted in the Forestry Zoning District unless the site has been previously contaminated or the soil otherwise damaged, making it unsuitable for agricultural or forestry uses LI=Light Industrial, GI=General Industrial, C=Commercial, B=Business, T=Transitional Other limitations including restricting systems over 0.5 acre of disturbed area from areas designated for Natural Landmarks, Natural Areas, Critical Wildlife Habitats, or Wildlife Migration Corridors. MEMORANDUM TO: BOARD OF COUNTY COMMISSIONERS FROM: JIM FLESHER, LONG-RANGE PLANNER DATE: APRIL 29, 2019 RE: ORDINANCE 2019-02 AMENDING CHAPTERS 14, 23, AND 29 OF THE WELD COUNTY CODE (1ST READING) The goals of this amendment are to encourage development in the zone district appropriate for the type of development proposed and promote compatible uses within zoning districts, while updating the zoning code for clarity where necessary. The intent statement for each zone district is being updated and allowed uses in each district were reviewed over the course of the past year in several work sessions held by the Board. One of the significant changes to Article Ill, Zone Districts, is to remove Subsection 23-3-40.S, which allows all listed commercial and industrial uses to locate in the in the Agricultural zone with a Use by Special Review (USR) permit as long as the property is not in a subdivision or historic townsite. Another change is to call out specific uses allowed within subdivisions and historic townsites from those uses allowed in the rest of the Agricultural zone. For all zone districts, the revisions will separate out uses that require a permit from uses by right. Uses that require Site Plan Review will be listed separately from uses that don't require Site Plan Review. All uses will be listed alphabetically. While some heavy industrial uses will no longer be allowed in the A zone, several agriculture -related uses will be allowed through a new administrative zoning permit process, rather than the two -hearing USR process. Staff will still notify surrounding property owners of the application. If those property owners raise objections to the proposed use, the applicant may have to modify the application to mitigate concerns. If the Planning Services Director does not feel the concerns have been adequately addressed, the proposal can be brought before the Board of County Commissioners for its decision following a public hearing. Staff has provided a more detailed summary of the changes on the County's website along with the use table, the ordinance, and this staff report. Legal notice was published in the Greeley Tribune on March 6, 2019 and a press releases went out on March 7 and April 4. In addition to being sent to media outlets by the Public Information office, the press release is also on the County's homepage. Information was also sent out via Facebook and Twitter. Finally, staff sent an email with notice to all cities and towns within the County for which we have email contact information, as well as surrounding counties on March 7. No written comments have been received. 2019-1640 anio2o/9 0 ta 4/29/19 Page 1 of 7 Summary of Changes Proposed in Ordinance 2019-02 (subject to change) CHAPTER 14 - Health and Animals, ARTICLE IV - Animals Sec. 14-4-20. - Failure to control. This section needs to be amended because Chapter 23 will include a provision for obtaining a zoning permit for more than the allowed number of domestic animals under certain circumstances. CHAPTER 23 - Zoning Defined terms are in all capital letters in Chapter 23. Many sections contain what staff considers to be minor changes, such as changing defined words in lower-case to all capitals. Sections with only minor changes are not listed below. ARTICLE I - General Provisions Sec. 23-1-10 through Sec. 23-1-80. Removing outdated provisions and making other minor changes. Sec. 23-1-90. - Definitions. 1. All definitions in Chapter 23 will be consolidated into this section rather than appearing in separate parts of the chapter. 2. There are several new defined terms being added as well: Agricultural Production, Agritainment, Agritourism, Buildable Lot, Car Wash, Commercial Storage Buildings, Community Buildings, Family Child Care Home, Distribution Center, Event Facility, Gardening, Heliport, Hunting Lodge, Landscaping Companies, Lot Coverage, Lumberyard/Woodworking, Meat Processing, Organic Fertilizer Production/Composting Facility, Outlot, Pet Crematory, Retail/Service Establishment, Right -Of -Way, Subdivision, and Truck Washout Facilities. 3. Several of the existing defined terms aren't used in Chapter 23, so they are being deleted from this section. 4. Several existing definitions are being revised. Please refer to the resolution for the changes. ARTICLE II - Procedures and Permits Division 1 - Amendments to Zoning Map Sec. 23-2-10. - Amendment procedures. 5. In order to apply for a rezoning, the property will have to meet the definition of "legal lot" or be at least 35 acres in size. 6. The Planning Commission does not initiate rezonings, so that is being removed. Sec. 23-2-20. - Duties of Department of Planning Services. 7. For this and several other sections, the list of referral agencies will be moved to an appendix. 8. The notice requirements for the Planning Commission (PC) and Board of County Commissioners (BOCC) hearings will be combined. Sec. 23-2-40. - Duties of Board of County Commissioners. 1. Removing the notice requirements that are being moved to 23-2-20. 2. Repealing obsolete provision about adopting the zoning map annually. The zoning map is digital now. 3. Repealing a provision about intergovernmental agreements with municipalities. IGAs are in Chapter 19. 4/29/19 Page 2 of 7 Sec. 23-2-50. - Application requirements for Change of Zone. 1. Repealing a provision that allows the surveyed Change of Zone (COZ) plat to be submitted after the PC hearing. 2. Combining current requirements for two separate maps into one. 3. Updating language to require the draft plat to be submitted electronically (.pdf). 4. Adding a provision to state a Site Plan Review (SPR) or Use by Special Review (USR) can be submitted concurrently with or prior to approval of a Change of Zone application. Sec. 23-2-60. - Effective date of approved amendments. Adding a provision stating the COZ plat must be recorded prior to issuance of building permits or commencement of operations to codify current practice. Division 2 - Amendments to Chapter Text Combining notification of PC and BOCC hearings and other minor changes. Division 3 - Site Plan Review Sec. 23-2-150. - Intent and applicability. 1. Removing SPRs for duplexes. Lists of uses requiring SPR for each district are in Article Ill. 2. Adding standard language about delegation of authority and referrals. Sec. 23-2-160. - Application requirements for site plan review. 1. Removing language regarding duplexes. 2. Updating language for traffic information and access. 3. Removing language that implies parking and fences cannot be in setbacks. 4. Having parking requirements and stormwater requirements refer to those sections of code. 5. Removing section referring to the A-1 zone district since it is being repealed. 6. Moving language regarding landscaping to have it shown on the site plan map, rather than a separate map. Sec. 23-2-170. - Changes and termination of use. Adding language about site plans expiring if the use is discontinued for 3 years. Sec. 23-2-175. - Corrections, approval and recording of the site plan review map. Clarifying process for reviewing and recording Site Plan Review maps. Sec. 23-2-180. - Rescission Enforcement procedures Adding procedure for revoking approval of a Site Plan Review if a site is not developed or maintained in compliance with the Site Plan Review. Division 4 - Uses by Special Review Sec. 23-2-200. - Intent and applicability. Making more explicit the requirement that the application be for a legal lot and other minor changes. Sec. 23-2-210. - Duties of Department of Planning Services. Similar changes as previously mentioned (list of referral agencies in appendix, notice requirements combined). Sec. 23-2-240. - Design standards. Similar changes as to SPRs (access, traffic, etc.). 4/29/19 Page 3 of 7 Sec. 23-2-260. - Application requirements. Similar changes as to SPRs and other minor changes. Sec. 23-2-280. - Changes to a Special Review Permit. Adding standard language about recording of map. Sec. 23-2-285. - Minor amendments. 1. Similar changes as earlier (standard language about referrals, notice, recording of map, etc.) and other minor changes. 2. The map requirements will be the same as other USRs, rather than being listed separately. Sec. 23-2-290. - Termination of use. Removing language about administratively vacating USRs with the permission of the property owner. Staff will take them to the BOCC for official action. Division 5 - Special Review Permits for Major Facilities of Public Utility or Public Agency Sec. 23-2-300. - Applicability. Moving language about recording plats and maps to later sections. Sec. 23-2-330. - Duties of Department of Planning Services. 1. Similar changes as previously mentioned (list of referral agencies in appendix, notice requirements combined). 2. Removing language about a separate notice with map being published in the newspaper. The maps can be found on our website. Sec. 23-2-380. - Drawing requirements for facilities plan maps plats. Moving language about recording facilities plan plats here. (These require surveys.) Sec. 23-2-390. - Drawing requirements for utility line plan maps. Moving language about recording utility line maps here. (These do not require surveys.) Sec. 23-2-400. - Standards. Moving language about applicants needing to demonstrate the need for the facility to here from Section 23-4- 420. Division 6 - Use by Special Review Permits for PIPELINE - DOMESTIC WATER Sec. 23-2-470. - Duties of department of planning services. 1. The list of referral agencies will be moved to an appendix rather than listed for each land use case type. 2. The notice requirements for the PC and BOCC hearings will be combined. Division 7 - Geologic Hazard Development Permit Repealing entire division. See also Article V. Division 8 - Procedures and Requirements of PUD District Repealing entire division. See also Article Ill, Division 6. ARTICLE III - Zone Districts 1. Please also refer to the land use table. 2. Uses requiring a permit or Site Plan approval will be listed separately from uses by right and all uses will be listed alphabetically. 4/29/19 Page 4 of 7 3. Intent statements will be updated. 4. The design standards will be removed from the Commercial and Industrial sections since they are also in the Site Plan section in Article II. 5. The language for oil and gas setbacks will be standardized for all districts and clarify it relates to occupied structures, so as to exclude fences and the like. The distances will not change. Division 1 - A (Agricultural) Zone District Uses allowed in the Ag zone outside of subdivisions and historic townsites will be separated from those allowed in subdivisions and townsites. Sec. 23-3-40. - Uses by special review outside of subdivisions and historic townsites. The Ag zone will no longer contain the provision that any use allowed in the Commercial and Industrial zones can be approved by USR in the Ag zone. Sec. 23-3-60. - Uses by special review in subdivisions. A 1 (Concentrated Animal) Zone District The A-1 zone is being repealed. Sec. 23-3-70. - Bulk requirements. 1. The minimum lot size is being clarified. Currently it is 80 acres, but recorded exemption and subdivision exemption lots are often smaller than that. The new language will state lots can be less than 80 acres if they are approved through Chapter 24 of the Code. 2. The language for oil and gas setbacks will be standardized for all districts and clarify it relates to occupied structures, so as to exclude fences and the like. The distances will not change. Division 2 - Residential Zone Districts Sec. 23-3-105. - Water and sewer requirements. Adding a new section with the language requiring public water and sewer in the residential districts moved from after the uses. Sec. 23-3-140. - R-4 (High -Density Residential) Zone District. This zone is being phased out by not allowing any new rezonings to R-4 after the effective date of this ordinance. This zone allows an unlimited number of dwelling units in multifamily buildings. Only one area of the County is zoned R-4. Sec. 23-3-150. - R-5 (Mobile Manufactured Home Residential) Zone District. 1. Duplexes are being added to this zone. 2. Since the term "mobile home" is being removed throughout the chapter, this zone will essentially be the same as the R-2 zone. Sec. 23-3-160. - Bulk requirements. 1. The tables will be combined since "mobile homes" are being removed. 2. Minimum lot area per structure is being deleted because it has no effect. The minimum lot size and minimum lot area per dwelling unit control the lot size. 3. A provision regarding zero offsets for attached units that are on separate lots is being added. Sec. 23-3-170. - Farming of undeveloped land. This section is being added to address farming undeveloped land where farming is not listed as an allowed use. 4/29/19 Page 5 of 7 Division 3 - Commercial Zone Districts Sec. 23-3-240. - C-4 (Highway Commercial) Zone District. This zone is being phased out by not allowing any new rezonings to C-4 after the effective date of this ordinance. Division 5 - E (Estate) Zone District Sec. 23-3-405. - Water and sewer requirements. This is a new section where the requirement for public water and adequate sewer will be moved, instead of having it after uses. Division 6 - PUD (Planned Unit Development) District Sec. 23-3-500 through 23-3-550 These old PUD sections will be repealed and replaced with the following one. ARTICLE IV - Supplementary District Regulations and Zoning Permits Division 1 - Off -Street Parking and Loading Requirements Sec. 23-4-20. - Location of off-street parking areas. Adding language that parking areas cannot be located in right-of-way, but clarifying parking can be in setbacks and offsets. Sec. 23-4-30. - Design and construction of off-street parking spaces. 1. Cleaning up conflicting language about parking lot surfaces. Uses requiring approval of a Site Plan require paved parking. (Moved from C & I standards.) 2. Uses requiring approval of a Site Plan require parking lot screening from public rights -of -way and adjacent properties zoned R. (Moved from C & I standards.) Sec. 23-4-50. - Off-street loading required. 1. Uses requiring approval of a Site Plan will require paved loading areas. (Moved from C & I standards.) 2. Loading areas in C & I zones shall be screened from public rights -of -way and adjacent properties zoned R. Division 3 - Mobile Homes and Manufactured homes, manufactured structures, and occupied recreational vehicles. Sec. 23-4-130. - Permit requirements. Chapter 23 will no longer refer to "mobile homes." This section will be updated to reflect that and include other minor changes. Sec. 23-4-150. - Temporary use during construction of residence. Adding a provision stating that these structures cannot be on permanent foundations and other minor changes. Sec. 23-4-160. - Temporary storage of mobile unoccupied manufactured homes. Adding a provision stating that these structures cannot be on permanent foundations and other minor changes. Sec. 23-4-170. - Temporary Annual accessory farming use. 1. Cleaning up language referring to temporary use, which is defined as being up to six months, whereas the permit can be "revalidated on an annual basis." 2. Adding a provision including "caretakers or security personnel" in this use. 3. Adding a provision stating that these structures cannot be on permanent foundations. 4/29/19 Page 6 of 7 Sec. 23-4-190. - Temporary accessory use as office. 1. Removing the redundant "construction trailer" language. 2. Adding a provision stating that these structures cannot be on permanent foundations. Division 5 - Supplementary Regulations for Certain Uses by Special Review Sec. 23-4-350. - Livestock confinement operations. Moving requirements from a section on Site Plans for LCOs here and other minor changes. Sec. 23-4-360. - Fertilizer storage and sale Organic fertilizer production and composting facilities. Changing the name of this section to reflect the new defined use. Sec. 23-4-410. - Drive in theaters. This section and use will be deleted. Division 6 - Wind Generators and Permitting Requirements Adding a section with standard language about the process for notification and appeal and other minor changes. Division 8 - Second Single -Family Dwelling in the A (Agricultural) Zone District Sec. 23-4-600 through Sec. 23-4-620 These sections will be repealed and replaced with the following one. There will no longer be requirements regarding the second home being only for family members or caretakers. Sec. 23-4-630. - Requirements for a second single-family dwelling. This new section will state the lot must be at least two and one-half acres, the second home must have a permanent foundation, and refers to the appropriate sections for processing approvals. Division 12 - Parking and Operation of Commercial Vehicles Sec. 23-4-950. - Intent and applicability. Reordering section similar to other sections and adding a provision that requires the lot to be at least one acre. Sec. 23-4-960. - Commercial vehicle permit requirements. Adding a provision requiring current registration and plates and other minor changes. Division 13 - Home Occupation Class II Permits 1. Adding standard language about the BOCC delegating authority for approval to the Department of Planning Services. 2. Moving regulations from definitions to here. 3. Including Class I permits. Division 16 - Cargo containers 1. This is a new division to move regulations out of the definitions to here. 2. Adding a provision that the cargo containers cannot be stacked. 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. This is a new division containing the zoning permit process for all the uses moving from USR to zoning permit and will contain the criteria for approval. 4/29/19 Page 7 of 7 Sec. 23-4-1210. - Operation standards. This section will have the standards copied from the USR section (noise, air quality, etc.). Sec. 23-4-1220. - Zoning permit application requirements. Application requirements including a zoning permit plan that will be recorded. Sec. 23-4-1230. - Notification and appeal of denial. 1. Staff will send the referral to referral agencies and notify property owners within 500 feet that they can object to issuing the zoning permit. If they object they must give a reason. The applicant will be given the opportunity to address concerns. 2. If staff feels the concerns are not addressed or the applicant objects to staff conditions, a public hearing before the BOCC will be scheduled. Sec. 23-4-1240. - Conditions, enforcement, and revocation of zoning permit. 1. Staff may place conditions on approval. 2. Use must commence within three years or the applicant will have to reapply. 3. The BOCC may revoke a zoning permit after a show cause hearing in accordance with the process in Chapter 2. 4. Uses that are discontinued for three years will have to be reapplied for. 5. Minor amendments (less than 10% increase in impervious area or amount of traffic) may be approved without notification. 6. USRs that are now zoning permit uses and were previously approved may continue without obtaining a zoning permit and may have minor amendments approved as mentioned above. ARTICLE V - Overlay Districts Division 2 - Geologic Hazard Overlay District Rather than requiring a Geologic Hazard Permit, the applicant will need to provide a report from an engineer testifying that the design is appropriate for the conditions. Other minor changes. ARTICLE VII - Nonconforming Lots, Uses and Structures The section on nonconforming lots will be repealed. The changes to the definition of LEGAL LOT and the minimum lot size in the Ag zone make it obsolete. Appendix 23-G - List of Referral Agencies This new appendix will list the referral agencies. It is not intended to be all-inclusive. (Staff may send referrals to agencies not on the list). CHAPTER 29 - Building Regulations Updating definitions of "manufactured home" and "factory -built (modular) home" similar to updates to Chapter 23. Removing occurrences of "mobile home" similar to updates to Chapter 23. Draft Land Use Table 3/5/19 Page aof3 ry z fi Use '7 iY s�i' yi�gy. } vi.'JK X9 � :'. 'a•�¢'E2T �. ��>� , r :: ..... . � ) '; :.' f� A Ag Subdivisions (after 1961) Ag Townsites (pre -1961) C-1 '�'^- - Y (-3 C--4 f -A . t i ti .. .J. . I R-1 R_ R 2 R 3 R-4 R 5 E 1 FARIVMING (includes ranching and gardening) (Revised definition) UBR UBR UBR ACCT 2 GARDENING (includes community gardens) (See new definition.} UBR UBR UBR UBR UBR UBR UBR UBR UBR 3 AGRICULTURAL PRODUCTION (See new definition.) ZP USR USR SPR' SPR." SP 4 Water tanks, ag-related tanks UBR* UBR*UBR" 5 �TSU W _ TEMPORARY seasonal USES - fireworks, fruit stands, Christmas trees TSU TSU TSU TSU tSU T TS " =vr I MI 6 Grain, seed, feed, and fertilizer retail and wholesale sales ZP €t• * USR USR SPR* SPR` SPR' SPR'" SPR' Srnls ,..: 7 ANIMAL BOARDING and TRAINING FACILITIES (revised definitions), <60 trips, does not exceed animal units in bulk requirements UBR UBR UBR ACC;, 8 ANIMAL BOARDING and TRAINING FACILITIES, 60+ trips/day, excess animal units USR USR USR 9 KENNELS (See 23-4-400.) (Revised definition) USR USR USR USR* USR SPE' 10 Keeping 5 to 8 HOUSEHOLD PETS of 1 species or 8 to 16 of multiple species ZP ZP ZP 11 LIVESTOCK CONFINEMENT OPERATIONS (See 23-4-350.) (Revised definition) USR ORGANIC FERTILIZER PRODUCTION/COMPOSTING FACILITIES (See Grain, seed, and feed for 12 fertilizer sales.) (See also 23-4-360 for storage and sale.) (Formerly Animal waste recycling and processing.) (New definition) USR USR USRII aPRz SR , w., 13 LIVESTOCK salebarns ZPr' USR USR 14 p BIOSOLID disposalSPR,_ EH EH } �-hl-�crrrrrt Permit permY� sr�c. _tSFd� 15 DOMESTIC SEPTAGE disposal EH permit p USR USR USR l; ". PP. ct�R,_:. E11 ' EH .s. pc_1rnit permc 16 EXOTIC ANIMALS _ USR USR USR b£ AGRITAINMEN T, EVENT 17 ag-related FACILITIES, AGRITOURISIvi, HUNTING LODGES (new ZP * ZP .4,442,* ZP * definitions) 18 EVENT FACILITIES (not ag-related) (See new definition.) USR"' USR* USR* SPR" SPR' SPR' 19 FISHING and noncommercial WATER SKIING UBR ACC' UBR ACC * UBR ACC _ t UBR* UBR* UBR '•` UBR"' UBR" UBR" wm 20 CAMPING and HUNTING UBR ACC* UBR ACC'` UBR ACC 21 CAMPGROUNDS definition) m (Revised USR USR USR .... 22 Golf courses ZP# •* ZP USR * ZP * USR* Sr'R.' SPr," SPR;. SPR* SPR4 SPR* SPR' SPR SPR* 23 PUBLIC parks UBR UBR UBR UBR* UBR ` UEi; ` UBR'' UBR" UBR' UBR Y UBR UBR UBR UBR UBR UBR 24 RACING FACILITIES (See new definition.) USR SPR SPR'' 25 Rodeos, COMMERCIAL and roping arenas, COMMERCIAL USR USR USR 26 RECREATION FACILITIES, COMMERCIAL Revised definition, ( ) USR USR USR USR* SPR' Sr""-:r<i x "` 27 RECREATION FACILITIES, PUBLIC, PRIVATE ZP Aga * ZP USR * ZP * SPR* . SPR1 SPR" SPR ACC' r, C: AC°C SPRt SPR''' SPA.' SPR4 SPR' SPR" 28 SHOOTING RANGES, INDOOR ZP4S44* * ZP USR'" ZP USR * SPR.' PR., CPR SPR 29 SHOOTING RANGES, OUTDOOR 23-4-370.) * (See ZP USF. ZP * ZP * 30 _L THEATERS or convention halls SPR ..)PR 31 Medical marijuana, limited to 1 caregiver ACC ACC ACC 32 HOME BUSINESS (Revised definition) USR USR USR USR 33 HOME OCCUPATIONS, Class I (Revised definition) ?P ZP ZP ZP , ZPP I ZA LP, ZP 34 HOME OCCUPATIONS, Class II, (See 23-4-990.) (Revised definition) ZP ZP Z? ZP 35 CHILD CARE CENTERS definition) T (Revised USR USR USR SPR SPR1 SPR` USR USR USR. USR USR USR 36 SCHOOLS, COMMERCIAL (Revised definition) USR` SPR SPR' SPR' SPR t SCR. ' ,. SR 37 HOTELS/MOTELS USR'" USR* SPR ' SPR' i SPR SPR"- 38 FUNERAL HOMES or mortuaries USR* SPR SPR' SPR" 39 NIGHTCLUBS, BARS, LOUNGES or TAVERNS USR* SPR* SPR SPR' _-_i`=-_--_ 40 BREW PUB (retail, <1,860,000 gallons/year) (Revised definition) ZP 4442, * ZP USR * 7P 444 si._._ SPR SPR SPR. SPR SPR`' 41 BREWERY, DISTILLERY, or WINERY (Revised definitions) ZP.USR * ZP Je4R * ZP USA s SPR' SPR, SPR: SPR4 42 RESTAURANTS (Revised definition) USR* USR* SPRY' SPR SPR` SP F, SPR4 43 Veterinary clinics or animal hospitals ZP * ZP U ZP s .'SR -SR' U -SR USR SPR ;:.PR SPIN 44 OFFICES ACC ACC ACC SPR* SPR SPR SPRY„ SPR .SAC' ^ SPR ACS 45 Farm equipment sales, repair and installation facilities ZPUSR' ZP 1 R* ZPQSR ` SPR' sF'?'' ! SPIV, Spr-,'' SPR" 46 RETAIL/SERVICE<3,000 SF GROSS FLOOR AREA (See new definition.) USR* SPR SPR , SPP, SPR SPR4" SPR SPA� 47 RETAIL/SERVICE 3,000 - 20,000 SF GROSS FLOOR AREA (See new definition.) USR' SPR* SPR 48 RETAIL/SERVICE>20,000 SF GROSS FLOOR AREA (See new definition.) USR* SPR 49 ADULT BUSINESS, SERVICE or ENTERTAINMENT (See 23-9-10.) (Revised definition) SPR ' SPR SPR' * Change tram current code WORDS IN ALL CAPS ARE DEFINED IN 23-1-9o. ACC = Accessory Use EH = Environment Health Department LAP = Location Assessment for Pipeline NA = Not applicable SPR = Site Plan Review TAP = Temporary Assembly Permit TSU = Temporary Seasonal Use UBR = Use by Right USR = Use by Special Review ZP = Zoning Permit A = Agricultural C = Commercial I = Industrial R = Residential E -- Estate Draft Land Use Table 3/5/19 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 *C TAP = Temporary Assembly Pei mit TSU = Temporary Seasonal Use UBR = Use by Right USR = Use by Special Review ZP = Zoning Permit A = Agricultural C = Commercial I = Industrial R = Residential E = Estate Page 2 of 3 Use A Ag Subdivisions (after 1961) Ag Townsites (pre -1961) C-1 C-2 C-3 C-4 I-1 1-2 I-3 R-1 R-2 R-3 R-4 R-5 E CAR WASHES (new definition) & gas stations USR* SPR* SPR" SPR SPR SPR SPR WHOLESALE TRADE ESTABLISHMENTS SPR SPR* CONTRACTOR'S SHOPS ZP *' ZP ZP * SPR't' SPRY SPR SPR* SPR * 1 SPR LUMBERYARDS/WOODWORKING (See new definition.) USR* USR* SPR SPR SPRY' SPR SPR VEHICLE RENTAL & SALES ESTABLISHMENTS SPR* ,PR SPR* SPR* c VEHICLE SERVICE/REPAIR ESTABLISHMENTS SPR' SPR SPR SPR aI'ts ? REPAIR SERVICE ESTABLISHMENT USR USR USR SPR SPR ACC SPR SPR --, TRANSLOADING (Revised definition) ) USR US(':" USR .uJ�;* &P•R" SPR SPF: . _ DISTRIBUTION CENTERS (formerly Warehousing and transfer facilities) (New definition) SPR SPR' SPR* PR" Transportation headquarters (taxi, bus, other) SPR SPR' SPR* sPR•> COMMERCIAL VEHICLES, parking of (See 23-4-950 for Ag & E.) Definition does not include farm trucks. (Revised definition) 1 per lot ACC 1 per lot >lac. ZP 1 per lot >lac. ZP ACC* * ACC SPR ACC ACC SPR SPR 1 passenger CV* 1 passenger CV* 1 passenger CV* 1 passenger CV* 1 passenger C` * 1 per lot ZP COMMERCIAL VEHICLES, ># allowed by right or permit (includes trucking companies) USR USR" NA NA NA NA NA NA NA LANDSCAPING COMPANIES (New definition) ZP' USR" SPR* SPR* SPR* SPR" TRUCK WASHOUT FACILITIES, COMMERCIAL (New definition) USR* SPR':' MEAT PROCESSING (New definition) _ USR* USR* SPRt MEAT PROCESSING, CUSTOM (New definition) ZP WA * U§Rr * USR SPR* SPR"" SPR' SPR'' PET CREMATORIES (New definition) Sri;' OUTDOOR STORAGE, including RV/boat storage facilities (Revised definition) SPR ACC SPR SPR COMMERCIAL STORAGE BUILDINGS (Mini -storage, Self -storage) (New definition) SPR* SPR" SPR* SF's';' CARGO CONTAINERS (See 23-4-1100.) 2-5 per lot ACC/USR 1 per lot ACC/USR 1 per lot ACC/USR ACC* ACC ACC SEMI -TRAILERS as accessory storage (See 23-4-900.) (Revised definition) 2 per lot, ACC/USR 1 per lot ZP/USR 1 per lot ZP/USR ACC ACC ;C(, COMMERCIAL JUNKYARDS USA* USR * USP * ^ ' lea I USR. USi NONCOMMERCIAL JUNKYARD ACC ACC ACC Storage buildings, accessory to use by right, subject to guidelines ACC ACC ACC ACC ACC ACC ACC NA NA x ACC ACC ACC ACC ACC ACC AIRPORTS and AIRSTRIPS, including cropdusting operations ZPr * USR * USR SPR' AIRSTRIPS, accessory USR * USR ACC USR * NA ` S -S `4 HELIPORTS (New definition) USR" USR"' " SPR* SPR* SPR.` OIL AND GAS STORAGE FACILITIES, and SUPPORT AND SERVICE USR +}§R * U;4 * SPR SPR. Asphalt or concrete batch plant, permanent USR USR* US -R" USR SPR. Asphalt or concrete batch plant, TEMPORARY UBR U8& * U44' UBR UBR UBR..' Borrow pits, TEMPORARY UBR U.8b * ___ UBR' UBR" USR# Open MINING and processing of minerals (See 23-4-250.) USR USR * USR 4 USR* USR* USR" USR' USR USR Any USE of a research, repairing, manufacturing, fabricating, processing, assembling or storage nature. , SPR Any USE of a research, repairing, manufacturing, fabricating, processing, assembling or storage nature, provided any USE conducted outside of an ENCLOSED building is SCREENED from ADJACENT public rights -of -way and ADJACENT proper -ties SPR +} ; Any indoor USE of a manufacturing, fabricating, assembling, or warehouse nature -USA " SPR NA (d,A, RESEARCH LABORATORIES USR .14S& * 44-R* :,,J=S -1A- ' USR USR SPR HEAVY MANUFACTURING - PROCESSING (Revised definition) USR *. USR * j USR USR PETROLEUM REFINERIES Solid waste disposal sites and facilities requiring Certificate of Designation (See 23-4-380, 12 USR U * 41444* 8-10) and MAJOR FACILITIES OF PUBLIC UTILITIES OR PUBLIC AGENCIES (23-2-300). USR* USR Coal gasification facility ,izSR * * USR USR County grader shed UBR UBR UBR UBR SPR' UBR SPIN" UBR°SP s'' SOLAR FACILITY, MEDIUM SCALE (See 23-4-1030.) USR USR * USR * USR SPR* SPR' SOLAR FACILITY, SMALL SCALE (See 23-4-1030.) ZP.1.1S4 * ZP U * ZP 11&4USA SPR SPR* SPR` WIND GENERATORS (See 23-4-450.) ACC/ZP/USR ACC/ZP/USR ACC/ZP/USR ACC/ZP/USR ACC/ZP/USR ACCJZP/USR ACC/ZP/USR ACC/ZP/USR ACC/ZP/USR ACC/ZP/USR ACC/ZP/USR ACC/ZP/USR ACC/ZP/USR ACC/ZP/USR ACC/ZP/USR ACC/ZP/USR OIL AND GAS FACILITIES WOGLA WOGLA WOGLA WOGLA WOGLA WOGLA WOGLA* WOGLA WOGLA* WOGLA WOGLA WOGLA WOGLA* WOGLA' WOGLA* WOGLA PIPELINES, PETROLEUM LAP LAP LAP LAP LAP LAP LAP LAP LAP LAP LAP LAP LAP _ LAP LAP LAP PIPELINES, DOMESTIC WATER USR USR USR USR USR USR USR USR USR I . USR USR USR USR USR USR USR Draft Land Use Table 315/19 Page 3 of 3 Use R Ag Subdivisions (after 1961) Ag Townsites (pre -1961) C-1 L: r_; C-4 i I R^2 R-3 R-4 n-5 E 97 TELECOM TOWERS <35` UBR UBR UBR UBR UBP, t.36R UBR UBR UBR UBR - - 98 TELECOM TOWERS 35-75' ZP ZP Zp ZP ZI'-' iP ?p _ 7p `a . 99 TELECOM TOWERS >70' USR ': USR USR USR USR USR USR USR USR LsR 100 NONCOMMERCIAL TOWERS <40' UBR UBR UBR UBR UBR UBR UBR, UBR UBR UBR UBR UBR UBP. UBR UBR UBR 101 NONCOMMERCIAL TOWERS 40-70'USR UBR UBR ZP IT -�, �r aP P ,.: .;, ZP ZP ' ZP P I� ZP 102 NONCOMMERCIAL TOWERS 70-130` ZP 4� . ZP Z r 103 NONCOMMERCIAL TOWERS >130' USR USR USR r p 104 UTILITY SERVICE FACILITIES UBR UBR UBR UBR UBR UBR UBR UBR LIB 1 [ UBR UBR UBR UBR UBR UBR 105 OUTDOOR STORAGE of PUBLIC utility -related equipment USR USR USR SPRY' SPR'` wax ;; 106 CORRECTIONAL FACILITIES USR LISS * -¢ r _ USR��SR r,;S 107 CEMETERIES USR USR USR USR USR USR_ 4—S '' USE, ' 's USR USR .' -,; USR USR USR 1, 108 CHURCHES USR USR USR SPR* SPR" SPR' USR USR s4+ p -.• SPR UBR 4 SPR UBR ` SPR SPR 46-R ' ` ' . . SPR-UEf SPR UBR 109 HOSPITALS, nursing homes, rehabilitation centers SPR* SPR SPR USR USR USR USR USR USR U.� 110 Police, Ambulance, and Fire Stations or facilities UBR USR * ., UBR UBR SPR SPR SPR SPR SPR : R ��': SPR UBR SPR SPRJd F Uai �. SPR 4.244 SPR U8R SPR 111 COMMUNITY BUILDINGS (New definition) * ZP* ZP* ZP * SPR* <.If SPR' F'. SPR' � _ j SPR* SPR`' SPR'' SPR' SPR4 112 SCHOOLS, private USR UBR * USR UBR * USR 424* SPR SPR SPR SPRY SPR * SPR -US-R. " SPR t- SPR SPR ` ,t USR SPR USR 113 SCHOOLS, PUBLIC UBR UBR UBR UBR ,, UBR UBR ,�, UBIS USR � ,lB�,V ,. ; 4, '° ;: U13R - USR � , UBR" USR .r UBR USR k 114 FOSTER CARE HOMES (Revised definition) UBR UBR UBR ��K UBR, UBR ! +BR UBR UBR UBR 115 GROUP HOME FACILITIES (Revised definition) UBR UBR UBR UBR UBR UBR, UBR UBR U-8 116 RESIDENTIAL THERAPEUTIC CENTERS USR USR USR USR USR, USR USR : USR USR USR USR USR 117 BED AND BREAKFAST FACILITIES ZP USR x ZPgr * ZP 444R * USR* USR* 118 DWELLING UNIT, 1 (SINGLE-FAMILY) (Revised definition) UBR UBR UBR UBR UBR USR UBR 119 DWELLING UNIT, accessory enclosed within principal commercial building ACC 120 DWELLING UNIT, second SINGLE-FAMILY (See 23-4-600.) ZPA/SR * USR USR 121 DWELLING UNITS, 2 (DUPLEX) (Revised definition) UBR UBR UB€? UM'' 122 DWELLING UNITS, 31 (MULTI -FAMILY) (Revised definition) SPR ( 7 units) SPR123 TEMPORARY DWELLING UNIT during construction (includes RECREATIONAL VEHICLES) ZP 3 ZP ZP 124 TEMPORARY storage of unoccupied MANUFACTURED HOME ap ZP Zp`" 125 Annual ACCESSORY MANUFACTURED HOME during medical hardship ZP ZP 7P 126 TEMPORARY MANUFACTURED STRUCTURE OFFICE ZP ZP Zn 327 DWELLING UNIT, MANUFACTURED HOME in Ag Zone for farming, ranching or gardening t employee, or caretaker or security personnel. (See 23-4-200).) € _ Zp r 7p ZP NA I',I IL,, N� P . s :`NA i NA NA t1, NA NA 128 DWELLING UNIT, MANUFACTURED HOME in C or i Zone for proprietor, employees, caretakers or security personnel (See 23-4-220.) NA NA NA ZP ., �� ZP 'E ��° NA NA NA NA NA NA 129 DWELLING UNITS, MULTI -FAMILY for employees USR US.Re t• 130 AUXILIARY QUARTERS (Revised definition) UBR UBR UBR NA Ni 'a NA NA NA N-; 131 USES similar to the USES listed as permitted as long as the USE complies with the general intent of the Zone District USR UBR USR USR USR USR USR USR USR :9SR °� ' USR USR USR USR USR USR * Change from current code WORDS IN ALL CAPS ARE DEFINED IN 23-1-9O. ACC = Accessory Use EH = Environment Health Department LAP = Location Assessment for Pipeline NA = Not applicable SPR = Site Plan Review TAP = Temporary Assembly Permit TSU = Temporary Seasonal Use UBR = Use by Right USR = Use by Special Review ZP = Zoning Permit A = Agricultural C = Commercial I = Industrial R = Residential E = Estate EXHIBIT INVENTORY CONTROL SHEET ORD2019-02 - IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 14 HEALTH AND ANIMALS, CHAPTER 23 ZONING AND CHAPTER 29 BUILDING REGULATIONS, OF THE WELD COUNTY CODE Exhibit Submitted By Description A. Dave Kisker Comments at BOCC 04/29/2019 Randy Jackson and Lorina Hiatt @ Rainbow Letter of Concern regarding change of zoning of Pet B. Bridge Pet Crematorium Crematories Troy Whitmore @ United C. Power, Inc. Letter of Concern D. Charles/Nora Feldpausch Letter of Concern Ray Roth, COO E. Saturn Power, Inc. Letter of Concern Richard Miller F. Sun Share Power Point Ali Weaver G. Silicon Ranch Proposed Changes (Solar) H. J. K. L. M. N. O. P. Q. R. s. T. U. 2019-1640 ORD2019-02 Com ents .t CC, 4/29/201 "unless a zoning line is drawn somewhere there can be no zoning at. all" With that statement, the Colorado Supreme Court set the standard for appropriate zoning in their 1961 Clark vs. Boulder decision. Although that decision was explicitly focused on "spot rezoning", in fact, the same logic is applicable to any zoning procedure and standard. For it is indeed these zoning lines that offers predictability to ALL property owners. With that in mind, I would like to make a few observations about the proposed changes to Chapter 23. First, I am gratified to see that a review of Chapter 23 is underway. As has been documented in the newspapers, it' s been decades since this was done, so it's long overdue. And, the removal of the "any commercial or industrial use" language from the USR statutes helps to give some clarity regarding the effective or "de facto" spot rezoning that has occurred at locations such as the Martin Marietta, Simon Construction and in other recent cases. However there are still some significant issues found in the current draft. For example, there are inconsistencies of what are considered to be industrial uses. Why is a "pet crematorium" only allowed on industrially zoned land, while an asphalt or concrete plant can be approved through a USR in the Agricultural zone? We live next to both a concrete operation and a pet crematorium. The fact is that the pet crematorium his much less impact than the concrete operation!! Similarly, why is an RV storage facility recuired to be on Commercial or Industrially zoned land instead of being allowed to have a USR, as was previously allowed? Again, this board approved an RV storage facility adjacent to our neighborhood. The disrup:ion is, in fact minimal. Both of these examples direct us to the need to establish that line required by the Colorado Supreme court in a more unambiauous way. In particular, I believe that this sort of inconsistency stems from the fact that the Code gives no guidance on what is meant by the word "Compatibility". Perhaps, like obscenity, most of us know it when we see it. But, unfortunately, the lack of explicit guidance previously and in this draft means that the opportunity for arbitrary implementation of the compatibility standards is far too common. The resulting impact on neighboring land owners is unpredictability, exactly as envisioned by the Clark Court. So, today, I'm asking you to do a brave thing... I'm challenging you to give up some of your power and codify some compatibility guidelines. In particular, we need to have some framework that compares the relative impacts of uses, including comparative scale, noise, traffic, emissions, visual impact, etc. so that the compatibility requirement that is in the code can be properly implemented. In many jurisdictions, this is done through a compatibility matrix, wherein the allowed adjacent uses are explicitly stated in terms of their zoning classification. So, for example, industrial uses are simply forbidden adjacent to residential neighborhoods. By doing this sort of analysis the sort of "feathering" that is characteristic of well planned areas becomes inherent. I have in preparation a white paper that reviews these principles more completely than my time allows. I'll provide it after this meeting. I know that it's difficult to consider yielding some of your control on this issue. However, with the changing nature of our County, it's needed and now is the time. Thanks for you consideration. Dave Kisker 6681 Apache Road Johnstown, CO 80534 Est er Gesic From: Sent: T Subject: S4 r: Lorina Hiatt <rb@rainbowbridgepetcrem.com> Thursday, May 23, 2019 10:36 AM Jim Flesher; Tom Parko Jr.; Barbara Kirkmeyer; Mike Freeman; Scott James; Sean Conway; Steve Moreno; Esther Gesick Upcoming Zoning Changes for Pet Crematories Sam This email originated from outside of Weld County Government. Donot click links or open attachments unless you recognize the sender and know the content is safe. To Whom It May Concern: As the business owners of Canine Center of Excellence LLC, dba Rainbow Pet Memorial Center, it was recently brought to our attention that Weld County is in the process of making significant zoning changes to a number of businesses, including Pet Crematories being changed to a 13 zoning. It is confusing to us, why a Pet Crematory would be considered as necessary in an 13 zoning capacity. It is also confusing to us why a Pet Crematory would be in a different zoning capacity than a Funeral Home as many Funeral Homes now have in-house crematories for human cremation. Most, if not all crematories in use today, are built so that they comply with strict Federal & State EPA guidelines before an APFA can even be issued. The ongoing guidelines are likewise as strict and do not warrant a I3 zoning restriction. If you look at the numerous Pet Crematories across the state, most of them are either located on family farms or commercial properties, and if they are in an industrial area, typically they are in light industrial zoning. We are requesting that your assessment of Pet Crematories be re-evaluated prior to final reading on this matter. While we don't anticipate having to move from our current location in the future, it is impossible to predict and an I3 zoning designation would devastate any opportunity of doing so within Weld County. Regards, Randy L. Jackson Lorina R Hiatt Kelly & Lori Hiatt Rainbow Bridge Pet Crematorium 27292 County Road 13, Unit 1 Johnstown, Co 80534 Phone - (970) 962-9200 Fax - (970) 962-9207 Email - rb rainbowbridepetcrem.com Web - www.rainbowbr doeJcre .con 1 0 Fr{ -m: Sent: F'. O Y�� O Cc: Subject: Attachments: Sean Conway Tuesday, May 28, 2019 9:41 AV Esther Gesick conwaycommissioner@gmail.com FW: United Power Letter concerning solar rezoning discussion 2019 May 25 Weld County Commissioners.pdf Esther - please add this to the record for hearing. Thanks, Sean Sean Conway Commissioner At -Large 1150 O Street, P.O. Box 758, Greeley, CO 80632 970-336-7204 sconway@co.weld.co.us Confidentiality Notice: This electronic transmission and any attached documents or other writings are intended only for the oerson 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 prohioited From: Troy Whitmore <twhitmore@unitedpower.com> Sent: Saturday, May 25, 2019 9:54 AM To: Mike Freeman <mfreeman@weldgov.com>; Scott James <sjames@weldgov.com>; Barbara Kirkmeyer <bkirkmeyer@weldgov.com>; Sean Conway <sconway@weldgov.com>; Steve Moreno <smoreno@weldgov.com> Cc: Tom Parko Jr. <tparko@weldgov.com> Subject: United Power Letter concerning solar rezoning discussion Caution: 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. Commissioners: Please find attached a letter from United Power regarding the solar rezoning matter currently under consideration by the Board. Thank you for the opportunity to provide input in this regard. Have a good weekend. Troy oy a Whitmore Government & Regulatory Relations Officer United Power, Inc. 1 500 Cooperative Way Brighton, CO 80603 Office: (303) 637-1207 Mobile: (303 475-1214 Disci imer The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it. If you received this message in error, please contact the sender and delete the message. Any disclosure, copying, review reproduction/ or distribution in relation to any of the contents of this information is strictly prohibited. Your uchst ne May 25, 2019 Honorable Board of Commissioners, Weld County 1150O Street Greeley, CO 80632 Dear Board of Commissioners, Cooperative This letter is submitted in response to some of the proposed changes to the Weld County Code which would govern the zoning and development of renewable energy facilities. As a local electric cooperative that serves a large portion of Weld County, United Power is entrusted to provide safe, reliable, andlow-cost energy to its members, of which renewables resources play a critical role. It is United Power's opinion that Weld County represents a model for the State of Colorado, and. indeed other counties throughout the region regarding its "all of the above" energy production. In addition to its extensive oil & gas resources, it should be noted that Weld County is also a leader in solar, wind and landfill energy production and now can boast the largest energy storage / battery device in the State of Colorado. With the 2016 updates to the Weld County Code to determine the land use rules associated with these renewable resources, the County established itself as a model for the rest of the State in providing a template for zoning, permitting and reviewing these projects and supported United. Power in providing economic benefit to all its consumers. Speaking only from our utility perspective, United Power is concerned about the proposed changes to how the County would review and permit these projects. These changes wouldultimately restrict future renewable projects and limit the potential benefits to energy consumers within the County. Below is a list of the benefits that. United Power wouldlike the County to consider as they look to the future; Note: As a distribution utility, United Power would be primarily concerned with the small to medium sized projects (<30 MW). • United Power is ranked in the top 5 co-ops nationwide for connected solar thanks to our (3) solar projects in Weld County. ® The electrical output from these projects is consumedlocally and. benefits Weld. County businesses & citizens. It is not shipped to Denver, Boulder or out of state. ® United Power makes a margin on these projects which benefits all our members. This allows United Power to stabilize its future energy costs. ® The zoning and permitting with Weld County were all established to provide local control to the County without putting undue financial restrictions or hardships to the utility. Changing these requirements could have the effect of "killing" these projects, especially the small andmedium sized. projects. .ixd.'m!:.-'<!.ee••t<n .•••••••“m..... . .. �<e:.eta�..644,,W ,»W�•+u.Wi xewW..aa:,✓emnroxonao.»r..wn»m»»»»>••••!"»m+»!C�::+<+jai.:wBi...mn..::x:0.... vmrn")»m”»»»»m::o)v,w: r... vrv.Nab«awl.^:m�n�a ns:»fwwH.»:w.:::»>»�.:»»m»va»»f»�m>»»»H»+»»»„»r::�C>�^•:^'r'rmM'!TneM Ynueex.Ae»3`�^495”, m»m�»»m»>mem:»n:»•p.;.:.e<rowmeueueuwe<.;nu��tu:eroxn w»>»»r.�m�:m»z .m iT.`+`Y. Ar;.mwav^»y»:»»»»w»r.»>w>sm»»>»mo�m�n:.»»>»rm.»»bx�nkHEW.»»'�i(n�»rp»rexti»ro'aynagoo:s:'v.<.c .. �-. •:+en»eea»cttm�»»;»s»>nrrn+x<na ei;NNFr UNITED POW R, INC. 500 .Cooperattve is .. � �- . �, may, Way i t .IL 80603 303-659-0551 * 0-4 8 809 a 3 3-65 -2 172 womunitedpower.com Board of Commissioners, Weld County May 25, 2019 Page 2of2 * It should be noted that although the sun shines everywhere, solar projects like these can only be located. where the utility has enough infrastructure and load to align with this energy production. This significantly limits where projects can be sited. ® Utilities are moving to renewable generation to lower their overall costs to their members. These resources will be built, and United Power would. like to continue to site these projects in the communities that we serve. ® United Power continues to grow and the new load that we are attracting to our area wants a voice in the type of energy that will serve its facilities. Not being able to supply renewables may be the reason that a business doesn't relocate to the area. Having flexibility with renewables is an economic development asset for both United Power and Weld County. • In 2016, when Weld County was changing their Code, they asked the public, the utilities, the developers and. the Weld County Planning group the best path forward. Those sessions created a Code that met the needs of all those diverse groups. That Code is still supported today, with no changes. United Power believes that no changes to the existing code are required. We feel that both Weld County and. United Power have benefitedwith the current structure. We would go so far to say that the rest of the State could take a lesson on how Weld County has updated and managed this process. The bottom line is that it was a collaborative effort by all concernedparties, benefiting everyone. The proof of this collaboration is all the successful projects we have accomplished. together. We request that Weld County, if not willing to rescindthe proposedchanges, continue to be open to the process and allow interested parties to provide input in advance of making a final determination. United Power will continue to monitor the situation andprovide input as needed. United Power values our partnership with Weld County so we are proud of our 80 years of service to thousands of homes, businesses, farms, andranches in your county. Thank you for your consideration. Sincerely, Troy L. Whitmore Government & Regulatory Relations Officer cc: John D. Parker, CEO, United Power Jerry Marizza, New Business Director, United Power Jay Mendoza, Community Affairs Rep., United Power Torn Parko, Weld. County David White, Pou.dre Valley Rural Electric Association Ali Weaver, Silicon Ranch John Marcarelli, Silicon Ranch e off Fri*mm yenta0 To: Cc: S bj ec Esther Gesick Friday, June 07, 2019 2:58 PM Nora Feldpausch Jim Flesher; Cheryl Hoffman Re: Ordinance 2019-02 Hello, Your correspondence has been received and will be included in the file as an Exhibit to the Ordinance. Thank you, Esther Gesick Clerk to the Board Sent from my 'Phone On Jun 7, 2019, at 2:50 PM, Nora Feldpausch <neifeldpausch@gmail.com>wrote: Caution: This email originated from outside of Weld County Government. Do not click links or open attachments unless you recognize ti sender and know the content is safe. Dear Mr. Flesher and Ms. Gesick, My husband and I own and operate a family dairy in Weld county and farm the surrounding land. We have worked closely with a solar company to install panels that help efficiently run our home and our pivots. We are seriously considering offering an area of our farm for the installation of solar panels that will help improve the efficiency and sustainability of our operation. We are also looking at some of the new panels that are compatible with co -locating crops and solar panels - an innovative new idea that would allow us to harvest energy and produce food crops at the same time and in the same location. The proposed ordinance 2019-02 would severely limit our options as farmers and as members of a community that is working to create sustainable energy options that complement our current oil/gas industry. Please consider supporting agriculture and the solar industry by opposing this ordinance and allowing Weld county to remain innovative and sustainable into the future. Sincerely Nora and Charles Feldpausch Long Meadow Farm Esther :-esick From: Sent: To: Subject: Attachments: Eileen Turano <eileen.turano@saturnpower.com> Monday, June 10, 2019 8:48 AM Jim Flesher; Esther Gesick For County Commissioners meeting : Letter from Saturn Power re: Solar Development in Weld County Letter to Weld County 06.07.19.pdf Caution:This email originated from outside of Weld County Government. Do not click links or open ;attachments unless.you recognize the fs , sender and know the content is safe. Please find attached a letter from Saturn Power that we would like reviewed and recorded in regards to the discussion today around Solar Development in Weld County. If you have any further questions, please do not hesitate to contact me. Thank you Eileen Turano Project Developer saki, n Saturn Power Inc 140 Foundry Street Baden, Ontario Canada N3A 2P7 C:519-497-6865 E: eileen. urano saturnpower.conn www.saturnpowervcom CONFIDENTIALITY NOTICE -a This email communication and any attachments may contain confidential, proprietary, privileged and/or private information for the use by its intended recipients and may be subject to legal privilege and client confidentiality. The information is intended to be for the use of the individual or entity designated above. If you are no: the intended recipient, you are hereby notified that you have received this communication in error and that any review, disclosure, dissemination, distribution or copying of it or its contents is strictly prohibited. If you have received this communication in error, please notify the sender by return e-mail and delete and/or destroy all copies of this communication and any attachments. 1 June 7, 2019 Ms. Barbara Kirkmeyer Chair, Board of County Commissioners Weld County Colorado Po Box 758 Greeley, CO 80632 Dear Chair Kirkmeyer, I understand that Weld County has some concerns with the development of solar power within your jurisdiction, however I wanted to take a moment to provide you with some information in support of renewable power generation. Saturn Power is a renewable energy developer, based in Ontario, Canada, with over a decade of experience and expertise in project financing, engineering, procurement and construction (EPC) as well as the operation and maintenance of existing renewable assets. In addition to our roots in Canada, we have significant experience developing projects in markets throughout the globe, including the United States, Bermuda and Turkey. Saturn Power is interested in developing solar generation in Weld County in the near future. This would amount to an approximate investment of $1 million per MW and would create cirect employment in the community during the construction period, as well as indirect employment and an increase in revenue to local businesses. From Weld County's perspective, a project of this nature with a signed, long term, power purchase agreement, would provide guaranteed property tax revenue to the County for up to 35 years. There are numerous examples from our past developments where we have worked to establish programs or incentives that provided direct benefit to the local community that was hosting the project_ Examples include assisting municipalities in setting up programs to attract economic development, supporting local arts and culture and developing interactive youth programming. Renewable energy production is both the present and the future, and participating in this growth will ensure that Weld County is near the forefront of the exciting and transformative shift towards a cleaner, more sustainable energy system, that will also provide local benefits to the communities involved. Given our noted experience, we are familiar with and understand some of the expressed concerns with respect to renewable energy developments, especially as it retates to the treatment of farmland, I can assure you that, as a co-founder of this company and with generations of farming in my heritage, Saturn Power acts as stewards of the land, respecting both the property and the landowner in all discussions, negotiations and developments. Canadian Head Office 140 Foundry Street, Baden, ON N3A 22PI Canada �g Te l: 63 Fax: 519.720.5812 United States Office 925 4th Ave, Ste 2900 Seat le WA 98104 Toll Free: 86619614804 Saturn Power Enerii A.S. Bow Sokak 21/8 GOP Cantu, Ankara 06700 Turkey Tek +94 312A26.3064 Pat .90 312,42&6070 Western Canadian Office 208440 5 Ave SW Calgary, Atbeda T2P 311 Canes Tel: 579-8044163 ext.131 @saturn Power Salim Power @SaturnPowf&&ciat saturnpowercos Both of the co-founders of Saturn Power have extensive farming lineage, and through this experience, we strongly believe that farmers should be able to farm their land in any manner they see fit, i would also note that, while a solar farm may have some elements consistent with commercial operating facilities, overall it shares far more similarities to the operational characteristics of agriculture, with no sound pollution, zero emissions and very low impact to area infrastructure, such as roads, and water and waste -water facilities and piping. We strongly believe in the merits of meaningful, collaborative community consultation, while working diligently to build strong, mutually beneficial relationships within the community. We are committed to working with the County and its residents to understand and mitigate any concerns. We would be more than happy to engage with you and the County on further discussion at your earliest convenience. Regards, I Ray Roth Chief Operating Officer Saturn Power Corp. cc: Mr. Mike Freeman, Commissioner, District 1, Board of County Commissioners, Weld County, CO Mr. Scott James, Commissioner, District 2, Board of County Commissioners, Weld County, CO Mr. Steve Moreno, Commissioner, At -Large, Board of County Commissioners, Weld Count, CO Mr. Sean Conway/ Commissioner, At -Large, Board of County Commissioners, Weld Count, CO Ms. Carly Koppes, Clerk and Recorder, Weld County, CO sat . r npo er Canadian Head Office 140 Foundry Street, Bader, OH N3A 2PI Canada Tel: 519.8043163 Fax: S19220_5912 Linked States Office 925 4th Ave, Ste 29.00 Seattle WA 98104 Tail Free: 866.961.8654 Saturn Power Eneril AS* Bogaz sokak 21,8 GOP Caakaya, Ankara 0 Thy Tel:.90 312426,x}64 F +90 312.42 .6074 Western Canadian Office 208-940 6 Ave SW Calgary, ATherta TIP 311 Canada Tel: S19-804-9163 ext. 131 @ Per (fig)/ Satan power (ft -611) Sala rn reff€cial saturn ; w r.cum 6/11/2019 .'•I�e'€.�'Xll�"5 Sfax""' "� .��3"icF`'�s-�s�:jiL'; �:a4 i.�-�flftir ��'IR`;.�..—`.�11 <��tY,-a; afc'_--',.gtr"h .r' �a,a₹? .�v. �s'�'�i`iit2:x.�cs,e- “ z _. _ 1E4W4 Sw-, PROPOSED MODIFICATIONS TO THE WELD COUNTY CODE Chapter to Be Modified: Chapter 23, Article I (Definitions) and Article III (Zone District) Section 23-3-40 Uses by Special Review T. Medium Scale Solar Facility, Subject to the additional requirements of Section 23-4- 1030. Section 23-3-40 Uses by Special Review FE Small Scale Solar Facilities, subject to the additional requirements of Section 23-4- 30. SurShare THE POW4R TO CHOOSE Article III (Zone District) Division 1- A (Agricultural) Zone District Chapter to :e Modified: Chapter 23, Amid I (Definitions) MEDIUM SCALE SOLAR FACILITY: A facility which is used for the production of electrical energy from energy produced by the sun including solar energy collectors, power generation facilities, facilities for storing and transforming energy, other appurtenant facilities and any transmission lines under one hundred fifteen kilovolts (115 kV), which is developed for the purpose of supplying or distributing electrical energy to users, a customer or customers and is located on twenty (20) acres or more and has a rated capacity between two (2) and thirty (30) megawatts, or is located on less than twenty (20) acres and has a rated capacity greater than two (2) megawatts. This designation shall not include roof and/or ground mounted solar systems located on permitted PRINCIPAL and ACCESSORY BUILDINGS and designed to supply power to the principle USE(S) on site. Proposed Change — No longer aiaovved as MIR `c Agricufturall Zone O O in +q r f O � A 9 in f M11 District; a lowed in - and L Zone Districts s USR, aVi awed in 1- 2 & !I n Zone D stnccts as a Site Plan ;Review. hShare THE POWER TO CHOOSE 6/11/2019 The proposed amendment limits a Medium Scale Solar Facility to the C-3 and I-1. Zone Districts as a USR; and in 1-2 and I-3 zones as a Site Plan Review, eliminating it specifically from agriculturally zoned land. This action would effectively prevent any Medium Scale Solar Facility from being built in Weld County. Commercially & Industrially zoned land is too expensive for solar development. Solar facilities are not the highest and best use of Commercial & Industrial zoned land. Commercial & Industrial zoned land needs to be reserved for producing higher taxable land uses. urshare PORT ES TO U4OO51 T.oPy.r.' .a S If rezoning land from the Agricultural Zone "'strict to C-3, I-1, k2, or k3 to accommodate a Medium Scale Solar Facility, potentially could result in "spot zoning" which could be challenged by owners of surrounding Agriculturally zoned land as incompatible zoning° once re -zoning is changed to C-3, I-1, 1-2, or 1-3, much more intensive uses could be allwed once the sfF:'lar facility is decommissioned. Su Share flit POWER TO CHOOSE 2 6/11/2019 =tans Kzedxa PUD (Clear with Blue) 23+ tat Weld County Zoning Map MYFSWIrt City of Greeley The Weld county website affirms it is the "richest agricultural county in the United States east of the Rocky Mountains with 2.5 million acres — 75 of which are dedicated to agricultural endeavors." The amount of Industrially zone land is a small fraction of this acreage, located primarily near densely populated regions where solar facilities may have limited opportunities Ynr CI If rocs ..I_^�'r ..i '.1tn.,.:F;-Y*. Chapter to Be Modified: Chapter 23, Article I (Definitions) dJ SMALL SCALE SOLAR FACILITY: A facility which is used for the production of electrical energy from energy produced by the sun including solar energy collectors, power generation facilities, facilities for storing and transforming energy, other appurtenant facilities and any transmission lines under one hundred fifteen kilovolts (115 kV), which is developed for the purpose of supplying or distributing electrical energy to users, a customer or customers and will be located on less than twenty (20) acres and limited to two (2) megawatts. This designation shall not include roof and/or ground mounted solar systems located on permitted PRINCIPAL and ACCESSORY BUILDINGS and designed to supply power to the principle USES) on site. pose.; Change - oo. and im ied to t wo ( 2) megawatts has been a d d e t `Share mne p4`NER r0 CIIIJOS1 3 6/11/2019 W4' Concluding questions, issues: • Have there been any issues raised by neighbors adjacent to solar facilities; or are the proposed regulation changes a solution in search of a problem? 0 What is wrong with the current regulations for solar facilities in the Weld County Code? They seem to be working and allow an adequate review by the County Planners, Planning Commission, and Board of County Commissioners. The citizens have adequate opportunity to comment and express their concerns during the public hearing process, before any solar facility can be constructed in the Agricultural Zone District. CWr • Unintended consequences? Agriculturally zoned land being re -zoned to C-3, I-1, 1-2, and 1-3 will resulting in loss of agricultural land, and other unintended consequences. Diminishes private property rights by eliminating a viable use fr Agriculturally zoned land iven the nature of solar facilities, the need for them sited near electrical distribution lines, why institute a policy that prohibits them throughout the County? i . 4•.. e. 6/11/2019 _ ._.1� w s€ i L5ui ters/L caPrAi >ivi l ..•:�S:K.:%4aWeAnaisa€ hmggaSaF1n.G' w 5F • Keep the current policy of reviewing Small & Medium Scale Solar Facilities as a Use by Special Review on Agriculturally -zoned land. Alliiw Small Scale Solar Facilities for parcels up to 35 acres with no limit on the quantity of megawatts on Agriculturally -zone land. sUhShare 5 Cheryl H ff Fr rm: Sent: Subject: ttchlr �≤a5 rats: Importance: Cheryl Hoffman Monday, June 10, 2019 2:14 PM Cheryl Hoffman FW: Letter Regarding Proposed Solar Ordinance Change Silicon Ranch Comments_Weld County Commission Zoning.pdf High From: Ali Weaver <ali.weaver@siliconranch.com> Sent: Friday, June 7, 2019 7:06 AM To: Esther Gesick <egesick@weldgov.com>; Mike Freeman <mfreeman@weldgov.com>; Scott James <s'ames@weldgov.com>; Barbara Kirkmeyer <bkirkmeyer©weldgov.com>; Sean Conway <sconway@weldgov.com>; Steve Moreno <smoreno@weldgov.com> Cc: Tom Parko Jr. <tparko@weldgov.com>; Jim Flesher <jflesher@weldgov.com> Subject: Letter Regarding Proposed Solar Ordinance Change Imps >rtance: High Caution: 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. Good Morning Commissioners and Staff, On behalf of Silicon Ranch Corporation, please find enclosed a letter regarding the proposed changes to the solar ordinances. We respectfully request that our letter is included as a part of the formal record for the 2nd reading on Monday, June 10, 2019. We look forward to the opportunity to formally address you on Monday. Have a good weekend, ALl WEAVER Sr. Project evelopment Manager I Silicon Ranch ali.Weaver@Siliconranch.com M. +1 281-728-1534 F. +1 615-577-4604 I www.siliconranch.com c/o Industrious 1 1801 California Street, Suite 2400 I Denver, CO 80202 i 'tea 1. SILIC:ON RA- NCH June 7, 2019 Honorable Board of Commissioners, Weld County 1150 0 Street Greeley, CO 8O632 RE: In the Matter of Repealing and Reenacting, with Amendments, Chapter 23 Zoning, of the Weld County Code Dear Board of Commissioners: I am writing on behalf of Silicon Ranch Corporation, an active investor, property owner, and community member in Weld County, to provide information for your consideration as you deliberate proposed changes to the Weld County Code that would govern zoning and development of renewable energy facilities. We applaud the Commission for the steps it has taken to date to maintain Weld County's position as an Energy Capital and to support economic growth in the County. Silicon Ranch considers itself, first and foremost, an energy company, committed to supplying low-cost and reliable power to our utility partners to align with their goals and those of the people, businesses, and communities our partners serve. While we generate renewable energy to achieve these ends, we view renewable energy as complementary to other energy sources, and our projects as components of a much larger energy picture. In Weld County, we have had the unique opportunity to put our philosophy into practice by siting some of our projects adjacent to oil and gas exploration and production facilities and producing energy to directly support these activities. The existing Code, which the Weld County Commission and Planning Department worked diligently to put into place in 2O16, works well to allow renewable energy generation and oil and gas exploration and production to occur in concert with one another, to the benefit of all residents of Weld County. The key factors that drive our utility partners' interest in pursuing solar energy for the benefit of their consumers, the constraints that drive site development, and the temporary and mixed -use characteristics of solar projects are worth noting: o Silicon Ranch's utility partners that serve Weld County, including United Power and Poudre Valley REA, pursue solar projects to provide low-cost, reliable energy to their members and cost savings compared to the other energy sources to which they have access. The energy produced by these projects serves the local consumers on their distribution system. It is not exported to other communities. Although Colorado generally has ample sunshine and among the best conditions in the country for solar generation, solar projects are scaled and sited to match consumer demand and available infrastructure. This requires that solar development take place in areas of highest (current and forecast) electrical load. Utility partners give Silicon Ranch explicit direction on where its projects can (and cannot) be located. This guidance dictates where our projects must be sited. siliconranch.com I +1 615.577.4786 I 222 Second Ave S. Suite 1900 I Nashville, TN 37201 SILICON RANCH Solar projects are compatible with other uses, including oil and gas, residential, agriculture, military, and industrial uses. Because of the relatively short term of the energy contracts, solar projects are typically viewed as "temporary uses" that preclude the need to rezone. o Silicon Ranch has a robust land management program through which we partner with local farmers and ranchers to deploy site -specific farming and grazing techniques on our solar projects that restore the land, ensuring its long-term health This program keeps agricultural land in agricultural use but shifts the type of agricultural use to forage cultivation and livestock. Many of our solar projects are mixed -use projects. The proposed changes to the Code would significantly limit, if not prevent outright, the development of solar projects to serve the growing oil and gas, commercial, and residential load of Weld County. The proposed Code changes that would restrict development to industrial zones and C3 would prohibit solar projects from serving the vast majority of the growing load that is driving its deployment, as this load is not located proximate to industrial or C3 zones. e The lost economies of scale associated with the reduced scale of a project that would match the load in industrial or C3 zones, paired with increased land and other development costs, would render the projects incapable of meeting the cost -saving objectives of utilities aid their consumers. In 2016, the Weld County Commission, Planning Commission staff, industry, electric utilities, and citizens of Weld County came together to create the best process through which solar project development could be aligned with responsible land use objectives. This collaboration of diverse stakeholders resulted in the current designations of "small, medium, and large" scale projects and put in place the appropriate mechanisms that govern their review and deployment, all while supporting the interests of Weld County residents. The current designations and mechanisms, specifically the Use by Special Review and associated public process, provide the Weld County Commission with the ability to determLne the appropriateness of a solar project for a given location. In doing so, Weld County is able to maintain its position as an Energy Capital and preserve local control over its land use as well as the flexibility to access all low-cost energy options. Silicon Ranch strongly advocates leaving the existing Code as it currently applies to solar projects in place rather than changing it as proposed. We thank you for considering this recommendation and our comments and I9ok forward to continued partnership and the opportunity to contribute to Weld County's strong energy community. p Respectfully yours, }. R Farr Co4,6/ nder, President and Chief Operating Officer siliconranch.com I +1 615.577.4786 ( 222 Second Ave S. Suite 1900 I Nashville, TN 37201 Hello