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Home My WebLink About20192621.tiffWELD COUNTY CODE ORDINANCE 2019-02 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 BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO: WHEREAS, the Board of County Commissioners of the County of Weld, State of Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners, on December 28, 2000, adopted Weld County Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld, including the codification of all previously adopted ordinances of a general and permanent nature enacted on or before said date of adoption, and WHEREAS, the Weld County Code is in need of revision and clarification with regard to procedures, terms, and requirements therein. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County of Weld, State of Colorado, that certain existing Chapters of the Weld County Code be, and hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as follows. CHAPTER 14 HEALTH AND ANIMALS Amend Sec. 14-4-20. Failure to control. It is unlawful for the owner or any person having custody of any dog to fail to control said dog within the County, except the portions of the County which are within the city limits of any incorporated municipality within the County. An owner or other person having custody of a dog shall be deemed not to control a dog under the following circumstances: A. thru E.4. — No change. 5. It shall be an affirmative defense to an alleged violation of Subsection A above if a Use by Special Review permit has been approved by the Board of County Commissioners and a map recorded in the County Clerk and Recorder's Office for a kennel in order to exceed the maximum number established in Chapters 14 and 23 of this Code. 6. It shall be an affirmative defense to an alleged violation of Subsection A above if a zoning permit has been approved by the Department of Planning Services or Board of County Commissioners in order to exceed the maximum number established in Chapters 14 and 23 of this Code. Remainder of Section - No change. of 181 08/02/2019 01:53 14 Pages: 1 PM RFee:$0.00 11111 �1I' Nigh Clerk and Recorder, � Weld County, W III II 1 co: C1 (EG (C H), c xc 86), r- m c ow/ 3O), Pcx-RT) 2019-2621 cQcTc 6o/c O), ORD2019-02 PL ( PWC3m/ ERICH/ Da) OSr/o7 / 19 CHAPTER 23 ZONING ARTICLE I — General Provisions Amend Sec. 23-1-20. Authority. The County is authorized by law to regulate zoning, planning, SUBDIVISION of land, and BUILDINGS by virtue of Section 30-28-101, et seq., C.R.S.; to regulate certain activities on and USES of land by Section 29-20-101, et seq., C.R.S.; to designate and administer areas and activities of state interest by Section 24-65.1-101, et seq., C.R.S.; to regulate PLANNED UNIT DEVELOPMENTS by Section 24-67-101, et seq., C.R.S.; to establish the point at which statutory vesting occurs pursuant to Section 24-68-101, et seq., C.R.S.; and to exercise the powers of a Board of Health to adopt rules and regulations pursuant to Section 25-1-508(5)(g), C.R.S. In addition, the COUNTY is authorized to regulate zoning, planning, SUBDIVISION of land, and BUILDINGS by virtue of the Home Rule Charter. Should further authorizing legislation exist or be enacted, this Chapter is additionally deemed to be enacted pursuant thereto, except to the extent it may be inconsistent therewith. Amend Sec. 23-1-50. Interpretation. A. thru I. — No change. J. All USES listed in this Chapter are representative and are not exclusive. Amend Sec. 23-1-80. Implementation procedures. Repeal of Previous Zoning Resolution: Applicable only to 1981 Redistricting. The Official Weld County Zoning Resolution adopted May 29, 1961, was repealed on August 18, 1981. The Official Weld County Zoning map in hard copy is replaced with the digitized version of this map that is maintained in joint cooperation with the Weld County Assessor's Office and the Weld County GIS office. The digitized map is available electronically through the County webpage and is updated periodically. The repeal of the Official Weld County Zoning Resolution shall not prevent the prosecution and punishment of any person for any VIOLATION committed prior to its repeal and map amendment. The repeal of the Zoning Resolution shall not affect or repeal any conditions or standards imposed as a condition for approval of any land use decision by the Board of County Commissioners prior to the effective date of the Zoning Ordinance codified herein and any amendment thereto. Delete B. and C. Amend Sec. 23-1-90. Definitions. The following specific words and phrases, when appearing in this Chapter in uppercase letters, shall have the meanings stated in this Section: 100 -YEAR FLOOD: A FLOOD having a recurrence interval that has a one (1) percent chance of being equaled or exceeded during any given year. The terms "one hundred -year FLOOD" and "one -percent -chance FLOOD" are synonymous with the term 100 -YEAR FLOOD. The term does not imply that the FLOOD will necessarily happen once every one hundred (100) years. 100 -YEAR FLOODPLAIN: The area of land susceptible to being inundated as a result of the occurrence of the 100 -YEAR FLOOD. 500 -YEAR FLOOD: A FLOOD having a recurrence interval that has a two -tenths (0.2) percent chance of being equaled or exceeded during any given year. The term "0.2 -percent -chance FLOOD" is synonymous with the term 500 -YEAR FLOOD. The term does not imply that the FLOOD will necessarily happen once every five hundred (500) years. PAGE 2 4°311414 Pages: 2 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO ii fgrtO 'kit LA: Piel � 1I 111 2019-2621 ORD2019-02 500 -YEAR FLOODPLAIN: The area of land susceptible to inundation as a result of the 500 -YEAR FLOOD. ACCESSORY BUILDING, STRUCTURE, or USE: any BUILDING, STRUCTURE, or USE which: a. Is subordinate in purpose, area or intensity to the PRINCIPAL BUILDING or USE served, b. Is normally associated with the PRINCIPAL BUILDING or USE, c. Contributes to the needs of the occupants, business enterprise or industrial operation within the PRINCIPAL BUILDING or USE served, and d. Is located on the same LOT as the PRINCIPAL BUILDING or USE. ADDITION: Any activity that expands the enclosed footprint or increases the horizontal square footage of an existing STRUCTURE. ADJACENT: When used to indicate land in the immediate vicinity of a LOT, means land which shares a boundary line with the LOT in question or which would share a boundary line were it not for the separation caused by a STREET/ROAD or ALLEY. ADULT BUSINESS, SERVICE or ENTERTAINMENT ESTABLISHMENT: Any business, service or entertainment establishment open to the public in which persons appear in a STATE OF NUDITY for the purpose of entertaining patrons at such establishment. This definition does not include any establishments offering such entertainment where those establishments hold a valid liquor license pursuant to the Colorado Liquor Code or Beer Code. AGRICULTURAL PRODUCTION: PROCESSING, packing, sorting, mixing, and/or blending of crops and other plants grown on premises and/or PROCESSING, packing, sorting, storing, drying, mixing, blending, and/or selling of crops and other plants grown off premises, and BUILDINGS and STRUCTURES related thereto. AGRICULTURAL PRODUCTION does not include production of ethanol or alcoholic beverages. See also FARMING. AGRITAINMENT: A USE ACCESSORY to FARMING, open to the paying public, and typically including attractions such as amusement rides, corn mazes, haunted houses, petting zoos, and the like. AGRITAINMENT may also include live entertainment such as musical or comedy performances but excludes rodeos and racing events. AGRITOURISM: A USE ACCESSORY to FARMING offered as a vacation destination, open to the paying public, where guests experience life on a farm or ranch and may include recreational attractions such as horseback rides, hiking, and the like. AGRITOURISM excludes rodeos and racing events. AIRPORT: Any locality, situated on water or land which is adapted for the landing and taking off of aircraft and which may provide facilities for shelter, supply and repair of aircraft, or a place used regularly for receiving or discharging passengers or cargo by air. Includes all land, BUILDINGS, STRUCTURES or other improvements necessary or convenient in the establishment and operation of an AIRPORT. AIRPORT ELEVATION: The established elevation of the highest point on the usable land area of the GREELEY-WELD COUNTY AIRPORT (four thousand six hundred ninety [4,690] feet above MEAN SEA LEVEL). Delete AIRPORT HAZARD. PAGE 3 4511414 Pages: 3 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County, CO 2019-2621 ORD2019-02 1111IVFJPI1tNfigiViklf��'Y�'h 1III1 AIRPORT REFERENCE POINT: The point established as the geographic center of the GREELEY-WELD COUNTY AIRPORT landing area. The reference point at GREELEY-WELD COUNTY AIRPORT is a point three thousand one hundred (3,100) feet west of the east line of Section 2, T5N, R68W of the 6th P.M., Weld County, Colorado, and two thousand two hundred fifty (2,250) feet south of the north line of said Section 2, which geographical coordinates are Latitude 40°26'8" north and Longitude 104°37'55" west. AIRSTRIP: - No change. ALLEY: A minor PUBLIC or private STREET/ROAD primarily for vehicular service access to the rear or side of LOTS otherwise abutting on a STREET/ROAD. ALLEYS have thirty (30) feet of RIGHT-OF-WAY width or less. For the purposes of enforcing OFFSETS only, ALLEYS shall not be considered STREETS/ROADS. ALTERATION OR RELOCATION OF A WATERCOURSE: Any DEVELOPMENT which changes the direction of flow of water in a river or stream. Any CHANNELIZATION of a river or stream is also considered to be an ALTERATION OR RELOCATION OF A WATERCOURSE. ANIMAL BOARDING: The maintaining of LIVESTOCK, other than those owned by the property owner and where any of the following are provided: shelter, care, feed and water. ANIMAL UNIT: A term and number used to establish an equivalency for various species of LIVESTOCK. The number of LIVESTOCK allowed by right is dependent upon bulk requirements of the A (Agricultural), E (Estate) and R-1 (Low -Density Residential) Zone District. LIVESTOCK in excess of the bulk requirements for the Agricultural Zone District shall require a Use by Special Review Permit for a LIVESTOCK CONFINEMENT OPERATION or ANIMAL BOARDING and animal TRAINING FACILITY. All LIVESTOCK shall have the following ANIMAL UNIT equivalents and bulk requirements contained in Tables 23.1A, 23.1B, and 23.1C, below: Table 23.1A ANIMAL UNITS in the A (Agricultural) Zone District Maximum Number of Animals per Acre ANIMAL UNIT Equivalents Number of Animals Equivalent to One ANIMAL UNIT Less Than 120 Gross Acres Remainder of Table 23.1A — No change. ANIMAL UNIT Equivalents Less than 320 Gross Acres, or a Minimum of 120 Gross Acres Less than 640 Gross Acres, or a Minimum of 320 Gross Acres Table 23.18 ANIMAL UNITS in the E (Estate) Zone District 640 Gross Acres or Greater, or a Minimum of 1 Section Number of Animals Equivalent to One Maximum Number Per Gross ANIMAL UNIT Acre Remainder of Table 23.1 B — No change. PAGE 4 4 of 181 08/02/2019 01:53 P 14 Pages: Carly Koppes, Clerk and Recorder, Weld County, CO M R Fee:$0.00 1111 FAN 1441114iIkiiikN FA IR RI:f TIM MAIM II 1 2019-2621 ORD2019-02 Table 23.1C ANIMAL UNITS in the R-1 (Low -Density Residential) Zone District ANIMAL UNIT Equivalents Number of Animals Equivalent to One ANIMAL Maximum Number Per UNIT LOT Remainder of Table 23.1C — No change. Delete Table 23.1 D. Animal Units in the A-1 (Concentrated Animal) Zone District Any combination of the above LIVESTOCK and their equivalents as a Use by Right shall not exceed the maximum of four (4) ANIMAL UNITS per acre in the A (Agricultural) Zone District on LOTS less than one -hundred twenty (120) gross acres, not to exceed six (6) ANIMAL UNITS per acre on LOTS a minimum of one -hundred twenty (120) gross acres and less than three hundred twenty (320) gross acres, not to exceed eight (8) ANIMAL UNITS per acre on LOTS a minimum of one-half (%) of a Section and less than six hundred forty (640) gross acres, and not to exceed ten (10) ANIMAL UNITS per acre on LOTS six hundred forty (640) gross acres or larger, or one full section. In the E (Estate) Zone District, ANIMAL UNITS shall not exceed one (1) ANIMAL UNIT per gross acre. In the R-1 (Low -Density Residential) Zone District, ANIMAL UNITS shall not exceed two (2) ANIMAL UNITS per LOT. In determining the number of acres in a LOT for the purpose of calculating the number of ANIMAL UNITS allowed as a Use by Right, the total number of contiguously owned or controlled (for example, through lease, easement or dedication) acres shall be included. Such contiguity shall not be affected by the existence of a platted STREET/ROAD or ALLEY, a PUBLIC or private RIGHT-OF-WAY, state or federal PUBLIC lands, or a lake, reservoir, stream or other natural or artificial waterway. ANIMATED SIGN: Any SIGN or components of a SIGN that use movement or change of lighting to depict or give the visual impression of movement, rotation or action, or that create a special effect or scene. APPROACH SURFACE: A surface longitudinally centered on the extended RUNWAY centerline, extending outward and upward from the end of the PRIMARY SURFACE and at the same slope as the APPROACH ZONE HEIGHT limitation slope set forth in Division 1 of Article V of this Chapter. In plan, the perimeter of the APPROACH SURFACE coincides with the perimeter of the APPROACH ZONE. APPROACH ZONE: The Utility Runway Visual Approach Zone, Runway Larger Than Utility Visual Approach Zone, and Precision Instrument Runway Approach Zone as described in Section 23-5-20. Delete APPEAL. AUXILIARY QUARTERS: One (1) or more interconnected rooms permanently attached to or located within a SINGLE-FAMILY DWELLING which are arranged, designed, used or intended for USE as a complete independent living facility for one (1) FAMILY. All AUXILIARY QUARTERS shall comply with the following requirements: a. and b. — No change. c. The GROSS FLOOR AREA of the SINGLE-FAMILY DWELLING shall be no less than one thousand six hundred (1,600) square feet in size. d. and e. - No change. f. The AUXILIARY QUARTERS and the SINGLE-FAMILY DWELLING shall be attached by common roof and foundation. PAGF 5 4511414 Pages: 5 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Kappes, Clerk and Recorder, Weld County, CO WilkINITIV ilk Bill 2019-2621 ORD2019-02 g. — No change. BANNER SIGN: Any SIGN of lightweight fabric or similar material that is permanently mounted to a pole or a BUILDING by a permanent frame or rivet at one (1) or more edges. BASE FLOOD: The FLOOD having a one -percent chance of being equaled or exceeded in any given year. BASE FLOOD ELEVATION (BFE): The elevation shown on a FEMA FIRM that indicates the WATER SURFACE ELEVATION resulting from a FLOOD that has a one -percent chance of equaling or exceeding that level in any given year. BASEMENT: Any floor level below the first story or main floor of a BUILDING, having its floor sub -grade (below ground level) on all sides. The lowest floor of a residential BUILDING, including BASEMENTS, shall be at least one (1) foot above the BASE FLOOD ELEVATION (BFE). Any crawl space with four (4) feet or more between the floor and the ceiling shall be considered to be a BASEMENT. BEACON: Any light with one (1) or more beams directed into the atmosphere or directed at one (1) or more points not on the same ZONE LOT as the light source; also, any light with one (1) or more beams that rotate or move. BED AND BREAKFAST FACILITY: - No change. BEST AVAILABLE DATA: Any FLOOD data available from the federal or state governments or any other source that is utilized by the FLOODPLAIN ADMINISTRATOR to determine the BASE FLOOD ELEVATION or FLOODWAY location. The sources of data may include, but are not limited to: a. FEMA publications such as guidance documents, policy documents, technical bulletins and regulations; b. State publications and regulations; and c. Other published or unpublished FLOOD studies. BILLBOARD: A SIGN which is intended to create an income from the sale or leasing of advertising space. BIOSOLIDS: The accumulated treated residual product resulting from a domestic wastewater treatment works. BIOSOLIDS does not include grit or screenings from a wastewater treatment works, commercial or industrial sludges (regardless of whether the sludges are combined with domestic sewage), sludge generated during treatment of drinking water or DOMESTIC SEPTAGE or industrial septage. BREWERY: Any establishment licensed pursuant to the provisions of Title 44, Article 3, C.R.S., where malt liquors or fermented malt beverages are manufactured, except BREW PUBS. "Malt liquors" are defined in C.R.S. Section 44-3-103(30). "Fermented malt beverages" are defined in C.R.S. Section 44-4-103(1). BREW PUB: A retail establishment licensed pursuant to the provisions of Title 44, Article 3, C.R.S., that manufactures not more than one million eight hundred sixty thousand (1,860,000) gallons of malt liquor and fermented malt beverages on its licensed premises or licensed alternating proprietor licensed premises, combined, each calendar year. "Malt liquors" are defined in C.R.S. Section 44-3-103(30). "Fermented malt beverages" are defined in C.R.S. Section 44-4- 103(1). PA(F F 4511414 Pages: 6 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 2019-2621 ORD2019-02 VIII Fdi'!I I04h4 I aUT!' tit "Ill BUILDABLE LOT: A LEGAL LOT on which it is possible to design and construct a BUILDING in compliance with applicable requirements of this Code and with any VARIANCES granted by the Board of Adjustment. A LEGAL LOT may not necessarily be a BUILDABLE LOT. BUILDING: - No change. Delete BUILDING ENVELOPE. BUILDING HEIGHT: The vertical distance from mean natural grade at foundation to the highest point of the roof or appurtenances, not including CHURCH spires and residential chimneys. BUILDING MARKER: Any SIGN indicating the name of a BUILDING, construction date and incidental information about its construction, or historical data on historic sites, which is cut into a masonry surface or made of bronze or other permanent material. BUILDING, PRINCIPAL: - No change. BUILDING SIGN: Any SIGN attached to any part of a BUILDING, as contrasted to a FREESTANDING SIGN. Includes PROJECTION SIGNS, SUSPENDED SIGNS and WALL SIGNS. BUILDING UNIT For the purpose of obtaining a Weld Oil and Gas Location Assessment, shall mean a Residential Building Unit; and every five thousand (5,000) square feet of building floor area in commercial facilities or every fifteen thousand (15,000) square feet of building floor area in warehouses that are operating and normally occupied during working hours. CAMPING: - No change. CAMPGROUND: An area used for TEMPORARY placement and occupancy of RECREATIONAL VEHICLES or CAMPING tents operated on a COMMERCIAL basis for USE by the public. CANOPY SIGN: Any SIGN that is a part of, or attached to, an awning, canopy or other fabric, plastic or structural protective cover over a door, entrance window or outdoor service area. CARGO CONTAINER: A receptacle with all of the following characteristics: a. thru c. — No change. d. Designed to be easy to fill and empty. e. — No change. CAR WASH: An establishment providing COMMERCIAL cleaning of motor vehicles, not including SEMI -TRAILERS. CELL ON WHEELS (COW): A portable mobile cellular site that provides temporary (up to one (1) year) of network and wireless coverage to locations where cellular coverage is minimal or compromised. CEMETERY: Land used for the burial of human remains and dedicated for memorial purposes, whereby plots are reserved and sold. Includes columbaria and mausoleums. 4511414 Pages: 7 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Koppea, Clerk and Recorder, Weld County, CO PAGE 7 2019-2621 ORD2019-02 CHANGEABLE COPY SIGN: A SIGN or portion thereof with characters, letters or illustrations that can be changed or rearranged without altering the face or the surface of the SIGN. An electronic or digital SIGN on which the message changes more than six revolutions per minute shall be considered an ANIMATED SIGN and not a CHANGEABLE COPY SIGN for purposes of this Chapter. A SIGN on which the only copy that changes is an electronic or mechanical indication of time or temperature shall be considered a "time and temperature" portion of a SIGN and not a CHANGEABLE COPY SIGN for purposes of this Chapter. CHANNEL: The physical confines of a stream or waterway consisting of a bed and stream banks and existing in a variety of geometries. CHANNELIZATION: The artificial creation, enlargement or realignment of a stream CHANNEL. CHILD CARE CENTER: A facility, by whatever name known, which is maintained for the whole or part of a day for the care of five (5) or more children who are eighteen (18) years of age or younger and not related to the owner, operator or manager thereof, whether such facility is operated with or without compensation for such care and with or without stated educational purposes, as further defined in C.R.S. Section 26-6-102(5). CHURCH: A BUILDING or STRUCTURE, or groups of BUILDINGS or STRUCTURES, that by design and construction are primarily intended for conducting organized religious services and associated ACCESSORY USES. Delete Table 23-1 D. Land Use Process for Churches. Delete CLUSTER. CO -LOCATION: Locating TELECOMMUNICATION ANTENNAS or other wireless communications equipment for more than one (1) provider on a single STRUCTURE. COMMERCIAL: An activity where goods, products or services are bought, sold or transferred in ownership on a fee, contract or barter basis excluding those USES listed by right and ACCESSORY USES in the A (Agricultural) Zone District. Delete COMMUNITY BUILDINGS. COMMERCIAL MESSAGE: Any SIGN wording, logo or other representation that, directly or indirectly, names, advertises or calls attention to a business, product, service or other COMMERCIAL activity. COMMERCIAL JUNKYARD: An open or ENCLOSED area where any waste, JUNK or used or secondhand materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including, but not limited, to scrap iron and other metals, paper, rags, rubber tires and bottles. A COMMERCIAL JUNKYARD also includes the storage or keeping of DERELICT VEHICLES. COMMERCIAL MINERAL DEPOSIT: - No change. COMMERCIAL SCHOOL: A SCHOOL established to provide on -site training of business, trade, commercial, industrial, clerical, managerial or artistic skills, such as a beauty SCHOOL, ceramic store or driving SCHOOL. This definition applies to SCHOOLS that are owned and operated privately for profit and that do not typically offer a complete educational curriculum. This classification excludes establishments that provide training in an activity that is not otherwise generally permitted in the zone district. Incidental instructional services in conjunction with another primary USE, such as HOME BUSINESSES with classes of six (6) or fewer students, shall not be considered a COMMERCIAL SCHOOL. PMCZP R 4511414 Pages: 8 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County, CO 2019-2621 ORD2019-02 III V COMMERCIAL STORAGE BUILDINGS: A BUILDING or group of BUILDINGS consisting of individual, self-contained units leased for ENCLOSED self-service storage of personal property. COMMERCIAL VEHICLE: Any vehicle used or previously used COMMERCIALLY, excluding those USES listed by right in the A (Agricultural) Zone District. A COMMERCIAL VEHICLE shall include, but is not limited to, semi -tractors and SEMI -TRAILERS, dump trucks, construction equipment, box trucks, tow trucks, and vehicles such as taxis and ride -sharing vehicles used to transport passengers for a fee. A COMMERCIAL VEHICLE shall not be allowed to deteriorate to the condition of a DERELICT VEHICLE or be utilized as a storage unit, unless the USE is allowed through the zone district. For the purposes of enforcement, two -axle passenger motor vehicles, as defined in C.R.S. Section 42-1-102(58), which could be utilized in everyday personal transport, and which are used COMMERCIALLY, such as but not limited to taxis, ride -sharing vehicles, and work pick-up trucks, may be allowed in any zone district without requirement of any permits provided they are operated solely by residents thereof. Delete COMMON OPEN SPACE. COMMUNITY BUILDINGS: Governmental and non-profit BUILDINGS, including but not limited to libraries, post offices, and museums, and quasi -PUBLIC BUILDINGS for the members of a group, including but not limited to community clubhouses owned by homeowners' associations, fraternal lodges, grange halls, and agricultural organization offices. COMPLETE APPLICATION: - No change. COMPREHENSIVE PLAN: - No change. CONDITIONAL LETTER OF MAP REVISION (CLOMR): FEMA's comment on a proposed project which does not revise an effective FLOODPLAIN map and would, upon construction, affect the hydrologic or hydraulic characteristics of a FLOODING source and thus result in the modification of the existing regulatory FLOODPLAIN. CONICAL SURFACE: A surface extending outward and upward from the periphery of the HORIZONTAL SURFACE at a slope of twenty (20) to one (1) for a horizontal distance of four thousand (4,000) feet. CONICAL ZONE: The area described as CONICAL ZONE in Section 23-5-20. Delete CONSERVATION EASEMENT. Delete CONSTRUCTION TRAILER. CONTRACTOR'S SHOPS: - No change. CORRECTIONAL FACILITY: - No change. COUNTY: - No change. CRAWLSPACE, BELOW GRADE: A BELOW GRADE CRAWLSPACE is a crawlspace that has an interior grade no more than two (2) feet lower than the exterior grade and is below the BASE FLOOD ELEVATION. All BELOW GRADE CRAWLSPACES shall comply with Technical Bulletin 11, as amended, of the Federal Emergency Management Agency. CRITICAL FACILITY: A STRUCTURE or related infrastructure, but not the land upon which it is situated, that, if flooded, may result in significant hazards to public health and safety or interrupt essential services and operations for the COUNTY at any time before, during or after a FLOOD. CRITICAL FACILITIES are classified under the following categories: (A) Essential Services; (B) Hazardous Materials; (C) At -Risk Populations; and (D) Vital to Restoring Normal Services. 4511414 Pages: 9 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County, CO 1111 IOWAN VOW* Bill 2019-2621 ORD2019-02 a. Essential Services CRITICAL FACILITIES. 1) Essential Service CRITICAL FACILITIES include, but are not limited to: a) Public safety facilities such as police stations, fire and rescue stations, emergency vehicles and equipment storage and emergency operations centers; b) Emergency medical facilities such as HOSPITALS, ambulance service centers, urgent care centers with emergency treatment functions and non -ambulatory surgical STRUCTURES, but excluding clinics, doctors' offices and non -urgent care medical STRUCTURES that do not provide emergency treatment functions; c) Designated emergency shelters; d) Communications systems such as main telephone hubs, broadcasting equipment for cable systems, satellite TV systems, cellular phone systems, television, radio and other types of emergency warning systems, but excluding the towers, poles, cables and conduits; e) PUBLIC utility plant facilities for generation and distribution, such as hubs, SEWAGE TREATMENT PLANTS, SUBSTATIONS and pumping stations for water, power and gas, but not including the towers, poles, power lines, buried pipelines, transmission lines, distribution lines and service lines; and f) Air transportation lifelines such as AIRPORTS (municipal and larger), helicopter pads and STRUCTURES serving emergency functions, and associated infrastructure (aviation control towers, air traffic control centers and emergency equipment aircraft hangars). 2) Specific exemptions to Essential Service CRITICAL FACILITIES include wastewater treatment plants, nonpotable water treatment plants, hydroelectric power -generating plants and related appurtenances. 3) Public utility plant facilities may be exempted from the definition of Essential Service CRITICAL FACILITIES if it is demonstrated that the facility is an element of a redundant system for which service will not be interrupted during a FLOOD. At a minimum, it shall be demonstrated that redundant facilities are available (either owned by the same utility or available through an intergovernmental agreement or other contract) and connected, the alternative facilities are either located outside of the 100 -YEAR FLOODPLAIN or are compliant with the provisions of this ORDINANCE, and an operations plan is in effect that states how redundant systems will provide service to the affected area in the event of a FLOOD. Evidence of ongoing redundancy shall be provided upon request. b. Hazardous Materials CRITICAL FACILITIES. 1) Hazardous Materials CRITICAL FACILITIES include, but are not limited to: a) Chemical and pharmaceutical plants; b) Laboratories containing highly volatile, flammable, explosive, toxic and/or water -reactive materials; c) PETROLEUM REFINERIES; d) Hazardous waste storage and disposal sites; e) Aboveground gasoline or propane storage or sales centers; 4511414 Pages: 10 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County, CO 2019-2621 ORD2019-02 1111 I rd 11111 f) Facilities which produce or store chemicals in quantities in excess of regulated threshold limits. If the owner of a facility is required by OSHA to keep a Material Safety Data Sheet (MSDS) on file for any chemical stored or used in the workplace and the chemical is stored in quantities equal to or greater than the regulated United States Environmental Protection Agency Threshold Planning Quantity for that chemical, then that facility will be considered a CRITICAL FACILITY. 2) Specific exemptions to Hazardous Materials CRITICAL FACILITIES include: a) Finished consumer products within retail centers and households containing hazardous materials intended for household use and agricultural products intended for agricultural use; b) BUILDINGS or other STRUCTURES containing hazardous materials for which it can be demonstrated to the satisfaction of the COUNTY by hazard assessment and certification by a qualified professional that a release of the subject hazardous material does not pose a major threat to the public; or c) Pharmaceutical sales, use, storage and distribution centers that do not manufacture pharmaceutical products. c. At -Risk Populations CRITICAL FACILITIES. 1) At -risk population facilities include, but are not limited to: a) Elder care facilities, including nursing homes; b) Congregate care serving twelve (12) or more individuals, including CHILD CARE CENTERS, FAMILY CHILD CARE HOMES and assisted living facilities; and c) PUBLIC and private SCHOOLS, including preschools, K-12 SCHOOLS and before- and after -school daycare serving twelve (12) or more children. d. CRITICAL FACILITIES Vital to Restoring Normal Services. 1) CRITICAL FACILITIES Vital to Restoring Normal Services include, but are not limited to: a) Essential government operations, including public records, courts, jails, building permitting, inspections services, community administration and management, maintenance and equipment centers; and b) Essential STRUCTURES for PUBLIC colleges and universities, including dormitories, OFFICES and classrooms. 2) CRITICAL FACILITIES Vital to Restoring Normal Services listed in Paragraph 1) above may be exempted from the definition of CRITICAL FACILITIES if it is demonstrated that the facility is an element of a redundant system for which service will not be interrupted during a FLOOD. At a minimum, it shall be demonstrated that redundant facilities are available (either owned by the same utility or available through an intergovernmental agreement or other contract) and connected, the alternative facilities are either located outside of the 100 -YEAR FLOODPLAIN or are compliant with the provisions of this ORDINANCE, and an operations plan is in effect that states how redundant systems will provide service to the affected area in the event of a FLOOD. Evidence of ongoing redundancy shall be provided upon request. nnr'c e1 4511414 Pages: 11 08/02/2019 01:53 PM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County, CO 1111 AIONli�i I ,� Yr � �I �I II 2019-2621 ORD2019-02 e. Exemptions listed for particular categories of CRITICAL FACILITIES shall not apply to STRUCTURES or related infrastructure that also function as CRITICAL FACILITIES under another category outlined in this definition. DAIRY: An establishment for the primary production and subsequent sale or distribution of milk and/or milk products. See LIVESTOCK CONFINEMENT OPERATION. DERELICT MANUFACTURED OR MOBILE HOME: A MANUFACTURED HOME or mobile home that is partially or totally damaged by fire, earthquake, wind or other natural causes, or is in a state of general dilapidation, deterioration or decay resulting from improper lack of maintenance, vandalism or infestation with vermin or rodents. A MANUFACTURED HOME shall not be allowed to deteriorate to the condition of a DERELICT MANUFACTURED OR MOBILE HOME. Any such DERELICT MANUFACTURED OR MOBILE HOME shall be returned to and maintained in the condition as originally established on site and as inspected by the Building Inspection Department, or it shall be removed from the site. DERELICT SIGN: A SIGN that is partially or totally damaged by fire, earthquake, wind or other natural causes, or is in a state of general dilapidation, deterioration or decay resulting from improper or lack of maintenance, vandalism or infestation with vermin or rodents. DERELICT VEHICLE: A vehicle that is inoperable (unable to move under its own power); is partially or totally dismantled; has all or portions of its body work missing or is substantially damaged; does not have valid registration with the State, as required by C.R.S. Sections 42-4-202(4), 42-12-301 or 42-12-401, and/or the number plate assigned to it is not permanently attached to the vehicle, as required by C.R.S. Section 42-3-202; or is lacking proper equipment to the extent that it would be unsafe or illegal to USE on PUBLIC STREET/ROAD RIGHTS -OF -WAY or otherwise not equipped with lamps and other equipment, as required in C.R.S. Sections 42-4-204 to 42-2-230. This definition shall not include implements of husbandry, farm tractors or vehicles customarily operated in a FARMING operation. Delete DEVELOPER. DEVELOPMENT: The placement, construction, erection, reconstruction, movement and/or alteration of BUILDINGS and/or other STRUCTURES, the placement of paved areas, drainage improvements or alterations on the historic flow of drainage patterns or amounts, and the placement of lighting and/or other appurtenances related to any and all USES, excluding OIL AND GAS FACILITIES. Includes any man-made change to improved or unimproved real estate, including but not limited to BUILDINGS or other STRUCTURES, MINING, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. DEVELOPMENT SIGN: A FREESTANDING SIGN maintained by a DEVELOPMENT'S homeowners' association and located on property owned by the homeowners' association. The SIGN may contain the name, symbol or location of a PLANNED UNIT DEVELOPMENT or SUBDIVISION. PLANNED UNIT DEVELOPMENTS with COMMERCIAL and/or industrial USES may include the names of the businesses in the DEVELOPMENT on the DEVELOPMENT SIGN. DEVELOPMENT STANDARDS: A list of items that are compiled and approved by the COUNTY that governs the USE and/or operation of a Special Review Permit or Site Plan Review. The list is placed on the Special Review Permit map or Site Plan Review map prior to recording the map with the County Clerk and Recorder. DISTILLERY: Any establishment licensed pursuant to the provisions of Title 44, Article 3, C.R.S., where spirituous liquors are manufactured. "Spirituous liquors" are defined in C.R.S. Section 44-3-103(54). 4511414 Pages: 12 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 2019-2621 ORD2019-02 DISTRIBUTION CENTER: A BUILDING where goods are stored for distribution to a retailer or other destination. DOMESTIC SEPTAGE: Liquid or solid material removed from a septic tank, cesspool, portable toilet, Type III marine sanitation device or similar treatment works that receives only domestic sewage. DOMESTIC SEPTAGE does not include liquid or solid material removed from a septic tank, cesspool or similar treatment works that receives either commercial wastewater or industrial wastewater and does not include grease removed from a grease trap at a RESTAURANT. DOMESTIC WATER: - No change. Delete DOUBLE FRONTAGE. DWELLING, DUPLEX: A BUILDING, other than a MANUFACTURED HOME, containing two (2) DWELLING UNITS, each occupied by not more than one (1) LIVING UNIT. DWELLING, MULTI -FAMILY: A BUILDING other than a MANUFACTURED HOME, containing three (3) or more DWELLING UNITS, each occupied by not more than one (1) LIVING UNIT. DWELLING, SINGLE-FAMILY: A DWELLING UNIT arranged, designed and intended to be occupied by not more than one (1) LIVING UNIT. Delete DWELLING, THREE-FAMILY/TRIPLEX. Delete DWELLING, TWO-FAMILY/DUPLEX. DWELLING UNIT: - No change. ELECTRIC TRANSMISSION LINES: - No change. ELEVATE: To build or raise a STRUCTURE to a minimum of one (1) foot above the BASE FLOOD ELEVATION. ELEVATED BUILDING: A BUILDING without a BASEMENT and: a. Built, in the case of a BUILDING in Zones A1-30, AE, A, A99, AO, AH, B, C, X and D, to have the top of the ELEVATED floor above the ground level by means of pilings, columns (posts and piers) or shear walls parallel to the floor of the water; and b. Adequately anchored so as not to impair the structural integrity of the BUILDING during a FLOOD of up to the magnitude of the BASE FLOOD. In the case of Zones A1-30, AE, A, A99, AO, AH, B, C, X and D, ELEVATED BUILDING also includes a BUILDING ELEVATED by means of FILL or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of FLOOD waters. ENCLOSED: - No change. EVENT FACILITY: A USE providing a gathering space for rent for weddings, business meetings, and similar events not open to the general public. EXISTING CONSTRUCTION: STRUCTURES for which the START OF CONSTRUCTION commenced before the effective date of the FLOOD INSURANCE RATE MAP (FIRM). EXISTING CONSTRUCTION is synonymous with the term "existing structure". 4511414 Pages: 13 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Koppaa, Clark and Recorder, Wald County, CO VIII I ��G lKrl�h 'U N� r I� h�N�� FLw�'��k�Y4rh 11111 3 2019-2621 ORD2019-02 EXISTING MANUFACTURED HOME PARK OR SUBDIVISION: A MANUFACTURED HOME PARK OR SUBDIVISION for which the construction of facilities for servicing the LOTS on which the MANUFACTURED HOMES are to be affixed (including, at a minimum, the installation of utilities, construction of STREETS/ROADS and either final site grading or the pouring of concrete pads) is completed before the effective date of the COUNTY adoption of the FLOODPLAIN MANAGEMENT ORDINANCE. EXOTIC ANIMAL: - No change. EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION: The preparation of additional sites by the construction of facilities for servicing the LOTS on which the MANUFACTURED HOMES are to be affixed (including, at a minimum, the installation of utilities, the construction of STREETS/ROADS and either final site grading or the pouring of concrete pads). EXTRACTOR: Any individual, partnership, association or corporation which extracts COMMERCIAL MINERAL DEPOSITS for USE in the business of selling such deposits or for USE in another business owned by the EXTRACTOR or any department or division of federal, state, county or municipal government which extracts such deposits. FAMILY: - No change. FAMILY CHILD CARE HOME: A facility for child care in a place of residence of a family or person for the purpose of providing less than twenty -four-hour care for children under the age of eighteen (18) years who are not related to the head of such home, as further defined in C.R.S. Section 26-6-102(13). Delete FARM, RANCH AND GARDEN BUILDINGS AND USES. FARMING: The cultivation of land; the growing, storage, drying, and/or seasonal sale of crops, plants, flowers, and nursery stock raised on the premises; and ranching and/or the raising of LIVESTOCK, excluding LIVESTOCK CONFINEMENT OPERATIONS. FARMING also includes TEMPORARY storage and sorting of in -transit crops, plants, flowers, and nursery stock not raised or for sale on the premises. See also AGRICULTURAL PRODUCTION. FARMLAND - U.S. DEPARTMENT OF AGRICULTURE, SOIL CONSERVATION SERVICES: The availability of a consistent supply of clean water must exist in order to have prime FARMLAND. Prime FARMLAND is land that has the best combination of physical and chemical characteristics for producing food, feed, forage, fiber and oilseed crops, and is also available for these USES (the land could be cropland, pastureland, rangeland, forest land or other land, but not urban build-up land or water). It has the soil quality, growing season and moisture supply needed to economically produce sustained high yields of crops when treated and managed, including water management, according to acceptable FARMING methods. In general, FARMLANDS have an adequate and dependable water supply from precipitation or irrigation, a favorable temperature and growing season, salt and sodium content and few or no rocks. Prime FARMLANDS are permeable to water and air. Prime FARMLANDS are not excessively erodible or saturated with water for a long period of time, and they either do not FLOOD frequently or are protected from FLOODING. (U.S. Department of Agriculture, Soil Conservation Services [Special Series 17], January 1980; additional supplements.) FARMLAND - WELD COUNTY NONPRIME: - No change. FARMLAND - WELD COUNTY PRIME: - No change. FILL: Any material such as earth, clay, sand, concrete, rubble or waste of any kind which is placed or stored upon the surface of the ground. PA(F 14 4511414 Pages: 14 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 2019-2621 ORD2019-02 1111 iiIV ALOli Y tiPVd kialgaillrIttlimill II FISHING: - No change. FLAG: Any fabric, banner or bunting containing distinctive colors, patterns or symbol of the United States, the State, the County, foreign nations having diplomatic relations with the United States and any other FLAG adopted or sanctioned by an elected legislative body of competent jurisdiction. These FLAGS shall be flown in accordance with protocol established by the Congress of the United States for the Stars and Stripes. Any FLAG not meeting any one (1) or more of these conditions shall be considered a BANNER SIGN and shall be subject to regulation as such. FLOATABLE MATERIALS: Any material that is not secured in place that could float offsite during the occurrence of a FLOOD and potentially cause harm to downstream property owners or that could cause blockage of a culvert, bridge or other drainage facility. FLOATABLE MATERIALS include, but are not limited to, lumber, vehicles, boats, equipment, drums or other containers or pieces of material that are likely to float. Delete FLOOD. FLOOD or FLOODING: A general and temporary condition of partial or complete inundation of normally dry land areas from: a. The overflow of water from CHANNELS and reservoir spillways; and/or b. The unusual and rapid accumulation or runoff of surface waters from any source. FLOOD BOUNDARY AND FLOODWAY MAP (FBFM): The official map on which FEMA has delineated SPECIAL FLOOD HAZARD AREAS, FLOODWAYS and the risk premium zones applicable to the COUNTY. FLOOD INSURANCE RATE MAP (FIRM): The official map on which FEMA has delineated both the SPECIAL FLOOD HAZARD AREAS and the risk premium zones applicable to the COUNTY. FLOOD INSURANCE STUDY (FIS): The official report provided by FEMA that includes FLOOD profiles, the FLOOD BOUNDARY AND FLOODWAY MAP and the WATER SURFACE ELEVATION of the BASE FLOOD. FLOODPLAIN or FLOOD -PRONE AREA: Any land area susceptible to being inundated as a result of a FLOOD, including the area of land over which floodwater would flow from the spillway of a reservoir. The FEMA-mapped FLOODPLAINS are shown on FEMA's DFIRM, FIRM and FBFM maps. FLOODPLAIN ADMINISTRATOR: The designated COUNTY official responsible for administering and enforcing this ORDINANCE. FLOODPLAIN DEVELOPMENT PERMIT: A permit required before construction or DEVELOPMENT begins within any SPECIAL FLOOD HAZARD AREA (SFHA). Permits are required to ensure that proposed DEVELOPMENT projects meet the requirements of the National Flood Insurance Program and this ORDINANCE. FLOODPLAIN MANAGEMENT: The operation of an overall program of corrective and preventative measures for reducing FLOOD damage, including but not limited to emergency preparedness plans, FLOOD control works and enactment and updating of this ORDINANCE. FLOODPLAIN MANAGEMENT ORDINANCE (ORDINANCE): Ordinance enacted by the Board of Weld County Commissioners pursuant to Title 29, Article 20 and Title 30, Article 28, C.R.S., for the purpose of FLOOD damage prevention and reduction. 4511414 Pages: 1°i of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Koppea, Clerk and Recorder, Weld County, CO VIIII ��IaW�R �rl�'G+ li'flliCIiISID4141IIII 5 2019-2621 ORD2019-02 FLOODPROOF or FLOODPROOFING: Any combination of structural and nonstructural designs, changes or adjustments to STRUCTURES, with the exception of steel rings surrounding oil and gas storage vessels, which reduce or eliminate FLOOD damage to real estate, improved real property, water and sanitary sewer facilities, and STRUCTURES and their contents. FLOODWAY (REGULATORY FLOODWAY): The CHANNEL of a river or other WATERCOURSE and the ADJACENT land areas that must be reserved in order to discharge the BASE FLOOD without cumulatively increasing the WATER SURFACE ELEVATION more than a designated height. The statewide standard for the designated height to be used for all newly studied reaches shall be one-half ('/) foot (six [6] inches). Holders of valid LETTERS OF MAP REVISION to existing FLOODWAY delineations may continue to use the FLOODWAY criteria in place at the time of the existing FLOODWAY delineation by FEMA. FEMA's mapped FLOODWAYS are shown on the FIRM and FBFM maps. FLOWLINES: A segment of pipe transferring oil, gas, or condensate between a wellhead and PROCESSING equipment to the load point or point of delivery to a U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration or Colorado Public Utilities Commission regulated gathering line or a segment of pipe transferring produced water between a wellhead and the point of disposal, discharge, or loading. This definition of FLOWLINE does not include a gathering line. The different types of FLOWLINES are: Wellhead Line: A FLOWLINE that transfers well production fluids from an oil or gas well to process equipment (e.g., separator, production separator, tank, heater treater), not including preconditioning equipment such as sand traps and line heaters, which do not materially reduce line pressure. Production Piping: A segment of pipe that transfers well production fluids from a wellhead line or production equipment to a gathering line or storage vessel and includes the following: Production Line: A FLOWLINE connecting a separator to a meter, LACT, or gathering line; Dump Line: A FLOWLINE that transfers produced water, crude oil, or condensate to a storage tank, pit, or process vessel and operates at or near atmospheric pressure at the flowline's outlet; Manifold Piping: A FLOWLINE that transfers fluids into a piece of production facility equipment from lines that have been joined together to comingle fluids; and Process Piping: All other piping that is integral to oil and gas exploration and production related to an individual piece or a set of production facility equipment pieces. Off -Location Flowline: A FLOWLINE transferring produced fluids (crude oil, natural gas, condensate, or produced water) from an OIL AND GAS LOCATION to a production facility, injection facility, pit, or discharge point that is not on the same OIL AND GAS LOCATION. This definition also includes FLOWLINES connecting to gas compressors or gas plants. Peripheral Piping: A FLOWLINE that transfers fluids such as fuel gas, lift gas, instrument gas, or power fluids between OIL AND GAS FACILITIES for lease use. Produced Water Flowline: A FLOWLINE on the OIL AND GAS LOCATION used to transfer produced water for treatment, storage, discharge, injection or reuse for oil and gas operations. A segment of pipe transferring only freshwater is not a FLOWLINE. FOSTER CARE HOME: A home certified by the County or a child placement agency for child care in the residence of a person or FAMILY for the purpose of providing twenty -four-hour care for one (1) or more children under the age of twenty-one (21), as further defined in C.R.S. Section 26-6-102(13), and includes kinship foster care homes, as defined by C.R.S. Section 26-2-102(21). IDA(_C 4511414 Pages: 16 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County, CO VIII MAYAN JNINI41114 11 III 2019-2621 ORD2019-02 FREESTANDING SIGN: Any SIGN supported by STRUCTURES or supports that are placed on, or anchored in, the ground and that are independent from any BUILDING or other STRUCTURE. Does not include BILLBOARDS or OFF -SITE DIRECTIONAL SIGNS. FUNERAL HOME: - No change. GARDENING: The cultivation of plants without the use of tractors or other heavy machinery, including PUBLIC or private community gardens. GEOLOGIC HAZARD: The hazard posed to human life or property by GROUND SUBSIDENCE and/or seismic activity. GEOLOGIC HAZARD AREA: An area located over a bedrock fault or coal mine, as designated by the U.S. Geological Survey on the map titled Extent of Abandoned Coal -Mine Workings and Locations of Mine Shafts, Adits, Air Shafts, and Faults, as amended. [Available online at https://pubs.usgs.gov/imap/i-2735/i-2735.pdf.] GREELEY-WELD COUNTY AIRPORT: The AIRPORT located in Sections 2 and 3, T5N, and Sections 26 and 35, T6N, R65W of the 6th P.M., Weld County, Colorado. GROSS FLOOR AREA: The total floor area of each horizontal level of a BUILDING, including habitable penthouses and attic space, but not including vent shafts, courts or uninhabitable areas below ground level or in attics. GROUND SUBSIDENCE: - No change. GROUP HOME FACILITY: A facility which is licensed by the State, and/or authorized or regulated by either the state or federal government or both, and which provides non -institutionalized housing for a group of persons living as a single housekeeping unit, as determined by reference to C.R.S. Section 30-28-115. A GROUP HOME FACILITY shall be for one (1) of the following groups: a. A group of no more than eight (8) persons with intellectual and developmental disabilities in a state -licensed group home, as referred to in C.R.S. Section 30-28-115(2)(a); b. A group of not more than eight (8) persons with behavioral and mental health disorders living in a state -licensed group home, as referred to in C.R.S. Section 30-28-115(2)(b.5), and not located within seven hundred fifty (750) feet of another GROUP HOME FACILITY; or c. A group of not more than eight (8) persons, sixty (60) years of age or older, who do not need nursing facilities, as referred to in C.R.S. Section 30-28-115(2)(b), and not located within seven hundred fifty (750) feet of another such GROUP HOME FACILITY. Group homes that do not meet the conditions listed above shall be considered RESIDENTIAL THERAPEUTIC CENTERS for the purposes of this Code. HAZARD TO AIR NAVIGATION: An obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace. Delete HAZARD AREA. HEAVY MANUFACTURING - PROCESSING: The manufacture or compounding process of raw materials. These activities or processes necessitate the storage of large volumes of highly flammable, toxic materials or explosive materials needed for the manufacturing process. These activities may involve outdoor operations as part of the manufacturing process. Examples include ethanol, synthetic fertilizer, and tire manufacturing plants. 4511414 Pages: 17 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Koppes, Clerk and Reoorder, Weld County, CO VIII h4�s>rNk rill I PAO.F 17 2019-2621 ORD2019-02 HEIGHT: For the purpose of determining the HEIGHT limits in all GREELEY-WELD COUNTY AIRPORT zones set forth in Division 1 of Article V of this Chapter, the datum shall be MEAN SEA LEVEL elevation unless otherwise specified. HELIPORT: An area designed and used for the landing, takeoff, maintenance, and fueling of helicopters. HIGHEST ADJACENT GRADE: The highest natural elevation of the ground surface prior to construction next to the proposed walls of a STRUCTURE. HISTORIC STRUCTURE: Any STRUCTURE that is: a. Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the United States Secretary of the Interior as meeting the requirements for individual listing on the National Register; b. Certified or preliminarily determined by the United States Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; c. Individually listed on the State inventory of historic places; or d. Individually listed on the State inventory of historic places in communities with historic preservation programs that have been certified by the State. HISTORIC TOWNSITE: A group of LOTS, tracts, or parcels of land created by recording a plat or map which shows the boundaries of such LOTS, tracts, or parcels and the original parcel from which they were created, recorded prior to September 20, 1961. HISTORIC TOWNSITE includes all property within such plat or map, whether or not amended or resubdivided by subsequent plat or map, except for any property removed from said plat or map with approval by the Board of County Commissioners. HOME BUSINESS: A USE incidental to the principal permitted USE for gainful employment of the FAMILY residing on the property, where: a. and b. — No change. A HOME BUSINESS shall not include the following: clinic, HOSPITAL, nursing home, animal hospital, HOTEL/MOTEL, RESTAURANT, FUNERAL HOME, or organized classes where more than six (6) persons meet together for instruction on a regular basis (does not include classes sponsored by a PUBLIC SCHOOL). HOME OCCUPATION: A USE incidental to the principal permitted USE for gainful employment of the FAMILY residing on the property, where the HOME OCCUPATION complies with the requirements of Section 23-4-990. A HOME OCCUPATION shall not include the following: clinic, HOSPITAL, nursing home, animal hospital, HOTEL/MOTEL, RESTAURANT, FUNERAL HOME, vehicle or boat repair (including painting) or organized classes where more than six (6) persons meet together for instruction on a regular basis (does not include classes sponsored by a PUBLIC SCHOOL). Examples of CLASS I HOME OCCUPATIONS include, but are not limited to, home offices (no customers), cake decoration, and internet sales. A FAMILY CHILD CARE HOME shall also be considered a CLASS I HOME OCCUPATION. Examples of CLASS II HOME OCCUPATIONS include, but are not limited to, hair salons, MASSAGE PARLORS, welding shops, and tax preparation offices with customers. 4511414 Pages: 18 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Koppea, Clerk and Recorder, Weld County, CO IIIII INTIMIFIViii" 'I1.1CNIKIIIII11MM111 h 111111 2019-2621 ORD2019-02 HORIZONTAL SURFACE: A horizontal plane one hundred fifty (150) feet above the established AIRPORT ELEVATION, the perimeter of which in plan coincides with the perimeter of the HORIZONTAL ZONE (four thousand eight hundred forty [4,840] feet above MEAN SEA LEVEL). HORIZONTAL ZONE: The area described as HORIZONTAL ZONE in Section 23-5-20. HOSPITAL: - No change. HOTEL/MOTEL: - No change. HOUSEHOLD PETS: - No change. HUNTING: - No change. HUNTING LODGE: Lodging accommodations for short-term guests where the primary attraction is HUNTING. IDENTIFICATION SIGN: A SIGN that only contains the address and name of the occupant. INCIDENTAL SIGN: A SIGN, generally informational, that has a purpose secondary to the USE of the ZONE LOT on which it is located, such as "no parking," "entrance," "loading only," "telephone" and other similar directives. No SIGN with a COMMERCIAL MESSAGE legible from a position off the ZONE LOT on which the SIGN is located shall be considered an INCIDENTAL SIGN. Delete INSTRUMENT RUNWAY. JUNK: - No change. KENNEL: Any place where five (5) or more HOUSEHOLD PETS of one (1) species, or a total of eight (8) or more HOUSEHOLD PETS of two (2) or more species, are kept or maintained, with the following exceptions: a. On a LOT of at least ten (10) acres that is zoned A (Agricultural) and not in a SUBDIVISION or HISTORIC TOWNSITE, the owner or occupant shall be permitted to keep or maintain the following without being considered a KENNEL: no more than eight (8) HOUSEHOLD PETS of one (1) species, or sixteen (16) HOUSEHOLD PETS of two (2) or more species and, in addition, no more than thirty (30) birds. b. On other LOTS zoned A (Agricultural), a Zoning Permit may be granted in accordance with Division 17 of Article IV of this Chapter for the following without being considered a KENNEL: no more than eight (8) HOUSEHOLD PETS of one (1) species, or sixteen (16) HOUSEHOLD PETS of two (2) or more species and, in addition, no more than thirty (30) birds. c. PET SHOPS. d. Veterinary clinics. e. Animal hospitals. LANDSCAPE: Includes any combination of living plants, such as trees, shrubs, vines, ground covers, flowers or turf, and may include natural features such as rock, stone and bark, and architectural features including, but not limited to, fountains, reflecting pools, art works, screen walls, fences, STREET/ROAD furniture, walks, decks and ornamental concrete or stonework. Delete LANDSCAPE MAINTENANCE. LANDSCAPING COMPANIES: Businesses principally engaged in the sale and/or installation of LANDSCAPE materials. PAr,F 19 4511414 Pages: 19 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Kappa!, Clerk and Recorder, Weld County, CO 2019-2621 ORD2019-02 LARGER THAN UTILITY RUNWAY: A RUNWAY that is constructed for and intended to be used by propeller -driven aircraft of greater than twelve thousand five hundred (12,500) pounds maximum gross weight and jet -powered aircraft. LARGE SCALE SOLAR FACILITY: A facility 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, 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. LEGAL LOT: As used in this Chapter, the term LEGAL LOT shall refer to any of the following: a. A LOT within a HISTORIC TOWNSITE. b. A LOT created prior to September 20, 1961. c. A LOT created between September 20, 1961, and December 10, 1992, in compliance with the Official Subdivision Regulations, Weld County, Colorado, as amended (referred to as the "Weld County Subdivision Regulations"), and in conformance with the bulk requirements and other regulations of the zone district where the LOT is located. d. A LOT created between December 10, 1992, and December 18, 2000, in compliance with the Weld County Subdivision Ordinance, Ordinance No. 173, as amended, and in conformance with the bulk requirements and other regulations of the zone district where the LOT is located. e. Any LOT created after December 18, 2000, in compliance with Chapter 24 of the Weld County Code, and in conformance with the bulk requirements and other regulations of the zone district where the LOT is located. A LEGAL LOT may not necessarily be a BUILDABLE LOT. LETTER OF MAP CHANGE (LOMC): An official revision to currently effective FEMA maps. A LOMC can be in the form of a LOMR, LOMA, LOMR-F or PMR. LETTER OF MAP AMENDMENT (LOMA): A letter from FEMA officially revising the effective FIRM and FEMA's acknowledgment that a property is not located in a SPECIAL FLOOD HAZARD AREA. LETTER OF MAP REVISION (LOMR): A letter from FEMA officially revising the effective FEMA maps and showing changes in FLOOD zones, delineations and elevations. LETTER OF MAP REVISION BASED ON FILL (LOMR-F): FEMA's modification of the FLOODPLAIN shown on the FIRM based on the placement of FILL outside of the existing regulatory FLOODWAY. LEVEE: A man-made STRUCTURE, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary FLOODING. LEVEE SYSTEM: A FLOOD protection system which consists of a LEVEE or LEVEES and associated STRUCTURES, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices. 4511414 Pages: 20 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Kopp's, Clerk and Reoorder, Weld County, CO VIII Irdiviravariol Rf S half eK7114 44 "III 2019-2621 ORD2019-02 LIVESTOCK: - No change. LIVESTOCK CONFINEMENT OPERATION (L.C.O.): A place of confinement for LIVESTOCK, corralled, penned or otherwise caused to remain in pens or corrals, where feeding is other than grazing, and where the capacity at any one (1) time is greater than permitted in the bulk requirements for the zoning district in which it is located. An L.C.O. may include DAIRIES, feedlots and poultry and swine production facilities. LIVING UNIT: - No change. LOT: A contiguous tract or parcel of land in unified ownership, with defined boundaries, described by metes and bounds, by reference to aliquot parts of a section or sections, or by reference to a land survey plat recorded in the Office of the Weld County Clerk and Recorder. A LOT constitutes the basic unit of DEVELOPMENT. LOT COVERAGE: The maximum percentage of a LOT'S total area that may be covered with BUILDINGS and impervious surfaces. LOWEST FLOOR: The LOWEST FLOOR of the lowest enclosed area, including any crawlspace or BASEMENT. Any floor used for living purposes which includes working, storage, sleeping, cooking, and eating or recreation, or any combination thereof. This includes any floor that could be converted to such a use, such as a BASEMENT or crawlspace. Any unfinished or FLOOD -resistant enclosure, usable solely for parking of vehicles, BUILDING access or storage in an area other than a BASEMENT area, is not considered a BUILDING'S LOWEST FLOOR; provided that such enclosure is not built so as to render the STRUCTURE in violation of the applicable non -elevation requirement of 44 CFR 60.3. Delete LOW GROUND SUBSIDENCE HAZARD AREA. LUMBERYARD/WOODWORKING: An establishment where BUILDING materials are sold. LUMBERYARDS may also process lumber by performing millwork, planing, cutting, and the like, and manufacture wood products such as furniture. LUMBERYARD does not include general home improvement stores. MAJOR FACILITIES OF A PUBLIC UTILITY OR PUBLIC AGENCY: PUBLIC utilities or PUBLIC agencies operating or constructing a mine, ELECTRIC TRANSMISSION LINES, DOMESTIC WATER storage facilities, POWER PLANTS, SUBSTATIONS, SEWAGE TREATMENT FACILITIES, water treatment facilities, including extensions, expansions or enlargements thereof; STORAGE AREAS of utilities providing electricity, water, and wastewater service, including extension, expansions or enlargements thereof. Delete MAJOR THOROUGHFARE. MANUFACTURED HOME: A SINGLE-FAMILY DWELLING that is a preconstructed building unit or combination of building units that: a. Includes electrical, mechanical, or plumbing services that are fabricated, formed, or assembled at a location other than the residential site of the completed home; b. Is designed and used for single-family residential occupancy in either TEMPORARY or permanent locations; c. Is constructed in compliance with the "National Manufactured Housing Construction and Safety Standards Act of 1974", 42 U.S.C. sec. 5401 et seq., as amended; d. Does not have motive power; and e. Is not licensed as a vehicle. 4511414 Pages: 21 of 181 08/02/2019 01:03 PM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County, CO 1111 2019-2621 ORD2019-02 MANUFACTURED HOME PARK OR SUBDIVISION: A parcel or contiguous parcels of land divided into two (2) or more MANUFACTURED HOME LOTS for rent or sale. MANUFACTURED STRUCTURE: Any factory -assembled STRUCTURE with or without service connections that is not a DWELLING UNIT. MASSAGE PARLOR: - No change. MASTER PLAN: - No change. MEAN SEA LEVEL: For purposes of this Chapter, the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988 or other datum to which BASE FLOOD ELEVATIONS shown on the COUNTY'S FLOOD INSURANCE RATE MAP are referenced. MEAT PROCESSING: Slaughtering, butchering, and/or rendering of animals. MEAT PROCESSING, CUSTOM: The slaughtering and butchering of animals in a single BUILDING not larger than 5,000 square feet of GROSS FLOOR AREA. MEDIUM SCALE SOLAR FACILITY: A facility 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. 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. MINING: - No change. Delete MOBILE HOME. Delete MOBILE HOME PAD. Delete MOBILE HOME PARK. Delete MOBILE HOME SUBDIVISION. Delete MODERATE GROUND SUBSIDENCE HAZARD AREA. NEIGHBORHOOD: - No change. NEW CONSTRUCTION: STRUCTURES for which the START OF CONSTRUCTION commenced on or after August 25, 1981, and includes any subsequent improvements to such STRUCTURES. NEW MANUFACTURED HOME PARK OR SUBDIVISION: A MANUFACTURED HOME PARK OR SUBDIVISION for which the construction of facilities for servicing the LOTS on which the MANUFACTURED HOMES are to be affixed (including, at a minimum, the installation of utilities, the construction of STREETS/ROADS and either final site grading or the pouring of concrete pads) is completed on or after August 25, 1981. NIGHTCLUB, BAR, LOUNGE OR TAVERN: - No change. 4911414 Pages: 22 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County, CO VIII I �.rl" 1r 'IY�1� �Lk�h '�h1��4�1�4i�1'14 iiV 11111 2019-2621 ORD2019-02 NONCOMMERCIAL JUNKYARD: An area where any waste, JUNK or used or secondhand materials are stored or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires, building materials and bottles. A NONCOMMERCIAL JUNKYARD may also include the storage or keeping of DERELICT VEHICLES registered last or currently registered under the property owner and/or tenant's name. This definition does not include COMMERCIAL VEHICLES. If the Zone district allows, the NONCOMMERCIAL JUNKYARD shall be totally ENCLOSED within a BUILDING or STRUCTURE or visually SCREENED from all ADJACENT properties and PUBLIC RIGHTS -OF -WAY. NONCOMMERCIAL TOWER: - No change. NONCONFORMING SIGN: A SIGN that does not conform to a provision or requirement of this Division, but which was lawfully established prior to the time of its applicability. NONCONFORMING STRUCTURE: A STRUCTURE that does not conform to a provision or requirement of this Chapter, but was lawfully established prior to the time of its initial applicability. NONCONFORMING USE: A USE that does not conform to a provision or requirement of this Chapter, but was lawfully established prior to the time of its initial applicability. Delete NONINSTRUMENT RUNWAY. NON -URBANIZING: - No change. Delete NONURBAN SCALE DEVELOPMENT. NO -RISE CERTIFICATION: A record of the results of an engineering analysis conducted to determine whether a project will increase FLOOD heights in a FLOODWAY. A NO -RISE CERTIFICATION shall be supported by technical data and signed by a registered Colorado professional engineer. The supporting technical data should be based on the computer program model used to develop the 100 -year FLOODWAY shown on the FIRM or FBFM. NOXIOUS WEEDS: - No change. NUDE, STATE OF NUDITY: - No change. OBSTRUCTION: Any STRUCTURE, growth or other object, including a mobile object, which exceeds a limiting HEIGHT set forth in Section 23-5-30. OFFICE: - No change. OFFSET: The horizontal distance between any BUILDING or STRUCTURE, as measured from the farthest projection of the BUILDING or STRUCTURE, except for window wells, air conditioners, gutters, downspouts, or fences, and a LOT line, other than a STREET/ROAD RIGHT-OF-WAY line. For the purposes of enforcing OFFSETS ONLY, ALLEYS shall not be considered STREETS/ROADS. OFF -SITE DIRECTIONAL: SIGNS situated on premises other than those upon which the goods, services or functions being advertised are located, and giving guidance as to where, how distant and the type of goods, services or functions which may be obtained. Such SIGNS shall relate only to a service or product primarily available for the highway user (such as RESTAURANTS, lodging, gas, repairs or entertainment) and available within one (1) mile of a highway exit or in a community through which the highway passes. OIL AND GAS FACILITY: - No change. 4811414 Pages: 23 of 181 08/02/2019 01:53 PM R Fee:$0.00 Car1Y Koppee, Clerk and Recorder Weld County CO II II 2019-2621 ORD2019-02 OIL AND GAS LOCATION: Shall mean the definable area(s) where an OPERATOR has disturbed or intends to disturb the land surface in order to locate an OIL AND GAS FACILITY for the purposes of obtaining a Weld Oil and Gas Location Assessment (WOGLA), pursuant to Division 10 of Article II of this Chapter. Delete Table 23-1 E. Land Use Process for Siting Oil and Gas Production Facilities. OIL AND GAS STORAGE FACILITY: - No change. OIL AND GAS SUPPORT AND SERVICE: Location and operation bases for businesses whose primary activity includes the following kinds of USES: a. — No change. b. Equipment and storage yards for STREET/ROAD and pipeline construction contractors, and production unit set-up and maintenance contractors. c. thru f. — No change. g. Oil and gas PROCESSING facilities and related equipment, including, but not limited to, compressors associated with gas PROCESSING or which compress gas to enter a pipeline for transport to market. h. Midstream activities including the PROCESSING, storing, transporting and marketing of oil, natural gas and natural gas liquids. OPERATOR: - No change. ORGANIC FERTILIZER PRODUCTION/COMPOSTING FACILITY: Facilities where animal manure and other biodegradable materials are brought from other properties for composting. This definition shall not include composting of materials produced solely on -site and meeting exemptions from Class I, II, III compost facilities defined under the Solid Waste Regulations. OUTDOOR STORAGE: The outdoor placement or leaving of goods for future use, preservation or disposal, or the renting of space for storage of RECREATIONAL VEHICLES, boats, and camper trailers. OUTLOT: A LOT shown on a land survey plat recorded in the Office of the Weld County Clerk and Recorder that is described or referred to on the plat as "OUTLOT," and may be limited to certain USES described on the plat. OUTLOTS are not eligible for the issuance of building permits to construct residential STRUCTURES or STRUCTURES not otherwise authorized on the plat. OVERLAY ZONING DISTRICT: A zoning district superimposed over the UNDERLYING ZONING DISTRICT which places further restrictions upon land USES. These restrictions are intended to protect the public health, safety and welfare from man-made and natural disasters such as airplane accidents and GEOLOGIC HAZARDS. DEVELOPMENTS within the OVERLAY ZONING DISTRICT shall conform to the requirements of both the OVERLAY ZONING DISTRICT(S) and the UNDERLYING ZONING DISTRICT. PARKING LOT: An area used for temporary daily or overnight storage of vehicles, including drive aisles between the parking spaces, which is not located in a dedicated PUBLIC RIGHT-OF-WAY, a travel lane, a service drive or any easement for PUBLIC ingress or egress. PENNANT: Any lightweight plastic, fabric or other material, whether or not containing a message of any kind, suspended from a rope, wire or string, usually in series, designed to move in the wind. PETROLEUM REFINERY: - No change. 4311414 Pages: 24 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Kappa', Clerk and Recorder, Weld County, CO VIII Nrd ilisw41i S'G 2019-2621 ORD2019-02 PET CREMA TORY: A business or nonprofit agency engaging in the incineration of deceased HOUSEHOLD PETS. PET SHOP: - No change. PHYSICAL MAP REVISION (PMR): An official revision to currently effective FEMA maps. PMRs are issued by FEMA and document changes to FLOOD zones, delineations and elevations. PMRs generally cover more than one (1) FIRM panel. PIPELINE - DOMESTIC WATER: Any pipeline sixteen (16) inches in diameter or larger and appurtenant components thereof (such as valves or pump stations) designed for transporting DOMESTIC WATER in such pipeline and extending to locations outside of Weld County, excluding: a. Pipelines that transport or will transport DOMESTIC WATER to one (1) or more municipalities, the boundaries or populations of which were, on September 1, 2016, located primarily within the COUNTY. b. Pipelines owned or to be owned by one (1) or more municipalities, the boundaries or populations of which were, on September 1, 2016, located primarily within the COUNTY, which transport or will transport DOMESTIC WATER for use in an adjacent county consistent with individual water tap or other agreements. c. Pipelines that are part of an irrigation ditch, canal, reservoir, or well system that transport less than fifty percent (50%) of the system's total water as DOMESTIC WATER. PIPELINE - NATURAL GAS: - No change. PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS: - No change. PORTABLE SIGN: Any SIGN not permanently attached to the ground or other permanent STRUCTURE, or a SIGN designed to be transported, including but not limited to SIGNS designed to be transported by means of wheels; SIGNS converted to A- or T -frames; menu and sandwich -board SIGNS; balloons used as SIGNS; umbrellas used for advertising; and SIGNS attached to or painted on vehicles parked and visible from the PUBLIC RIGHT-OF-WAY, unless said vehicle is used regularly and customarily in the normal day-to-day operations of the business. POWER PLANT: - No change. PRECISION INSTRUMENT RUNWAY: A RUNWAY having an existing instrument approach procedure utilizing an Instrument Landing System (ILS). It also means a RUNWAY for which a precision approach system is planned and is so indicated on an approved airport layout plan or any other planning document. PRIMARY SURFACE: A surface longitudinally centered on a RUNWAY extending two hundred (200) feet beyond each end of that RUNWAY. The elevation of any point on the PRIMARY SURFACE is the same as the elevation of the nearest point on the RUNWAY centerline. The width of a PRIMARY SURFACE is: a. Two hundred fifty (250) feet for VISUAL RUNWAYS. b. One thousand (1,000) feet for PRECISION INSTRUMENT RUNWAYS. PRINCIPALLY EMPLOYED or PRINCIPALLY ENGAGED: This definition applies to an employee who is PRINCIPALLY EMPLOYED at or PRINCIPALLY ENGAGED in the employment activities occurring on the subject property. This subject property shall be under review for a Zoning Permit for a MANUFACTURED HOME to be used as an annual ACCESSORY FARMING USE, or for activities and USES as a Use by Special Review. 4811414 Pages: 25 of 181 08/02/2019 01:53 PM R Fee:$0,00 Carly Koppel, Clerk and Recorder, Weld County, CO VIII I��N�PI�4'MI�.�' kll�fi��+�a:�111�'�a�Iti�Yi 1I 111 25 2019-2621 ORD2019-02 PROCESSING: - No change. PROJECTING SIGN: Any SIGN affixed perpendicular to, or at an angle to, a BUILDING or wall in such a manner that its leading edge extends more than six (6) inches beyond the surface of such BUILDING or wall. Considered a type of BUILDING SIGN. PUBLIC: - No change. PUBLIC SEWER: - No change. PUBLIC WATER: A central water supply system provided through a municipality, water district, water company or association for supplying water for household USES which is designed to meet the minimum requirements of the Safe Drinking Water Act (SDWA), 42 U.S.C. §300f. PUBLIC WATER includes a central water supply system providing water from one or more wells to all LOTS in a residential DEVELOPMENT through a single connected system of pipes and facilities, and which meets the requirements of Section 24-7-80.B. PUD (PLANNED UNIT DEVELOPMENT): A zoning district which includes an area of land, controlled by one (1) or more landowners, to be developed under unified control or unified plan of DEVELOPMENT for a number of DWELLING UNITS, COMMERCIAL, educational, recreational, industrial, or other USES, or any combination of the foregoing, the plan for which may not correspond in LOT size, bulk or type of USE, density, LOT COVERAGE, open space or other restriction to the existing land use regulations. A PUD is created in accordance with Chapter 27 of this Code. Delete QUALIFIED GROUND WATER SCIENTIST. RACING FACILITIES: An establishment where animal, motorized vehicle, or bicycle races are conducted outdoors, including ACCESSORY BUILDINGS or USES, such as spectator seating, food vendors, and parking, but excluding facilities on PUBLIC SCHOOL property, tracks exclusively for pedestrians, and facilities not open to the public. REAL ESTATE PROMOTION SIGN: A TEMPORARY SIGN, located on -premises or off - premises, that identifies dwellings or other STRUCTURES under construction or to be constructed. This is a type of TEMPORARY SIGN that can otherwise exceed TEMPORARY SIGN standards as indicated in Appendix 23-D. On -premises SIGNS advertising SUBDIVISION construction shall not be displayed after all LOTS or dwellings in the SUBDIVISION have been sold. Off -premises SIGNS advertising SUBDIVISION construction shall not be displayed prior to the date of official recording of the SUBDIVISION, and shall be removed within two (2) years from the date of the issuance of the first building permit in the project or within thirty (30) days from the time seventy-five (75) percent of the LOTS or dwellings in the SUBDIVISION have been sold, whichever time period is the least. SIGNS advertising site construction may be displayed during the period of construction and shall be removed upon issuance of a certificate of occupancy or final inspection, whichever occurs first. RECREATIONAL FACILITIES: The following classes of recreational facilities have the following meanings: a. and b. — No change. c. COMMERCIAL RECREATIONAL FACILITIES: Includes, but is not limited to, bowling alleys, health spas, swimming pools, tennis courts, miniature golf facilities or WATER SKIING operated on a COMMERCIAL basis by the paying public. COMMERCIAL RECREATIONAL FACILITIES do not include rodeos, roping arenas, RACING FACILITIES, or SHOOTING RANGES. 4511414 Pages: 26 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1 III 26 2019-2621 ORD2019-02 RECREATIONAL VEHICLE: A transportation STRUCTURE or self-propelled vehicle with or without flexible, removable or collapsible walls and partitions, which is: a. Built on a single chassis; b. Four hundred (400) square feet or less when measured at the largest horizontal projection; c. Designed to be self-propelled or permanently towable by a light -duty truck; and d. Not primarily designed for USE as a permanent dwelling but instead as temporary living quarters for recreational, CAMPING, travel or seasonal USE. The term RECREATIONAL VEHICLE shall include: motor home, camper bus and travel trailer, but shall not include pickup trucks with camper shells that do not extend above the cab of the truck. A RECREATIONAL VEHICLE shall not be used for TEMPORARY Storage, TEMPORARY ACCESSORY FARMING USE, TEMPORARY ACCESSORY USE During a Medical Hardship, TEMPORARY ACCESSORY USE as an OFFICE, or as a Principal DWELLING UNIT. REFERRAL: A portion of a COMPLETE APPLICATION given to a REFERRAL agency for review of a case. The REFERRAL information may contain only portions or elements of the COMPLETE APPLICATION. REPAIR SERVICE ESTABLISHMENT: - No change. RESEARCH LABORATORY: - No change. RESIDENTIAL BUILDING UNIT: - No change. RESIDENTIAL SIGN: Any SIGN located in a district zoned for residential USES that contains no COMMERCIAL MESSAGE except advertising for goods or services legally offered on the premises where the SIGN is located, if offering such service at such location conforms with all requirements of this Code. RESIDENTIAL THERAPEUTIC CENTER: A DWELLING UNIT which is not specifically designated as a GROUP HOME FACILITY and which provides a community living environment for individuals requiring custodial care, medical treatment or specialized social services. This definition includes any number of people who live together who lack the ability to live independently, or who have been ordered into the facility by a court of competent jurisdiction, and who require the support, supervision and care of adults who may not be related. The definition includes, but is not limited to, the following: specialized group child care home, facility or center; residential child care facility; residential treatment facility; shelters for the homeless; shelters from domestic violence; residential facilities for those living together as a result of criminal offenses; and homes for individuals that are HIV positive or afflicted with the AIDS Virus. This definition does not include CORRECTIONAL FACILITIES. RESTAURANT: An establishment that furnishes, for compensation, food and drinks of any kind for consumption. A TEMPORARY snack bar or refreshment stand at a PUBLIC or nonprofit RECREATIONAL FACILITY and for the convenience of patrons of the facility shall not be deemed to be a RESTAURANT. Delete RESTAURANT, DRIVE-IN. 4511414 Pages: 27 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 111111icid li'rfM 'l Lr r I'M I iriViliCD:110,111111 PAGE 27 2019-2621 ORD2019-02 RETAIL/SERVICE ESTABLISHMENT: Includes a variety of businesses engaging in COMMERCIAL sales, rentals, and services, but excluding ADULT BUSINESS, SERVICE or ENTERTAINMENT ESTABLISHMENTS, BREW PUBS, CHILD CARE CENTERS, LUMBERYARDS, NIGHTCLUB, BAR, LOUNGE or TAVERN, REPAIR SERVICE ESTABLISHMENTS, RESTAURANTS, VEHICLE SERVICE/REPAIR ESTABLISHMENTS, and VEHICLE RENTAL AND SALES ESTABLISHMENTS. Delete REVERSE FRONTAGE. RIGHT-OF-WAY: That portion of land dedicated to public use for STREET/ROAD and/or utility purposes and accepted by the Board of County Commissioners as required by Section 8-6-150 of this Code. ROOF SIGN: Any SIGN erected and constructed wholly on and over the roof of a BUILDING, supported by the roof STRUCTURE, and extending vertically above the highest portion of the roof. Surfaces with slopes less than seventy-five (75) percent from horizontal shall be considered roof surfaces. RUNWAY: The area of the GREELEY-WELD COUNTY AIRPORT constructed and used for landing and takeoff of aircraft along its length. Delete SALES TRAILER. SCHOOL: Includes any one (1) or more of the following categories: a PUBLIC SCHOOL (which may include PUBLIC SCHOOL extension classes), community college, junior college, college or university; an independent or parochial SCHOOL which satisfies the compulsory SCHOOL attendance requirements appearing in the School Attendance Law of 1963, Title 22, Article 33, C.R.S.; or a COMMERCIAL SCHOOL, as defined herein. SCREENED: - No change. SECONDARY RECOVERY: A technique of recovering additional crude from a mineralized zone by injecting steam, water and similar methods to force more of the crude to a production well. SEMI -TRAILER: Any wheeled vehicle, without motor power, that is designed to be used in conjunction with a laden or unladen truck tractor so that some part of its own weight and that of its cargo load rests upon, or is carried by, such laden or unladen truck tractor and that is generally and commonly used to carry and transport property over PUBLIC highways and STREETS/ROADS. SETBACK: The horizontal distance between any BUILDING or STRUCTURE, as measured from the farthest projection of the BUILDING or STRUCTURE, except for window wells, air conditioners, gutters, downspouts, or fences, and the established PUBLIC or private STREET/ROAD RIGHT-OF-WAY line other than that of an ALLEY. If the abutting PUBLIC STREET/ROAD is designated by the Transportation Plan adopted in Chapter 8 of this Code as a collector or arterial STREET/ROAD, then the SETBACK shall be measured from the future right-of-way line. The minimum required RIGHT-OF-WAY width is found in Section 8-8-10 of this Code. No STRUCTURES shall be allowed in RIGHT-OF-WAY. It shall be the responsibility of the property owner to locate the RIGHT-OF-WAY lines. Delete SEVERE GROUND SUBSIDENCE HAZARD AREA. SEWAGE TREATMENT PLANT: - No change. SHOOTING RANGE - INDOOR: A facility designed or used for shooting at targets with rifles, pistols or shotguns and which is completely ENCLOSED within a BUILDING or STRUCTURE. 4911414 Pages: 28 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Koppea, Clerk and Reoorder, Weld County, CO 11111 2019-2621 ORD2019-02 SHOOTING RANGE - OUTDOOR: The use of land for archery and/or the discharging of firearms for the purpose of target practice, skeet or trap shooting or temporary competition, such as turkey shoots. Excluded from this use type shall be general HUNTING and unstructured and nonrecurring discharging of firearms on private property with the property owner's permission. SIGN: Any object, device, display, STRUCTURE or part thereof, situated outdoors or indoors, and used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means. A SIGN is any writing (including any combination of a letter, word or number), pictorial representation (including illustration, figures, design, colors, symbols or declaration), product, form (including shapes resembling any human, animal or product design that conveys a recognizable meaning, identity or distinction) or any part thereof, or is written, painted, projected upon, illuminated, printed, designed into, constructed or otherwise placed on or near a BUILDING, board, plate or upon any material object or device whatsoever, which by reason of its form, location, manner of display, color, working, stereotyped design or otherwise attracts or is designed to attract attention to the subject or to the premises upon which it is situated, or is used as a means of identification, advertisement or announcement. SIGN, FLUSH WALL: Any SIGN attached to, painted on or erected against the wall of a BUILDING in such a manner that the SIGN face is parallel to the plane of the wall and is wholly supported by the wall. Banners, canvas or any other similar material may be used for this type of SIGN only if the material is securely attached directly to the BUILDING fascia or to a rigid SIGN STRUCTURE in a manner which prevents the material from flapping, waving or otherwise moving. SITE SPECIFIC DEVELOPMENT PLAN: A Use by Special Review (including OPEN MINING and MAJOR FACILITIES OF A PUBLIC UTILITY OR PUBLIC AGENCY), PLANNED UNIT DEVELOPMENT Final Plan, SUBDIVISION final plat, resubdivision or minor SUBDIVISION application which has been submitted to the COUNTY and receives approval or conditional approval by the Board of County Commissioners, or by the Planning Commission in the case of MAJOR FACILITIES OF A PUBLIC UTILITY OR PUBLIC AGENCY. No other type of land use application shall be considered a SITE SPECIFIC DEVELOPMENT PLAN. SMALL SCALE SOLAR FACILITY: A facility 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. 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. SPECIAL FLOOD HAZARD AREA: The land in the FLOODPLAIN within the COUNTY subject to a one -percent or greater chance of FLOODING in any given year. The area may be designated as Zone A, AE, AH, AO or A1 -A99 on the FIRM or FHBM. SPECIAL FLOOD HAZARD AREAS are periodically amended by FEMA via a LETTER OF MAP CHANGE. The designated SPECIAL FLOOD HAZARD ZONE AREAS are as follows: a. Zone A (Approximate Floodplain) is a SPECIAL FLOOD HAZARD AREA where BASE FLOOD ELEVATIONS and FLOOD HAZARD factors have not been determined by FEMA. b. Zone AH is a SPECIAL FLOOD HAZARD AREA where shallow FLOODING occurs and depths are between one (1) and three (3) feet and BASE FLOOD ELEVATIONS are shown but no FLOOD HAZARD factors have been determined by FEMA. 4511414 Pages: 29 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County, CO VIII rd1IV4kri II4'I+ ilihrillaiFlirlIO f IViiiirh 1I III 2019-2621 ORD2019-02 c. Zone AO is a SPECIAL FLOOD HAZARD AREA where shallow FLOODING occurs and flood depths are between one (1) and three (3) feet with the average depth of FLOODING shown but no FLOOD HAZARD factors have been determined by FEMA. d. Zones AE and A1 -A30 are SPECIAL FLOOD HAZARD AREAS where BASE FLOOD ELEVATIONS and FLOOD HAZARD factors have been determined by FEMA. e. Zone B and Zone X (shaded) are SPECIAL FLOOD HAZARD AREAS that are between the limits of the 100 -YEAR and the 500 -YEAR FLOODS. f. Zone C and Zone X (unshaded) are SPECIAL FLOOD HAZARD AREAS that are at minimal risk of FLOODING. START OF CONSTRUCTION (pertaining to BUILDINGS or STRUCTURES): The date the building permit was issued, including building permits for SUBSTANTIAL IMPROVEMENTS, provided that the actual START OF CONSTRUCTION, repair, reconstruction, placement or other improvement was within one hundred eighty (180) days of the permit date. The actual start means the first placement of permanent construction of a STRUCTURE on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns or any work beyond the stage of excavation; or the placement of a MANUFACTURED HOME on a foundation. Permanent construction does not include land preparation, such as clearing, grading and FILLING; nor does it include the installation of STREETS/ROAD and/or walkways; nor does it include excavation for a BASEMENT, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of ACCESSORY BUILDINGS, such as garages or sheds not occupied as DWELLING UNITS or not part of the main STRUCTURE. For SUBSTANTIAL IMPROVEMENTS, the actual START OF CONSTRUCTION means the first alteration of any wall, ceiling, floor or other structural part of a BUILDING, whether or not that alteration affects the external dimensions of the BUILDING. STORAGE AREA: - No change. STREET/ROAD: A strip of land intended for vehicular USE and providing principal means of access to LOTS. STRUCTURE: Anything that is built, constructed or erected, an edifice or BUILDING of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, but not including poles, lines, cables or distribution facilities of PUBLIC utilities. The term includes an object, including a mobile object, constructed or installed by man, including but without limitation, BUILDINGS, towers, cranes, smokestacks, earth formations, overhead ELECTRIC TRANSMISSION LINES, and gas or storage tanks that are principally aboveground. Delete STRUCTURE, TEMPORARY. SUBDIVISION: For the purposes of this Chapter 23 only, the term "SUBDIVISION" means land that has been split into separate LOTS with prior COUNTY approval of a plat: a. Recorded in the office of the Weld County Clerk and Recorder between September 20, 1961, and December 10, 1992, and meeting the definition of "subdivision" of the Official Subdivision Regulations, Weld County, Colorado, as amended (referred to as the "Weld County Subdivision Regulations"); b. Recorded in the office of the Weld County Clerk and Recorder between December 10, 1992, and December 18, 2000, and meeting the definition of "subdivision" of the Weld County Subdivision Ordinance, Ordinance No. 173, as amended; or 4511414 Pages: 30 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII �4��1'WY�Ka��4CE�4�MlN�M�GRM�Yal1�JW�h �I III 2019-2621 ORD2019-02 c. Recorded in the office of the Weld County Clerk and Recorder after December 18, 2000, and meeting the definition of "subdivision" of Chapter 24 of the Weld County Code. SEE ALSO HISTORIC TOWNSITE. SUBSTANTIAL DAMAGE: Damage of any origin sustained by a STRUCTURE whereby the cost of restoring the STRUCTURE to its before -damaged condition would equal or exceed fifty (50) percent of the market value of the STRUCTURE just prior to when the damage occurred. SUBSTANTIAL IMPROVEMENT: Any repair, reconstruction or improvement of a STRUCTURE, the cost of which equals or exceeds fifty (50) percent of the market value of the STRUCTURE before the START OF CONSTRUCTION of the improvement. This includes STRUCTURES which have incurred SUBSTANTIAL DAMAGE, regardless of the actual repair work performed. The term does not, however, include either: a. Any project for improvement of a STRUCTURE to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or b. Any alteration of a HISTORIC STRUCTURE, provided that the alteration will not preclude the STRUCTURE'S continued designation as a HISTORIC STRUCTURE. SUBSTATION: - No change. Delete SUITABLE SOIL. Delete SUPERELEVATION. SUSPENDED SIGN: A SIGN that is suspended from the underside of a horizontal plane surface and is supported by such surface. Considered a type of BUILDING SIGN. TANK BATTERY: - No change. TELECOMMUNICATION ANTENNA: An exterior transmitting or receiving device used in telecommunications that radiates or captures telecommunication signals. TELECOMMUNICATION ANTENNA, ATTACHED: An antenna mounted on an existing BUILDING, silo, smokestack, water tower, utility or power pole or a support STRUCTURE other than a TELECOMMUNICATION ANTENNA TOWER. TELECOMMUNICATION ANTENNA, CONCEALED: An antenna with a support STRUCTURE that screens or camouflages the presence of antennas and/or TELECOMMUNICATION ANTENNA TOWERS from public view in a manner appropriate to the site's context and surrounding environment. Examples of concealed antennas include man-made trees, clock towers, flagpoles, light STRUCTURES, steeples and similar objects. TELECOMMUNICATION ANTENNA SETBACK: The distance between a property line and the footprint of the antenna STRUCTURE, including antennas, reflectors, dishes and other appurtenances. 4511414 Pages: 31 of 181 08/02/2019 01:83 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII PA4WhPM �w r M �4�' ��MJ��h h�'V�I�Y�li h 11111 PAGE 31 2019-2621 ORD2019-02 TELECOMMUNICATION ANTENNA TOWER: Any STRUCTURE that is designed and constructed primarily for the purpose of supporting one (1) or more antennas, including camouflaged, lattice, guy or monopole TELECOMMUNICATION ANTENNA TOWERS. This includes radio and television transmission, microwave, and common -carrier, personal communications service (PCS), cellular telephone, and/or alternative TELECOMMUNICATION ANTENNA TOWERS, and the like. This definition does not include any STRUCTURE erected solely for a residential, noncommercial individual use, such as television antennas, satellite dishes or amateur (HAM) radio antennas, including, but not limited to AMATEUR RADIO ANTENNA/TOWERS. TELECOMMUNICATION ANTENNA TOWER HEIGHT: The distance from the finished grade at the TELECOMMUNICATION ANTENNA TOWER base to the highest point of the TELECOMMUNICATION ANTENNA TOWER. Overall TELECOMMUNICATION ANTENNA TOWER height includes the base pad, mounting STRUCTURES and panel antennas but excludes lightning rods and whip antennas. TELECOMMUNICATION FACILITIES: Include TELECOMMUNICATION ANTENNAS; TELECOMMUNICATION ANTENNAS, ATTACHED; TELECOMMUNICATION ANTENNAS, CONCEALED; and TELECOMMUNICATION ANTENNA TOWERS. TEMPORARY: Six (6) months or less. TEMPORARY SIGN: Construction SIGNS which identify the contractors working on a project on the site and "for sale" or "for rent" SIGNS indicating that the property or residence is for sale or rent. Construction SIGNS, "for sale" and "for rent" SIGNS shall be removed upon completion of the project or when the property is sold or rented. TEMPORARY STRUCTURE: Anything constructed in such a manner that it would commonly be expected to have relatively short useful life or is built for a purpose that would commonly be expected to be relatively short-term. THEATER: - No change. Delete THEATER, DRIVE-IN. Delete THRESHOLD. TRAINING FACILITY: A facility in which HOUSEHOLD PETS or LIVESTOCK not owned by the property owner are trained. TRANSITIONAL SURFACES: These surfaces extend outward at ninety -degree angles to the RUNWAY centerline and the RUNWAY centerline extended at a slope of seven (7) feet horizontally for each one (1) foot vertically from the sides of the PRIMARY and APPROACH SURFACES to where they intersect the HORIZONTAL and CONICAL SURFACES. TRANSITIONAL SURFACES for those portions of the precision APPROACH SURFACES, which project through and beyond the limits of the CONICAL SURFACE, extend a distance of five thousand (5,000) feet measured horizontally from the edge of the APPROACH SURFACE and at ninety -degree angles to the extended RUNWAY centerline. TRANSITIONAL ZONE: The area described as TRANSITIONAL ZONE in Section 23-5-20. TRANSLOADING: A process of transferring a commodity from one (1) mode of Transportation to another whose primary activity includes the following kinds of USES: a. Rail and truck transloading of commodities and materials, including, without limitation, those for the agricultural and oil and gas industries, and including but not limited to grains, petroleum products, sand, pipe and indoor storage related to the same. 4511414 Pages: 32 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County CO VIII h4�� k �iM�l�h�Ml�lllltAlk 11111 nnn r "2 2019-2621 ORD2019-02 Delete TRAVEL WAY. TREE: Any object of natural growth. TRUCK WASHOUT FACILITIES, COMMERCIAL: An establishment providing COMMERCIAL cleaning of trucks and SEMI -TRAILERS. UNDERLYING ZONING DISTRICT: - No change. Delete URBAN GROWTH CORRIDOR. URBANIZING: An area within one -quarter (1/4) mile from municipal boundaries, as amended. Delete URBAN SCALE DEVELOPMENT. USE: - No change. UTILITY RUNWAY: A RUNWAY that is constructed for and intended to be used by propeller - driven aircraft of twelve thousand five hundred (12,500) pounds maximum gross weight and less. UTILITY SERVICE FACILITY: PUBLIC utility mains, lines, gas regulator stations, PUBLIC lift or pumping stations for PUBLIC WATER and PUBLIC SEWER service, and ACCESSORY STRUCTURES where no PUBLIC OFFICE, repair or storage facilities are operated or maintained. VARIANCE: A grant of relief to a person from a requirement or requirements of this Chapter, Chapter 26, or Chapter 27 when specific enforcement would result in unnecessary hardship. A VARIANCE, therefore, permits construction or DEVELOPMENT in a manner otherwise prohibited by this Chapter, Chapter 26, or Chapter 27. VEHICLE RENTAL ESTABLISHMENT: - No change. VEHICLE SALES ESTABLISHMENT: Any USE of property for the sale of vehicles such as automobiles, motorcycles, trucks, trailers, RECREATIONAL VEHICLES, MANUFACTURED HOMES, boats, farm machinery, construction equipment and other heavy rolling stock. VEHICLE SERVICE/REPAIR ESTABLISHMENT: Any USE of property whereon vehicles such as automobiles, motorcycles, trucks, trailers, RECREATIONAL VEHICLES, MANUFACTURED HOMES, boats, farm machinery, construction equipment and other rolling stock are serviced and repaired, including body work, welding and painting. VESTED PROPERTY RIGHT: The right to undertake and complete the DEVELOPMENT and USE of property under the terms and conditions of a SITE -SPECIFIC DEVELOPMENT PLAN. VIOLATION: The failure of a STRUCTURE or other DEVELOPMENT to be fully compliant with this Chapter. VISUAL RUNWAY: A RUNWAY intended solely for the operation of aircraft using visual approach procedures. WALL SIGN: Any SIGN attached parallel to, but within six (6) inches of, a wall, painted on the wall surface of or erected and confined within the limits of an outside wall of any BUILDING or STRUCTURE which is supported by such wall, BUILDING or STRUCTURE, and which displays only one (1) SIGN surface. Considered a type of BUILDING SIGN. WATERCOURSE: A natural or artificial channel through which stormwater or FLOOD water can flow, either regularly or infrequently. WATER SKIING: - No change. 4511414 Pages: 33 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Koppel, Clark and Rsoorder, Weld County, CO 33 2019-2621 ORD2019-02 WATER SURFACE ELEVATION: The height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988 or other datum, where specified, of FLOODS of various magnitudes and frequencies in the FLOODPLAINS or riverine areas. WATERTIGHT: Impermeable to the passage of water and capable of resisting the hydrostatic and hydrodynamic loads and the effects of buoyancy during a BASE FLOOD. WHOLESALE TRADE ESTABLISHMENT: No change. WIND GENERATOR: No change. Delete WIND TURBINE. WINDOW SIGN: Any SIGN, picture, symbol or combination thereof, designed to communicate information about an activity, business, commodity, event, sale or service that is placed inside a window or upon the window panes or glass and is visible from the exterior of the window. WINERY: Any establishment licensed pursuant to the provisions of Title 44, Article 3, C.R.S., where vinous liquors are manufactured; except a vintner's restaurant licensed pursuant to C.R.S. Section 44-3-422. "Vinous liquors" are defined in C.R.S. Section 44-3-103(59). YARD: The area of a LOT, between a LOT line and the required SETBACK. ZONE LOT: A parcel or parcels of land in single ownership with a single USE or multiple USES within the same STRUCTURE. ARTICLE II - Procedures and Permits Division 1 - Amendments to Zoning Map Amend Sec. 23-2-10. Amendment procedures. A. — No change. B. In addition to the Board of County Commissioners, only the fee owner of a LEGAL LOT or a LOT of at least thirty-five (35) acres may request amendment of the Official Zoning Map of the COUNTY (a Change of Zone) for said property. C. Any person filing an application for a Change of Zone is required to comply with the appropriate procedures and regulations as stated in this Section; provided, however, that when the Board of County Commissioners desires to undertake a rezoning, to create and apply new zoning districts or to change the definitions of the various zoning districts, the only public notice requirement shall be publication in the newspaper designated by the Board of County Commissioners for publication of legal notices. D. Applications for a Change of Zone shall be completed as set forth in Section 23-2-50 below; provided, however, that any zone change initiated by the Board of County Commissioners shall only be required to meet the applicable requirements of Section 23-2-40. Amend Sec. 23-2-20. Duties of Department of Planning Services. A. — No change. B. Upon determination that the application submittal is complete, the Department of Planning Services shall: 4511414 Pages: 34 of 181 08/02/2019 01:53 PM R Fee:$0,00 Carly Koppel', Clerk and Recorder, Weld County, CO VIII P0rd1,41LACil4 'MINA I'Cf41aCTrill "III 2019-2621 ORD2019-02 1. Refer the application to the applicable agencies listed in Appendix 23-G, as determined by the Department of Planning Services. The failure of any agency to respond within twenty-eight (28) days may be deemed to be a favorable response. The reviews and comments solicited by the COUNTY are intended to provide the COUNTY with information about the proposed Change of Zone. The Planning Commission and Board of County Commissioners may consider all such reviews and comments and may solicit additional information if such information is deemed necessary. The reviews and comments submitted by a REFERRAL agency are recommendations to the COUNTY. The authority for making the decision to approve or deny the request for Change of Zone rests with the Board of County Commissioners. 2. — No change. 3. Set a Planning Commission hearing date and a Board of County Commissioners hearing date. 4. — No change. 5. Arrange for legal notice of hearings to be published once in the newspaper designated by the Board of County Commissioners for publication of notices. At the discretion of the Board of County Commissioners, a second notice may be published in a newspaper which is published in the area in which the rezoning is proposed. Failure to publish the second notice shall not create a jurisdictional defect in the hearing process. The date of publication shall be at least ten (10) days prior to the hearing. 6. Give notice of the proposed Change of Zone and the public hearing dates to those persons listed in the application as owners of property located within five hundred (500) feet of the parcel under consideration. Such notification shall be mailed, first-class, not less than ten (10) days before the scheduled Planning Commission public hearing. Such notice is not required by state statute and is provided as a courtesy to surrounding property owners (the surface estate). Inadvertent errors by the applicant in supplying such list or the Department of Planning Services in sending such notice shall not create a jurisdictional defect in the hearing process, even if such error results in the failure of a surrounding property owner to receive such notification. 7. A sign shall be posted for the applicant on the property under consideration for a rezoning. The sign shall be posted adjacent to and visible from a PUBLIC STREET/ROAD RIGHT-OF-WAY. In the event the property under consideration is not adjacent to a PUBLIC STREET/ROAD RIGHT-OF-WAY, one (1) sign shall be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a PUBLIC STREET/ROAD RIGHT-OF-WAY. The sign shall be posted at least ten (10) days prior to the Planning Commission hearing and evidenced with a photograph. The sign will include the following information. a. — No change. b. Date, place and time of public hearings. c. thru f. — No change. Remainder of Section — No change. 4511414 Pages: 35 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Kappa's, L* Clerk MN� Recorder, Weld f County, f I�Yr1ii III III rr,v� .35 2019-2621 ORD2019-02 Amend Sec. 23-2-30. Duties of Planning Commission. A. The Planning Commission shall hold a hearing to consider the application for the Change of Zone. The public hearing may involve either the rezoning application alone or may include the review of concurrent applications under the COUNTY's regulations concerning Uses by Special Review, OVERLAY ZONING DISTRICTS or SUBDIVISIONS. The Planning Commission shall provide recommendations to the Board of County Commissioners concerning the disposition of the requested change. The Planning Commission shall recommend approval of the request for the Change of Zone only if it finds that the applicant has met the standards or conditions of this Subsection A and Section 23-2-50. The applicant has the burden of proof to show that the standards and conditions of this Subsection A and Section 23-2-50 are met. The applicant shall demonstrate: 1. thru 3. — No change. 4. That STREET/ROAD or highway facilities providing access to the property are adequate in size to meet the requirements of the proposed zone district. This will include updating and obtaining any new Access Permits, as required. The Access Permit may require an Improvements Agreement. In the event that the STREET/ROAD or highway facilities are not properly sized and are planned to be properly sized in the future, in conformance with the Transportation Plan or in conformance with the MASTER PLANS of affected municipalities, the applicant may either wait to secure the rezoning until the improvements are made by the appropriate unit of government or the applicant may express a willingness to upgrade the STREET/ROAD or highway facilities at his or her own expense in order to expedite approval of the requested Change of Zone. In the latter event, it will be necessary for the applicant to either construct the necessary improvements before the building permits are issued, or submit suitable performance guarantees to the COUNTY to ensure construction of the required STREET/ROAD or highway facility improvements. 5. That, in those instances where the following characteristics are applicable to the rezoning request, the applicant has demonstrated compliance with the applicable standards: a. If the proposed Change of Zone is located within any OVERLAY ZONING DISTRICT identified by maps officially adopted by the COUNTY, that the applicant has demonstrated compliance with the COUNTY regulations concerning OVERLAY ZONING DISTRICTS. Compliance may be demonstrated in a previous public hearing or in the hearing concerning the rezoning application. b. That the proposed rezoning will not permit the USE of any area known to contain a COMMERCIAL MINERAL DEPOSIT in a manner which would interfere with the present or future extraction of such deposit by an EXTRACTOR to any greater extent than under the present zoning of the property. c. — No change. B. — No change. C. If the Planning Commission recommendation is conditional upon the applicant completing certain specified items prior to the hearing by the Board of County Commissioners, the ten-day period shall commence upon submission of the items by the applicant to the Department of Planning Services. Amend Sec. 23-2-40. Duties of Board of County Commissioners. A. REPEALED. 4511414 Pages: 36 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Kappa., Clerk and Recorder, Weld County, CO VIII MrdretWiliFIN ZINN, II III 2019-2621 ORD2019-02 B. The Board of County Commissioners shall hold a public hearing to consider the application and to take final action thereon. In making a decision on the proposed Change of Zone, the Board of County Commissioners shall consider the recommendation of the Planning Commission, and from the facts presented at the public hearing and the information contained in the official record which includes the Department of Planning Services case file, the Board of County Commissioners shall approve the request for the Change of Zone only if it finds that the applicant has met the standards or conditions of Paragraphs 1 through 5 below and Section 23-2-50. The applicant has the burden of proof to show that the standards and conditions of Paragraphs 1 through 5 below and Section 23-2-50 are met. The applicant shall demonstrate: 1. thru 3. — No change. 4. That STREET/ROAD or highway facilities providing access to the property are adequate in size to meet the requirements of the proposed zone district. In the event that the STREET/ROAD or highway facilities are not properly sized and are planned to be properly sized in the future, in conformance with the Transportation Plan or in conformance with the MASTER PLAN of affected municipalities, the applicant may either wait to secure the rezoning until the improvements are made by the appropriate unit of government or the applicant may express a willingness to upgrade the STREET/ROAD or highway facilities at his or her own expense in order to secure approval of the requested Change of Zone. In the latter event, it will be necessary for the applicant to either construct the necessary improvements before building permits are issued, or submit suitable performance guarantees to the COUNTY to ensure construction of the required STREET/ROAD or highway facility improvements. No rezoning shall be finally approved by the Board of County Commissioners until the applicant has submitted an Improvements Agreement or contract approved by the Board of County Commissioners which sets forth the form of improvements guarantees. Any such agreement or contract shall be made in conformance with the COUNTY policy on collateral for improvements. Approval of the Improvements Agreement will be a condition of obtaining an Access Permit. 5. That, in those instances where the following characteristics are applicable to the rezoning request, the applicant had demonstrated compliance with the applicable standards: a. If the proposed Change of Zone is located within any OVERLAY ZONING DISTRICT identified by maps officially adopted by the COUNTY, that the applicant has demonstrated compliance with the COUNTY regulations concerning OVERLAY ZONING DISTRICTS. Compliance may be demonstrated in a previous public hearing or in the hearing concerning the rezoning application. b. That the proposed rezoning will not permit the USE of any area known to contain a COMMERCIAL MINERAL DEPOSIT as defined by state statutes in a manner which would interfere with the present or future extraction of such deposit by an EXTRACTOR to any greater extent than under the present zoning of the property. c. — No change. C. and D. — No change. Delete E. and F. Amend Sec. 23-2-50. Application requirements for Change of Zone. A. thru B.2. — No change. 4°311414 Pages: 37 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Koppea, Clerk and Reoorder, Weld County, CO lIII IN FAIN III ,7 2019-2621 ORD2019-02 3. Legal description of the property under consideration as determined from a certified boundary survey. 4. and 5. — No change. 6. Present zone and OVERLAY ZONING DISTRICT, if appropriate. 7. thru 11. — No change. 12. The applicant shall provide the Department of Planning Services with a certificate from the County Treasurer showing no delinquent property taxes for the parcel area. 13. thru 15. — No change. 16. The names and addresses of any owner, operator, or user of any irrigation ditch, lateral, or pipeline that traverses the property. C. REPEALED. (Combined with Subsection D.) D. A draft rezoning plat in electronic (.pdf) format shall be submitted as part of the general application. 1. REPEALED. 2. The scale of the map shall be one (1) inch equals one hundred (100) feet (1" = 100') or at other suitable scale when approved by the Department of Planning Services. The vicinity map shall be drawn at suitable scale on the land USE map (1" = 2000'). 3. The following information shall be shown: a. Certified boundary survey of the parcel under consideration, showing all bearings and distances outside the perimeter boundary lines. The closure error of the survey may not exceed one to five thousand (1:5,000). The boundaries and dimensions shall be shown to the nearest hundredth of a foot (or seconds of arc for angular dimensions and bearings). Curved boundaries and all curves on the rezoning plat shall include the radius of curve, central angle, chord distance, and bearing. Notation of non -tangent curves with radial bearings shall be shown to all points of non -tangency. b. Legal description, including total area involved, as certified and signed by the surveyor. The draft plat need not be signed or certified. c. Title, scale and north arrow. The map shall be titled "Change of Zone Plat [case number]." The Department of Planning Services shall provide the appropriate number. d. Date of drawing. e. Current zoning. f. Proposed zoning. g. A vicinity map indicating the property with respect to adjacent STREETS/ROADS, rivers, and other major land features. h. Irrigation ditches on or within two hundred (200) feet of the property. i. Location of easements, RIGHTS -OF -WAY, and other similar interests of record on the parcel and within fifty (50) feet of the parcel. j. Location of all existing utilities (electricity, gas, water and sewer) on the parcel, as well as within fifty (50) feet of the parcel. k. SPECIAL FLOOD HAZARD AREAS on the property. 4511414 Pages: 38 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Koppea, Clerk and Recorder, Weld County, CO 111 W A lg1i4i«'1,I/4i! IliCliarfrayalill 2019-2621 ORD2019-02 I. GEOLOGIC HAZARD AREAS on the property. m. Mineral resource areas on the property. n. Areas of moderate or severe soil limitations as defined by the Natural Resources Conservation Service or by a soil survey and study prepared by a soils engineer or soil scientist for the USES and associated STRUCTURES permitted within the proposed zone district. o. Other information as may be reasonably required by the Department of Planning Services in order to determine that the application meets the standards and policies set forth in this Chapter and in Chapter 22. 4. No change. Delete 5. E. The following supporting documents shall be submitted as part of the general application: 1. Where an authorized agent signs the application for the fee owners, an authorization form provided by the Department of Planning Services signed by the fee owners. 2. thru 5. — No change. 6. Statements from PUBLIC WATER and PUBLIC SEWER utilities which indicate that they are able to provide service for the site. If PUBLIC utilities are not to be used, the applicant shall submit information which documents the availability of water and suitability of the site for the sewage disposal system chosen by the applicant. The evidence shall document the adequacy of the proposed utility service for the USES permitted in the proposed zone district. 7. A soil report of the site prepared by the Natural Resources Conservation Service or by a soils engineer or scientist. In those instances when the soil report indicates the existence of moderate or severe soil limitations for the USES proposed, the applicant shall detail the methods to be employed to mitigate the limitations. 8. If STREET/ROAD or highway facilities which provide access to the property are not adequate to meet the requirements of the proposed zone district, the applicant shall supply information which demonstrates willingness and financial capability to upgrade the STREET/ROAD or highway facilities in conformance with the Transportation Plan and thereby meet the requirements of Section 23-2-40 B.4 of this Chapter. This shall be shown by an Improvements Agreement or contract guaranteeing installation of improvements by the applicant made in conformance with the COUNTY policy on collateral for improvements. Approval of the Improvements Agreement will be a condition of obtaining an Access Permit, pursuant to Section 12-5-10 et seq., and the Improvements Agreement shall meet the requirements of Appendix 12-A. 9. If, according to maps and other information available to the COUNTY, the Department of Planning Services determines that there appears to be a sand, gravel or other mineral resource on or under the subject property, the applicant shall provide a mineral resource statement prepared by a professional geologist as defined in C.R.S. Section 23-41-208(1)(b) or other qualified expert, including but not limited to a Colorado Geological Survey employee. The statement shall indicate the estimated quantity of resources and the economic feasibility of recovery, now and in the future, of the resources so that the Planning Commission and Board of County Commissioners can determine whether a COMMERCIAL MINERAL DEPOSIT is contained on or under the subject properties. 4511414 Pages: 39 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County, CO �IIIl��IM�k'kCG�ti'wNk�h�1�K4,MA+I�P�rlh 11111 39 2019-2621 ORD2019-02 10. If the proposed Change of Zone is located within an OVERLAY ZONING DISTRICT identified by maps officially adopted by the COUNTY, the applicant shall submit information which either documents how the COUNTY regulations concerning OVERLAY ZONING DISTRICTS have been satisfied or documents how the applicant intends to meet the requirements of the COUNTY regulations concerning OVERLAY ZONING DISTRICTS. 11. — No change. Delete 12. F. Upon approval, the applicant shall submit the plat on Mylar or other drafting media approved by the Department of Planning Services, thirty-six (36) inches wide by twenty-four (24) inches high, along with all other documentation required as Conditions of Approval. The plat shall bear original signatures and seals in permanent black ink. The plat shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The plat shall be prepared in accordance with the requirements of Subsection 23-2-50.D of this Article. The plat shall be recorded within one hundred twenty (120) days from the date of the Board of County Commissioners resolution, or within a date specified by the Board of County Commissioners. The applicant shall be responsible for paying the recording fee. If a plat has not been recorded within one hundred twenty (120) days of the date of the approval of the Change of Zone (COZ), or within a date specified by the Board of County Commissioners, the Board may require the landowner to appear before it and present evidence substantiating that the COZ has not been abandoned and that the applicant possesses the willingness and ability to record the plat. The Board of County Commissioners may extend the date for recording the plat. If the Board determines that conditions supporting the original approval of the COZ cannot be met, the Board may, after a public hearing, revoke the COZ. G. Nothing in this Division 1 shall be interpreted as prohibiting the submittal of an application for a Site Plan Review or Use by Special Review concurrently with or prior to approval of a Change of Zone application. The Change of Zone plat shall be approved and recorded prior to recording of such Site Plan Review or Use by Special Review. If the Change of Zone is not approved, such Site Plan Review or Use by Special Review application shall be void. Amend Sec. 23-2-60. Effective date of approved amendments. Any approved amendments to the Official Zoning Map shall be effective immediately upon approval by the Board of County Commissioners unless otherwise specified by the approving resolution of the Board of County Commissioners. However, no building permit shall be issued and no USE shall commence on the property until the plat required in Section 23-2-50.F is recorded. Division 2 - Amendments to Chapter Text Amend Sec. 23-2-110. Duties of Department of Planning Services. Upon submission of a request from the Board of County Commissioners for any proposed amendments to the text of this Chapter, the Department of Planning Services shall: A. and B. — No change. C. Set a Planning Commission hearing date and a Board of County Commissioners hearing date after the completion of the proposed amendment. 4311414 Pages: 40 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Dopes, Clerk and Recorder, Weld County, CO iii lOrd:MAillurgirwil II II 2019-2621 ORD2019-02 D. Arrange for legal notice of hearings to be published once in the newspaper designated by the Board of County Commissioners for publication of notices. The date of publication shall be at least ten (10) days prior to the hearing. E. and F. — No change. Amend Sec. 23-2-130. Duties of Board of County Commissioners. A. REPEALED. Remainder of Section — No change. Division 3 - Site Plan Review Amend Sec. 23-2-150. Intent and applicability. A. — No change. B. An approved Site Plan Review is required for certain USES as described in Article III of this Chapter, and any PUD Districts where the proposed USE would require an approved Site Plan Review in an R-3, Commercial or Industrial Zone District. C. No land, BUILDING or STRUCTURE shall be used, changed in USE or type of occupancy, DEVELOPED, erected, constructed, reconstructed, moved or structurally altered or operated in any zone district that requires a Site Plan Review until a Site Plan Review has been approved and a Site Plan Review map recorded by the Department of Planning Services. D. — No change. E. No Site Plan Review shall be required for: 1. Normal repairs and maintenance of an existing BUILDING or STRUCTURE. 2. Alterations which do not affect more than twenty-five percent (25%) of the external dimensions of an existing BUILDING or STRUCTURE unless such alterations are made to change the USE or type of occupancy within part or all of the altered BUILDING or STRUCTURE. 3. SIGNS, fencing, OIL AND GAS FACILITIES, or TEMPORARY STRUCTURES such as, but not limited to, those used for the sale of fireworks or Christmas trees. F. The Board of County Commissioners delegates the authority and responsibility for processing, approving and enforcing Site Plan Reviews to the Department of Planning Services. The Department of Planning Services shall also have the responsibility of ensuring that all application submittal requirements are met prior to initiating any official action. Once an application is deemed complete, the Department of Planning Services shall send the application to applicable REFERRAL agencies listed in Appendix 23-G, as determined by the Department of Planning Services. The failure of any agency to respond within twenty-eight (28) days may be deemed a favorable response. All REFERRAL agency review comments are considered recommendations to the COUNTY. The authority and responsibility for approval and denial of a Site Plan Review application rests with the COUNTY. G. The Director of Planning Services may waive the Site Plan Review requirement for COMMERCIAL and INDUSTRIAL USES in a Planned Unit Development (PUD) upon determination that sufficient detailed information was submitted and reviewed in the Final PUD Plan. H. — No change. 4511414 Pages: 41 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 111 11 1 2019-2621 ORD2019-02 I. Any person filing an application for a Site Plan Review shall comply with Article V and Article XI of this Chapter if the proposal is located within any OVERLAY ZONING DISTRICT or a SPECIAL FLOOD HAZARD AREA identified by maps officially adopted by the COUNTY. J. — No change. K. Applications for a Site Plan Review located in a Regional Urbanization Area shall adhere to any and all applicable regulations in Chapter 26 and any other County ordinance in effect. L. The applicant or owner shall submit an Improvements Agreement agreeing to construct the required improvements as shown in the application, plans and other supporting documents. The Agreement shall be made in conformance with the County policy on collateral for improvements. The Agreement shall be approved by the Board prior to recording the Site Plan Review map, if applicable. Amend Sec. 23-2-160. Application requirements for site plan review. Any person wanting to apply for a Site Plan Review shall arrange for a preapplication conference with the Department of Planning Services. The purpose of the application is to give the applicant an opportunity to demonstrate, through written and graphic information, how the proposal complies with the standards of this Chapter. The following supporting documents shall be submitted as a part of the application: A. A Site Plan Review application form provided by the Department of Planning Services. B. — No change. C. REPEALED. D. REPEALED. E. thru G. — No change. H. REPEALED. (See Subsection R.) I. — No change. J. A statement indicating that the proposed USE meets the required Bulk Standards requirements of the zone district. K. — No change. L. A plan describing any proposed signage, drawn to an appropriate scale, which shall include specifications of the proposed SIGN and SIGN STRUCTURE along with the method of construction and attachment to the BUILDING or ground. The position and distance of the SIGN in relation to property lines and BUILDINGS and STRUCTURES on the property shall be shown on the Site Plan Review map. The applicant shall apply for and receive a building permit for all proposed SIGNS. M. Statements describing that the LANDSCAPE requirements listed below have been met: 1. The LOT shall adhere to the LOT COVERAGE requirements of the zone district in which it is located, as shown in the Bulk Requirements in this Chapter, or Chapter 26 or 27, if applicable. Land shall not be deemed covered if it is used for growing grass, shrubs, trees, plants or flowers or if it is otherwise suitably LANDSCAPED. 4511414 Pages: 42 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly KopPe', Clerk and Reoorder, Wald County, CO INVJAI CNICK) II III 2019-2621 ORD2019-02 2. That portion of a LOT which abuts a PUBLIC or private STREET/ROAD RIGHT-OF-WAY shall have a minimum ten -foot wide SETBACK that is LANDSCAPED, unless the LOT is governed by a more restrictive SETBACK that is LANDSCAPED contained in a PLANNED UNIT DEVELOPMENT, Chapter 26 of this Code or any other applicable County ordinance. The SETBACK that is LANDSCAPED is measured at a right angle from the existing or planned future RIGHT-OF-WAY. Sidewalks and driveways may pass through the required SETBACK. Delete 3 and 4 and renumber. 3. The applicant shall submit to the Department of Planning Services a maintenance plan for the proposed LANDSCAPE on the site. N. The applicant shall provide a narrative or preliminary drainage study in accordance with the stormwater drainage criteria requirements of this Code. O. — No change. P. A statement explaining that the loading/service areas meet the requirements in Article IV, Division 1 of this Chapter or a more restrictive section of this Code. Q. A statement explaining how the LOT(S) will have safe access to an approved PUBLIC or private STREET/ROAD and a traffic narrative describing the projected number of vehicle trips (average per day, maximum per day, peak hour data) to and from the site and the type of vehicles (passenger, semi -truck, etc.). The design designation of a STREET/ROAD or highway as to type shall be in conformance with that shown on the Transportation Plan and/or the MASTER PLAN of the affected municipality. A traffic impact study may be required. Improvements to adjacent STREETS/ROADS may be necessary to provide adequate safe and efficient transportation to and from the site. An Improvements Agreement may be required. R. A statement acknowledging that new accesses to PUBLIC RIGHTS -OF -WAY shall be constructed in accordance with this Code, and may require an access permit. S. REPEALED. T. A statement explaining that the trash collection areas or facilities are located, designed and used in a manner that shall be SCREENED from PUBLIC RIGHTS -OF -WAY and ADJACENT properties. These areas shall be designed and used in a manner that will prevent wind- or animal -scattered trash. U. A statement explaining that the USE is compatible with the existing or future DEVELOPMENT of the surrounding areas as permitted by the existing zoning and with the future DEVELOPMENT of the area as projected by the Comprehensive Plan or MASTER PLAN of affected municipalities and any Intergovernmental Agreement. Such USE shall adhere to the following operation standards, to the extent that they are affected by location, layout and design prior to construction and operation. Once operational, the operation shall conform to the standards listed below: 1. Noise. USES shall be located, designed and operated in accordance with the noise standards as established in Section 25-12-101, et seq., C.R.S. 2. Air Quality. USES shall be located, designed and operated in accordance with the air quality standards established by the Colorado Air Quality Control Commission. 3. Water Quality. USES shall be located, designed and operated in accordance with the standards established by the Colorado Water Quality Control Commission. 4511414 Pages: 43 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 2019-2621 ORD2019-02 VIIIl��s>r1�1I41 ��'KIIVAOt4'I ifIRTI i 1I III 4. — No change. 5. Heat. USES shall not emit heat in such an amount sufficient to raise the temperature of the air or of materials at or beyond the LOT line more than five (5) degrees Fahrenheit. 6. Glare. Any lighting used to illuminate an off-street parking area, outside storage area, outside activity area, SIGN or other STRUCTURE shall be arranged to deflect light away from any adjoining residential zone and from COUNTY STREETS/ROADS. Any lighting, including light from high -temperature processes such as welding or combustion, shall be designed, located and operated in such a manner as to meet the following standards: sources of light shall be shielded so that beams or rays of light will not shine directly onto ADJACENT properties; neither the direct nor reflected light from any light source may create a traffic hazard to operators of motor vehicles on PUBLIC or private STREETS/ROADS; and no colored lights may be used which may be confused with or construed as traffic control devices. 7. — No change. Delete 8. V. REPEALED. W. Site Plan Review Map. The applicant shall submit the draft map for preliminary approval to the Department of Planning Services in electronic (.pdf) format. The site plan map shall show and comply with the following requirements: 1. thru 5. — No change. 6. A vicinity map at a suitable scale. The map shall locate the site with respect to adjacent STREETS/ROADS and other major land features (1" = 2000'). 7. — No change. 8. The location and names of all STREETS/ROADS and highways abutting the LOT. 9. Existing and proposed landscaping, including existing and proposed trees, shrubs, ground covers, natural features such as rock outcroppings and other landscaping elements. The plan shall show where landscaping exists or will be located, along with planting and construction details, species name and size. Where existing plantings are to be retained, the applicant shall include in the plan proposed methods of protecting the plantings during construction. 10. — No change. 11. The location, dimensions and design of any existing and proposed SIGNS on the site. Distances from LOT lines shall be indicated. 12. — No change. 13. The location and dimensions of vehicular drives, entrances, exits, acceleration and deceleration lanes; location and dimensions of pedestrian entrances, exits, sidewalks and walkways. 14. General location, arrangement and dimensions of parking spaces, width of aisles, dimensions and angle of parking and other similar information. 15. Any other information deemed necessary by the Department of Planning Services. 16. The Site Plan Review map shall be titled "Site Plan Review No. ." The Department of Planning Services shall provide the appropriate number. 4511414 Pages: 44 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County, CO VIII NrA'IIMEEMI II K IAMR liA 1I 111 2019-2621 ORD2019-02 17. The Site Plan Review map shall bear the following certifications: a. Property owner's certificate: I, the undersigned, certify that the uses, buildings and structures located on this Site Plan Review are designed and will be constructed and operated in accordance with the development standards hereon and the district requirements for the Zone District as stated in Chapter 23 of the Weld County Code. I understand failure to comply with the development standards, applicable provisions of County Code, and/or any conditions of approval could result in the County initiating a compliance action against me or my successors. Signature of Property Owner The foregoing instrument was subscribed and sworn to be before me this day of , by WITNESS my hand and official seal. My commission expires: Notary Public b. Department of Planning Services' Administrative Review Certificate: This map is accepted and approved for filing. Director of Planning Services The foregoing certificate was acknowledged before me this day of , by WITNESS my hand and official seal. My commission expires: Notary Public X. REPEALED. Y. The applicant shall provide the Department of Planning Services with a certificate from the County Treasurer showing no delinquent property taxes for the parcel area. Z. and AA. — No change. Delete BB thru DD and reletter. Amend Sec. 23-2-170. Changes and termination of use. A. Any approved Site Plan Review shall be limited to the items shown on the Site Plan Review map and the approved USE and type of occupancy. Major changes from the approved Site Plan Review map, USE or type of occupancy shall require the approval of an amended Site Plan Review by the Department of Planning Services. The Department of Planning Services is responsible for determining whether a major change exists, in which case a new Site Plan Review application and processing shall be required. Any other changes shall be filed in the Department of Planning Services in the approved Site Plan Review file. 4511414 Pages: 45 of 181 08/02/2019 Carly Kc Peg01:53 ,Clerk and Recorder, O Wed County, CO 1111 INCAPPR kV: M VI till PAGE 45 2019-2621 ORD2019-02 B. Construction of improvements pursuant to approval of a Site Plan Review shall be commenced, and continual progress shall be made, within three (3) years from the date of approval, or the approval shall terminate thirty (30) days following notice to the applicant. The Director of Planning Services may grant a one-time extension of up to one hundred twenty (120) days, for good cause shown, upon a written request by the landowner. Before this extension has expired, the applicant may seek a further extension from the Board of County Commissioners by written request to the Director of Planning. C. Approval of a Site Plan Review shall terminate when the USE is discontinued for a period of three (3) consecutive years or a new Site Plan Review is approved. Should the Department of Planning Services observe or receive credible evidence of a discontinuance for a period of three (3) consecutive years, the Department Director shall notify the applicant and property owner by first-class mail of such termination. The Director's decision to terminate the approval of the Site Plan Review may be appealed by the applicant and/or property owner pursuant to the provisions of Section 2-4-10 of this Code. Sec. 23-2-175. Corrections, approval and recording of the site plan review map. A. The Department of Planning Services shall notify the applicant of any deficiencies of the submittal and the deadline to correct said deficiencies, which shall be one hundred twenty (120) days. The Director of Planning Services may grant an extension, for good cause shown upon a written request by the applicant. If no written request is submitted or if the deficiencies are not corrected by the date specified by the Department of Planning Services, the application shall be rejected. B. Upon approval of the draft Site Plan Review map, the applicant shall submit a Site Plan Review map for recording, along with all other documentation required as conditions of approval. The map shall be delineated in nonfading permanent black ink on Mylar or other drafting media approved by the Department of Planning Services. The map shall bear original signatures and seals in permanent black ink. The size of each sheet shall be twenty-four (24) inches in height by thirty-six (36) inches in width. Upon completion of all conditions of approval, the map shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The applicant shall be responsible for paying the recording fee. The conditions of approval shall be met and the map recorded within one hundred twenty (120) days from the date the administrative review was signed. The Director of Planning Services may grant an extension, for good cause shown, upon a written request by the applicant. If no written request is submitted, if the Director of Planning Services denies the extension, or if the conditions are not met and the map recorded by the date specified by the Director of Planning Services, the Site Plan Review approval shall be terminated. Amend Sec. 23-2-180. Enforcement procedures. A. It shall be a violation to operate without an approved Site Plan Review if one is required by this Chapter. Such violation may be enforced in accordance with the procedures set forth in Article X of this Chapter. B. A property owner who fails or refuses to comply with all requirements and conditions of an approved Site Plan Review shall be noticed in writing by the Director of Planning Services of such compliance deficiencies. Continued failure or refusal to comply may result in termination of the approved Site Plan Review. The Director shall notify the property owner by first-class mail of such termination. The Director's decision to terminate the approval of the Site Plan Review may be appealed by the applicant and/or property owner pursuant to the provisions of Section 2-4-10 of this Code. Delete C thru E. 4511414 Pages: 46 of 181 Carly K peel 01:53 larand Recorder, Weld0 CCounty, CO i 2019-2621 ORD2019-02 Division 4 - Uses by Special Review Amend Sec. 23-2-200. Intent and applicability. A. Uses by Special Review are USES which have been determined to be more intense or to have a potentially greater impact than the Uses Allowed by Right in a particular zone district. Therefore, Uses by Special Review require additional consideration to ensure that they are established and operated in a manner that is compatible with existing and planned land USES in the NEIGHBORHOOD. The additional consideration or regulation of Uses by Special Review, and the application to a Use by Special Review of Performance, Design and Operations Standards listed both herein, are designed to protect and promote the health, safety, convenience and general welfare of the present and future residents of the COUNTY. B. The Board of County Commissioners may approve the establishment of a Use by Special Review by granting a Special Review Permit. All requests for Special Review Permit shall be reviewed by the Planning Commission. The Planning Commission recommendation shall be forwarded to and considered by the Board of County Commissioners except for MAJOR FACILITIES OF PUBLIC UTILITIES OR PUBLIC AGENCIES, which shall require review and approval by the Planning Commission only as set forth in Division 5 of this Article II. C. Any person filing an application for a Special Review Permit shall comply with the COUNTY procedures and regulations as set forth herein. D. and E. — No change. F. The applicant or owner shall submit an Improvements Agreement agreeing to construct the required improvements, as shown in the application, plans and other supporting documents. The agreement shall be made in conformance with the County policy on collateral for improvements. The agreement shall be approved by the Board prior to recording the map, if applicable. Approval of the Improvements Agreement will be a condition of obtaining an Access Permit. G. Applications for Special Review Permits shall be accepted only for proposed USES on LEGAL LOT(S). An application for a Special Review Permit shall include the entire LOT(S) upon which the Special Review Permit will be located. H. The applicant shall submit the draft map for preliminary approval to the Department of Planning Services in electronic (.pdf) format. Upon approval, the applicant shall submit the map on Mylar or other drafting media approved by the Department of Planning Services, along with all other documentation required as Conditions of Approval. The map shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The map shall be prepared in accordance with the requirements of Subsection 23-2-260.D of this Article. The map shall be recorded within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. If a Use by Special Review (USR) map has not been recorded within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution, or within a date specified by the Board of County Commissioners, the Board may require the landowner to appear before it and present evidence substantiating that the Use by Special Review (USR) has not been abandoned and that the applicant possesses the willingness and ability to record the Use by Special Review (USR) map. The Board of County Commissioners may extend the date for recording the map. If the Board determines that conditions supporting the original approval of the Use by Special Review (USR) cannot be met, the Board may, after a public hearing, revoke the Use by Special Review (USR). 4511414 Pages: 47 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Koppel', Clerk and Recorder, Weld County, CO iii IitirviI ' llaill YiCIWhNAINI: k 'I'ICINFOlYi ,1I 111 7 2019-2621 ORD2019-02 Amend Sec. 23-2-210. Duties of Department of Planning Services. Any person wanting to apply for a Use by Special Review shall arrange for a preapplication conference with the Department of Planning Services. A. — No change. B. Upon determination that the application submittal is complete, the Department of Planning Services shall: 1. Refer the application to the applicable agencies listed in Appendix 23-G, as determined by the Department of Planning Services. The failure of any agency to respond within twenty-eight (28) days may be deemed to be a favorable response. The reviews and comments solicited by the COUNTY are intended to provide the COUNTY with information about the proposed Use by Special Review. The Planning Commission and Board of County Commissioners may consider all such reviews and comments and may solicit additional information if such information is deemed necessary. The reviews and comments submitted by a REFERRAL agency are recommendations to the COUNTY. The authority for making the decision to approve or deny the request for a Special Review Permit rests with the Board of County Commissioners. 2. Prepare staff comments for use by the Planning Commission addressing all aspects of the application, its conformance with Chapter 22 of this Code and any other applicable code provision or ordinance in effect, adopted MASTER PLANS of affected municipalities, sound land use planning practices, comments received from agencies to which the proposal was referred and standards contained in this Chapter. 3. Set a Planning Commission hearing date and a Board of County Commissioners hearing date. 4. — No change. 5. Give notice of the application for a Special Review Permit and the public hearing dates to those persons listed in the application as owners of property located within five hundred (500) feet of the parcel under consideration. Such notification shall be mailed, first-class, not less than ten (10) days before the scheduled Planning Commission public hearing. Such notice is not required by state statute and is provided as a courtesy to surrounding property owners (the surface estate). Inadvertent errors by the applicant in supplying such list or the Department of Planning Services in sending such notice shall not create a jurisdictional defect in the hearing process, even if such error results in the failure of a surrounding property owner to receive such notification. 6. A sign shall be posted for the applicant on the property under consideration for a Use by Special Review permit. The sign shall be posted adjacent to and visible from a PUBLIC STREET/ROAD RIGHT-OF-WAY. In the event the property under consideration is not adjacent to a PUBLIC STREET/ROAD RIGHT-OF-WAY, one (1) sign shall be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a PUBLIC STREET/ROAD RIGHT-OF-WAY. The sign shall be posted at least ten (10) days prior to the Planning Commission hearing and evidenced with a photograph. The sign will include the following information: a. — No change. b. Date, place and time of Public Hearings. c. thru f. — No change. 4511414 Pages: 48 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII Iillillitifirriii+411C44iiNillarlaN41IYIPM iI III 2019-2621 ORD2019-02 7. Arrange for legal notice of hearings to be published in the newspaper designated by the Board of County Commissioners for publication of notices. At the discretion of the Board of County Commissioners, a second notice may be published in a newspaper which is published in the area in which the Use by Special Review is proposed. Failure to publish the second notice shall not create a jurisdictional defect in the hearing process. The date of publication shall be at least ten (10) days prior to the hearing. Amend Sec. 23-2-220. Duties of Planning Commission. A. The Planning Commission shall hold a hearing to consider the application for the Special Review Permit. The public hearing may involve either the Special Review Permit application alone or may include the review of concurrent applications under the COUNTY's provisions for Overlay Districts Regulations in Article V and Floodplain Regulations in Article XI of this Chapter. The Planning Commission shall provide recommendations to the Board of County Commissioners concerning the disposition of the requested Special Review Permit. The Planning Commission shall recommend approval of the request for the Special Review Permit only if it finds that the applicant has met the standards or conditions of this Subsection A and Sections 23-2-240 and 23-2-250 of this Division. The applicant has the burden of proof to show that the standards and conditions of this Subsection A and Sections 23-2-240 and 23-2-250 are met. The applicant shall demonstrate: 1. thru 3. — No change. 4. That the USES which would be permitted will be compatible with future DEVELOPMENT of the surrounding area as permitted by the existing zoning and with the future DEVELOPMENT as projected by Chapter 22 of this Code or MASTER PLANS of affected municipalities. 5. That the application complies with Articles V and XI of this Chapter if the proposal is located within an OVERLAY ZONING DISTRICT or a SPECIAL FLOOD HAZARD AREA identified by maps officially adopted by the COUNTY. 6. and 7. — No change. B. — No change. C. If the Planning Commission recommendation is conditional upon the applicant completing certain specified items prior to the hearing by the Board of County Commissioners, the ten-day period shall commence upon submission of the items by the applicant to the Department of Planning Services. Amend Sec. 23-2-230. Duties of Board of County Commissioners. A. REPEALED. B. The Board of County Commissioners shall hold a public hearing to consider the application and to take final action thereon. In making a decision on the proposed Use by Special Review, the Board of County Commissioners shall consider the recommendation of the Planning Commission, and from the facts presented at the public hearing and the information contained in the official record which includes the Department of Planning Services case file, the Board of County Commissioners shall approve the request for the Special Review Permit only if it finds that the applicant has met the standards or conditions of this Subsection B and Sections 23-2-240 and 23-2-250 of this Division. The applicant has the burden of proof to show that the standards and conditions of this Subsection B and Sections 23-2-240 and 23-2-250 of this Division are met. The applicant shall demonstrate: 4511414 Pages: 49 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County, CO •111 kr+�� Gi4 ��i I�+� MINIM' Oki 111 49 2019-2621 ORD2019-02 1. thru 4. — No change. 5. That the application complies with Articles V and XI of this Chapter if the proposal is located within any OVERLAY ZONING DISTRICT or a SPECIAL FLOOD HAZARD AREA identified by maps officially adopted by the County. 6. That if the USE is proposed to be located in the A (Agricultural) Zone District, the applicant has demonstrated a diligent effort has been made to conserve PRIME FARMLAND in the locational decision for the proposed USE. Remainder of Section — No change. Amend Sec. 23-2-240. Design standards. A. An applicant for a Use by Special Review shall demonstrate compliance with the following design standards in the application and shall continue to meet these standards if approved for DEVELOPMENT. 1. and 2. — No change. 3. If soil conditions on the site are such that they present moderate or severe limitations to the construction of STRUCTURES or facilities proposed for the site, the applicant has demonstrated how such limitations can and will be mitigated. 4. — No change. 5. USES shall comply with the stormwater drainage criteria requirements set forth in this Code. 6. All parking and vehicle storage shall be provided on the site. Parking and loading areas shall be designed and constructed in accordance with Division 1 of Article IV of this Chapter. 7. The USE shall comply with all the Bulk Standards requirements of the zone district. 8. — No change. 9. New accesses to PUBLIC RIGHTS -OF -WAY shall be constructed in accordance with this Code. 10. Buffering or SCREENING of the proposed USE from ADJACENT properties may be required in order to make the determination that the proposed USE is compatible with the surrounding USES. Buffering or SCREENING may be accomplished through a combination of berming, landscaping and fencing. 11. — No change. 12. The placement of SIGNS on the site shall comply with the requirements of Article IV, Division 2 and Appendixes 23-C, 23-D, and 23-E of this Chapter, unless a waiver therefrom is requested in the application and granted by the Board of County Commissioners as part of the Use by Special Review Permit. Offsite SIGNS shall not be permitted through the USR permit process. 13. Trash collection areas or facilities shall be SCREENED from PUBLIC RIGHTS -OF -WAY and ADJACENT properties. These areas shall be designed and used in a manner that will prevent wind- or animal -scattered trash. Delete B. 4511414 Pages: 50 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Koppel, Clerk and Reoorder, Weld County, CO PAW Alit/ RCTI I M iLITIA V,IV1IA II III E 50 2019-2621 ORD2019-02 Amend Sec. 23-2-250. Operation standards. An applicant for a Special Review Permit shall demonstrate conformance with the following operation standards in the Special Review Permit application to the extent that the standards affect location, layout and design of the Use by Special Review prior to construction and operation. Once operational, the operation of the USES permitted shall conform to these standards. A. The operation of the USES shall comply with the noise standards enumerated in Section 25-12-101, et seq., C.R.S. B. thru D.1. — No change. 2. Neither direct nor reflected light from any light source may create a traffic hazard to operators of motor vehicles on PUBLIC or private STREETS/ROADS and no colored lights may be used which may be confused with or construed as traffic control devices. E. and F. — No change. G. Any off -site and on -site Improvements Agreement shall be made in conformance with the County policy on collateral for improvements. Amend Sec. 23-2-260. Application requirements. A. The purpose of the application is to give the petitioner an opportunity to demonstrate through written and graphic information how the proposal complies with the standards of this Chapter. The following supporting documents shall be submitted as a part of the application except for those items determined by the Director of Planning Services, in writing, or the Board of County Commissioners, on the record, to be unnecessary to a decision on the application: 1. thru 4. — No change. 5. A statement which explains that the application complies with Article V and Article XI of this Chapter if the proposal is located within any OVERLAY ZONING DISTRICT or a SPECIAL FLOOD HAZARD AREA identified by maps officially adopted by the COUNTY. 6. and 7. — No change. 8. The applicant shall provide a narrative or preliminary drainage study in accordance with the stormwater drainage criteria requirements of this Code. 9. A narrative explaining how the LOT(S) will have safe access to an approved PUBLIC or private STREET/ROAD and a traffic narrative describing the projected number of vehicle trips (average per day, maximum per day, peak hour data) to and from the site and the type of vehicles (passenger, semi -truck, etc.). The design designation of a STREET/ROAD or highway as to type shall be in conformance with that shown on the Transportation Plan and/or the MASTER PLAN of the affected municipality. A traffic impact study may be required. Improvements to adjacent STREETS/ROADS may be necessary to provide adequate safe and efficient transportation to and from the site. An Improvements Agreement may be required. B. The following general information shall be submitted: 1. thru 6. — No change. 7. Present zone and OVERLAY ZONING DISTRICTS, if appropriate. 8. thru 10. — No change. 11. The applicant shall provide the Department of Planning Services with a certificate from the County Treasurer showing no delinquent property taxes for the parcel area. 4511414 Pages: 51 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Kopper:, Clerk and Recorder, Weld County, CO 119IPIJMNIAINI MIA idgR«IiMillikIlli "III 2019-2621 ORD2019-02 12. REPEALED. 13. — No change. 14. The applicant shall submit a signed copy of the notice of inquiry form demonstrating that the IGA municipality does not wish to annex if required by the IGA. 15. A proposed plan for installation of desired SIGNS following the standards set forth in Chapter 23, Article IV, Division 2. 16. — No change. 17. The names and addresses of any owner, operator, or user of any irrigation ditch, lateral, or pipeline that traverses the property. C. A detailed description of the proposed operation and USE shall be supplied. Details for the following items, when applicable, are required: 1. thru 7. — No change. 8. REPEALED. 9. Sewage facilities. 10. thru 17. — No change. D. Special Review Permit Plan Map. 1. The map shall be delineated on Mylar or other drafting media approved by the Department of Planning Services. 2. thru 4.c.3) — No change. 4) The general classifications and distribution of soils over the parcel under consideration. Soil classification names and agricultural capability classifications shall be noted in the legend. 5) Locations and names of all STREETS/ROADS, irrigation ditches and water features. 6) Location of all residences within a one -half -mile radius, existing and proposed accesses to the property proposed for the Use by Special Review, any abutting SUBDIVISION outlines and names, and the boundaries of any ADJACENT municipality. 7) Any other relevant information within a one -half -mile distance of the perimeter of the property proposed for the Use by Special Review as may be reasonably required by the COUNTY to meet the intent and purpose of this Chapter. 5. Plot Plan. A plot plan of the Use by Special Review area shall be drawn on the Special Review Permit Plan Map. a. The scale of the plot plan shall be one (1) inch equals one hundred (100) feet or at another suitable scale if approved by the Department of Planning Services. b. The plot plan shall outline the boundaries of the LOT(S) being considered for the Use by Special Review. c. The plot plan shall include the location and identification of all of the following items within a two -hundred -foot radius of the boundaries of the LOT(S), as well as within the LOT(S) itself; it shall also include the proposed features and STRUCTURES of the Use by Special Review: 4511414 Pages: 52 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County, CO 1111IirdMillr1R ILN 9hi' 1VVIA2141IIII 2019-2621 ORD2019-02 1) All PUBLIC RIGHTS -OF -WAY of record (including names). 2) thru 6) — No change. 7) Topography at ten -foot contour intervals or at intervals as determined necessary by the Department of Planning Services. 8) thru 11) — No change. 12) Location of any SPECIAL FLOOD HAZARD AREA, GEOLOGIC HAZARD AREA, or mineral resource areas. 13) The location of any SIGN requiring zoning approval. Distances from property lines shall be indicated. 14) — No change. E. Supporting Documents. The following supporting documents shall be submitted as part of the application: 1. If an authorized agent signs, a letter of authorization signed by all fee owners shall be included with the application. If the property is owned by a corporation, evidence that the signatory has the legal authority to sign for the corporation shall be included. 2. thru 5. — No change. 6. For a RESIDENTIAL THERAPEUTIC CENTER, submittal of a report demonstrating the need for the facility; data about the background, experience and financial capacity of the proposed operator; applicable licenses; and analysis of the impact of the facility to the area and any other information relevant to evaluating the compatibility of the proposed facility. The County may waive or modify these requirements, particularly if there is a risk of harm to the future occupants (e.g., case of a domestic violence shelter). F. The application fee. An additional fifty (50) percent of the permit fee shall be added to the cost of the Special Review Permit application fee if the USE is started prior to issuance of a Special Review Permit. The payment of the investigation fee shall not relieve any persons from fully complying with the requirements of this Chapter, nor from any other penalties. Amend Sec. 23-2-270. Development standards. An applicant for a Special Review Permit shall demonstrate conformance with and shall continue to meet any DEVELOPMENT STANDARDS approved and adopted by the COUNTY. The DEVELOPMENT STANDARDS shall be placed on the Special Review Permit Plan Map prior to recording. Noncompliance with any of the approved DEVELOPMENT STANDARDS may be reason for revocation or suspension of the special review permit by the Board of County Commissioners. Civil penalties in lieu of a suspension may also be imposed with the express prior agreement of the applicant. The availability of these remedies in no way limits the Board of County Commissioners from seeking or applying any other remedies which are available for noncompliance with the DEVELOPMENT STANDARDS. Amend Sec. 23-2-280. Changes to a Special Review Permit. A. — No change. B. Any decrease in the land area occupied by a Use by Special Review Permit shall qualify the landowner to be able to request a partial vacation of the Use by Special Review from the Board of County Commissioners, permitting the following: 1. thru 3.a. — No change. 4511414 Pages: 53 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Kappa., Clark and Recorder, Wald County, CO VIII�� ahLahKfi: MihE� �h:R�1G��W�h �I II 2019-2621 ORD2019-02 b. Submit a revised Use by Special Review map to the Department of Planning Services illustrating the vacated portion of the property and the existing permit. The revised map shall include a note stating that the partial vacation does not create separate parcels. 4. — No change. 5. Once approved, the applicant shall submit a map conforming to Subsection 23-2-260.D of this Code. This map shall illustrate the vacated portions of the property/operation. The map shall contain two (2) vicinity maps. The first shall illustrate the use boundary prior to the partial vacation. The second shall illustrate the use boundary after the partial vacation. C. The applicant shall submit the draft map for preliminary approval to the Department of Planning Services in electronic (.pdf) format. Upon approval of the draft map, the applicant shall submit a final map for recording, along with all other documentation required as conditions of approval. The map shall be delineated in nonfading permanent black ink on Mylar or other drafting media approved by the Department of Planning Services. The map shall bear original signatures and seals in permanent black ink. Upon completion of all conditions of approval, the map shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The applicant shall be responsible for paying the recording fee. The conditions of approval shall be met and the map recorded within one hundred twenty (120) days from the date the resolution was signed. If the map has not been recorded within one hundred twenty (120) days from the date the resolution was signed, or if an applicant is unable to meet all of the conditions within one hundred twenty (120) days of approval, the applicant may request an extension from the Director of Planning Services. The Director of Planning Services may grant a one-time extension of up to one hundred twenty (120) days, for good cause shown, upon a written request by the applicant. Before this extension has expired, the applicant may seek a further extension from the Board of County Commissioners by written request to the Director of Planning. If the Board of County Commissioners denies the extension or if the conditions are not met and the map recorded by the date specified by the Board, the approval shall be voided, and the application denied. Amend Sec. 23-2-285. Minor amendments. A. Minor amendments to any approved Use by Special Review and SITE SPECIFIC DEVELOPMENT PLAN may be approved, approved with conditions, or denied administratively by the Planning Services Director and may be authorized without additional public hearings. Such minor amendments may be authorized by the Planning Services Director as long as the DEVELOPMENT application, as amended, continues to comply with these standards and regulations, at least to the extent of its original compliance. The Planning Services Director's approval shall be in writing and contain findings of fact. B. Once the application that is subject of this section is deemed complete by the Department of Planning Services, the Department of Planning Services shall send the application to applicable agencies listed in Appendix 23-G, as determined by the Department of Planning Services. The failure of any agency to respond within twenty-eight (28) days may be deemed a favorable response. All REFERRAL agency review comments are considered recommendations. The authority and responsibility for approval and denial of the amendment rests with the Department of Planning Services. C. Review criteria for minor amendments to a Use by Special Review Application and SITE SPECIFIC DEVELOPMENT PLAN. To approve a minor amendment, the Planning Services Director shall consider the following review criteria and find that each criterion has been met or determined to be inapplicable: 4511414 Pages: 54 of 181 r Carly Koppel,08/02/2019 01:53 PM R Fee:`$0.00 1111 ligil �iff�' Recorder, alerknd hale''I ANN 1 C co Liri,fh 11 111 2019-2621 ORD2019-02 1. The proposed changes will be compatible with existing and allowed USES in the surrounding area and be in harmony with the NEIGHBORHOOD. 2. and 3. — No change. 4. The recommendations of REFERRAL agencies have been considered. 5. — No change. 6. The proposed changes shall be consistent with the original DEVELOPMENT STANDARDS. D. The Planning Services Director may refer a Minor Amendment to the Board of County Commissioners and schedule a public hearing. If such hearing is scheduled, the staff shall: 1. Arrange for legal notice of said hearing to be published in the newspaper designated by the Board of County Commissioners for publication of notices at least ten (10) days prior to the hearing. 2. Give notice of the application and the public hearing date to those persons listed in the application as owners of property located within five hundred (500) feet of the parcel under consideration. Such notification shall be mailed, first-class, not less than ten (10) days before the scheduled public hearing. Such notice is not required by state statute and is provided as a courtesy to surrounding property owners (the surface estate). Inadvertent errors by the applicant in supplying such list or the Department of Planning Services in sending such notice shall not create a jurisdictional defect in the hearing process, even if such error results in the failure of a surrounding property owner to receive such notification. 3. Post a sign on the property under consideration in a location readily visible from the adjacent PUBLIC STREET/ROAD RIGHT-OF-WAY. The sign will be posted at least ten (10) days preceding the hearing date for the Board of County Commissioners' hearing. In the event the property under consideration is not adjacent to a PUBLIC STREET/ROAD RIGHT-OF-WAY, a second sign at the point at which the driveway (access drive) intersects a PUBLIC STREET/ROAD RIGHT-OF-WAY will be posted. The sign posting will be evidenced with a photograph. E. Preapplication Conference. It shall be at the discretion of the Department of Planning Services to determine if a preapplication conference is necessary to meet with the applicant and discuss information pertaining to the amendment. The standard preapplication form shall be used. F. Application Fee. An additional fifty percent (50%) of the permit fee shall be added to the cost of the Minor Amendment Special Review permit application fee when the USE is started without a Minor Amendment Special Review permit. The payment of the investigation fee shall not relieve any persons from fully complying with the requirements of this Chapter, nor from any other penalties. G. Application Requirements: 1. — No change. 2. One (1) copy of the Special Review map; twenty-four (24) inches by thirty-six (36) inches. See Subsection I below for map requirements. 3. One (1) eight -and -one-half inch by eleven -inch reduced copy of the twenty -four -inch by thirty -six-inch Special Review map. 4. thru 9. — No change. ""^c 4511414 Pages: 55 of 181 55 08/02/2019 01:53 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO III 2019-2621 ORD2019-02 10. One (1) copy of the affidavit and the certified list of the names, addresses and the corresponding parcel identification number assigned by the County Assessor of the owners of property (the surface estate) within five hundred (500) feet of property being considered. This list shall be compiled from the records of the County Assessor, the County website, www.co.weld.co.us, or a person qualified to do the task, and shall be current as of a date no more than thirty (30) days prior to the date the application is submitted to the Department of Planning Services. 11. REPEALED. 12. thru 14. — No change. Delete 15. H. Questionnaire. The following questions are to be answered and submitted as part of the Minor Amendment application. If a question does not pertain to your use, please respond with "not applicable," with an explanation as to why the question is not applicable. 1. and 2. — No change. 3. What type of USES surround the site (explain how the proposed use is consistent and compatible with surrounding land USES). 4. Describe, in detail, the following: a. thru c. — No change. d. Type and number of STRUCTURES to be erected (built) on this site. e. thru I. — No change. I. SITE SPECIFIC DEVELOPMENT PLAN and Use by Special Review (USR) Map Requirements. The map requirements for Minor Amendments shall be the same as required in Subsection 23-2-260.D, except that the certificate for the Planning Commission's signature shall be replaced with one for the Director of Planning Services and the certificates for the Board of County Commissioners and the Clerk to the Board are only required if the application is referred to the Board of County Commissioners. Delete remainder of Subsection L. 4511414 Pages: 56 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Koppea, Clerk and Recorder, Weld County, CO VIII��I�1��rM��4�L w�R�uh��l�lR��Y�h �I III 2019-2621 ORD2019-02 J. The applicant shall submit the draft map for preliminary approval to the Department of Planning Services in electronic (.pdf) format. Upon approval of the draft map, the applicant shall submit a final map for recording, along with all other documentation required as conditions of approval. The map shall be delineated in nonfading permanent black ink on Mylar or other drafting media approved by the Department of Planning Services. The map shall bear original signatures and seals in permanent black ink. Upon completion of all conditions of approval, the map shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The applicant shall be responsible for paying the recording fee. The conditions of approval shall be met and the map recorded within one hundred twenty (120) days from the date the administrative review was signed. If the map has not been recorded within one hundred twenty (120) days from the date the administrative review was signed (or from the date the resolution was signed, if approved by the Board of County Commissioners), or if an applicant is unable to meet all of the conditions within one hundred twenty (120) days of approval, the applicant may request an extension from the Director of Planning Services. The Director of Planning Services may grant a one-time extension of up to one hundred twenty (120) days, for good cause shown, upon a written request by the applicant. Before this extension has expired, the applicant may seek a further extension from the Board of County Commissioners by written request to the Director of Planning. If the Board of County Commissioners denies the extension or if the conditions are not met and the map recorded by the date specified by the Board, the approval shall be voided, and the application denied. Amend Sec. 23-2-290. Termination of use. A. and B. — No change. C. REPEALED. D. In such cases where the Use by Special Review has terminated but the landowner does not agree to request to vacate the Use by Special Review Permit, a hearing shall be scheduled with the Board of County Commissioners to provide the landowner an opportunity to request that the Use by Special Review Permit not be vacated, for good cause shown. The landowner shall be notified at least ten (10) days prior to the hearing. If the Board of County Commissioners determines that the Use by Special Review has terminated and no good cause has been shown for continuing the permit, then the termination becomes final and the Use by Special Review Permit is vacated. E. — No change. Delete F. Division 5 - Special Review Permits for Major Facilities of Public Utility or Public Agency Amend Sec. 23-2-300. Applicability. A. and B. — No change. Delete C. Amend Sec. 23-2-330. Duties of Department of Planning Services. A. — No change. B. Upon determination that a submitted application is complete, the staff of the Department of Planning Services shall: 4511414 Pages: 57 of 181 08/02/2019 01:53 PM R Fee $0.00 Carly Kopp's, '.fl�I�kc R�l�+�lerk � d Recorder, Weld County, CO 1111 ,ll�� '�4'�1�4=� �ili 11 III 7 2019-2621 ORD2019-02 1. Refer the application to the applicable agencies listed in Appendix 23-G, as determined by the Department of Planning Services. The failure of any agency to respond within twenty-eight (28) days may be deemed to be a favorable response to the proposal. The reviews and comments solicited by the COUNTY are intended to provide the COUNTY with information on the proposal. The Planning Commission may consider all such reviews and comments and may solicit additional information if such information is deemed necessary. The reviews and comments submitted by a REFERRAL agency are recommendations to the COUNTY. The authority for making the decision to approve or deny the proposal rests with the Planning Commission. 2. Prepare staff comments and recommendations for presentation at the Planning Commission hearing, addressing all aspects of the application, its conformance with this Chapter and Chapter 22 of this Code and comments received from REFERRAL agencies. 3. thru 5. — No change. 6. Give notice of application for a Special Review Permit and the public hearing date to those persons listed in the application as owners of property located within five hundred (500) feet of the parcel under consideration. For ELECTRIC TRANSMISSION LINE projects, notice of application shall be given for surface property owners for five hundred (500) feet on either side of the centerline of the proposed preferred alignment, and to interest holders (excluding mineral interests) in any real property proposed to be physically disturbed or crossed by the activity or DEVELOPMENT which is the subject of the application. Such notification shall be mailed, first-class, no less than ten (10) days before the scheduled public hearing. Such notice is not required by state statute and is provided as a courtesy to surrounding property owners (the surface estate). Inadvertent errors by the applicant in supplying such list, or the Department of Planning Services in sending such notice, shall not create a jurisdictional defect in the hearing process even if such error results in the failure of a surrounding property owner to receive such notification. Delete 7 thru 9. Amend Sec. 23-2-370. Application requirements. An adequate number of copies of the application for a Special Review Permit shall be submitted by the applicant to the Department of Planning Services. An application for a Special Review Permit shall contain the following information in such form as prescribed by the Department of Planning: A. thru D.13. — No change. 14. Additional information required for ELECTRIC TRANSMISSION LINES: a. thru 15.d. — No change. e. A letter from each utility company indicating its intention and ability to serve the DEVELOPMENT. f. A list of the names and addresses of all the local governments and special districts which would be affected by the DEVELOPMENT, and a statement of the anticipated overall impact on local governments and special district service capabilities, including: education, police protection, fire protection, water, sewer, health services and STREET/ROAD maintenance services. g. thru i. — No change. 4511414 Pages: 58 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County, CO "Ill 2019-2621 ORD2019-02 j. A description of any routine haul routes, identifying the STREETS/ROADS and bridges involved and the weight of the loads. k. — No change. E. The names and addresses of any owner, operator, or user of any irrigation ditch, lateral, or pipeline that traverses the property. F. The application fee. An additional fifty (50) percent of the permit fee shall be added to the cost of the application fee if the USE is started prior to issuance of a Special Review Permit. The payment of the investigation fee shall not relieve any persons from fully complying with the requirements of this Chapter, nor from any other penalties. Amend Sec. 23-2-380. Drawing requirements for facilities plan plats. A. The general drawing requirements for Facilities Plan Plats for SUBSTATION sites, oil and gas STORAGE AREAS and POWER PLANT sites are as follows: 1. An electronic (.pdf) version of the plat shall be submitted concurrently with the written application. 2. If approved, the plat shall be delineated in drawing ink on Mylar or other drafting media approved by the Department of Planning Services. The dimensions of the map shall be twenty-four (24) inches by thirty-six (36) inches. 3. The plat shall be prepared and certified by a land surveyor registered in the State. B. thru C.3. — No change. 4. Show the name and location of all streams, including normally dry streams, ponds or other bodies of water, existing structures, STREETS/ROADS, bridges, irrigation ditches, oil and gas wells, utility lines, LANDSCAPE features and easements. 5. Show the size and location of proposed STRUCTURES or associated facilities such as access drive, parking area, LANDSCAPED area and fencing. 6. — No change. D. Legend. The legend shall include: 1. — No change. 2. DEVELOPMENT STANDARDS governing the location, design, construction and operation of the proposed facility. 3. thru 5. — No change. 4311414 Pages: 39 of 181 01:53 PM and R,o edsr Weld County, CO 11111 Carly Koppes, 11111��019�k TN�I I idti:I64,1M'1lh f Mk PAGE 59 2019-2621 ORD2019-02 E. Upon approval, the applicant shall submit the plat, along with all other documentation required as conditions of approval. The plat shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services within one hundred twenty (120) days from the date of the Planning Commission resolution. The applicant shall be responsible for paying the recording fee. If a Use by Special Review (USR) plat has not been recorded within one hundred twenty (120) days from the date of the Planning Commission resolution, or within a date specified by the Planning Commission, the Planning Commission may require the applicant to appear before it and present evidence substantiating that the Use by Special Review (USR) has not been abandoned and that the applicant possesses the willingness and ability to record the Use by Special Review (USR) plat. The Planning Commission may extend the date for recording the plat. If the Planning Commission determines that conditions supporting the original approval of the Use by Special Review (USR) plat cannot be met, the Planning Commission may, after a public hearing, revoke the Use by Special Review (USR). Amend Sec. 23-2-390. Drawing requirements for utility line plan maps. A. The general drawing requirements for Utility Line Plan Maps for ELECTRIC TRANSMISSION LINES are as follows: 1. — No change. 2. An electronic (.pdf) version of the alternate route map set shall be submitted concurrently with the written application. 3. The selected route map set shall be submitted for recording after approval of a route by the Planning Commission. B. and C. — No change. D. Legend. A legend shall be included consisting of the following items: 1. DEVELOPMENT STANDARDS governing the location, design, construction and operation of the proposed facility. 2. thru 4. — No change. E. Upon approval, the applicant shall submit the map, along with all other documentation required as conditions of approval. The map shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services within one hundred twenty (120) days from the date of the Planning Commission resolution. The applicant shall be responsible for paying the recording fee. If a Use by Special Review (USR) map has not been recorded within one hundred twenty (120) days from the date of the Planning Commission resolution, or within a date specified by the Planning Commission, the Planning Commission may require the applicant to appear before it and present evidence substantiating that the Use by Special Review (USR) has not been abandoned and that the applicant possesses the willingness and ability to record the Use by Special Review (USR) map. The Planning Commission may extend the date for recording the map. If the Planning Commission determines that conditions supporting the original approval of the Use by Special Review (USR) map cannot be met, the Planning Commission may, after a public hearing, revoke the Use by Special Review (USR). Amend Sec. 23-2-400. Standards. The Planning Commission may approve an application for site selection and construction or expansion of a MAJOR FACILITY OF A PUBLIC UTILITY only if all applicable requirements of this Division are met, and the applicant has shown that the application is consistent with the following standards: 4511414 Pages: 60 of 181 08/02/2019 01:53 PM R FFee:$0,00 Carly Koppel, Clerk 1111 Irrl�}�i�rrlf' nd Recorder, Weld County, CO P+4��4L'��ii�I��IR'� Ilh �I III 2019-2621 ORD2019-02 A. thru L. — No change. M. Where a proposed POWER PLANT is to be located in an area where a sufficient housing supply is unavailable for the anticipated immigrant construction force, the applicant for the location of such a facility shall present plans showing how housing will be provided for such workers without creating major negative impacts on existing residents in the impacted communities. N. — No change. O. Applicants for activities reviewed pursuant to this Division 5 as MAJOR FACILITIES OF PUBLIC UTILITIES shall have the burden of proof to demonstrate that there is a need for the facility within the proposed area of service, and the Planning Commission shall be satisfied that a need exists as part of the determinations for any such permit. Division 6 - Use by Special Review Permits for PIPELINE - DOMESTIC WATER Amend Sec. 23-2-460. Prohibition of construction without permit. No person shall locate or construct a PIPELINE - DOMESTIC WATER in the unincorporated COUNTY without first obtaining a Use by Special Review Permit pursuant to this Division 6. Amend Sec. 23-2-470. Duties of department of planning services. A. — No change. B. Upon determination that a submitted application is complete, the staff of the Department of Planning Services shall: 1. Refer the application to the applicable agencies listed in Appendix 23-G, as determined by the Department of Planning Services. The failure of any agency to respond within twenty-eight (28) days may be deemed to be a favorable response. The reviews and comments solicited by the COUNTY are intended to provide the COUNTY with information about the proposed Use by Special Review. The Planning Commission and Board of County Commissioners may consider all such reviews and comments and may solicit additional information if such information is deemed necessary. The reviews and comments submitted by a REFERRAL agency are recommendations to the COUNTY. The authority for making the decision to approve or deny the request for a Use by Special Review Permit rests with the Board of County Commissioners. 2. Prepare staff comments for use by the Planning Commission addressing all aspects of the application, its conformance with Chapter 22 of this Code and any other applicable code provision or ordinance in effect, adopted MASTER PLANS of affected municipalities, sound land use planning practices, comments received from agencies to which the proposal was referred and standards contained in this Chapter. 3. Set a Planning Commission hearing date and a Board of County Commissioners hearing date. 4. — No change. 4511414 Pages: 61 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 lOrdrImIN NrJ aid, *WIC 11111 PAGE 61 2019-2621 ORD2019-02 5. Notice of application for a PIPELINE - DOMESTIC WATER and the public hearing dates shall be given to surface property owners within one hundred fifty (150) feet on each side of the centerline of the proposed preferred alignment, and to fee interest holders (excluding mineral interests) in any real property proposed to be physically disturbed or crossed by the activity or DEVELOPMENT which is the subject of the application. Such notification shall be mailed, first-class, no less than ten (10) days before the scheduled Planning Commission public hearing. Such notice is not required by state statute and is provided as a courtesy to surrounding property owners (the surface estate). Inadvertent errors by the applicant in supplying such list, or the Department of Planning Services in sending such notice, shall not create a jurisdictional defect in the hearing process even if such error results in the failure of a surrounding property owner to receive such notification. 6. Prepare staff comments and recommendations for presentation at the Board of County Commissioners hearing, addressing all aspects of the application, its conformance with this Chapter and Chapter 22 of this Code and comments received from REFERRAL agencies. 7. Arrange for legal notice of hearings to be published once in the newspaper designated by the Board of County Commissioners for publication of notices. At the discretion of the Board of County Commissioners, a second notice may be published in a newspaper published in the area in which the construction is proposed. Failure to publish the second notice shall not create a jurisdictional defect in the hearing process. The date of publication shall be at least ten (10) days prior to the hearing. Amend Sec. 23-2-480. Duties of planning commission. A. The Planning Commission shall hold a hearing to consider the application for the Use by Special Review Permit. The Planning Commission shall provide recommendations to the Board of County Commissioners concerning the disposition of the requested Use by Special Review Permit. The Planning Commission shall recommend approval of the request for the Use by Special Review Permit only if it finds that the applicant has met the standards or conditions of Section 23-2-480 of this Division and Chapter 22 of the Weld County Code. The applicant has the burden of proof to show that the standards and conditions of Section 23-2- 480 of this Division and Chapter 22 of the Weld County Code are met. The applicant shall demonstrate: 1. — No change. 2. The PIPELINE - DOMESTIC WATER will not have an undue adverse effect on existing and future DEVELOPMENT of the surrounding area, as set forth in applicable MASTER PLANS. 3. thru 7. — No change. 8. No adverse impact from stormwater runoff to the PUBLIC RIGHTS -OF -WAY and/or surrounding properties as a result of the PIPELINE - DOMESTIC WATER. B. — No change. C. If the Planning Commission recommendation is conditional upon the applicant completing certain specified items prior to the hearing by the Board of County Commissioners, the ten- day period shall commence upon submission of the items by the applicant to the Department of Planning Services. O11414 Pages: 62 181 08/02/2019 01:53 PM R Fee $0.00 Carly 1(01:pea, Clerk and Recorder, Weld County, CO Yoh �I III 2019-2621 ORD2019-02 Amend Sec. 23-2-490. Duties of Board of County Commissioners. The Board of County Commissioners shall hold a hearing to consider the application for construction or expansion of a PIPELINE — DOMESTIC WATER. The Board of County Commissioners may approve the application only if all applicable requirements of this Division are met, and the applicant has shown that the application is consistent with Chapter 22 of the Weld County Code and the following standards: A. — No change. B. The PIPELINE - DOMESTIC WATER will not have an undue adverse effect on existing and future DEVELOPMENT of the surrounding area as set forth in applicable MASTER PLANS. C. thru G. — No change. H. No adverse impact from stormwater runoff to the PUBLIC RIGHTS -OF -WAY and/or surrounding properties shall result from the PIPELINE - DOMESTIC WATER. Amend Sec. 23-2-510. Application requirements. An adequate number of copies of the application for a Use by Special Review Permit shall be submitted by the applicant to the Department of Planning Services. An application for a Use by Special Review Permit shall contain the following information in such form as prescribed by the Department of Planning Services: A. — No change. B. Address of the applicant. C. Summary statement of the project, to include when applicable: 1. thru 2.d. — No change. e. Information of any Neighborhood Meeting conducted, to include the location, date, time, attendance and method of advertising. f. thru k. — No change. I. A description of any haul routes to be used during construction, identifying STREETS/ROADS and bridges involved and the weight of the loads. m. Soils reports required for pipeline crossings or any pipeline encroaching in PUBLIC RIGHT-OF-WAY, if required by the Department of Public Works. n. — No change. D. A certified list of the names, addresses and the corresponding Parcel Identification Numbers assigned by the County Assessor of owners of surface properties located within 150 feet of the PIPELINE — DOMESTIC WATER. The source of such list shall be the records of the County Assessor, or an ownership update from a title, abstract company, or attorney derived from such records, or from the records of the County Clerk and Recorder. If the list was assembled from the records of the County Assessor, the applicant shall certify that such list was assembled within thirty (30) days of the application submission date. E. The names and addresses of any owner, operator, or user of any irrigation ditch, lateral, or pipeline that traverses the property. 4511414 Pages: 63 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County, CO ...,.c 63 2019-2621 ORD2019-02 F. The application fee. An additional fifty (50) percent of the permit fee shall be added to the cost of the application fee if the USE is started prior to issuance of a Special Review Permit. The payment of the investigation fee shall not relieve any persons from fully complying with the requirements of this Chapter, nor from any other penalties. Amend Sec. 23-2-520. Mapping requirements for PIPELINE - DOMESTIC WATER. A. thru C. — No change. D. Include a detailed map showing the approved route through the County. The approved route shall be displayed on a 1:200 scale map. The map shall show the recorded easements for the PIPELINE - DOMESTIC WATER. The map shall also include the location of the existing and future right-of-way above ground appurtenances, including, but not limited to, valve sites, laydown yards, parking and staging areas, temporary and permanent access points. The map shall include the location of the following items which exist within the easement boundaries: 1. The physical location of the STREET/ROAD. 2. All existing and future PUBLIC RIGHTS -OF -WAY. 3. thru 5. — No change. 6. Topography at ten -foot contour intervals or at intervals as determined necessary by the Department of Planning Services. 7. Identify GEOLOGIC HAZARD AREAS and/or SPECIAL FLOOD HAZARD AREAS. 8. — No change. E. Include detailed drawing of pipeline at intersection of any COUNTY STREET/ROAD, section line, or bridge. Drawings at intersections must be in plan and profile, and shall be at a scale of 1:100 or as determined by the Department of Public Works. PIPELINE - DOMESTIC WATER must meet the minimum requirements for cover, as determined by the Department of Public Works. F. — No change. G. DEVELOPMENT STANDARDS. Remainder of Section — No change. Division 7 — REPEALED. Division 8 — REPEALED. Division 9 — Fees. Amend Sec. 23-2-900. Fees established. Fees shall be collected in accordance with this Division 9 and Section 5-7-10 of this Code. Remainder of Division — No change. 4511414 Pages: 64 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly II kir1i I Clerk and r Recorder, , i' tF ,c�`mriw kph II II I PAGE 64 2019-2621 ORD2019-02 ARTICLE III - Zone Districts Division 1 - A (Agricultural) Zone District Amend Sec. 23-3-10. Intent. Agriculture in the COUNTY is considered a valuable resource which must be protected from adverse impacts resulting from uncontrolled and undirected business, industrial and residential land USES. The A (Agricultural) Zone District is established to maintain and promote agriculture as an essential feature of the COUNTY. The A (Agricultural) Zone District is intended to provide areas for the conduct of agricultural activities and activities related to agriculture and agricultural production, and for areas for natural resource extraction and energy development, without the interference of other, incompatible land USES. Amend Sec. 23-3-20. Uses allowed by right outside of subdivisions and historic townsites. No BUILDING, STRUCTURE or land shall be used and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the A (Agricultural) Zone District on LOTS outside of SUBDIVISIONS and HISTORIC TOWNSITES except for one (1) or more of the following USES. A. ANIMAL BOARDING and animal TRAINING FACILITIES where the maximum number of ANIMAL UNITS or HOUSEHOLD PETS permitted in Section 23-3-70.D below is not exceeded and traffic to and from the facility does not exceed sixty (60) daily trips. B. Asphalt or concrete batch plant and borrow pits used TEMPORARILY and exclusively for an on -site construction project or the completion of a PUBLIC STREET/ROAD improvements project where the subject property is at, on, or near the STREET/ROAD on which improvements are being made. The six-month limitation for this TEMPORARY USE may be extended in six-month increments at the discretion of the Director of Planning Services up to two (2) times, and thereafter by the Board of County Commissioners. C. CAMPING, FISHING, HUNTING, and noncommercial WATER SKIING. D. COUNTY grader sheds. E. FARMING and GARDENING, including STRUCTURES for storage of agricultural equipment and agricultural products and confinement or protection of LIVESTOCK. Converted, partially dismantled, modified, altered or refurbished MANUFACTURED HOMES shall not be utilized as agriculturally exempt BUILDINGS or for the storage of agricultural equipment or agricultural products or confinement or protection of LIVESTOCK. F. NONCOMMERCIAL TOWERS no taller than seventy (70) feet. (See Article IV, Division 10, of this Chapter.) G. Police, ambulance, and fire stations or facilities. H. PUBLIC parks. I. PUBLIC SCHOOLS. J. Sand, soil, and aggregate MINING that qualifies for a single limited impact operation under Section 34-32-110 C.R.S. (a 110 permit) or is exempt from any permits from the Colorado Division of Reclamation, Mining, and Safety, generates no more than five thousand (5,000) cubic yards of material per year for off -site USE, and does not involve crushing, screening, or other processing. An Improvements Agreement, as determined by the Department of Public Works, may be required prior to commencement of operations. 4511414 Pages: 65 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO iii re'hktVIR NI LO III 2019-2621 ORD2019-02 K. One (1) SINGLE-FAMILY DWELLING, FOSTER CARE HOME, or GROUP HOME per LEGAL LOT. L. TELECOMMUNICATIONS ANTENNA TOWERS no taller than thirty-five (35) feet. (See Article IV, Division 10, of this Chapter.) M. UTILITY SERVICE FACILITIES. N. Water tanks, agriculture -related. Delete O thru CC. Amend Sec. 23-3-30. Accessory uses outside of subdivisions and historic townsites. The following BUILDINGS, STRUCTURES and USES shall be allowed in the A (Agricultural) Zone District on LOTS outside of SUBDIVISIONS and HISTORIC TOWNSITES so long as they are clearly incidental and ACCESSORY to an allowed USE. A. One (1) caregiver of medical marijuana grown and sold pursuant to the provision of Article 43.3, Title 12, C.R.S., and for a purpose authorized by Section 14 of Article XVIII of the Colorado Constitution per LEGAL LOT as per Article VII, Chapter 12, of this Code. B. Up to two (2) CARGO CONTAINERS per LEGAL LOT of less than eighty (80) acres. Up to five (5) CARGO CONTAINERS may be allowed per LEGAL LOT of eighty (80) or more acres. C. NONCOMMERCIAL JUNKYARD, as long as it is ENCLOSED within a BUILDING or STRUCTURE or SCREENED from all ADJACENT properties and PUBLIC RIGHTS -OF - WAY in conformance with a SCREENING plan approved by the Department of Planning Services. D. OFFICES. E. OUTDOOR STORAGE of materials accessory to an allowed USE, as long as the materials are SCREENED from ADJACENT LOTS and RIGHTS -OF -WAY. F. Parking areas and parking STRUCTURES, including parking of one (1) COMMERCIAL VEHICLE per LEGAL LOT. G. Up to two (2) SEMI -TRAILERS used as ACCESSORY storage per LEGAL LOT. H. STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3-20. I. WIND GENERATORS allowed as ACCESSORY USES in Section 23-4-450 of this Chapter. Delete remainder of Section. Sec. 23-3-35. - Uses allowed by permit outside of subdivisions and historic townsites. No USE listed in this Section shall commence construction or operation in the A (Agricultural) Zone District on LOTS outside of SUBDIVISIONS and HISTORIC TOWNSITES without prior approval of a land use permit from the Department of Planning Services or Department of Public Health and Environment, as applicable. A. AGRICULTURAL PRODUCTION permitted under Division 17 of Article IV of this Chapter. B. AGRITAINMENT, agriculture -related EVENT FACILITIES, AGRITOURISM, and HUNTING LODGES permitted under Division 17 of Article IV of this Chapter. C. AIRPORTS and AIRSTRIPS, including crop -dusting operations, permitted under Division 17 of Article IV of this Chapter. D. AUXILIARY QUARTERS, which shall require approval of a certificate of compliance by the 4911414 Pages: 66 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County, CO ��ii �1 � � � + ��+�'Mai.i ��i r R�i'ou 1i iii 2019-2621 ORD2019-02 Department of Planning Services to ensure the USE complies with the definition in Section 23-1-90 of this Code. E. BED AND BREAKFAST FACILITIES permitted under Division 17 of Article IV of this Chapter. F. Disposal of BIOSOLIDS and/or DOMESTIC SEPTAGE permitted under Chapter 14 of this Code. G. BREW PUBS, BREWERIES, DISTILLERIES, and WINERIES permitted under Division 17 of Article IV of this Chapter. H. COMMUNITY BUILDINGS permitted under Division 17 of Article IV of this Chapter. I. CONTRACTOR'S SHOPS permitted under Division 17 of Article IV of this Chapter. J. CUSTOM MEAT PROCESSING permitted under Division 17 of Article IV of this Chapter. K. Farm equipment sales, repair and installation facilities permitted under Division 17 of Article IV of this Chapter. L. Golf courses permitted under Division 17 of Article IV of this Chapter. M. Grain, seed, feed, and fertilizer retail and wholesale sales permitted under Division 17 of Article IV of this Chapter. N. HOME OCCUPATIONS permitted under Division 13 of Article IV of this Chapter. O. Keeping between five (5) and eight (8) HOUSEHOLD PETS of one (1) species, or between eight (8) and sixteen (16) HOUSEHOLD PETS of two (2) or more species and, in addition, up to thirty (30) birds, permitted under Division 17 of Article IV of this Chapter. P. LANDSCAPING COMPANIES permitted under Division 17 of Article IV of this Chapter. Q. LIVESTOCK salebarns permitted under Division 17 of Article IV of this Chapter. R. MANUFACTURED HOMES and STRUCTURES permitted under Division 3 of Article IV of this Chapter. S. NONCOMMERCIAL TOWERS between seventy (70) and one hundred thirty (130) feet in height permitted under Division 10 of Article IV of this Chapter. T. OIL AND GAS FACILITIES permitted under Division 10 of Article II of this Chapter. U. PIPELINES - NATURAL GAS or PIPELINES - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS permitted under Division 11 of Article II of this Chapter. V. RECREATIONAL FACILITIES, PUBLIC and PRIVATE, permitted under Division 17 of Article IV of this Chapter. W. One (1) second SINGLE-FAMILY DWELLING per LEGAL LOT, subject to the provisions of Division 8 of Article IV of this Chapter. X. SHOOTING RANGES permitted under Division 17 of Article IV of this Chapter. Delete X. SMALL SCALE SOLAR FACILITIES. Y. TELECOMMUNICATIONS ANTENNA TOWERS between thirty-five (35) and seventy (70) feet in height. (See Article IV, Division 10, of this Chapter.) Z. TEMPORARY seasonal USES permitted under Division 7 of Article IV of this Chapter. AA. Veterinary clinics or animal hospitals permitted under Division 17 of Article IV of this 4511414 Pages: 67 of 181 08/02/2019 01:53 PM R Fe.:$0.00 Carly Koppel, Clerk and Reoorder, Weld County, CO VIII �� k N�Li�hil��.FifY(a' I �'�Yi 11111 57 2019-2621 ORD2019-02 Chapter. BB. WIND GENERATORS requiring a zoning permit under Division 6 of Article IV of this Chapter. Amend Sec. 23-3-40. Uses by special review outside of subdivisions and historic townsites. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained on LOTS outside of SUBDIVISIONS and HISTORIC TOWNSITES in the A (Agricultural) Zone District upon approval of a Special Review Permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter, or Article II, Division 5, in the case of MAJOR FACILITIES OF PUBLIC UTILITIES OR PUBLIC AGENCIES. A. ANIMAL BOARDING and animal TRAINING FACILITIES where the maximum number of ANIMAL UNITS permitted in Section 23-3-70.D below is exceeded or traffic to and from the facility exceeds sixty (60) average daily trips. Delete B and reletter. B. CAMPGROUNDS. C. More than the number of CARGO CONTAINERS allowed by Section 23-3-30. D. CHILD CARE CENTERS. E. COMMERCIAL rodeos and COMMERCIAL roping arenas. Delete G and reletter. F. CEMETERIES. G. CHURCHES. H. COMMERCIAL RECREATIONAL FACILITIES. I. CORRECTIONAL FACILITIES, subject to Article XV, Section 15-5, of the Weld County Charter. J. EVENT FACILITIES not agriculture -related. K. Keeping, raising or boarding of EXOTIC ANIMALS. L. HOME BUSINESSES. M. HELIPORTS. N. KENNELS, subject to the additional requirements of Section 23-4-400. O. LIVESTOCK CONFINEMENT OPERATIONS, subject to the additional requirements of Section 23-4-350. P. LUMBERYARDS/WOODWORKING. Q. MAJOR FACILITIES OF PUBLIC UTILITIES OR PUBLIC AGENCIES in accordance with Division 5 of Article II of this Chapter. R. MEDIUM SCALE SOLAR FACILITY, subject to the additional requirements of Section 23- 5-1030. S. Open MINING and processing of minerals, subject to the additional requirements of Article IV, Division 4, of this Chapter. 4811414 Pages: 68 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Koppe., Clerk and Recorder, Weld County, CO •ii �� r� i ,��i �ys��,i c ii iii >8 2019-2621 ORD2019-02 T. MULTI -FAMILY DWELLINGS for persons PRINCIPALLY employed at or engaged in FARMING. U. NONCOMMERCIAL TOWERS requiring approval of a Use by Special Review. V. OIL AND GAS STORAGE FACILITIES. W. OIL AND GAS SUPPORT AND SERVICE. X. ORGANIC FERTILIZER PRODUCTION/COMPOSTING FACILITIES. Y. OUTDOOR STORAGE of PUBLIC utility -related equipment. Z. PIPELINES - DOMESTIC WATER in accordance with Division 6 of Article II of this Chapter. AA. Private SCHOOLS. BB. RACING FACILITIES. CC. REPAIR SERVICE ESTABLISHMENT. DD. RESEARCH LABORATORIES. EE. RESIDENTIAL THERAPEUTIC CENTERS. FF. More than the number of SEMI -TRAILERS as ACCESSORY storage allowed by right or by permit. GG. SMALL SCALE SOLAR FACILITIES, subject to the additional requirements of Section 23- 4-1030. HH. Solid and hazardous waste disposal sites and facilities requiring Certificate of Designation in accordance with Sections 12-8-10 and 23-4-380 of this Code. II. TELECOMMUNICATION ANTENNA TOWERS requiring approval of a Use by Special Review. JJ. TRANSLOADING. KK. USES similar to the USES listed as permitted as long as the USE complies with the general intent of the Zone District. LL. WIND GENERATORS requiring the issuance of Special Review Permit under Division 6 of Article IV of this Chapter. Sec. 23-3-45. Uses allowed by right in subdivisions and historic townsites. No BUILDING, STRUCTURE or land shall be used, and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the A (Agricultural) Zone District in SUBDIVISIONS or HISTORIC TOWNSITES except for one (1) or more of the following USES. A. ANIMAL BOARDING and animal TRAINING FACILITIES where the maximum number of ANIMAL UNITS permitted in Section 23-3-70.D below is not exceeded and traffic to and from the facility does not exceed sixty (60) daily trips. B. CAMPING, FISHING, HUNTING, and noncommercial WATER SKIING. C. COUNTY grader sheds. 4511414 Pages: 69 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Koppel, Clerk and Reoorder, Weld County, Co VIII �� ;lalk ��O� lI��«k1Yiii=k iI III a 2019-2621 ORD2019-02 D. FARMING and GARDENING including STRUCTURES for storage of agricultural equipment and agricultural products and confinement or protection of LIVESTOCK. Converted, partially dismantled, modified, altered or refurbished MANUFACTURED HOMES shall not be utilized as agriculturally exempt BUILDINGS or for the storage of agricultural equipment or agricultural products or confinement or protection of LIVESTOCK. E. NONCOMMERCIAL TOWERS no taller than seventy (70) feet. (See Section 23-4-895.) F. Police, ambulance, and fire stations or facilities. G. PUBLIC parks. H. PUBLIC SCHOOLS. I. One (1) SINGLE-FAMILY DWELLING, FOSTER CARE HOME, or GROUP HOME per LEGAL LOT. J. TELECOMMUNICATIONS ANTENNA TOWERS no taller than thirty-five (35) feet. (See Article IV, Division 10, of this Chapter.) K. UTILITY SERVICE FACILITIES. L. Water tanks, agriculture -related. Amend Sec. 23-3-50. - Accessory uses in subdivisions and townsites. The following BUILDINGS, STRUCTURES and USES shall be allowed in the A (Agricultural) Zone District on LOTS in SUBDIVISIONS and HISTORIC TOWNSITES so long as they are clearly incidental and ACCESSORY to an allowed USE. Note: The combined GROSS FLOOR AREA of all ACCESSORY BUILDINGS constructed after August 25, 1981 on LOTS of less than ten (10) acres in SUBDIVISIONS and HISTORIC TOWNSITES shall not exceed four (4) percent of the total LOT area, except in Regional Urbanization Areas, which shall adhere to RUA development standards. However, in no case shall such an ACCESSORY BUILDING exceed twice the GROSS FLOOR AREA of the principal DWELLING UNIT on the LOT except by VARIANCE. Any ACCESSORY STRUCTURE made nonconforming by application of this Section may be repaired, replaced or restored in total. A. One (1) caregiver of medical marijuana that is grown and sold pursuant to the provision of Article 43.3, Title 12, C.R.S., and for a purpose authorized by Section 14 of Article XVIII of the Colorado Constitution per LEGAL LOT as per Article VII, Chapter 12, of this Code. B. One (1) CARGO CONTAINER per LEGAL LOT. C. NONCOMMERCIAL JUNKYARD, as long as it is ENCLOSED within a BUILDING or STRUCTURE or SCREENED from all ADJACENT properties and PUBLIC RIGHTS -OF -WAY in conformance with a SCREENING plan approved by the Department of Planning Services. D. OFFICES. E. OUTDOOR STORAGE of materials accessory to an allowed USE, as long as the materials are SCREENED from ADJACENT LOTS and RIGHTS -OF -WAY. F. Parking areas and parking STRUCTURES, not including parking of COMMERCIAL VEHICLES. G. STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3-45. H. WIND GENERATORS allowed as ACCESSORY USES in Section 23-4-450 of this Chapter. 4511414 Pages: 70 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Kopp. , Clerk and Recorder, Weld County, CO 11 111 2019-2621 ORD2019-02 Sec. 23-3-55. Uses allowed by permit in subdivisions and historic townsites. No USE listed in this Section shall commence construction or operation in the A (Agricultural) Zone District on LOTS in SUBDIVISIONS and HISTORIC TOWNSITES without prior approval of a land use permit from the Department of Planning Services or Department of Public Health and Environment, as applicable. A. AGRITAINMENT, agriculture -related EVENT FACILITIES, AGRITOURISM, and HUNTING LODGES permitted under Division 17 of Article IV of this Chapter. B. AUXILIARY QUARTERS, which shall require approval of a certificate of compliance by the Department of Planning Services to ensure the USE complies with the definition in Section 23-1-90 of this Code. C. BED AND BREAKFAST FACILITIES permitted under Division 17 of Article IV of this Chapter. D. BREW PUBS, BREWERIES, DISTILLERIES, and WINERIES permitted under Division 17 of Article IV of this Chapter. E. Parking of one (1) COMMERCIAL VEHICLE per LEGAL LOT permitted under Division 12 of Article IV of this Chapter. F. COMMUNITY BUILDINGS permitted under Division 17 of Article IV of this Chapter. G. CONTRACTOR'S SHOPS permitted under Division 17 of Article IV of this Chapter. H. Farm equipment sales, repair and installation facilities permitted under Division 17 of Article IV of this Chapter. I. Golf courses permitted under Division 17 of Article IV of this Chapter. J. HOME OCCUPATIONS permitted under Division 13 of Article IV of this Chapter. K. Keeping between five (5) and eight (8) HOUSEHOLD PETS of one (1) species, or between eight (8) and sixteen (16) HOUSEHOLD PETS of two (2) or more species and, in addition, up to thirty (30) birds, permitted under Division 17 of Article IV of this Chapter. L. MANUFACTURED HOMES and STRUCTURES permitted under Division 3 of Article IV of this Chapter. M. NONCOMMERCIAL TOWERS between seventy (70) and one hundred thirty (130) feet in height permitted under Section 23-4-895. N. OIL AND GAS FACILITIES permitted under Division 10 of Article II of this Chapter. O. PIPELINES - NATURAL GAS or PIPELINES - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS permitted under Division 11 of Article II of this Chapter. P. RECREATIONAL FACILITIES, PUBLIC and PRIVATE, permitted under Division 17 of Article IV of this Chapter. Q. One (1) SEMI -TRAILER used as ACCESSORY storage per LEGAL LOT permitted under Division 11 of Article IV of this Chapter. R. SHOOTING RANGES permitted under Division 17 of Article IV of this Chapter. Delete R — SMALL SCALE SOLAR FACILITIES. S. TELECOMMUNICATIONS ANTENNA TOWERS between thirty-five (35) and seventy (70) feet in height permitted under Division 10 of Article IV of this Chapter. 4°511414 Pages: 71 of 181 08/02/2019 01:53 PM R Fee:$0,00 Carly Koppel, Clerk and Recorder, Weld County, CO III 'E 71 2019-2621 ORD2019-02 T. TEMPORARY seasonal USES permitted under Division 7 of Article IV of this Chapter. U. Veterinary clinics or animal hospitals permitted under Division 17 of Article IV of this Chapter. V. WIND GENERATORS requiring a zoning permit under Division 6 of Article IV of this Chapter. Amend Sec. 23-3-60. Uses by special review in subdivisions. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained on LOTS in SUBDIVISIONS in the A (Agricultural) Zone District upon approval of a Special Review Permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. A. ACCESSORY BUILDINGS with GROSS FLOOR AREA larger than four (4) percent of the total LOT area, as detailed in Section 23-3-50 above. B. AGRICULTURAL PRODUCTION. C. ANIMAL BOARDING and animal TRAINING FACILITIES where the maximum number of ANIMAL UNITS permitted in Section 23-3-70.D below is exceeded or traffic to and from the facility exceeds sixty (60) daily trips. D. CAMPGROUNDS. E. More than one (1) CARGO CONTAINER. F. CEMETERIES. G. CHILD CARE CENTERS. H. CHURCHES. I. COMMERCIAL RECREATIONAL FACILITIES J. COMMERCIAL rodeos and COMMERCIAL roping arenas. K. Disposal of DOMESTIC SEPTAGE permitted under Chapter 14 of this Code. L. EVENT FACILITIES not agriculture -related. M. Keeping, raising or boarding of EXOTIC ANIMALS. N. Grain, seed, feed, and fertilizer retail and wholesale sales. O. HOME BUSINESSES. P. KENNELS. Q. LIVESTOCK salebarns. R. MEDIUM SCALE SOLAR FACILITIES, subject to the additional requirements of Section 23- 4-1030. S. ORGANIC FERTILIZER PRODUCTION/COMPOSTING FACILITIES. T. OUTDOOR STORAGE of PUBLIC utility -related equipment. U. Private SCHOOLS. V. REPAIR SERVICE ESTABLISHMENT. W. RESIDENTIAL THERAPEUTIC CENTERS. 4511414 Pages: 72 of 181 08/02/2019 01:53 PM R Fee:$0,00 Carly Koppu Clsrk and R.00rd.r, W.ld County, Co uIII NKII:I lFcANW�'ng i��l�4UF'��G ilii ik BIM I 2019-2621 ORD2019-02 X. RESTAURANTS. Y. One (1) second SINGLE-FAMILY DWELLING per LEGAL LOT, subject to the provisions of Division 8 of Article IV of this Chapter. Z. More than the number of SEMI -TRAILERS as ACCESSORY storage allowed by right or by permit. AA. SMALL SCALE SOLAR FACILITIES, subject to the additional requirements of Section 23-4-1030. BB. USES similar to the USES listed as permitted as long as the USE complies with the general intent of the Zone District. CC. WIND GENERATORS requiring the issuance of Special Review Permit under Division 6 of Article IV of this Chapter. Sec. 23-3-65. Uses by special review in historic townsites. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained on LOTS in HISTORIC TOWNSITES in the A (Agricultural) Zone District upon approval of a Special Review Permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. A. ACCESSORY BUILDINGS with GROSS FLOOR AREA larger than four (4) percent of the total LOT area, as detailed in Section 23-3-32 above. B. AGRICULTURAL PRODUCTION. C. AIRPORTS and AIRSTRIPS, including crop -dusting operations. D. ANIMAL BOARDING and animal TRAINING FACILITIES where the maximum number of ANIMAL UNITS permitted in Section 23-3-70.D below is exceeded or traffic to and from the facility exceeds sixty (60) daily trips. E. CAMPGROUNDS. F. CAR WASHES and gas stations. G. More than one (1) CARGO CONTAINER. H. CEMETERIES. I. CHILD CARE CENTERS. J. CHURCHES. K. COMMERCIAL RECREATIONAL FACILITIES L. COMMERCIAL rodeos and COMMERCIAL roping arenas. M. COMMERCIAL SCHOOLS. Delete N and reletter. N. CUSTOM MEAT PROCESSING. O. Disposal of DOMESTIC SEPTAGE permitted under Chapter 14 of this Code. P. EVENT FACILITIES not agriculture -related. Q. Keeping, raising or boarding of EXOTIC ANIMALS. R. FUNERAL HOMES or mortuaries. 4511414 Pages: 73 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Koppea, Clerk and Reoordsr, Weld County, CO III II 73 2019-2621 ORD2019-02 S. Grain, seed, feed, and fertilizer retail and wholesale sales. T. HELIPORTS. U. HOME BUSINESSES. V. HOTELS/MOTELS. W. KENNELS. X. LANDSCAPING COMPANIES. Y. LIVESTOCK salebarns. Z. LUMBERYARDS/WOODWORKING. AA. MEDIUM SCALE SOLAR FACILITIES, subject to the additional requirements of Section 23-4-1030. BB. NIGHTCLUBS, BARS, LOUNGES OR TAVERNS. CC. ORGANIC FERTILIZER PRODUCTION/COMPOSTING FACILITIES. DD. OUTDOOR STORAGE of PUBLIC utility -related equipment. EE. Private SCHOOLS. FF. REPAIR SERVICE ESTABLISHMENT. GG. RESIDENTIAL THERAPEUTIC CENTERS. HH. RESTAURANTS. II. RETAIUSERVICE ESTABLISHMENT. JJ. One (1) second SINGLE-FAMILY DWELLING per LEGAL LOT, subject to the provisions of Division 8 of Article IV of this Chapter. KK. More than the number of SEMI -TRAILERS as ACCESSORY storage allowed by right or by permit. LL. SMALL SCALE SOLAR FACILITIES, subject to the additional requirements of Section 23-4-1030. MM. TRANSLOADING. NN. USES similar to the USES listed as permitted as long as the USE complies with the general intent of the Zone District. OO. WIND GENERATORS requiring the issuance of Special Review Permit under Division 6 of Article IV of this Chapter. Sec. 23-3-70. Bulk requirements. The following lists the bulk requirements for the A (Agricultural) Zone District. Land in the A (Agricultural) Zone District is subject to the requirements contained in this Section. A. Minimum LOT size: 1. Irrigated: eighty (80) acres (or is a parcel otherwise recognized as half of a quarter section). 2. Dry: eighty (80) acres (or is a parcel otherwise recognized as half of a quarter section). 3. LOTS less than eighty (80) acres in size: 4811414 Pages: 74 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Koppas, Clerk and Reoorder, Weld County, Co liii I r� � R ' � I rN �h.�L�WiIRI lIPI' 1I II 1 2019-2621 ORD2019-02 a. Within an HISTORIC TOWNSITE, as defined in Sec. 23-1-90 of this Code; b. Created prior to September 20, 1961; c. Created in compliance with the Weld County Subdivision Regulations; d. Created in compliance with the Weld County Subdivision Ordinance, Weld County Ordinance 173; or e. Created in compliance with Chapter 24 of the Weld County Code. B. Minimum SETBACK: twenty (20) feet. Roadside stands shall be located not less than fifty (50) feet from any PUBLIC RIGHT-OF-WAY. C. Minimum OFFSET: three (3) feet, or one (1) foot for each three (3) feet of BUILDING HEIGHT, whichever is greater. D. Maximum number of ANIMAL UNITS permitted per acre: in accordance with the number shown in the table associated with the definition of ANIMAL UNITS set forth in Section 23-1-90 of this Code. The maximum number of HOUSEHOLD PETS per LOT shall be four (4) HOUSEHOLD PETS of one (1) species or a total of seven (7) HOUSEHOLD PETS of two (2) or more species, except that on a LOT of at least ten (10) acres and not in a SUBDIVISION or HISTORIC TOWNSITE the owner or occupant shall be permitted to keep or maintain up to eight (8) HOUSEHOLD PETS of one (1) species or sixteen (16) HOUSEHOLD PETS of two (2) or more species, and up to thirty (30) birds. E. No occupied BUILDING or STRUCTURE shall be constructed within two -hundred (200) feet of any TANK BATTERY, within one hundred -fifty (150) feet of any oil and gas wellhead or within twenty-five (25) feet of any plugged or abandoned oil and gas well. F. Sources of light shall be shielded so that beams or rays of light will not shine directly onto ADJACENT properties. Neither the direct nor reflected light from any light source may create a traffic hazard to operators of motor vehicles on PUBLIC or private STREETS/ROADS. No colored lights may be used which may be confused with or construed as traffic control devices. Division 2 - Residential Zone Districts Sec. 23-3-100. Intent. The R-1, R-2, R-3, R-4 and R-5 Residential Zone Districts are intended to provide present and future residents of the COUNTY with areas in which to locate and establish a variety of residential land USES and land USES that are compatible with residential areas. The Residential Zone Districts are typically located in County Urban Growth Boundaries, Urban Development Nodes, Regional Urbanization Areas or other areas where adequate services and infrastructure are currently available or reasonably obtainable. Sec. 23-3-105. Water and sewer requirements. A. For all R Zone Districts, all USES requiring water on LEGAL LOTS created prior to August 25, 1981 shall provide evidence that an adequate source of water and an adequate sewage disposal system are available prior to the issuance of a building permit. The sewage disposal system shall comply with the On -Site Wastewater Treatment System regulations contained in Chapter 30 of this Code or shall be served by PUBLIC SEWER service. LEGAL LOTS created prior to August 25, 1981, but later combined to form a larger LOT shall be considered as having been created prior to said date for the purpose of this section. B. USES requiring water on all other LOTS in R Zone Districts shall be served by PUBLIC WATER from a water district or municipality and PUBLIC SEWER service. 4511414 Pages: 75 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County, CO 75 2019-2621 ORD2019-02 Amend Sec. 23-3-110. R-1 (Low -Density Residential) Zone District. A. Intent. The purpose of the R-1 Zone District is to provide areas predominantly for suburban - scale SINGLE-FAMILY residential USE that are located, designed and developed in compliance with the applicable requirements of this Code. The R-1 Zone District is also intended to accommodate nonresidential land USES that are ACCESSORY to or compatible with residential USES. This Zone District may serve as a transition between E and R-2 Zone Districts and should be located such that driveways will be located on low -traffic, local PUBLIC or private STREETS/ROADS or ALLEYS. B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be used, and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the R-1 Zone District except for one (1) or more of the following USES. 1. FISHING and noncommercial WATER SKIING. 2. GARDENING. 3. One (1) NONCOMMERCIAL TOWER up to forty (40) feet in height per LEGAL LOT. (See Section 23-4-895.) 4. PUBLIC parks. 5. PUBLIC SCHOOLS. 6. One (1) SINGLE-FAMILY DWELLING, FOSTER CARE HOME, or GROUP HOME FACILITY per LEGAL LOT. 7. UTILITY SERVICE FACILITIES. Delete 8. thru 10.a. C. Uses allowed subject to Site Plan Review. The following USES shall be allowed in the R-1 Zone District following approval and recording of a Site Plan in accordance with Article II, Division 3, of this Chapter. 1. CHURCHES. 2. COMMUNITY BUILDINGS. 3. Golf courses. 4. Police, ambulance, and fire stations or facilities. 5. Private SCHOOLS. 6. RECREATIONAL FACILITIES, PUBLIC and PRIVATE. D. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in the R-1 Zone District so long as they are clearly incidental and ACCESSORY to an allowed USE. Note: The combined GROSS FLOOR AREA of all ACCESSORY BUILDINGS constructed after the original effective date of this Chapter (August 25, 1981) on LOTS of less than ten (10) acres in SUBDIVISIONS and HISTORIC TOWNSITES shall not exceed four (4) percent of the total LOT area, except in Regional Urbanization Areas (RUA), which shall adhere to RUA development standards. However, in no case shall such an ACCESSORY BUILDING in a SUBDIVISION or HISTORIC TOWNSITE exceed twice the GROSS FLOOR AREA of the principal DWELLING UNIT on the LOT except by VARIANCE. Any ACCESSORY BUILDING made nonconforming by application of this Section may be repaired, replaced or restored in total. 4M1414 Pages: 76 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County, CO 11111 2019-2621 ORD2019-02 1. Parking areas and parking STRUCTURES, not including parking of COMMERCIAL VEHICLES. 2. STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3-110.B, not including CARGO CONTAINERS. 3. Swimming pools, tennis courts and similar ACCESSORY USES and STRUCTURES. 4. WIND GENERATORS allowed as ACCESSORY USES in Section 23-4-450 of this Chapter. E. Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or operation in the R-1 Zone District without prior approval of a land use permit from the Department of Planning Services. 1. HOME OCCUPATIONS - CLASS I permitted under Division 13 of Article IV of this Chapter. 2. One (1) NONCOMMERCIAL TOWER between forty (40) and seventy (70) feet in height per LEGAL LOT permitted under Section 23-4-895. 3. OIL AND GAS FACILITIES permitted under Division 10 of Article II of this Chapter. 4. PIPELINES - NATURAL GAS or PIPELINES - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS permitted under Division 11 of Article II of this Chapter. 5. WIND GENERATORS requiring a zoning permit under Division 6 of Article IV of this Chapter. F. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained in the R-1 Zone District upon approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. 1. ACCESSORY BUILDINGS with a GROSS FLOOR AREA larger than four (4) percent of the total LOT area, as detailed in Subparagraph D above. 2. BED AND BREAKFAST FACILITIES. 3. CEMETERIES. 4. CHILD CARE CENTERS. 5. HOSPITALS, nursing homes, rehabilitation centers. 6. PIPELINES - DOMESTIC WATER in accordance with Division 6 of Article II of this Chapter. 7. RESIDENTIAL THERAPEUTIC CENTERS. 8. USES similar to the USES listed as permitted as long as the USE complies with the general intent of the Zone District. 9. WIND GENERATORS requiring the issuance of Special Review Permit under Division 6 of Article IV of this Chapter. 4M1414 Pages: 77 of 181 08/02/2019 01:53 PM R Fee:$0.00 Cerly Koppel, Clerk and Recorder, Weld County, CO VIII l�� FKr�R� �I�LrWiI �k h1h N��YLtih 11111 PAGE 77 2019-2621 ORD2019-02 Amend Sec. 23-3-120. R-2 (Duplex Residential) Zone District. A. Intent. The purpose of the R-2 Zone District is to provide areas for DUPLEX residential USES that are located, designed and developed in compliance with the applicable requirements of this Code. The R-2 Zone District is also intended to accommodate nonresidential land USES that are ACCESSORY to or compatible with residential USES. This Zone District may serve as a transition between R-1 and R-3 or R-4 Zone Districts and should be located such that driveways will be located on low -traffic, LOCAL PUBLIC or private STREETS or ALLEYS. B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be used and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the R-2 Zone District except for one (1) or more of the following USES. 1. FISHING and noncommercial WATER SKIING. 2. GARDENING. 3. One (1) NONCOMMERCIAL TOWER up to forty (40) feet in height per LEGAL LOT. (See Section 23-4-895.) 4. PUBLIC parks 5. PUBLIC SCHOOLS 6. One (1) SINGLE-FAMILY DWELLING, DUPLEX DWELLING, FOSTER CARE HOME, or GROUP HOME FACILITY per LEGAL LOT. 7. UTILITY SERVICE FACILITIES. C. Uses allowed subject to Site Plan Review. The following USES shall be allowed in the R-2 Zone District following approval and recording of a Site Plan in accordance with Article II, Division 3, of this Chapter. 1. CHURCHES. 2. COMMUNITY BUILDINGS. 3. Golf courses. 4. Police, ambulance, and fire stations or facilities. 5. Private SCHOOLS. 6. RECREATIONAL FACILITIES, PUBLIC and PRIVATE. D. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in the R-2 Zone District so long as they are clearly incidental and ACCESSORY to an allowed USE. Note: The combined GROSS FLOOR AREA of all ACCESSORY BUILDINGS constructed after the original effective date of this Chapter (August 25, 1981) on LOTS of less than ten (10) acres in SUBDIVISIONS and HISTORIC TOWNSITES shall not exceed four (4) percent of the total LOT area, except in Regional Urbanization Areas (RUA), which shall adhere to RUA development standards. However, in no case shall such an ACCESSORY BUILDING in a SUBDIVISION or HISTORIC TOWNSITE exceed twice the GROSS FLOOR AREA of the principal DWELLING UNIT on the LOT except by VARIANCE. Any ACCESSORY BUILDING made nonconforming by application of this Section may be repaired, replaced or restored in total. 1. Parking areas and parking STRUCTURES, not including parking of COMMERCIAL VEHICLES. 4511414 Pages: 78 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Kappa,, Clerk and Recorder, Weld County, CO 11111 2019-2621 ORD2019-02 2. STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3-120.B, not including CARGO CONTAINERS. 3. Swimming pools, tennis courts and similar ACCESSORY USES and STRUCTURES. 4. WIND GENERATORS allowed as ACCESSORY USES in Section 23-4-450 of this Chapter. E. Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or operation in the R-2 Zone District without prior approval of a land use permit from the Department of Planning Services. 1. HOME OCCUPATIONS - CLASS I permitted under Division 13 of Article IV of this Chapter. 2. One (1) NONCOMMERCIAL TOWER per LEGAL LOT between forty (40) and seventy (70) feet in height per LEGAL LOT permitted under Section 23-4-895. 3. OIL AND GAS FACILITIES permitted under Division 10 of Article II of this Chapter. 4. PIPELINES - NATURAL GAS or PIPELINES - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS permitted under Division 11 of Article II of this Chapter. 5. WIND GENERATORS requiring a zoning permit under Division 6 of Article IV of this Chapter. F. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained in the R-2 Zone District upon approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. 1. ACCESSORY BUILDINGS with a GROSS FLOOR AREA larger than four (4) percent of the total LOT area, as detailed in Subparagraph D above. 2. CEMETERIES. 3. CHILD CARE CENTERS. 4. HOSPITALS, nursing homes, rehabilitation centers. 5. PIPELINES - DOMESTIC WATER in accordance with Division 6 of Article II of this Chapter. 6. RESIDENTIAL THERAPEUTIC CENTERS. 7. USES similar to the USES listed as permitted as long as the USE complies with the general intent of the Zone District. 8. WIND GENERATORS requiring the issuance of Special Review Permit under Division 6 of Article IV of this Chapter. Amend Sec. 23-3-130. R-3 (Medium -Density Residential) Zone District. A. Intent. The purpose of the R-3 Zone District is to provide areas for higher density residential uses that are located, designed and developed in compliance with the applicable requirements of this Code. The R-3 Zone District is also intended to accommodate nonresidential land USES that are ACCESSORY to or compatible with residential USES. This Zone District may serve as a transition between COMMERCIAL Zone Districts and R-1 or R-2 Zone Districts and should be located in urban or urbanizing areas where SCHOOLS and COMMERCIAL services are available. 4511414 Pages: 79 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Kopp.., Clerk and Reoorder, Weld County, CO 1111l��'!'4R I '��C��' 14i�L SNC hR�RI'�Yi 11111 79 2019-2621 ORD2019-02 B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be used, and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the R-3 Zone District except for one (1) or more of the following USES. 1. DUPLEX DWELLINGS. 2. FISHING and noncommercial WATER SKIING. 3. FOSTER CARE HOMES. 4. GARDENING. 5. GROUP HOME FACILITIES. 6. One (1) NONCOMMERCIAL TOWER up to forty (40) feet in height per LEGAL LOT. (See Section 23-4-895.) 7. PUBLIC parks. 8. PUBLIC SCHOOLS. 9. UTILITY SERVICE FACILITIES. C. Uses allowed subject to Site Plan Review. The following USES shall be allowed in the R-3 Zone District following approval and recording of a Site Plan in accordance with Article II, Division 3, of this Chapter. 1. CHURCHES. 2. COMMUNITY BUILDINGS. 3. Golf courses. 4. Police, ambulance, and fire stations or facilities. 5. Private SCHOOLS. 6. RECREATIONAL FACILITIES, PUBLIC and PRIVATE. 7. MULTIFAMILY DWELLINGS with up to six (6) DWELLING UNITS per STRUCTURE. D. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in the R-3 Zone District so long as they are clearly incidental and ACCESSORY to an allowed USE. Note: The combined GROSS FLOOR AREA of all ACCESSORY BUILDINGS constructed after the original effective date of this Chapter (August 25, 1981) on LOTS of less than ten (10) acres in SUBDIVISIONS and HISTORIC TOWNSITES shall not exceed four (4) percent of the total LOT area, except in Regional Urbanization Areas (RUA), which shall adhere to RUA development standards. However, in no case shall such an ACCESSORY BUILDING in a SUBDIVISION or HISTORIC TOWNSITE exceed twice the GROSS FLOOR AREA of the principal DWELLING UNIT on the LOT except by VARIANCE. Any ACCESSORY BUILDING made nonconforming by application of this Section may be repaired, replaced or restored in total. 1. Parking areas and parking STRUCTURES, not including parking of COMMERCIAL VEHICLES. 2. STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3-130.B, not including CARGO CONTAINERS. 3. Swimming pools, tennis courts and similar ACCESSORY USES and STRUCTURES. 4511414 Pages: 80 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County, CO 11111 2019-2621 ORD2019-02 4. WIND GENERATORS allowed as ACCESSORY USES in Section 23-4-450 of this Chapter. E. Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or operation in the R-3 Zone District without prior approval of a land use permit from the Department of Planning Services. 1. HOME OCCUPATIONS - CLASS I permitted under Division 13 of Article IV of this Chapter. 2. One (1) NONCOMMERCIAL TOWER between forty (40) and seventy (70) feet in height per LEGAL LOT permitted under Section 23-4-895. 3. OIL AND GAS FACILITIES permitted under Division 10 of Article II of this Chapter. 4. PIPELINES - NATURAL GAS or PIPELINES - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS permitted under Division 11 of Article II of this Chapter. 5. WIND GENERATORS requiring a zoning permit under Division 6 of Article IV of this Chapter. F. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained in the R-3 Zone District upon approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. 1. ACCESSORY BUILDINGS with a GROSS FLOOR AREA larger than four (4) percent of the total LOT area, as detailed in Subparagraph D above. 2. CEMETERIES. 3. CHILD CARE CENTERS. 4. HOSPITALS, nursing homes, rehabilitation centers. 5. PIPELINES - DOMESTIC WATER in accordance with Division 6 of Article II of this Chapter. 6. RESIDENTIAL THERAPEUTIC CENTERS. 7. USES similar to the USES listed as permitted as long as the USE complies with the general intent of the Zone District. 8. WIND GENERATORS requiring the issuance of Special Review Permit under Division 6 of Article IV of this Chapter. Amend Sec. 23-3-140. R-4 (High -Density Residential) Zone District. A. No area of the COUNTY shall be rezoned to the R-4 Zone District after July 25, 2019. B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be used, and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the R-4 Zone District except for one (1) or more of the following USES. 1. DUPLEX DWELLINGS. 2. FISHING and noncommercial WATER SKIING. 3. FOSTER CARE HOMES. 4. GARDENING. 5. GROUP HOME FACILITIES. 4M1414 Pages: 81 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Koppaa, Clark and Raoordar, Wald County, Co VIII HU��k �MR�t�'N�i�M�1�R �d'�'EI�L�Yi�I �Yi II II 81 2019-2621 ORD2019-02 6. One (1) NONCOMMERCIAL TOWER up to forty (40) feet in height per LEGAL LOT. (See Section 23-4-895.) 7. PUBLIC parks 8. PUBLIC SCHOOLS 9. UTILITY SERVICE FACILITIES. C. Uses allowed subject to Site Plan Review. The following USES shall be allowed in the R-4 Zone District following approval and recording of a Site Plan in accordance with Article II, Division 3, of this Chapter. 1 CHURCHES. 2. COMMUNITY BUILDINGS. 3. Golf courses. 4. Police, ambulance, and fire stations or facilities. 5. Private SCHOOLS. 6. RECREATIONAL FACILITIES, PUBLIC and PRIVATE. 7. MULTIFAMILY DWELLINGS. D. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in the R-4 Zone District so long as they are clearly incidental and ACCESSORY to an allowed USE. Note: The combined GROSS FLOOR AREA of all ACCESSORY BUILDINGS constructed after the original effective date of this Chapter (August 25, 1981) on LOTS of less than ten (10) acres in SUBDIVISIONS and HISTORIC TOWNSITES shall not exceed four (4) percent of the total LOT area, except in Regional Urbanization Areas (RUA), which shall adhere to RUA development standards. However, in no case shall such an ACCESSORY BUILDING in a SUBDIVISION or HISTORIC TOWNSITE exceed twice the GROSS FLOOR AREA of the principal DWELLING UNIT on the LOT except by VARIANCE. Any ACCESSORY BUILDING made nonconforming by application of this Section may be repaired, replaced or restored in total. E. 1. Parking areas and parking STRUCTURES, not including parking of COMMERCIAL VEHICLES. 2. STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3-140.B, not including CARGO CONTAINERS. 3. Swimming pools, tennis courts and similar ACCESSORY USES and STRUCTURES. 4. WIND GENERATORS allowed as ACCESSORY USES in Section 23-4-450 of this Chapter. Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or operation in the R-4 Zone District without prior approval of a land use permit from the Department of Planning Services. 1. HOME OCCUPATIONS - CLASS I permitted under Division 13 of Article IV of this Chapter. 2. One (1) NONCOMMERCIAL TOWER between forty (40) and seventy (70) feet in height per LEGAL LOT permitted under Section 23-4-895. 3. OIL AND GAS FACILITIES permitted under Division 10 of Article II of this Chapter. 4511414 Pages: 82 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Koppas, Clerk and Recorder, Weld County, CO 2019-2621 ORD2019-02 4. PIPELINES - NATURAL GAS or PIPELINES - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS permitted under Division 11 of Article II of this Chapter. 5. WIND GENERATORS requiring a zoning permit under Division 6 of Article IV of this Chapter. F. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained in the R-4 Zone District upon approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. 1. ACCESSORY BUILDINGS with a GROSS FLOOR AREA larger than four (4) percent of the total LOT area, as detailed in Subparagraph D above. 2. CEMETERIES. 3. CHILD CARE CENTERS. 4. HOSPITALS, nursing homes, rehabilitation centers. 5. PIPELINES - DOMESTIC WATER in accordance with Division 6 of Article II of this Chapter. 6. RESIDENTIAL THERAPEUTIC CENTERS. 7. USES similar to the USES listed as permitted as long as the USE complies with the general intent of the Zone District. 8. WIND GENERATORS requiring the issuance of Special Review Permit under Division 6 of Article IV of this Chapter. Amend Sec. 23-3-150. R-5 (Manufactured Home Residential) Zone District. A. Intent. The purpose of the R-5 Zone District is to provide areas for single-family and DUPLEX residential occupancy. These areas are intended to be located, designed and developed in compliance with the applicable requirements of this Code. The R-5 Zone District is also intended to accommodate nonresidential land USES that are ACCESSORY to or compatible with residential USES. B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be used, and no BUILDING or STRUCTURE shall be hereafter erected, structurally altered, enlarged or maintained in the R-5 Zone District, except for one (1) or more of the following USES. 1. FISHING and noncommercial WATER SKIING. 2. GARDENING. 3. One (1) NONCOMMERCIAL TOWER up to forty (40) feet in height per LEGAL LOT. (See Section 23-4-895.) 4. PUBLIC parks. 5. PUBLIC SCHOOLS. 6. One (1) SINGLE-FAMILY DWELLING, DUPLEX DWELLING, FOSTER CARE HOME, or GROUP HOME FACILITY per LEGAL LOT. 7. UTILITY SERVICE FACILITIES. 4511414 Pages: 83 of 181 3 08/02/2019 01:53 PM R Fee:$0,00 Carly Koppsa, Clsrk and Rsoordsr, Ws1d County, CO VIII l��I"W�9��'ll� 4��►Mi'�k«+I�'�L�kAY► �I II 2019-2621 ORD2019-02 C. Uses allowed subject to Site Plan Review. The following USES shall be allowed in the R-5 Zone District following approval and recording of a Site Plan in accordance with Article II, Division 3, of this Chapter. 1. CHURCHES. 2. COMMUNITY BUILDINGS. 3. Golf courses. 4. Police, ambulance, and fire stations or facilities. 5. Private SCHOOLS. 6. RECREATIONAL FACILITIES, PUBLIC and PRIVATE. D. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in the R-5 Zone District so long as they are clearly incidental and ACCESSORY to an allowed USE. Note: The combined GROSS FLOOR AREA of all ACCESSORY BUILDINGS constructed after the original effective date of this Chapter (August 25, 1981) on LOTS of less than ten (10) acres in SUBDIVISIONS and HISTORIC TOWNSITES shall not exceed four (4) percent of the total LOT area, except in Regional Urbanization Areas (RUA), which shall adhere to RUA development standards. However, in no case shall such an ACCESSORY BUILDING in a SUBDIVISION or HISTORIC TOWNSITE exceed twice the GROSS FLOOR AREA of the principal DWELLING UNIT on the LOT except by VARIANCE. Any ACCESSORY BUILDING made nonconforming by application of this Section may be repaired, replaced or restored in total. 1. Parking areas and parking STRUCTURES, not including parking of COMMERCIAL VEHICLES. 2. STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3-150.B, not including CARGO CONTAINERS. 3. Swimming pools, tennis courts and similar ACCESSORY USES and STRUCTURES. 4. WIND GENERATORS allowed as ACCESSORY USES in Section 23-4-450 of this Chapter. E. Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or operation in the R-5 Zone District without prior approval of a land use permit from the Department of Planning Services. 1. HOME OCCUPATIONS - CLASS I permitted under Division 13 of Article IV of this Chapter. 2. One (1) NONCOMMERCIAL TOWER between forty (40) and seventy (70) feet in height per LEGAL LOT permitted under Section 23-4-895. 3. OIL AND GAS FACILITIES permitted under Division 10 of Article II of this Chapter. 4. PIPELINES - NATURAL GAS or PIPELINES - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS permitted under Division 11 of Article II of this Chapter. 5. WIND GENERATORS requiring a zoning permit under Division 6 of Article IV of this Chapter. F. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained in the R-5 Zone District upon approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. 4511414 Pages: 84 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County, CO 2019-2621 ORD2019-02 1. ACCESSORY BUILDINGS with a GROSS FLOOR AREA larger than four (4) percent of the total LOT area, as detailed in Subparagraph D above. 2. CEMETERIES. 3. CHILD CARE CENTERS. 4. HOSPITALS, nursing homes, rehabilitation centers. 5. PIPELINES - DOMESTIC WATER in accordance with Division 6 of Article II of this Chapter. 6. RESIDENTIAL THERAPEUTIC CENTERS. 7. USES similar to the USES listed as permitted as long as the USE complies with the general intent of the Zone District. 8. WIND GENERATORS requiring the issuance of Special Review Permit under Division 6 of Article IV of this Chapter. Amend Sec. 23-3-160. Bulk requirements. Table 23.2 below lists the Bulk Requirements for the R-1, R-2, R-3, R-4 and R-5 Zone Districts. All BUILDINGS, STRUCTURES, USES, and land in the Residential Zone Districts are subject to the requirements contained in this Section. Table 23.2 Bulk Requirements for R-1, R-2, R-3, R-4, and R-5 Zone Districts Section Requirement R-1 R-2 R-3 R-4 R-5 A. Minimum LOT size (sq. ft.) 6,000 6,000 6,000 6,000 6,000 B. Minimum LOT area per 6,000 3,000 3,000 1,500 3,000 DWELLING UNIT (sq. ft.) C. Minimum LOT width 50 50 50 50 50 D. Minimum SETBACK (feet) 20 20 20 20 20 E. Minimum OFFSET (feet). F. Maximum BUILDING HEIGHT (feet) Five (5) feet, or one (1) foot for each three (3) feet of BUILDING HEIGHT, whichever is greater, or zero (0) for attached DWELLING UNITS, where permitted and where located along a party wall meeting the requirements of Chapter 29 of the Weld County Code. 30 30 30 45 30 G. Maximum LOT COVERAGE (%) 50 60 60 70 60 414 01:53� es: 85 of 181 08/02/2019 PM R Fee $0 00 Carly Kopps', CUrk and Reoordar, Wsld County O arit 4 likkA �I III 85 2019-2621 ORD2019-02 H. Maximum number of ANIMAL Two (2) per LOT in R-1 Zone District, ANIMAL UNITS permitted per LOT UNITS are not permitted in the R-2, R-3, R-4 and R-5 Zone Districts. Maximum number of I. HOUSEHOLD PETS per premises Up to four (4) of one (1) species or a total of seven (7) of two (2) or more species. Delete Table 23.5 — Bulk Requirements for R-5 Zone District. J. Minimum OFFSETS and SETBACKS for EXISTING MANUFACTURED HOME PARKS. 1. The side and rear yard OFFSET requirements in MANUFACTURED HOME PARKS shall be based on the distance between MANUFACTURED HOME units measured from the closest point or edge of the MANUFACTURED HOME as follows: a. Ten (10) feet between MANUFACTURED HOMES if the units are placed end (width) to end (width). b. Fifteen (15) feet between MANUFACTURED HOMES if the units are placed side (length) to side (length). c. Twelve and one half (12.5) feet between MANUFACTURED HOMES if the units are placed side (length) to end (width). d. For the purpose of this Subsection, the ends (width) of MANUFACTURED HOMES that are greater than sixteen (16) feet in width, such as double -wide MANUFACTURED HOMES, shall be considered to be sides of the MANUFACTURED HOME in measuring distances between MANUFACTURED HOME units. e. A MANUFACTURED HOME shall have a minimum OFFSET of five (5) feet from the perimeter of the MANUFACTURED HOME PARK. f. ACCESSORY BUILDINGS and STRUCTURES on the same LOT or space as a MANUFACTURED HOME shall have a minimum clearance of ten (10) feet from any STRUCTURE or MANUFACTURED HOME on any other LOT or space. Commonly owned or utilized BUILDINGS ACCESSORY to the MANUFACTURED HOME PARK site shall have a minimum clearance of ten (10) feet from any other STRUCTURE or MANUFACTURED HOME. g. Delete 2. K. No occupied BUILDING or STRUCTURE shall be constructed within three -hundred -fifty (350) feet of any OIL AND GAS FACILITY or within twenty-five (25) feet of any plugged or abandoned oil and gas well. L. Sources of light shall be shielded so that beams or rays of light will not shine directly onto ADJACENT properties or PUBLIC or private STREETS/ROAD. Neither the direct nor reflected light from any light source may create a traffic hazard to operators of motor vehicles on PUBLIC or private STREETS/ROAD. No colored lights may be used which may be confused with or construed as traffic control devices. 4511414 Pages: 08/02/2019 01:53 PM R Fee:$0.00 VIII I��lkiY+�'1�,fi.I'Jk��+�'� jkuiljYk�k iI II 2019-2621 ORD2019-02 Sec. 23-3-170. - Farming of undeveloped land. FARMING shall be allowed on any undeveloped land in any R Zone District as long as the maximum number of ANIMAL UNITS per LOT is not exceeded in the R-1 Zone District. No ANIMAL UNITS are permitted in other R Zone Districts. Division 3 - Commercial Zone Districts Amend Sec. 23-3-200. Intent. The COMMERCIAL Zone Districts are intended to implement the goals and policies of the COMPREHENSIVE PLAN and promote economic development and job creation by setting aside areas for businesses. These districts have been established to provide for COMMERCIAL areas that meet the needs of COUNTY residents and the traveling public. Attractive, inviting, and well - maintained shops, stores, OFFICES, and other BUILDINGS are characteristics of these districts. Amend Sec. 23-3-210. C-1 (Neighborhood Commercial) Zone District. A. Intent. The purpose of the C-1 Zone District is to designate areas for activities that provide convenient goods, services, and compatible USES primarily for the residents of adjacent NEIGHBORHOODS. When designed properly, development in this district can be located within NEIGHBORHOODS, or serve as a transitional area between properties zoned Residential and properties zoned for more intense USES. B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be used and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the C-1 Zone District except for one (1) or more of the USES listed in this section. No OUTDOOR STORAGE is allowed in the C-1 Zone District. 1. One (1) NONCOMMERCIAL TOWER per LEGAL LOT up to forty (40) feet in height per LEGAL LOT. (See Section 23-4-895.) 2. PUBLIC PARKS. 3. PUBLIC SCHOOLS. 4. TELECOMMUNICATION ANTENNA TOWERS up to thirty-five (35) feet in height. 5. UTILITY SERVICE FACILITIES. Delete 6. thru 16.a. C. Uses allowed subject to Site Plan Review. The following USES shall be allowed in the C-1 Zone District following approval and recording of a Site Plan in accordance with Article II, Division 3, of this Chapter. Any USE conducted outside of an ENCLOSED BUILDING shall be SCREENED from adjacent PUBLIC RIGHTS -OF -WAY and ADJACENT LOTS in any Zone District other 1-3. 1. BREW PUBS. 2. CAR WASHES and gas stations. 3. CHILD CARE CENTERS. 4. CHURCHES. 5. COMMERCIAL SCHOOLS. 6. COMMUNITY BUILDINGS. 7. CONTRACTOR'S SHOPS. PAGE 87 4511414 Pages: 87 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Koppea, Clark and Raoordar, Wald County, Co iv I ��I iR+��'I IYfi� I�:h�IJ�� E l�it4�Fi riik�h till 2019-2621 ORD2019-02 8. EVENT FACILITIES. 9. Grain, seed, feed, and fertilizer retail and wholesale sales establishments. 10. HOSPITALS, nursing homes, rehabilitation centers. 11. NIGHTCLUBS, BARS, LOUNGES OR TAVERNS. 12. OFFICES. 13. Police, ambulance, and fire stations or facilities. 14. RECREATIONAL FACILITIES, PUBLIC and PRIVATE. 15. RESTAURANTS. 16. RETAIUSERVICE ESTABLISHMENTS with a total GROSS FLOOR AREA of up to three thousand (3,000) square feet per LEGAL LOT. 17. SCHOOLS, private. D. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in the C-1 Zone District so long as they are clearly incidental and ACCESSORY to an allowed USE and included on an approved and recorded Site Plan. Any USE conducted outside of an ENCLOSED BUILDING shall be SCREENED from adjacent PUBLIC RIGHTS -OF -WAY and ADJACENT LOTS in any Zone District other 1-3. 1. Loading areas. 2. Parking areas and parking STRUCTURES for USE by employees, customers and company vehicles. 3. One (1) SINGLE-FAMILY DWELLING UNIT when used as living quarters for the proprietor, employees, caretakers or security personnel responsible for operating, maintaining or guarding the property where such DWELLING UNIT is ENCLOSED within the PRINCIPAL BUILDING. 4. STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3-210.B, not including CARGO CONTAINERS. 5. WIND GENERATORS allowed as ACCESSORY USES in Section 23-4-450 of this Chapter. E. Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or operation in the C-1 Zone District without prior approval of a land use permit from the Department of Planning Services. 1. One (1) MANUFACTURED HOME per LEGAL LOT, when used as living quarters for caretaker or security personnel responsible for maintaining or guarding the property, permitted under Division 3 of Article IV of this Chapter. 2. One (1) NONCOMMERCIAL TOWER between forty (40) and seventy (70) feet in height per LEGAL LOT permitted under Section 23-4-895. 3. OIL AND GAS FACILITIES permitted under Division 10 of Article II of this Chapter. 4. PIPELINES - NATURAL GAS or PIPELINES - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS permitted under Division 11 of Article II of this Chapter. 5. TELECOMMUNICATIONS ANTENNA TOWERS between thirty-five (35) and seventy (70) feet in height permitted under Division 10 of Article IV of this Chapter. 4511414 Pages: 88 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Koppel,614170 Clerk and Recorder, Weld County, CO VIII tpra 1417hLt+�nN��F B111 2019-2621 ORD2019-02 6. TEMPORARY seasonal USES permitted under Division 7 of Article IV of this Chapter. 7. WIND GENERATORS requiring a zoning permit under Division 6 of Article IV of this Chapter. F. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained in the C-1 Zone District upon approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. 1. CEMETERIES. 2. Golf courses. 3. HOTELS/MOTELS. 4. KENNELS. 5. Open MINING and processing of minerals. 6. PIPELINE - DOMESTIC WATER in accordance with Division 6 of Article II of this Chapter. 7. RECREATIONAL FACILITIES, COMMERCIAL. 8. RESIDENTIAL THERAPEUTIC CENTERS. 9. TELECOMMUNICATIONS ANTENNA TOWERS over seventy (70) feet in height. 10. USES similar to the USES listed as permitted as long as the USE complies with the general intent of the Zone District. 11. Veterinary clinics or animal hospitals. 12. WIND GENERATORS requiring the issuance of Special Review Permit under Division 6 of Article IV of this Chapter. Delete G and H. Amend Sec. 23-3-220. C-2 (General Commercial) Zone District. A. Intent. The purpose of the C-2 Zone District is to designate areas for more intense, higher traffic, or larger scale USES than the C-1 district. C-2 District properties typically provide goods and services to the residents of multiple NEIGHBORHOODS and in close proximity to residential USES. Additionally, the C-2 District provides for the orderly development of those USES necessary to meet the community's social, cultural, medical, institutional, OFFICE, and civic needs. B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be used and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the C-2 Zone District except for one (1) or more of the USES listed in this section. No OUTDOOR STORAGE will be allowed in the C-2 Zone District. 1. One (1) NONCOMMERCIAL TOWER up to forty (40) feet in height per LEGAL LOT. (See Section 23-4-895.) 2. PUBLIC PARKS. 3. PUBLIC SCHOOLS. 4. TELECOMMUNICATION ANTENNA TOWERS up to thirty-five (35) feet in height. 5. UTILITY SERVICE FACILITIES. 4511414 Pages: 89 of 181 08/02/2019 01:33 PM R Fee:$0.00 ,1111 Carly KopP�sClerk and RsoorderWeld County CO VIII t��1�4+�Y�4�Ih�;IM�+�tL�'�i�llll�ti'�►'Ci 2019-2621 ORD2019-02 C. Uses allowed subject to Site Plan Review. The following USES shall be allowed in the C-2 Zone District following approval and recording of a Site Plan in accordance with Article II, Division 3, of this Chapter. No OUTDOOR STORAGE will be allowed in the C-2 Zone District. Any USE conducted outside of an ENCLOSED BUILDING shall be SCREENED from adjacent PUBLIC RIGHTS -OF -WAY and ADJACENT LOTS in any Zone District other 1-3. 1. BREW PUBS. 2. CAR WASHES and gas stations. 3. CHILD CARE CENTERS. 4. CHURCHES. 5. COMMERCIAL SCHOOLS. 6. COMMUNITY BUILDINGS. 7. CONTRACTOR'S SHOPS. 8. EVENT FACILITIES. 9. Farm equipment sales, repair, and installation facilities. 10. FUNERAL HOMES and mortuaries. 11. Golf courses. 12. Grain, seed, feed, and fertilizer retail and wholesale sales establishments. 13. HOSPITALS, nursing homes, rehabilitation centers. 14. HOTELS/MOTELS. 15. LUMBERYARDS/WOODWORKING. 16. NIGHTCLUBS, BARS, LOUNGES OR TAVERNS. 17. OFFICES. 18. Police, ambulance, and fire stations or facilities. 19. RECREATIONAL FACILITIES, COMMERCIAL, PUBLIC and PRIVATE. 20. REPAIR SERVICE ESTABLISHMENT. 21. RESTAURANTS. 22. RETAIUSERVICE ESTABLISHMENTS with a total GROSS FLOOR AREA of up to twenty thousand (20,000) square feet per LEGAL LOT. 23. SCHOOLS, private. 24. THEATERS and convention halls. 25. Veterinarian clinics and animal hospitals. 26. VEHICLE RENTAL, SALES, SERVICE and/or REPAIR ESTABLISHMENTS. D. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in the C-2 Zone District so long as they are clearly incidental and ACCESSORY to an allowed USE and included on an approved and recorded Site Plan. Any USE conducted outside of an ENCLOSED BUILDING shall be SCREENED from adjacent PUBLIC RIGHTS -OF -WAY and ADJACENT LOTS in any Zone District other 1-3. 4511414 Pages: 90 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County, CO •iii �4�1 ��I �ihC� l��41� +1 ��I I �Yk 11111 2019-2621 ORD2019-02 1. Loading areas. 2. Parking areas and parking STRUCTURES for USE by employees, customers and company vehicles. 3. One (1) SINGLE-FAMILY DWELLING UNIT when used as living quarters for the proprietor, employees, caretakers or security personnel responsible for operating, maintaining or guarding the property where such DWELLING UNIT is ENCLOSED within the PRINCIPAL BUILDING. 4. STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3-220.B, not including CARGO CONTAINERS. 5. WIND GENERATORS allowed as ACCESSORY USES in Section 23-4-450 of this Chapter. E. Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or operation in the C-2 Zone District without prior approval of a land use permit from the Department of Planning Services. 1. One (1) MANUFACTURED HOME per LEGAL LOT, when used as living quarters for caretaker or security personnel responsible for maintaining or guarding the property, permitted under Division 3 of Article IV of this Chapter. 2. One (1) NONCOMMERCIAL TOWER between forty (40) and seventy (70) feet in height per LEGAL LOT permitted under Section 23-4-895. 3. OIL AND GAS FACILITIES permitted under Division 10 of Article II of this Chapter. 4. PIPELINES - NATURAL GAS or PIPELINES - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS permitted under Division 11 of Article II of this Chapter. 5. TELECOMMUNICATIONS ANTENNA TOWERS between thirty-five (35) and seventy (70) feet in height permitted under Division 10 of Article IV of this Chapter. 6. TEMPORARY seasonal USES permitted under Division 7 of Article IV of this Chapter. 7. WIND GENERATORS requiring a zoning permit under Division 6 of Article IV of this Chapter. F. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained in the C-2 Zone District upon approval of a permit in accordance with the requirements of Article II, Division 4 of this Chapter. 1 CEMETERIES. 2. KENNELS. 3. Open MINING and processing of minerals. 4. PIPELINE - DOMESTIC WATER in accordance with Division 6 of Article II of this Chapter. 5. RESIDENTIAL THERAPEUTIC CENTERS. 6. TELECOMMUNICATIONS ANTENNA TOWERS over seventy (70) feet in height. 7. USES similar to the USES listed as permitted as long as the USE complies with the general intent of the Zone District. 8. Veterinary clinics or animal hospitals. 4511414 Pages: 91 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Kopp.., Clark and Reoordsr, Wald County, Co VIII <COAFC144i iii �'I 1iIii+Ya ik' liel h 1I III "'\G E 91 2019-2621 ORD2019-02 9. WIND GENERATORS requiring the issuance of Special Review Permit under Division 6 of Article IV of this Chapter. Delete G and H. Amend Sec. 23-3-230. C-3 (Regional Commercial) Zone District. A. Intent. The purpose of the C-3 Zone District is to designate areas of commerce for the benefit of the broader region, such as large-scale regional shopping centers and entertainment districts. C-3 District properties may require large amounts of space or generate high traffic volumes. Properties zoned C-3 are typically located near high -traffic corridors. B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be used and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the C-3 Zone District except for one (1) or more of the USES listed in this section. 1 One (1) NONCOMMERCIAL TOWER up to forty (40) feet in height per LEGAL LOT. (See Section 23-4-895.) 2. PUBLIC PARKS. 3. PUBLIC SCHOOLS. 4. TELECOMMUNICATION ANTENNA TOWERS up to thirty-five (35) feet in height. 5. UTILITY SERVICE FACILITIES. C. Uses allowed subject to Site Plan Review. The following USES shall be allowed in the C-3 Zone District following approval and recording of a Site Plan in accordance with Article II, Division 3, of this Chapter. Any USE conducted outside of an ENCLOSED BUILDING shall be SCREENED from adjacent PUBLIC RIGHTS -OF -WAY and ADJACENT LOTS in any Zone District other 1-3. 1. AGRICULTURAL PRODUCTION. 2. BREW PUBS, BREWERIES, DISTILLERIES, and WINERIES. 3. CAR WASHES and gas stations. 4. CHILD CARE CENTERS. 5. CHURCHES. 6. COMMERCIAL SCHOOLS. 7. COMMERCIAL STORAGE BUILDINGS. 8. COMMUNITY BUILDINGS. 9. CONTRACTOR'S SHOPS. 10. CUSTOM MEAT PROCESSING. 11. DISTRIBUTION CENTERS. 12. EVENT FACILITIES. 13. Farm equipment sales, repair, and installation facilities. 14. FUNERAL HOMES and mortuaries. 15. Golf courses. 16. Grain, seed, feed, and fertilizer retail and wholesale sales establishments. 4511414 Pages: 92 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Koppae, Clark and Raoordar, Wald County, CO 11111 2019-2621 ORD2019-02 17. Headquarters or service facilities for taxi services, bus services and other services involving the transportation of people. 18. HOSPITALS, nursing homes, rehabilitation centers. 19. HOTELS/MOTELS. 20. INDOOR SHOOTING RANGES. 21. LANDSCAPING COMPANIES. 22. LUMBERYARDS/WOODWORKING. 23. NIGHTCLUBS, BARS, LOUNGES OR TAVERNS. 24. OFFICES. 25. OUTDOOR STORAGE, as long as it is SCREENED from PUBLIC RIGHTS -OF -WAY and all ADJACENT properties. 26. Parking areas and parking STRUCTURES. 27. Police, ambulance, and fire stations or facilities. 28. RECREATIONAL FACILITIES, COMMERCIAL, PUBLIC and PRIVATE. 29. REPAIR SERVICE ESTABLISHMENT. 30. RESTAURANTS. 31. RETAIUSERVICE ESTABLISHMENTS. 32. SCHOOLS, private. 33. THEATERS and convention halls. 34. VEHICLE RENTAL, SALES, SERVICE and/or REPAIR ESTABLISHMENTS. 35. Veterinarian clinics and animal hospitals. 36. WHOLESALE TRADE ESTABLISHMENTS. D. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in the C-3 Zone District so long as they are clearly incidental and ACCESSORY to an allowed USE and included on an approved and recorded Site Plan. Any USE conducted outside of an ENCLOSED BUILDING shall be SCREENED from adjacent PUBLIC RIGHTS -OF -WAY and ADJACENT LOTS in any Zone District other 1-3. 1. Loading areas. 2. One (1) SINGLE-FAMILY DWELLING UNIT when used as living quarters for the proprietor, employees, caretakers or security personnel responsible for operating, maintaining or guarding the property where such DWELLING UNIT is ENCLOSED within the PRINCIPAL BUILDING. 3. STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3- 230.B, not including CARGO CONTAINERS. 4. WIND GENERATORS allowed as ACCESSORY USES in Section 23-4-450 of this Chapter. E. Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or operation in the C-3 Zone District without prior approval of a land use permit from the Department of Planning Services. 4311414 Pages: 93 of 181 08/02/2019 01:53 PM R Fe.:$0.00 Car1Y KoPPSS' Clsrk and R.00rdSr, Wald CiountY, CO X1111��14�11�4+�1�114rK�fila�tlk��h��R!►1'�Y4rh 1111 2019-2621 ORD2019-02 1. One (1) MANUFACTURED HOME per LEGAL LOT, when used as living quarters for caretaker or security personnel responsible for maintaining or guarding the property, permitted under Division 3 of Article IV of this Chapter. 2. One (1) NONCOMMERCIAL TOWER between forty (40) and seventy (70) feet in height per LEGAL LOT permitted under Section 23-4-895. 3. OIL AND GAS FACILITIES permitted under Division 10 of Article II of this Chapter. 4. PIPELINES - NATURAL GAS or PIPELINES - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS permitted under Division 11 of Article II of this Chapter. 5. TELECOMMUNICATIONS ANTENNA TOWERS between thirty-five (35) and seventy (70) feet in height permitted under Division 10 of Article IV of this Chapter. 6. TEMPORARY seasonal USES permitted under Division 7 of Article IV of this Chapter. 7. WIND GENERATORS requiring a zoning permit under Division 6 of Article IV of this Chapter. F. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained in the C-3 Zone District upon approval of a permit in accordance with the requirements of Article II, Division 4 of this Chapter. 1. AIRSTRIPS when they are ACCESSORY to the Use Allowed by Right. 2. Asphalt or concrete batch plants. 3. CEMETERIES. 4. KENNELS. 5. Open MINING and processing of minerals. 6. PIPELINE - DOMESTIC WATER in accordance with Division 6 of Article II of this Chapter. 7. RESIDENTIAL THERAPEUTIC CENTERS. 8. TELECOMMUNICATIONS ANTENNA TOWERS over seventy (70) feet in height. 9. USES similar to the USES listed as permitted as long as the USE complies with the general intent of the Zone District. 10. Veterinary clinics or animal hospitals. 11. WIND GENERATORS requiring the issuance of Special Review Permit under Division 6 of Article IV of this Chapter. Delete G and H. Amend Sec. 23-3-240. C-4 (Highway Commercial) Zone District. A. No area of the COUNTY shall be rezoned to the C-4 Zone District after July 25, 2019. B. Uses Allowed by Right. No BUILDINGS, STRUCTURES or land shall be used and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the C-4 Zone District except for one (1) or more of the USES listed in this section. 1. One (1) NONCOMMERCIAL TOWER up to forty (40) feet in height per LEGAL LOT. (See Section 23-4-895.) 2. PUBLIC PARKS. 4511414 Pages: 94 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Koppel, Clerk and Reoorder, Weld County, CO 11111 2019-2621 ORD2019-02 3. PUBLIC SCHOOLS. 4. TELECOMMUNICATION ANTENNA TOWERS up to thirty-five (35) feet in height. 5. UTILITY SERVICE FACILITIES. C. Uses allowed subject to Site Plan Review. The following USES shall be allowed in the C-4 Zone District following approval and recording of a Site Plan in accordance with Article II, Division 3, of this Chapter. Any USE conducted outside of an ENCLOSED BUILDING shall be SCREENED from adjacent PUBLIC RIGHTS -OF -WAY and ADJACENT LOTS in any Zone District other 1-3. 1. BREW PUBS. 2. CAR WASHES and gas stations. 3. CHILD CARE CENTERS. 4. COMMUNITY BUILDINGS. 5. Golf courses. 6. Grain, seed, feed, and fertilizer retail and wholesale sales establishments. 7. HOSPITALS, nursing homes, rehabilitation centers. 8. HOTELS/MOTELS. 9. Police, ambulance, and fire stations or facilities. 10. RESTAURANTS. 11. RETAIUSERVICE ESTABLISHMENTS with a total GROSS FLOOR AREA of up to three thousand (3,000) square feet per LEGAL LOT. 12. SCHOOLS, private. 13. VEHICLE RENTAL and SALES ESTABLISHMENTS. D. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in the C-4 Zone District so long as they are clearly incidental and ACCESSORY to an allowed USE and included on an approved and recorded Site Plan. Any USE conducted outside of an ENCLOSED BUILDING shall be SCREENED from adjacent PUBLIC RIGHTS -OF -WAY and ADJACENT LOTS in any Zone District other 1-3. 1. Loading areas. 2. Parking areas and parking STRUCTURES for USE by employees, customers and company vehicles. 3. OUTDOOR STORAGE, as long as it is SCREENED from PUBLIC RIGHTS -OF -WAY and all ADJACENT properties. 4. REPAIR SERVICE ESTABLISHMENT. 5. STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3-240.B, not including CARGO CONTAINERS. 6. WIND GENERATORS allowed as ACCESSORY USES in Section 23-4-450 of this Chapter. 4511414 Pages: 95 of 181 08/02/2019 01:53 PM R Fee:$0,00 Carly Koppla, Clark and R.00rdlr, Wald County, Co 95 2019-2621 ORD2019-02 E. Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or operation in the C-4 Zone District without prior approval of a land use permit from the Department of Planning Services. 1. OIL AND GAS FACILITIES permitted under Division 10 of Article II of this Chapter. 2. PIPELINES - NATURAL GAS or PIPELINES - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS permitted under Division 11 of Article II of this Chapter. 3. One (1) MANUFACTURED HOME per LEGAL LOT, when used as living quarters for caretakers or security personnel responsible for maintaining or guarding the property, permitted under Division 3 of Article IV of this Chapter. 4. TEMPORARY seasonal USES permitted under Division 7 of Article IV of this Chapter. 5. WIND GENERATORS requiring a zoning permit under Division 6 of Article IV of this Chapter. 6. TELECOMMUNICATIONS ANTENNA TOWERS between thirty-five (35) and seventy (70) feet in height permitted under Division 10 of Article IV of this Chapter. 7. One (1) NONCOMMERCIAL TOWER between forty (40) and seventy (70) feet in height per LEGAL LOT permitted under Section 23-4-895. F. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained in the C-4 Zone District upon approval of a permit in accordance with the requirements of Article II, Division 4 of this Chapter. 1. CHURCHES. 2. PIPELINE - DOMESTIC WATER in accordance with Division 6 of Article II of this Chapter. 3. RESIDENTIAL THERAPEUTIC CENTERS. 4. TELECOMMUNICATIONS ANTENNA TOWERS over seventy (70) feet in height. 5. USES similar to the USES listed as permitted as long as the USE complies with the general intent of the Zone District. 6. WIND GENERATORS requiring the issuance of Special Review Permit under Division 6 of Article IV of this Chapter. Delete G and H. Amend Sec. 23-3-250. Bulk standards. All BUILDINGS, STRUCTURES, USES, and land located in the Commercial Zone Districts shall be located, designed, used and occupied in accordance with the requirements enumerated in this section. A. Minimum SETBACK: twenty-five (25) feet. Delete Table 23.6 Minimum Standards for Accesses. B. Minimum OFFSET: ten (10) feet. C. No occupied BUILDING or STRUCTURE shall be constructed within two hundred (200) feet of any TANK BATTERY, within one hundred fifty (150) feet of any oil and gas wellhead, or within twenty-five (25) feet of any plugged or abandoned oil and gas well. D. Maximum LOT COVERAGE: No more than eighty-five percent (85%) of the total area of a LOT in any Commercial Zone District shall be covered. 4°311414 Pages: 96 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Koppe:, Clerk and Recorder, Weld County, CO 2019-2621 ORD2019-02 Add Sec. 23-3-260. Farming of undeveloped land. FARMING shall be allowed on any undeveloped land in any C Zone District as long as the maximum number of ANIMAL UNITS per LOT allowed in the A (Agricultural) Zone District is not exceeded. Division 4 - Industrial Zone Districts Amend Sec. 23-3-300. Intent. The purpose of the Industrial Zone Districts is to implement the goals and policies of the COMPREHENSIVE PLAN and provide areas for operation of land USES associated with distribution and warehousing of commodities as well as production, fabrication, manufacturing, assembling, and processing of materials. The Industrial Zone Districts have been established to promote economic development and job creation; to protect industry from the encroachment of residential and less intense COMMERCIAL USES; to reduce the adverse impacts of industries on surrounding, nonindustrial properties; and to encourage industrial development in areas that are compatible with heavy infrastructure and where necessary utilities are in place or reasonably attainable. Amend Sec. 23-3-310.1-1 (Light Industrial) Zone District. A. Intent. The purpose of the I-1 Zone District is to provide a zone to accommodate light industrial and compatible COMMERCIAL USES that create minimal negative impacts and are conducted primarily in ENCLOSED BUILDINGS. I-1 District properties are accessible to the public, consumer -oriented, less resource -intensive than heavy industry, have minimal environmental impacts, and may be located near residential areas if designed properly. Properties zoned I-1 should provide economic development and employment, encourage a balanced, diversified economy, and may serve as a transition between nonindustrial USES and the more intense Industrial Zone Districts. B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be used and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the I-1 Zone District except for one (1) or more of the USES listed in this section. 1. Asphalt or concrete batch plants used TEMPORARILY and exclusively for an on -site construction project or the completion of a PUBLIC STREET/ROAD improvements project. The six-month limitation for this TEMPORARY USE may be extended in six-month increments at the discretion of the Director of Planning Services up to two (2) times, and thereafter by the Board of County Commissioners. 2. COUNTY grader sheds. 3. One (1) NONCOMMERCIAL TOWER up to forty (40) feet in height per LEGAL LOT. (See Section 23-4-895.) 4. PUBLIC PARKS. 5. PUBLIC SCHOOLS. 6. TELECOMMUNICATION ANTENNA TOWERS up to thirty-five (35) feet in height. 7. TEMPORARY borrow pits used exclusively for the completion of a PUBLIC STREET/ROAD improvement project. 8. UTILITY SERVICE FACILITIES. 4511414 Pages: 97 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Kappa., Clark and Recorder, Weld County, CO lIIII F.�B+�I IVI'yy.LI AIIl ki'J4NICKViii, II III 97 2019-2621 ORD2019-02 C. Uses allowed subject to Site Plan Review. The following USES shall be allowed in the I-1 Zone District following approval and recording of a Site Plan in accordance with Article II, Division 3, of this Chapter. Any USE conducted outside of an ENCLOSED BUILDING shall be SCREENED from adjacent PUBLIC RIGHTS -OF -WAY and ADJACENT LOTS in any Zone District other 1-3. 1. AGRICULTURAL PRODUCTION. 2. An indoor USE of a manufacturing, fabricating, assembling or warehouse nature. 3. BREW PUBS, BREWERIES, DISTILLERIES, and WINERIES. 4. CAR WASHES and gas stations. 5. COMMERCIAL SCHOOLS. 6. COMMERCIAL STORAGE BUILDINGS. 7. CUSTOM MEAT PROCESSING. 8. DISTRIBUTION CENTERS. 9. Farm equipment sales, repair, and installation facilities. 10. FUNERAL HOMES and mortuaries. 11. Golf courses. 12. Grain, seed, feed, and fertilizer retail and wholesale sales establishments. 13. Headquarters or service facilities for taxi services, bus services and other services involving the transportation of people. 14. HELIPORTS. 15. HOTELS/MOTELS. 16. INDOOR SHOOTING RANGES. 17. LANDSCAPING COMPANIES. 18. LUMBERYARDS/WOODWORKING. 19. OFFICES. 20. OUTDOOR STORAGE of PUBLIC utility -related equipment. 21. PET CREMATORIES. 22. Police, ambulance, and fire stations or facilities. 23. RECREATIONAL FACILITIES, COMMERCIAL, PUBLIC and PRIVATE. 24. REPAIR SERVICE ESTABLISHMENT. 25. RESTAURANTS. 26. RETAIL/SERVICE ESTABLISHMENTS with a total GROSS FLOOR AREA of up to three thousand (3,000) square feet per LEGAL LOT. 27. SCHOOLS, private. 28. SMALL SCALE SOLAR FACILITY, subject to the additional requirements of Section 23- 4-1030. 29. THEATERS and convention halls. nn1,r no 4511414 Pages: 98 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Kopp.., Clerk and Reoorder, Weld County, CO VIII I r�G�I��r4�Ii�1Ll�h� t�h'«4�h�7bRRW iI III 2019-2621 ORD2019-02 30. VEHICLE RENTAL, SALES, SERVICE and/or REPAIR ESTABLISHMENTS. 31. Veterinarian clinics and animal hospitals. 32. WHOLESALE TRADE ESTABLISHMENTS. D. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in the I-1 Zone District so long as they are clearly incidental and ACCESSORY to an allowed USE and included on an approved and recorded Site Plan. Any USE conducted outside of an ENCLOSED BUILDING shall be SCREENED from adjacent PUBLIC RIGHTS -OF -WAY and ADJACENT LOTS in any Zone District other 1-3. 1. CARGO CONTAINERS. 2. Loading areas. 3. Parking areas and parking STRUCTURES for USE by employees, customers and company vehicles. 4. SEMI -TRAILERS as accessory storage. 5. STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3-310.B. 6. WIND GENERATORS allowed as ACCESSORY USES in Section 23-4-450 of this Chapter. E. Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or operation in the I-1 Zone District without prior approval of a land use permit from the Department of Planning Services. 1. One (1) MANUFACTURED HOME per LEGAL LOT, when used as living quarters for caretaker or security personnel responsible for maintaining or guarding the property, permitted under Division 3 of Article IV of this Chapter. 2. One (1) NONCOMMERCIAL TOWER between forty (40) and seventy (70) feet in height per LEGAL LOT permitted under Section 23-4-895. 3. OIL AND GAS FACILITIES permitted under Division 10 of Article II of this Chapter. 4. PIPELINES - NATURAL GAS or PIPELINES - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS permitted under Division 11 of Article II of this Chapter. 5. TELECOMMUNICATIONS ANTENNA TOWERS between thirty-five (35) and seventy (70) feet in height permitted under Division 10 of Article IV of this Chapter. 6. TEMPORARY seasonal uses permitted under Division 7 of Article IV of this Chapter. 7. WIND GENERATORS requiring a zoning permit under Division 6 of Article IV of this Chapter. F. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained in the I-1 Zone District upon approval of a permit in accordance with the requirements of Article II, Division 4 of this Chapter. 1. AIRSTRIPS when they are ACCESSORY to the Use Allowed by Right. 2. Asphalt or concrete batch plants. 3. CHURCHES. 4511414 Pages: 99 of 181 08/02/2019 01:63 PM R Fee:$0,00 )9 Carly Koppss, CI.rk and zu,da , Wald County, CO N4d+ r is It III 2019-2621 ORD2019-02 4. CORRECTIONAL FACILITIES, subject to Article XV, Section 15-5, of the Weld County Charter. 5. DOMESTIC SEPTAGE disposal subject to Chapter 14 of this Code. 6. MEAT PROCESSING. 7. MEDIUM SCALE SOLAR FACILITIES, subject to the additional requirements of Section 23-4-1030. 8. Open MINING and processing of minerals. 9. PIPELINE - DOMESTIC WATER in accordance with Division 6 of Article II of this Chapter. 10. RESEARCH LABORATORIES. 11. TELECOMMUNICATIONS ANTENNA TOWERS over seventy (70) feet in height. 12. USES similar to the USES listed as permitted as long as the USE complies with the general intent of the Zone District. 13. WIND GENERATORS requiring the issuance of Special Review Permit under Division 6 of Article IV of this Chapter. Delete G. Amend Sec. 23-3-320. 1-2 (Medium Industrial) Zone District. A. Intent. The purpose of the 1-2 Zone District is to designate areas for industrial USES with more intense, higher traffic, or larger scale USES than the I-1 Zone District. B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be used and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the 1-2 Zone District except for one (1) or more of the USES in this section. 1. Asphalt or concrete batch plant used TEMPORARILY and exclusively for an on -site construction project or the completion of a PUBLIC STREET/ROAD improvements project. The six-month limitation for this TEMPORARY USE may be extended in six-month increments at the discretion of the Director of Planning Services up to two (2) times, and thereafter by the Board of County Commissioners. 2. COUNTY grader sheds. 3. One (1) NONCOMMERCIAL TOWER up to forty (40) feet in height per LEGAL LOT. (See Section 23-4-895.) 4. PUBLIC PARKS. 5. PUBLIC SCHOOLS. 6. TELECOMMUNICATION ANTENNA TOWERS up to thirty-five (35) feet in height. 7. TEMPORARY borrow pits used exclusively for the completion of a PUBLIC STREET/ROAD improvement project. 8. UTILITY SERVICE FACILITIES. C. Uses allowed subject to Site Plan Review. The following USES shall be allowed in the 1-2 Zone District following approval and recording of a Site Plan in accordance with Article II, Division 3, of this Chapter. Any USE conducted outside of an ENCLOSED BUILDING shall be SCREENED from adjacent PUBLIC RIGHTS -OF -WAY and ADJACENT LOTS in any Zone District other 1-3. 4911414 Pages: 100 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Koppee, Clerk and Recorder, Weld County, Co 11111 2019-2621 ORD2019-02 1. AGRICULTURAL PRODUCTION. 2. A USE of a research, repairing, manufacturing, fabricating, assembling, PROCESSING, or storage nature. 3. Asphalt or concrete batch plants. 4. BIOSOLID and DOMESTIC SEPTAGE disposal subject to Chapter 14 of this Code. 5. BREWERIES, DISTILLERIES, and WINERIES. 6. CAR WASHES and gas stations. 7. COMMERCIAL STORAGE BUILDINGS. 8. CUSTOM MEAT PROCESSING. 9. DISTRIBUTION CENTERS. 10. Farm equipment sales, repair, and installation facilities. 11. Grain, seed, feed, and fertilizer retail and wholesale sales establishments. 12. Golf courses. 13. Headquarters or service facilities for taxi services, bus services and other services involving the transportation of people. 14. HELIPORTS. 15. INDOOR SHOOTING RANGES. 16. LANDSCAPING COMPANIES. 17. LUMBERYARDS/WOODWORKING. 18. OFFICES. 19. OIL AND GAS STORAGE FACILITIES. 20. OIL AND GAS SUPPORT AND SERVICE. 21. OUTDOOR STORAGE. 22. OUTDOOR STORAGE of PUBLIC utility -related equipment. 23. ORGANIC FERTILIZER PRODUCTION/COMPOSTING FACILITIES. 24. Parking areas and parking STRUCTURES. 25. PET CREMATORIES. 26. Police, ambulance, and fire stations or facilities. 27. RACING FACILITIES. 28. REPAIR SERVICE ESTABLISHMENT. 29. RETAIL/SERVICE ESTABLISHMENTS with a total GROSS FLOOR AREA of up to three thousand (3,000) square feet per LEGAL LOT. 30. SMALL SCALE SOLAR FACILITY. 31. TRANSLOADING. 32. THEATERS and convention halls. %2414 /2019 01 :53�181 PM R Fee:$0.00 , 00 08 Carly Koppel, Clerk and Recorder, Weld County, Co 101 2019-2621 ORD2019-02 33. VEHICLE SERVICE/REPAIR ESTABLISHMENTS. D. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in the 1-2 Zone District so long as they are clearly incidental and ACCESSORY to an allowed USE and included on an approved and recorded Site Plan. Any USE conducted outside of an ENCLOSED BUILDING shall be SCREENED from adjacent PUBLIC RIGHTS -OF -WAY and ADJACENT LOTS in any Zone District other 1-3. 1. AIRSTRIPS. 2. CARGO CONTAINERS. 3. Loading areas. 4. RECREATIONAL FACILITIES, COMMERCIAL, PUBLIC and PRIVATE. 5. SEMI -TRAILERS as accessory storage. 6. STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3-320. B. 7. WIND GENERATORS allowed as ACCESSORY USES in Section 23-4-450 of this Chapter. E. Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or operation in the 1-2 Zone District without prior approval of a land use permit from the Department of Planning Services. 1. One (1) MANUFACTURED HOME per LEGAL LOT, when used as living quarters for caretaker or security personnel responsible for maintaining or guarding the property, permitted under Division 3 of Article IV of this Chapter. 2. One (1) NONCOMMERCIAL TOWER between forty (40) and seventy (70) feet in height per LEGAL LOT permitted under Section 23-4-895. 3. OIL AND GAS FACILITIES permitted under Division 10 of Article II of this Chapter. 4. PIPELINES - NATURAL GAS or PIPELINES - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS permitted under Division 11 of Article II of this Chapter. 5. TELECOMMUNICATIONS ANTENNA TOWERS between thirty-five (35) and seventy (70) feet in height permitted under Division 10 of Article IV of this Chapter. 6. TEMPORARY seasonal USES permitted under Division 7 of Article IV of this Chapter. 7. WIND GENERATORS requiring a zoning permit under Division 6 of Article IV of this Chapter. F. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained in the 1-2 Zone District upon approval of a permit in accordance with the requirements of Article II, Division 4 of this Chapter. 1. Coal gasification facility. 2. COMMERCIAL JUNKYARDS. 3. COMMERCIAL SCHOOLS. 4. COMMERCIAL TRUCK WASHOUT FACILITIES. 5. CORRECTIONAL FACILITIES, subject to Article XV, Section 15-5, of the Weld County Charter. 4511414 Pages: 102 of 181 08/02/2019 01:53 PM R Fee:$0.00 IIIIl�Jf�I�Yci��S�RI�Fl I ��h��J�'��SI�I�'Yh 11111 2019-2621 ORD2019-02 6. MAJOR FACILITIES OF PUBLIC UTILITIES OR PUBLIC AGENCIES in accordance with Division 5 of Article II of this Chapter. 7. MEAT PROCESSING. 8. MEDIUM SCALE SOLAR FACILITIES, subject to the additional requirements of Section 23-4-1030. 9. Open MINING and processing of minerals. 10. PIPELINE - DOMESTIC WATER in accordance with Division 6 of Article II of this Chapter. 11. RESEARCH LABORATORIES. 12. Solid and hazardous waste disposal sites and facilities requiring Certificate of Designation in accordance with Sections 12-8-10 and 23-4-380 of this Code. 13. TELECOMMUNICATIONS ANTENNA TOWERS over seventy (70) feet in height. 14. USES similar to the USES listed as permitted as long as the USE complies with the general intent of the Zone District. 15. WIND GENERATORS requiring the issuance of Special Review Permit under Division 6 of Article IV of this Chapter. Delete G. Amend Sec. 23-3-330. 1-3 (Heavy Industrial) Zone District. A. Intent. The purpose of the 1-3 Zone District is to provide a zone to accommodate industrial USES that require larger amounts of space, are more resource -intensive than light industrial, and have limited public access. Properties zoned 1-3 should be located near transportation infrastructure such as highways, railroads, or AIRPORTS. B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be used and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the 1-3 Zone District, except for one (1) or more of the USES listed in this section. 1. Asphalt or concrete batch plant used TEMPORARILY and exclusively for an on -site construction project or the completion of a PUBLIC STREET/ROAD improvements project. The six-month limitation for this TEMPORARY USE may be extended in six-month increments at the discretion of the Director of Planning Services up to two (2) times, and thereafter by the Board of County Commissioners. 2. COUNTY grader sheds. 3. One (1) NONCOMMERCIAL TOWER up to forty (40) feet in height per LEGAL LOT. (See Section 23-4-895.) 4. PUBLIC PARKS. 5. PUBLIC SCHOOLS. 6. TEMPORARY borrow pits used exclusively for the completion of a PUBLIC STREET/ROAD improvement project. 7. TELECOMMUNICATION ANTENNA TOWERS up to thirty-five (35) feet in height. 8. UTILITY SERVICE FACILITIES. 4511414 Pages: 103 of 181 08/02/2019 01:53 PM R Fee:$0,00 Car1Y Koppae, Clark and Raoordar, Wald County, CO 103 2019-2621 ORD2019-02 C. Uses allowed subject to Site Plan Review. The following USES shall be allowed in the 1-3 Zone District following approval and recording of a Site Plan in accordance with Article II, Division 3, of this Chapter. 1. ADULT BUSINESS, SERVICE or ENTERTAINMENT ESTABLISHMENT subject to the provisions of Article IX of this Chapter. 2. AGRICULTURAL PRODUCTION. 3. AIRSTRIPS and AIRPORTS, including crop -dusting operations. 4. A USE of a research, repairing, manufacturing, fabricating, assembling, PROCESSING, or storage nature. 5. Asphalt or concrete batch plants. 6. BIOSOLID and DOMESTIC SEPTAGE disposal subject to Chapter 14 of this Code. 7. BREWERIES, DISTILLERIES, and WINERIES. 8. CAR WASHES and gas stations. 9. COMMERCIAL STORAGE BUILDINGS. 10. COMMERCIAL TRUCK WASHOUT FACILITIES. 11. CUSTOM MEAT PROCESSING. 12. DISTRIBUTION CENTERS. 13. Farm equipment sales, repair, and installation facilities. 14. Golf courses. 15. Grain, seed, feed, and fertilizer retail and wholesale sales establishments. 16. Headquarters or service facilities for taxi services, bus services and other services involving the transportation of people. 17. HELIPORTS. 18. INDOOR SHOOTING RANGES. 19. LANDSCAPING COMPANIES. 20. LUMBERYARDS/WOODWORKING. 21. MEAT PROCESSING. 22. OFFICES. 23. OIL AND GAS STORAGE FACILITIES. 24. OIL AND GAS SUPPORT AND SERVICE. 25. ORGANIC FERTILIZER PRODUCTION/COMPOSTING FACILITIES. 26. OUTDOOR STORAGE. 27. OUTDOOR STORAGE of PUBLIC utility -related equipment. 28. Parking areas and parking STRUCTURES. 29. PET CREMATORIES. 30. Police, ambulance, and fire stations or facilities. 4511414 Pages: 104 of 181 Pa/02/2019 01:53 PM R Fee:$0.00 gib 11111 2019-2621 ORD2019-02 31. RACING FACILITIES. 32. REPAIR SERVICE ESTABLISHMENT. 33. RESEARCH LABORATORIES. 34. RETAIUSERVICE ESTABLISHMENTS with a total GROSS FLOOR AREA of up to three thousand (3,000) square feet per LEGAL LOT. 35. SMALL SCALE SOLAR FACILITY, subject to the additional requirements of Section 23- 4-1030. 36. THEATERS and convention halls. 37. TRANSLOADING. 38. VEHICLE SERVICE/REPAIR ESTABLISHMENTS. D. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in the 1-3 Zone District so long as they are clearly incidental and ACCESSORY to an allowed USE and included on an approved and recorded Site Plan. 1. CARGO CONTAINERS. 2. Loading areas. 3. RECREATIONAL FACILITIES, COMMERCIAL, PUBLIC and PRIVATE. 4. SEMI -TRAILERS as accessory storage. 5. STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3- 330.B. 6. WIND GENERATORS allowed as ACCESSORY USES in Section 23-4-450 of this Chapter. E. Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or operation in the 1-3 Zone District without prior approval of a land use permit from the Department of Planning Services. 1. One (1) MANUFACTURED HOME per LEGAL LOT, when used as living quarters for caretaker or security personnel responsible for maintaining or guarding the property, permitted under Division 3 of Article IV of this Chapter. 2. One (1) NONCOMMERCIAL TOWER between forty (40) and seventy (70) feet in height per LEGAL LOT permitted under Section 23-4-895. 3. OIL AND GAS FACILITIES permitted under Division 10 of Article II of this Chapter. 4. PIPELINES - NATURAL GAS or PIPELINES - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS permitted under Division 11 of Article II of this Chapter. 5. TELECOMMUNICATIONS ANTENNA TOWERS between thirty-five (35) and seventy (70) feet in height permitted under Division 10 of Article IV of this Chapter. 6. TEMPORARY seasonal USES permitted under Division 7 of Article IV of this Chapter. 7. WIND GENERATORS requiring a Zoning Permit under Division 6 of Article IV of this Chapter. F. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained in the 1-3 Zone District upon approval of a permit in accordance with the requirements of Article II, Division 4 of this Chapter. PAGE 105 4511414 % 24 Pages:181 2019 01 :: 53PM R Fee:$0.00 08 Carly Koppsa, Clerk and Raoordsr, Wald County, CO 11 11 1 2019-2621 ORD2019-02 1. Coal gasification facility. 2. COMMERCIAL JUNKYARDS. 3. COMMERCIAL SCHOOLS. 4. CORRECTIONAL FACILITIES, subject to Article XV, Section 15-5, of the Weld County Charter. 5. HEAVY MANUFACTURING — PROCESSING. 6. MAJOR FACILITIES OF PUBLIC UTILITIES OR PUBLIC AGENCIES in accordance with Division 5 of Article II of this Chapter. 7. MEDIUM SCALE SOLAR FACILITIES, subject to the additional requirements of Section 23-4-1030. 8. Open MINING and processing of minerals. 9. PETROLEUM REFINERIES. 10. PIPELINE - DOMESTIC WATER in accordance with Division 6 of Article II of this Chapter. 11. Solid and hazardous waste disposal sites and facilities requiring Certificate of Designation in accordance with Sections 12-8-10 and 23-4-380 of this Code. 12. TELECOMMUNICATIONS ANTENNA TOWERS over seventy (70) feet in height. 13. USES similar to the USES listed as permitted as long as the USE complies with the general intent of the Zone District. 14. WIND GENERATORS requiring the issuance of Special Review Permit under Division 6 of Article IV of this Chapter. Delete G. Amend Sec. 23-3-340. Bulk standards. All BUILDINGS, STRUCTURES, USES, and land located in the Industrial Zone Districts shall be located, designed, used and occupied in accordance with the requirements enumerated in this section. A. Minimum SETBACK: twenty-five (25) feet. B. Minimum OFFSET: ten (10) feet or one (1) foot for every two (2) feet of BUILDING HEIGHT, whichever is greater. C. No occupied BUILDING or STRUCTURE shall be constructed within two hundred (200) feet of any TANK BATTERY, within one hundred fifty (150) feet of any oil and gas wellhead, or within twenty-five (25) feet of any plugged or abandoned oil and gas well. D. Maximum LOT COVERAGE: No more than eighty-five percent (85%) of the total area of a LOT in any Industrial Zone District shall be covered. Amend Sec. 23-3-350. Farming of undeveloped land. FARMING shall be allowed on any undeveloped land in any I Zone District as long as the maximum number of ANIMAL UNITS per LOT allowed in the A (Agricultural) Zone District is not exceeded. Delete Sec. 23-3-360. Division 5 - E (Estate) Zone District 4511414 Pages: 106 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Koppaa, CI.rk and Recorder, Weld County, CO �i1c it LIydNr ll �+kfg 11111 2019-2621 ORD2019-02 Amend Sec. 23-3-400. Intent. The E (Estate) Zone District is intended to provide present and future residents with areas in which to locate and establish rural, large -lot residential land USES and land USES that are compatible with very low -density residential areas. The E Zone District is intended to be located, designed and developed in a manner that is compatible with the applicable requirements of this Code. This Zone District may serve as a transition between Agricultural areas and R-1 Zone Districts, but should be located such that driveways will be located on very low -traffic, local, PUBLIC or private STREETS/ROADS. Sec. 23-3-405. - Water and sewer requirements. All USES requiring water in the Estate Zoning District shall be connected to and served by a PUBLIC WATER system and an adequate sewage disposal system. The sewage disposal system shall comply with the On -Site Wastewater Treatment System regulations contained in Chapter 30 of this Code or shall be served by PUBLIC SEWER service. Evidence that PUBLIC WATER and an adequate sewage disposal system are available to the LOT shall be provided prior to the issuance of a building permit. Amend Sec. 23-3-410. Uses allowed by right. No BUILDING, STRUCTURE or land shall be used, and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the E Zone District except for one (1) or more of the following USES. A. GARDENING. B. FISHING and noncommercial WATER SKIING. C. One (1) NONCOMMERCIAL TOWER up to forty (40) feet in height per LEGAL LOT. (See Section 23-4-895.) D. PUBLIC parks. E. PUBLIC SCHOOLS. F. One (1) SINGLE-FAMILY DWELLING, FOSTER CARE HOME, or GROUP HOME FACILITY per LEGAL LOT. G. UTILITY SERVICE FACILITIES. Delete H thru K. Sec. 23-3-415. Uses allowed subject to Site Plan Review. The following USES shall be allowed in the E Zone District following approval and recording of a Site Plan in accordance with Article II, Division 3, of this Chapter. A. CHURCHES. B. Golf courses. C. Police, ambulance, and fire stations or facilities. D. Private SCHOOLS. E. RECREATIONAL FACILITIES, PUBLIC and PRIVATE. 4511414 Pages: 107 of 181 ""nc 107 08/02/2019 01:53 PM R Fee:$0,00 Carly Koppea, Clerk and Recorder, Weld County, CO 11111g411K,� VAN lla'MNal r JIM& II II 2019-2621 ORD2019-02 Amend Sec. 23-3-420. Accessory uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in the E (Estate) Zone District so long as they are clearly incidental and accessory to an allowed USE. Note: The combined GROSS FLOOR AREA of all ACCESSORY BUILDINGS constructed after the original effective date of this Chapter (August 25, 1981) on LOTS of less than ten (10) acres in SUBDIVISIONS and HISTORIC TOWNSITES shall not exceed four (4) percent of the total LOT area, except in Regional Urbanization Areas (RUA), which shall adhere to RUA development standards. However, in no case shall such an ACCESSORY BUILDING in a SUBDIVISION or HISTORIC TOWNSITE exceed twice the GROSS FLOOR AREA of the principal DWELLING UNIT on the LOT except by VARIANCE. Any ACCESSORY BUILDING made nonconforming by application of this Section may be repaired, replaced or restored in total. Exterior portions of all ACCESSORY BUILDINGS, including the roof, shall be constructed of nonreflective materials. A. ANIMAL BOARDING and animal TRAINING FACILITIES where the maximum number of ANIMAL UNITS permitted in Section 23-3-440 below is not exceeded and traffic to and from the facility does not exceed sixty (60) daily trips. B. FARMING. C. Parking areas and parking STRUCTURES, not including parking of COMMERCIAL VEHICLES. D. STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3-410, not including CARGO CONTAINERS. E. Swimming pools, tennis courts and similar ACCESSORY USES and STRUCTURES. F. WIND GENERATORS allowed as ACCESSORY USES in Section 23-4-450 of this Chapter. Delete G. Sec. 23-3-425. Uses allowed by permit. No USE listed in this Section shall commence construction or operation in the E Zone District without prior approval of a land use permit from the Department of Planning Services. A. AUXILIARY QUARTERS, which shall require approval of a certificate of compliance by the Department of Planning Services to ensure the USE complies with the definition in Section 23-1-90 of this Code. B. HOME OCCUPATIONS permitted under Division 13 of Article IV of this Chapter. C. One (1) NONCOMMERCIAL TOWER between forty (40) and seventy (70) feet in height per LEGAL LOT permitted under Section 23-4-895. D. OIL AND GAS FACILITIES permitted under Division 10 of Article II of this Chapter. E. Parking of one (1) COMMERCIAL VEHICLE per LEGAL LOT permitted under Division 12 of Article IV of this Chapter. F. PIPELINES - NATURAL GAS or PIPELINES - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS permitted under Division 11 of Article II of this Chapter. G. WIND GENERATORS requiring a Zoning Permit under Division 6 of Article IV of this Chapter. 4511414 Pages: 108 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Koppes, Clerk and Reoord.r, Weld County, CO VIIII ��I II Kti�r��ti1'I i�� h�CY4 � 11111 2019-2621 ORD2019-02 Amend Sec. 23-3-430. Uses by special review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained in the E Zone District upon approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. A. B. C. D. ACCESSORY BUILDINGS with a GROSS FLOOR AREA larger than four (4) percent of the total LOT area, as detailed in Section 23-3-420 above. BED AND BREAKFAST FACILITIES. CHILD CARE CENTERS. HOME BUSINESSES. E. PIPELINES - DOMESTIC WATER in accordance with Division 6 of Article II of this Chapter. F. RESIDENTIAL THERAPEUTIC CENTERS. G. USES similar to the USES listed as permitted as long as the USE complies with the general intent of the Zone District. H. WIND GENERATORS requiring the issuance of Special Review Permit under Division 6 of Article IV of this Chapter. Delete remainder of Section. Amend Sec. 23-3-440. Bulk requirements. The following Subsections list the bulk requirements for the E Zone District. All BUILDINGS, STRUCTURES, USES, and land in the E district are subject to the requirements contained in this Section. A. thru D. — No change. E. Minimum OFFSET for DWELLING UNITS when ADJACENT to the A (Agricultural) Zone District: forty (40) feet. F. REPEALED. G.- No change. H. Maximum number of ANIMAL UNITS: one (1) per acre, not to exceed eight (8) ANIMAL UNITS per LOT. The maximum number of HOUSEHOLD PETS per LOT shall be four (4) HOUSEHOLD PETS of one (1) species or a total of seven (7) HOUSEHOLD PETS of two (2) or more species. I. Minimum GROSS FLOOR AREA of SINGLE-FAMILY DWELLING: one thousand two hundred (1,200) square feet. J. REPEALED. (See Section 23-3-420.) K. REPEALED. (See Section 23-3-420.) L. No occupied BUILDING or STRUCTURE shall be constructed within two -hundred (200) feet of any tank battery, within one hundred -fifty (150) feet of any oil and gas wellhead or within twenty-five (25) feet of any plugged or abandoned oil and gas well. 4511414 Pages: 109 of 181 08/02/2019 01:53 PM R Fes:$0.00 Carly Koppas, Clark and Rsoordar, Wsld County, CO VIII I��RI�l4��Ifr��Y��I�P��Lk�►��'III�ti�► iI III E 109 2019-2621 ORD2019-02 M. Sources of light shall be shielded so that beams or rays of light will not shine directly onto ADJACENT properties or PUBLIC or private STREETS/ROADS. Neither the direct nor reflected light from any light source may create a traffic hazard to operators of motor vehicles on PUBLIC or private STREETS/ROADS. No colored lights may be used which may be confused with or construed as traffic control devices. Division 6 - PUD (Planned Unit Development) District Amend Sec. 23-3-500. PUDs subject to Chapter 27 of this Code. All land in the PUD (Planned Unit Development) Zone District shall be subject to the regulations in Chapter 27 - Planned Unit Development of this Code. Delete Sec. 23-3-510. Delete Sec. 23-3-520. Delete Sec. 23-3-530. Delete Sec. 23-3-540. Delete Sec. 23-3-550. Delete Sec. 23-3-560. ARTICLE IV - Supplementary District Regulations and Zoning Permits Division 1 - Off -Street Parking and Loading Requirements Amend Sec. 23-4-20. Location of off-street parking areas. A. If the land USE with respect to which the off-street parking requirements exist is confined to a single LOT, the off-street parking spaces shall be within that LOT or on a different LOT, properly zoned, not more than five hundred (500) feet distant, measured along a PUBLIC STREET/ROAD or ALLEY which connects the two (2) LOTS. If the land USE is located on two (2) or more commonly owned and adjoining LOTS, the off-street parking spaces may be located on any one (1) or more of those LOTS or on a properly zoned LOT separated from them by not more than five hundred (500) feet, measured in the same way. B. Off-street parking areas may be permitted within the required SETBACK or OFFSET areas. C. Parking areas shall not be permitted in any RIGHTS -OF -WAY. Amend Sec. 23-4-30. Design and construction of off-street parking spaces. A. and B. — No change. C. Off-street parking spaces including access drives shall be surfaced with gravel, asphalt, concrete or equivalent and shall be graded to prevent drainage problems. PARKING LOT surfaces shall be consistent with the surrounding DEVELOPMENT, but any USE requiring approval of a Site Plan Review shall have paved PARKING LOTS. D. — No change. E. Lighting provided for off-street parking spaces shall be arranged so as to minimize illumination onto adjoining residential USES and so as to prevent glare directed at vehicles on STREETS/ROADS and ALLEYS. F. REPEALED. (See Subsection C above.) G. PARKING LOTS shall conform to all standards of the Americans with Disabilities Act. 4511414 Pages: 110 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Koppel, Clark and Recorder, Weld County, CO 2019-2621 ORD2019-02 H. PARKING LOTS with two-way driveways will be provided with sufficient turning lane widths to allow two (2) vehicles to pass. I.- No change. J. Landscaping techniques shall be utilized in design of PARKING LOTS to aid in buffering PARKING LOTS from STREETS/ROADS. The PARKING LOT of any USE requiring approval of a Site Plan Review shall be SCREENED from PUBLIC RIGHTS -OF -WAY and ADJACENT properties zoned R-1, R-2, R-3, R-4 or R-5. Amend Sec. 23-4-50. Off-street loading required. A. Off-street loading spaces shall be required for LOTS in the I and C Zone Districts. Off-street loading spaces shall be located and SCREENED from PUBLIC RIGHTS -OF -WAY and ADJACENT properties zoned R-1, R-2, R-3, R-4 or R-5. One (1) off-street loading space shall be required if the COMMERCIAL or industrial USE is located in a BUILDING containing between ten thousand (10,000) square feet and twenty thousand (20,000) square feet of GROSS FLOOR AREA, and one (1) additional off-street loading space shall be required for each additional twenty thousand (20,000) square feet or fraction thereof of GROSS FLOOR AREA. B. — No change. C. Off-street loading spaces shall be surfaced with either gravel, asphalt or concrete and shall be graded so as to prevent drainage problems. Each space should be equipped with wheel guards when necessary to prevent vehicles from extending beyond the boundary of this space and from coming into contact with other vehicles, walls, fences or plantings. Off-street loading area surfaces shall be consistent with the surrounding DEVELOPMENT, but any USE requiring approval of a Site Plan Review shall have a paved off-street loading area. D. Lighting provided for off-street loading spaces shall be arranged so as to minimize illumination onto ADJACENT residential property and so as to prevent glare directed at vehicles on STREETS/ROADS and ALLEYS. E. Off-street loading spaces shall be located in such a way that, when the space is being used to load or unload a vehicle, no part of the vehicle will occupy an ADJACENT STREET/ROAD or sidewalk. Division 2 - Signs Amend Sec. 23-4-60. Purposes and applicability. A. The purposes of this Division are the following: to encourage the effective use of SIGNS as a means of communication in unincorporated Weld County; to maintain and enhance the visual corridors and the County's ability to attract sources of economic development and growth; to improve pedestrian and traffic safety; to minimize the possible adverse effect of SIGNS on nearby public and private property; and to enable the fair and consistent enforcement of these SIGN restrictions. More specifically, the regulations set forth in this Division are intended to: 1. Establish a system to allow a variety of types of SIGNS in commercial and industrial zones and a limited variety of SIGNS in other zones, subject to the standards and the permit procedures of this Division. 2. Allow certain SIGNS that are small, unobtrusive, and incidental to the principal USE of the respective LOTS on which they are located, subject to the substantive requirements of this Division, but without a requirement for zoning approval. 4511414 Pages: 111 of 181 08/02/2019 01:83 PM R Fe.:$0.00 Carly Koppas, Clark and R.00rdar, Weld County, CO II III 2019-2621 ORD2019-02 3. Prohibit all SIGNS not expressly permitted by this Division. 4. Provide for the enforcement of the provisions of this Division. B. No SIGN shall be erected, placed, established, painted, created or maintained in unincorporated Weld County unless it is in conformance with the standards, procedures, exemptions and other requirements of this Division. Amend Sec. 23-4-70. General provisions. SIGNS shall be permitted in the various zoning districts according to the regulations contained in this Division and in accordance with the requirements set forth in Appendices 23-C, 23-D and 23-E. A. No SIGN shall be structurally erected, enlarged, constructed, reconstructed, relocated, refaced or otherwise altered without first obtaining all required building permits from the Department of Building Inspection and, if required, zoning approval from the Department of Planning Services and the Colorado Department of Transportation. B. No SIGN shall be erected at or near the intersection of any STREET/ROAD or driveway in such a manner as to obstruct free and clear vision of motorists, or at any location where, by reason of the position, shape or color, it may interfere with, obstruct the view of or be confused with, any authorized traffic SIGN, signal or device. SIGNS located at an intersection must be outside of the sight distance triangle. SIGNS which could potentially affect vehicle traffic shall be reviewed by the Department of Public Works and the Colorado Department of Transportation, if applicable. C. No SIGN other than traffic control SIGNS, except as expressly allowed by Colorado Revised Statutes and/or permitted by the Colorado Department of Transportation, shall be erected, constructed or maintained within, over or upon the right-of-way of any county, state or federal road or highway within the COUNTY. D. All SIGNS, except BILLBOARDS and OFF -SITE DIRECTIONAL SIGNS, shall contain information related to the USES being conducted on the ZONE LOT. E. All SIGNS erected in a PUBLIC RIGHT-OF-WAY by a governmental agency controlling or directing traffic shall be exempt from the provisions of this Division. F. All SIGNS and components, including supports, braces and anchors, shall be of sound structural quality and shall be kept in a state of good repair with a clean and neat appearance. Any DERELICT SIGN shall be returned to, and maintained in, the condition as originally established on the site, or it shall be removed from the site. Amend Sec. 23-4-75. Definitions. For the purposes of this Division 2, certain words and phrases used herein shall be interpreted as defined in Section 23-1-90. Amend Sec. 23-4-80. Sign construction standards. A. All letters, figures, characters or representations maintained in conjunction with, attached to or superimposed upon any SIGN shall be safely and securely built or attached to the SIGN structure. B. Any operable or removable parts of a SIGN, such as a service opening cover or changeable mechanically affixed lettering, logo, insignia or message, shall be securely fastened or be provided with safety chains or hinges. C. — No change. 4511414 Pages: 112 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Koppea, Clerk and Recorder, Weld County, CO 2019-2621 ORD2019-02 1111 MrdIJKI Y Kg NM 11111 D. All permanent SIGNS and SIGN structures shall be designed and constructed to comply with the Building Code set forth in Chapter 29 of this Code. All electrically illuminated SIGNS shall be designed and constructed to conform with the Electrical Code set forth in Chapter 29 of this Code. All SIGNS and SIGN structures shall also be designed and constructed to comply with the design requirements set forth in this Code. % 4511414 01:53 ges: 113 181 PM RFee:$0.00 082 Carly Koppel', Clerk and Recorder, Weld County, CO RH 1Cilln IN 1111011O,Niiii iFiklArdik 11111 PAGE 113 2019-2621 ORD2019-02 Amend Sec. 23-4-90. Design plans for signs requiring zoning approval. The owner, or applicant as agent for the owner, shall prepare a set of SIGN plans for all exterior SIGNS in any DEVELOPMENT. Such plans shall be included as part of any Site Plan Review, Use by Special Review Permit, Planned Unit Development and Major or Minor Subdivision. The SIGN type, size, height, colors, materials, styles of lettering, appearance of any logo, type of illumination and location shall be set out in such plans. The plans shall be such that SIGNS constructed or maintained under the plans will comply with the SIGN regulations of the COUNTY and shall be for the purpose of assuring harmony and visual quality throughout a project. Final development plans shall not be approved until the SIGN plans have been approved by the Board of County Commissioners or planning staff. All SIGNS shall be designed and constructed of materials which harmonize with the architecture of the site on which the SIGN is located. Generally, the use of SIGN materials the same as, or similar to, the main building materials used on site shall be found to provide the required level of design harmony. Amend Sec. 23-4-100. Nonconforming signs. Each legally established SIGN in existence on April 10, 2006, the effective date of the repeal and reenactment of this Division, may continue in existence subject to the following: A. A SIGN shall not be altered structurally or moved unless it is made to comply with the provisions of these regulations. The changing of the movable parts of an existing SIGN that is designed for such changes, or the repainting or reposting of display matter shall not be deemed a structural alteration. B. The lawful USE of a SIGN existing on April 10, 2006, the effective date of the repeal and reenactment of this Division, although such SIGN does not conform to the provisions hereof, may continue; however, if such NONCONFORMING USE is discontinued for a period of six (6) months or more, such SIGN shall not be used until it has been made to conform with the provisions of this Division. C. Any SIGN which has been damaged by fire, wind, explosion or act of God, to the extent that fifty percent (50%) or more of the construction value or replacement cost of the SIGN before it was damaged, shall be deemed to have been totally destroyed and the SIGN shall not be restored except in conformity with this Division. Any SIGN which has been damaged to an extent less than fifty percent (50%) of the construction value or replacement cost of the SIGN before it was damaged may be restored to the condition in which it existed previously as a NONCONFORMING USE prior to its damage. Amend Sec. 23-4-110. Computations of sign area and height. A. Computations of area of WALL SIGNS and single -faced SIGNS. The area of a SIGN face shall be computed by means of the smallest square, circle, rectangle, triangle or combination thereof, that will encompass the extreme limits of the writing, representation, emblem or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the SIGN from the backdrop or structure against which it is placed, but not including any supporting framework, bracing or decorative fence or wall when such fence or wall otherwise meets Weld County Code regulations and is clearly incidental to the display itself. 4611414 Paaas: 114 of 181 08/02/2019 01:53 PM R Fee:80.00 1111 Carly PP RCFL'aR1l �Recfli�id County, CO Yoh �I III PAGE 114 2019-2621 ORD2019-02 B. Computation of area of multi -faced SIGNS. The SIGN area for a SIGN with more than one (1) face shall be computed by adding together the area of all SIGN faces visible from any one (1) point. When two (2) identical SIGN faces are placed back to back, so that both faces cannot be viewed from any point at the same time, and when such SIGN faces are part of the same SIGN structure and are not more than twenty-four (24) inches apart, the SIGN area shall be computed by the measurement of one (1) of the faces. C. Computation of height. SIGN height shall be computed as the vertical distance from mean natural grade at foundation to the highest point of the SIGN structure. Natural grade shall be construed to be the lower of (1) existing grade prior to construction, or (2) the newly established grade after construction, exclusive of any filling, berming, mounding or excavating solely for the purpose of locating the SIGN. Amend Sec. 23-4-120. Requirements for setback, offset and clearance. A. The OFFSETS for all temporary and FREESTANDING SIGNS from ADJACENT properties shall be ten (10) feet. B. The OFFSET for FLAGS shall be ten (10) feet, or the height of the pole, whichever is greater. C. The SETBACK for BILLBOARDS and OFF -SITE DIRECTIONAL SIGNS in the Commercial and Industrial Zone Districts shall be twenty-five (25) feet from the current or future STREET/ROAD RIGHT-OF-WAY, whichever is greater. The SETBACK for all other FREESTANDING SIGNS in the Commercial and Industrial Zone Districts shall be fifteen (15) feet from the current or future STREET/ROAD RIGHT-OF-WAY, whichever is greater. D. The SETBACK for OFF -SITE DIRECTIONAL SIGNS in the Agricultural Zone District shall be twenty-five (25) feet from the current or future STREET/ROAD RIGHT-OF-WAY, whichever is greater. The SETBACK for all other FREESTANDING SIGNS in the Agricultural Zone District shall be three (3) feet, or one (1) foot for every three (3) feet of SIGN height, whichever is greater. E. The SETBACK for all FREESTANDING SIGNS in Estate and Residential Zone Districts shall be twenty (20) feet. F. and G. — No change. Division 3 - Manufactured homes, manufactured structures, and occupied recreational vehicles. Amend Sec. 23-4-130. Permit requirements. Where a MANUFACTURED HOME, MANUFACTURED STRUCTURE, or occupied RECREATIONAL VEHICLE is permitted in Article III of this Chapter upon issuance of a zoning permit, the permit may be issued by the Department of Planning Services upon a determination that the application complies with this Division 3 and any applicable provisions of this Code. An application for any zoning permit for a MANUFACTURED HOME, MANUFACTURED STRUCTURE, or occupied RECREATIONAL VEHICLE shall include the following: A. thru E. — No change. F. A sketch plan of the site at the scale of one (1) inch represents fifty (50) feet or other suitable scale to show: 1. The proposed location of the MANUFACTURED HOME, MANUFACTURED STRUCTURE, or occupied RECREATIONAL VEHICLE, including distances from the property LOT lines and other STRUCTURES on the property. 4811414 Pages: 116 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County, CO 1111 "Ill 2019-2621 ORD2019-02 2. Access to the MANUFACTURED HOME, MANUFACTURED STRUCTURE, or occupied RECREATIONAL VEHICLE indicating whether the access is existing or proposed. 3.- No change. 4. An access is or can be made available that provides for safe ingress and egress to a PUBLIC STREET/ROAD. All accesses shall be in accordance with the access requirements set forth in this Code. 5. Identification of any COUNTY, state or federal STREETS/ROADS or highways. 6. - No change. G. Methods of disposal of sewage or other wastes in compliance with the requirements of the Colorado Department of Public Health and Environment and the County Department of Public Health and Environment, except for applications for TEMPORARY storage of a MANUFACTURED HOME under Section 23-4-160 below. H. Methods of supplying water in such a manner as to be adequate in quality, quantity and dependability for the proposed USE, except for applications for TEMPORARY storage of a MANUFACTURED HOME under Section 23-4-160 below. I. An application fee. Each request for a renewal or extension of a TEMPORARY permit shall also be accompanied by the appropriate application fee. An additional fifty (50) percent of the application fee shall be added to the cost of the application fee if the USE is started prior to issuance of a permit. The payment of the investigation fee shall not relieve any persons from fully complying with the requirements of this Chapter, nor from any other penalties. J. The requirements of this Division 3 require the applicant to provide a certified list of the names, addresses and the corresponding Parcel Identification Number assigned by the County Assessor of the owners of property (the surface estate) within five hundred (500) feet of the property lines of the parcel where the MANUFACTURED HOME shall be placed. The source of such list shall be the records of the County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records or from the records of the County Clerk and Recorder. If the list was assembled from the records of the County Assessor, the applicant shall certify that such list was assembled within thirty (30) days of the application submission date. K. REPEALED. L. Completed Building Permit application. M. Each request for a TEMPORARY permit shall include a statement by the applicant acknowledging that the TEMPORARY permit shall cease to exist at any such time as the MANUFACTURED HOME, MANUFACTURED STRUCTURE, or occupied RECREATIONAL VEHICLE is used for other than the permitted USE, or expire at the end of the initial or extended term of the permit for TEMPORARY storage of the MANUFACTURED HOME. Such application shall include detailed plans for removal of the MANUFACTURED HOME or MANUFACTURED STRUCTURE upon expiration of the TEMPORARY permit. Amend Sec. 23-4-140. REPEALED. Amend Sec. 23-4-150. Temporary use during construction of residence. A zoning permit for the USE of a MANUFACTURED HOME or RECREATIONAL VEHICLE occupied as a TEMPORARY DWELLING UNIT during the construction of a permanent DWELLING UNIT on the same LOT in the A (Agricultural) Zone District may be issued by the Department of Planning Services subject to the following provisions: onn= 11A 4511414 Pages: 116 of 181 Ca ly Ko ees,OClerk 3 and Recorder, Weld County, CO 1111 IMONFWilt& MI' KIRIIIT1 Ill III 2019-2621 ORD2019-02 A. The applicant shall have a valid building permit for the construction of a permanent DWELLING UNIT on the same LOT. B. Construction of the permanent DWELLING UNIT shall commence within ninety (90) days of issuance of the zoning permit for the MANUFACTURED HOME or RECREATIONAL VEHICLE and shall be diligently pursued. C. The applicant shall demonstrate that adequate water and sewage disposal facilities are available. D. The TEMPORARY permit for occupancy of the MANUFACTURED HOME or RECREATIONAL VEHICLE shall be issued for a period of six (6) months. The permit may be renewed by the Department of Planning Services for two (2) additional six-month periods upon a determination by staff that construction of the permanent DWELLING UNIT is being pursued with diligence. E. The Department of Planning Services shall make its determination on the issuance of a zoning permit for a MANUFACTURED HOME or occupied RECREATIONAL VEHICLE as a TEMPORARY USE during construction of a DWELLING UNIT on the basis of a signed statement by the applicant that the conditions of Subsections A through D above are met, upon information contained in the permit application, and upon such independent evidence as may be available or which the staff may reasonably require. F. Extensions of six-month increments beyond the above eighteen -month period may be granted only by the Board of County Commissioners. The Board of County Commissioners shall hear the application for an extension at a regularly scheduled meeting of the Board. The Board of County Commissioners shall give notice of the application for a zoning permit and the meeting date to those persons listed in the application as owners of property located within five hundred (500) feet of the parcel under consideration. Such notification shall be mailed, first- class, not less than ten (10) days before the scheduled meeting. Such notice is not required by state statute and is provided as a courtesy to surrounding property owners (the surface estate). Inadvertent errors by the applicant in supplying such list or the Department of Planning Services in sending such notice shall not create a jurisdictional defect in the permit process, even if such error results in the failure of a surrounding property owner to receive such notification. The Department of Planning Services shall post a sign for the applicant on the property in question indicating that a MANUFACTURED HOME or occupied RECREATIONAL VEHICLE has been requested for the property, the meeting date and a telephone number where further information may be obtained. The sign shall be posted at least ten (10) days prior to the meeting date and evidenced with a photograph. In its review of an application, the Board of County Commissioners shall consider the good faith efforts of the applicant to pursue construction diligently and any unforeseeable or unavoidable circumstances which may have delayed completion of construction, requiring the extension. In addition, the Board of County Commissioners shall consider compatibility of the MANUFACTURED HOME or occupied RECREATIONAL VEHICLE with the surrounding area, harmony with the character of the NEIGHBORHOOD, its effects upon the immediate area and the general health, safety and welfare of the inhabitants of the area and the COUNTY. G. MANUFACTURED HOMES permitted as a TEMPORARY USE during construction of a permanent DWELLING shall be removed within thirty (30) days after the permanent DWELLING has been occupied. H. A MANUFACTURED HOME permitted as a TEMPORARY USE during construction of a permanent DWELLING shall not have a permanent foundation. 4511414 Pages: 117 of 181 0.00 Carly oPPS 01:53 PM R Feder, C unty, COi�Y4 ► �I III Carly ;OPP�s, ��..��uA� Weld ICounty, CO 1IIII�r�I N N1 17 2019-2621 ORD2019-02 Amend Sec. 23-4-160. Temporary storage of unoccupied manufactured home. A zoning permit for the TEMPORARY storage of one (1) unoccupied MANUFACTURED HOME, not including the storage of goods inside the UNIT, on a LOT in the A (Agricultural) Zone District may be issued by the Department of Planning Services subject to the following provisions: A. The applicant shall obtain a building permit and shall comply with all applicable installation standards of Chapter 29 of this Code; provided, however, that no utility hookups to the MANUFACTURED HOME of any type, including septic systems, shall be allowed. B. The MANUFACTURED HOME may not be used on any basis as a DWELLING or as overnight or TEMPORARY housing for any person. C. The applicant shall demonstrate that no reasonable alternative exists to the TEMPORARY storage of the MANUFACTURED HOME on the land involved. D. Only one (1) zoning permit for TEMPORARY storage of a MANUFACTURED HOME may be issued per LEGAL LOT at any one (1) time. E. The Department of Planning Services shall make its determination on the issuance of a zoning permit for the TEMPORARY storage of a MANUFACTURED HOME on the basis of a signed statement by the applicant that the conditions of Subsections A through D above are met, upon information contained in the permit application, and upon such independent evidence as may be available or which the staff may reasonably require. F. A zoning permit for TEMPORARY storage of a MANUFACTURED HOME shall be for a period of six (6) months, and is renewable for additional six-month periods only by grant of the Board of County Commissioners. G. The Board of County Commissioners shall hear the application for renewal of a zoning permit for TEMPORARY storage of a MANUFACTURED HOME at a regularly scheduled meeting of the Board. The Board of County Commissioners shall give notice of the application for a zoning permit and the meeting date to those persons listed in the application as owners of property located within five hundred (500) feet of the parcel under consideration. Such notification shall be mailed, first-class, not less than ten (10) days before the scheduled meeting. Such notice is not required by state statute and is provided as a courtesy to surrounding property owners (the surface estate). Inadvertent errors by the applicant in supplying such list or the Department of Planning Services in sending such notice shall not create a jurisdictional defect in the permit process, even if such error results in the failure of a surrounding property owner to receive such notification. The Department of Planning Services shall post a sign for the applicant on the property in question indicating that a MANUFACTURED HOME has been requested for the property, the meeting date and a telephone number where further information may be obtained. The sign shall be posted at least ten (10) days prior to the meeting date and evidenced with a photograph. The Board of County Commissioners shall consider any testimony of surrounding property owners concerning the effects of the MANUFACTURED HOME on surrounding property. The Board of County Commissioners shall also consider whether the application has demonstrated compliance with the requirements of Subsections A through D above, as well as compatibility of the MANUFACTURED HOME with the surrounding area, harmony with the character of the NEIGHBORHOOD, its effects upon the immediate area and the general health, safety and welfare of the inhabitants of the area and the COUNTY. H. A MANUFACTURED HOME permitted to be stored TEMPORARILY shall not have a permanent foundation. Amend Sec. 23-4-165. REPEALED. 4511414 Pages: 118 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Koppel!, Clark and Recorder, Wald County, CO idlifuliNliPAIIIL'14 1I II1 2019-2621 ORD2019-02 Amend Sec. 23-4-170. Annual accessory farming use. A. A zoning permit for the annual USE of one (1) MANUFACTURED HOME for an ACCESSORY FARMING USE, on a LOT in the A (Agricultural) Zone District, in addition to a principle DWELLING UNIT, may be issued by the Department of Planning Services upon determination that: 1. The MANUFACTURED HOME will be occupied by persons PRINCIPALLY EMPLOYED at or PRINCIPALLY ENGAGED in the operation of the USE where the MANUFACTURED HOME is located. ACCESSORY FARMING USE of the MANUFACTURED HOME shall be established and revalidated on an annual basis as follows: Evidence shall be submitted by the applicant or property owner on the anniversary of the permit's issuance for review and acceptance by the Department of Planning Services verifying that the MANUFACTURED HOME occupant is PRINCIPALLY EMPLOYED at or engaged in the FARMING operation on the subject property or is a caretaker or security personnel for the subject property. The evidence shall consist of tax records (W-2 forms), employment agreements or other documentation as determined suitable by the Department of Planning Services. Failure to submit the required documentation may result in cessation of the allowance of the MANUFACTURED HOME for annual ACCESSORY FARMING USE. 2. The MANUFACTURED HOME is necessary for the effective and economic operation of the USE and/or protection of the agricultural USE. 3. The MANUFACTURED HOME will not be used as an income source by the applicant for rental to persons who are not PRINCIPALLY EMPLOYED upon the LOT. 4. Adequate water and sewage disposal facilities are available to the MANUFACTURED HOME. 5. REPEALED. 6. The applicant shall obtain a BUILDING permit for the MANUFACTURED HOME and comply with all installation standards of Chapter 29 of this Code. B. — No change. 4511414 Pages: 119 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Koppae, Clark and Reoordar, Wald County, CO 11111 PAGE 119 2019-2621 ORD2019-02 C. A zoning permit for more than one (1) MANUFACTURED HOME in the A (Agricultural) Zone District as an ACCESSORY farm USE may be issued by the Department of Planning Services upon a determination that the criteria of Paragraphs A.1 through A.6 above and Section 23-4-230 below are met. If the applicant is not able to meet the criteria stated in Section 23-4-230 below, the zoning permit may be issued only upon approval by the Board of County Commissioners. The Board of County Commissioners shall review the application for compliance with the criteria set out in Paragraphs A.1 through A.6 above at a regularly scheduled meeting of the Board. The Board of County Commissioners shall give notice of the application for a zoning permit and the meeting date to those persons listed in the application as owners of property located within five hundred (500) feet of the parcel under consideration. Such notification shall be mailed, first-class, not less than ten (10) days before the scheduled meeting. Such notice is not required by state statute and is provided as a courtesy to surrounding property owners (the surface estate). Inadvertent errors by the applicant in supplying such list or the Department of Planning Services in sending such notice shall not create a jurisdictional defect in the permit process, even if such error results in the failure of a surrounding property owner to receive such notification. The Department of Planning Services shall post a sign for the applicant on the property in question indicating that a MANUFACTURED HOME has been requested for the property, the meeting date and telephone number where further information may be obtained. The sign shall be posted at least ten (10) days prior to the meeting date and evidenced with a photograph. The Board of County Commissioners shall consider any testimony of surrounding property owners concerning the effects of the MANUFACTURED HOME on the surrounding properties. In addition, the Board shall consider compatibility of the MANUFACTURED HOME with the surrounding area, harmony with the character of the NEIGHBORHOOD, its effects upon the immediate area, and the general health, safety and welfare of the inhabitants of the area and the COUNTY. D. All MANUFACTURED HOMES as ACCESSORY FARMING USES are temporary. Allowance of the MANUFACTURED HOME shall be extended only if the USE continues to be in conformance with the criteria set out in Paragraph A.1 above. The MANUFACTURED HOME shall be removed from the property upon the cessation of the USE of the MANUFACTURED HOME as an ACCESSORY FARMING USE or at any such time as the MANUFACTURED HOME is used for other than the allowed USE. E. A MANUFACTURED HOME permitted for ACCESSORY FARMING USE shall not have a permanent foundation. Amend Sec. 23-4-180. Annual accessory use during medical hardship. A. A zoning permit for the annual USE of a MANUFACTURED HOME during a medical hardship on a LOT in the A (Agricultural) Zone District, in addition to the principal DWELLING UNIT, may be issued by the Department of Planning Services upon a determination that: 1. A medical hardship exists in which the person to be living in the MANUFACTURED HOME requires the supervision and care of those persons residing in the principal DWELLING UNIT on the property (or the reverse). Documentation of the medical hardship shall be established in a letter from the subject's medical doctor or other evidence deemed suitable by the Department of Planning Services. The letter shall be submitted as a part of the zoning permit application and shall verify that the subject is physically impaired and requires full-time care. 2. — No change. 4511414 Pages: 120 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Kopp.a, Clerk and Recorder, Weld County, CO Pkialii1I 111 2019-2621 ORD2019-02 3. Adequate water and sewage disposal facilities are available to the MANUFACTURED HOME. B. A MANUFACTURED HOME zoning permit for TEMPORARY ACCESSORY USE during a medical hardship in the A (Agricultural) Zone District may be issued by the Department of Planning Services upon a determination that the criteria of Paragraphs A.1 through A.3 above and Section 23-4-230 below are met. If the applicant is not able to meet the criteria stated in Section 23-4-230 below, the Board of County Commissioners shall review the application for compliance with the criteria set out in Paragraphs A.1 through A.3 above at a regularly scheduled meeting of the Board. The Board of County Commissioners shall give notice of the application for a zoning permit and the meeting date to those persons listed in the application as owners of property located within five hundred (500) feet of the parcel under consideration. Such notification shall be mailed, first-class, not less than ten (10) days before the scheduled meeting. Such notice is not required by state statute and is provided as a courtesy to surrounding property owners (the surface estate). Inadvertent errors by the applicant in supplying such list or the Department of Planning Services in sending such notice shall not create a jurisdictional defect in the permit process, even if such error results in the failure of a surrounding property owner to receive such notification. The Department of Planning Services shall post a sign for the applicant on the property in question indicating that a MANUFACTURED HOME has been requested for the property, the meeting date and telephone number where further information may be obtained. The sign shall be posted at least ten (10) days prior to the meeting date and evidenced with a photograph. The Board of County Commissioners shall consider any testimony of surrounding property owners concerning the effects of the MANUFACTURED HOME on the surrounding properties. In addition, the Board shall consider compatibility of the MANUFACTURED HOME with the surrounding area, harmony with the character of the NEIGHBORHOOD, its effects upon the immediate area, and the general health, safety and welfare of the inhabitants of the area and the COUNTY. C. All zoning permits for MANUFACTURED HOMES during a medical hardship are temporary. Such permits shall be subject to review annually on the anniversary of the original permit's issuance. Such permits shall be extended only if the USE continues to be in conformance with the criteria set out in Subsection A above. Any permit for a medical hardship USE shall automatically expire, and the MANUFACTURED HOME shall be removed upon cessation of the medical hardship or at any such time as the MANUFACTURED HOME is used for other than the permitted USE. Amend Sec. 23-4-190. Temporary accessory use as office. A. A zoning permit for the USE of one (1) MANUFACTURED STRUCTURE in the A (Agricultural) Zone District as an OFFICE USE ACCESSORY to the USE allowed by right may be permitted upon a determination by the Department of Planning Services that: 1.thru 3. — No change. 4. No reasonable alternative is available to the applicant for an OFFICE USE. 5. The applicant shall obtain a BUILDING permit for the MANUFACTURED STRUCTURE and comply with all installation standards of Chapter 29 of this Code. A zoning permit shall not be required for a MANUFACTURED STRUCTURE in the A (Agricultural) Zone District if such information is already reflected in an approved Special Use Permit, as determined by the Planner. B. — No change. 4511414 Pages: 121 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County, CO lIII �1� K :OMNI 2firiAllt.:INA II '21 21 2019-2621 ORD2019-02 C. A zoning permit for a MANUFACTURED STRUCTURE used as an accessory OFFICE unit in the A (Agricultural) Zone District may be issued by the Department of Planning Services upon a determination that the criteria of Paragraphs A.1 through A.5 above and Section 23-4-230 below are met. If the applicant is not able to meet the criteria stated in Paragraphs A.1 through A.5 above, the zoning permit may be issued only upon the approval by the Board of County Commissioners. The Board shall review the application for compliance with the criteria set out in Paragraphs A.1 through A.5 above at a regularly scheduled meeting of the Board. The Board of County Commissioners shall give notice of the application for a zoning permit and the meeting date to those persons listed in the application as owners of property located within five hundred (500) feet of the parcel under consideration. Such notification shall be mailed, first-class, not less than ten (10) days before the scheduled meeting. Such notice is not required by state statute and is provided as a courtesy to surrounding property owners (the surface estate). Inadvertent errors by the applicant in supplying such list or the Department of Planning Services in sending such notice shall not create a jurisdictional defect in the permit process, even if such error results in the failure of a surrounding property owner to receive such notification. The Department of Planning Services shall post a sign for the applicant on the property in question indicating that a MANUFACTURED STRUCTURE has been requested for the property, the meeting date and telephone number where further information may be obtained. The sign shall be posted at least ten (10) days prior to the meeting date and evidenced with a photograph. The Board of County Commissioners shall consider any testimony of surrounding property owners concerning the effects of the MANUFACTURED STRUCTURE on the surrounding properties. In addition, the Board shall consider compatibility of the MANUFACTURED STRUCTURE with the surrounding area, harmony with the character of the NEIGHBORHOOD, its effects upon the immediate area, and the general health, safety and welfare of the inhabitants of the area and the COUNTY. D. All MANUFACTURED STRUCTURES used as ACCESSORY OFFICE USES to the principal USE in the A (Agricultural) Zone District are TEMPORARY. The MANUFACTURED STRUCTURE shall be removed from the property upon the cessation of the USE of the MANUFACTURED STRUCTURE as an ACCESSORY OFFICE USE to the business, COMMERCIAL or industrial activity. The six-month limitation for this TEMPORARY USE may be extended in six-month increments at the discretion of the Director of Planning Services up to two (2) times, and thereafter by the Board of County Commissioners. E. A MANUFACTURED STRUCTURE permitted as a TEMPORARY OFFICE shall not have a permanent foundation. Amend Sec. 23-4-200. REPEALED. Amend Sec. 23-4-210. REPEALED. Amend Sec. 23-4-220. Manufactured homes in C or I Zone District. A. A zoning permit for the USE of one (1) MANUFACTURED HOME, when used as living quarters for caretakers or security personnel responsible for maintaining or guarding the property, may be permitted as an ACCESSORY USE to the principal USE in certain C (Commercial) or I (Industrial) Zone Districts as described in Article III of this Chapter upon a determination by the Department of Planning Services that: 1. The MANUFACTURED HOME is necessary for the effective and economic operation of the business, COMMERCIAL or industrial activity. 2. The MANUFACTURED HOME will not be used for residential purposes other than for the purpose of the protection or control of the principal USE. mAr+r Ann 4511414 Pages: 122 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Koppaa, Clerk and Recorder, Wald County, CO 2019-2621 ORD2019-02 3. Adequate water and sewage disposal facilities are available to the MANUFACTURED HOME. 4. The applicant shall obtain a BUILDING permit for the MANUFACTURED HOME and comply with the installation standards of Chapter 29 of this Code. A zoning permit shall not be required for a MANUFACTURED HOME in the Commercial or Industrial Zone Districts if such information is already reflected in an approved Site Plan Review or Special Use Permit, as determined by the Planner. B. The Department of Planning Services shall make its determination on the basis of a signed statement by the applicant that the requirements of this Section are met, upon information contained in the application, and upon independent evidence as may be available or which the Department of Planning Services may reasonably require. C. A zoning permit for one (1) MANUFACTURED HOME per LEGAL LOT in the C or I (Commercial or Industrial) Zone District as an ACCESSORY USE to the principal USE may be issued by the Department of Planning Services upon a determination that the criteria of Paragraphs A.1 through A.4 above and Section 23-4-230 of this Division are met. If the applicant is not able to meet the criteria stated in Section 23-4-230, the zoning permit may be issued only upon the approval by the Board of County Commissioners. The Board shall review the application for compliance with the criteria set out in Paragraphs A.1 through A.4 above at a regularly scheduled meeting of the Board. The Board of County Commissioners shall give notice of the application for a zoning permit and the meeting date to those persons listed in the application as owners of property located within five hundred (500) feet of the parcel under consideration. Such notification shall be mailed, first-class, not less than ten (10) days before the scheduled meeting. Such notice is not required by state statute and is provided as a courtesy to surrounding property owners (the surface estate). Inadvertent errors by the applicant in supplying such list or the Department of Planning Services in sending such notice shall not create a jurisdictional defect in the permit process, even if such error results in the failure of a surrounding property owner to receive such notification. The Department of Planning Services shall post a sign for the applicant on the property in question indicating that a MANUFACTURED HOME has been requested for the property, the meeting date and telephone number where further information may be obtained. The sign shall be posted at least ten (10) days prior to the meeting date and evidenced with a photograph. The Board shall consider any testimony of surrounding property owners concerning the possible effects of the MANUFACTURED HOME on surrounding properties. In addition, the Board shall consider compatibility of the MANUFACTURED HOME with the surrounding area, harmony with the character of the NEIGHBORHOOD, its effects upon the immediate area, and the general health, safety and welfare of the inhabitants of the area and the COUNTY. D. All MANUFACTURED HOMES as ACCESSORY USES to the principal USE in C or I Zone Districts are subject to the standards in Article III, Division 3 or Article III, Division 4 of this Chapter. The MANUFACTURED HOME shall be removed from the property upon the cessation of the USE of the MANUFACTURED HOME as an ACCESSORY USE to the business, COMMERCIAL or industrial activity. Amend Sec. 23-4-230. Delegation of authority. The Board of County Commissioners delegates the authority to issue a Zoning Permit for a MANUFACTURED HOME, MANUFACTURED STRUCTURE, or occupied RECREATIONAL VEHICLE which otherwise requires the approval of the Board of County Commissioners through a public hearing process to the Department of Planning Services upon a determination by the Department that: 4511414 Pages: 123 of 181 23 08/02/2019 01:53 PM R Fee:$0.00 Carly Koppas, Clerk and Recorder, Weld County, CO 2019-2621 ORD2019-02 A. — No change. B. The Department of Planning Services has sent notice and not received signed notification of at least thirty percent (30%) of surrounding property owners within five hundred (500) feet of the subject property in opposition to the location of the MANUFACTURED HOME, MANUFACTURED STRUCTURE, or occupied RECREATIONAL VEHICLE within twenty-eight (28) days. C. If the Department of Planning Services denies the permit, the applicant may appeal in writing to the Director of Planning Services, within ten (10) days of receipt of the denial notice. A hearing shall be scheduled with the Board of County Commissioners to provide the landowner an opportunity to appeal the denial, for good cause shown. If the landowner does not submit a written appeal, the denial becomes final. D. If the Department of Planning Services does receive signed notification that thirty percent (30%) or more of surrounding property owners within five hundred (500) feet of the subject property are in opposition to the permit, the Board of County Commissioners shall review the application for compliance with the criteria set out in this Division at a regularly scheduled meeting of the Board: 1. The Department of Planning Services will notify the applicant, granting ten (10) business days to determine if he or she wants to proceed with the application. 2. If the applicant notifies the Department of Planning Services of his or her desire to proceed with the application, the Department will request a hearing date and time from the Clerk to the Board and prepare a staff report. 3. The Board of County Commissioners shall give notice of the application for a zoning permit and the meeting date to those persons listed in the application as owners of property located within five hundred (500) feet of the parcel under consideration. Such notification shall be mailed, first-class, not less than ten (10) days before the scheduled meeting. Such notice is not required by state statute and is provided as a courtesy to surrounding property owners (the surface estate). Inadvertent errors by the applicant in supplying such list or the Department of Planning Services in sending such notice shall not create a jurisdictional defect in the permit process even if such error results in the failure of a surrounding property owner to receive such notification. 4. The Department of Planning Services shall post a sign for the applicant on the property in question indicating the request, the meeting date and a telephone number where further information may be obtained. The sign shall be posted at least ten (10) days prior to the meeting date and evidenced with a photograph. 5. The Department of Planning Services shall arrange for legal notice of said hearing to be published in the newspaper designated by the Board of County Commissioners for publication of notices at least ten (10) days prior to the hearing. 6. The Board of County Commissioners shall consider any testimony of surrounding property owners concerning the effects on the surrounding properties and compliance with the criteria set out in this Division. Division 5 - Supplementary Regulations for Certain Uses by Special Review Amend Sec. 23-4-350. Livestock confinement operations. A. LIVESTOCK CONFINEMENT OPERATIONS shall be located at least fifty (50) feet from any state or federal highway RIGHT-OF-WAY, subject to review by the Colorado Department of Transportation. 4511414 Pages: 124 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Kopoes, Clark and Recorder, Weld County, CO VIII mirnK i univiwnokit'mimbilayi,11111 P. 2019-2621 ORD2019-02 B. and C. — No change. D. Concrete or other suitable aprons adjacent to the permanently affixed feed bunks, water tanks and feeding devices shall be provided. E. — No change. F. Drainage facilities or improvements shall be constructed to protect any adjacent rivers, streams or other bodies of water from pollution, as approved by the Colorado Department of Public Health and Environment. G. Additional submittal requirements for a Use by Special Review for a LIVESTOCK CONFINEMENT OPERATION. In addition to the application requirements listed in Article II, Division 3, of this Chapter, the following information shall be submitted with the application for a LIVESTOCK CONFINEMENT OPERATION: 1. Maximum number of ANIMAL UNITS and species to be associated with the LIVESTOCK CONFINEMENT OPERATION. 2. Evidence that the facility has been registered as a Concentrated Animal Feeding Operation (CAFO) with the Colorado Department of Public Health and Environment. 3. A nuisance management plan. 4. A lighting plan. 5. A facility management plan. 6. A housing plan for employees (if necessary). 7. Evidence that proposed wastewater impoundments will meet the requirements of the Colorado Water Quality Control Commission Regulation Number 81 (5 CCR 1002-81), including but not limited to: a. Setbacks to water wells. b. Separation from groundwater. c. Impoundment liners meet seepage rate. d. Impoundment wastewater storage capacity. Amend Sec. 23-4-360. Organic fertilizer production and composting facilities. The storage and sale of fertilizer (organic), where the fertilizer is stored for longer than one (1) year, shall be regulated as set forth below: A. Storage of fertilizer shall not be permitted closer than fifty (50) feet to any PUBLIC RIGHT-OF-WAY or LOT line. Remainder of Section — No change. Amend Sec. 23-4-370. Outdoor shooting ranges. A. A Special Review Permit to operate an OUTDOOR SHOOTING RANGE, if approved, shall be conditioned on a requirement that every ten (10) years the safety of the design of the range shall be reviewed and changed, taking into account the history of the operation and changes in surrounding land USES and the relevant provisions of Subsections B.2, C.2 through C.6 and D below. The Department of Planning Services may waive the review if the surrounding property within one-half (1/2) mile has not significantly changed since the recording date of the original application. The applicant shall provide evidence for this determination. 4511414 % 2/ Pages1 2019 01 :: 53PM RFe25 of e:$0.00 a $0.00 08 Carly Koppel, Clerk and Recorder, Weld County, CO VIIIFOCNIVIWINIVILIMIlirlailialNr4AY h 11111 ?5 2019-2621 ORD2019-02 B. Application for a Special Review Permit or Zoning Permit, as required in Article III of this Chapter, to operate an OUTDOOR SHOOTING RANGE shall be accompanied by the following information: 1. and 2. — No change. C. The following minimum standards shall apply to all OUTDOOR SHOOTING RANGES: 1. REPEALED. 2. thru 5. — No change. 6. In addition to firing lines or fields, adequate space for danger areas, parking, equipment, storage BUILDING, clubhouse and latrines shall be provided. D. thru E.3. — No change. Delete 4 and 5. Amend Sec. 23-4-380. Solid waste sites and facilities or hazardous waste disposal sites. A. Certificates of designation for solid or hazardous waste disposal sites and facilities as required by Article VIII of Chapter 12, the Colorado Revised Statutes, and the Code of Colorado Regulations shall not be deemed approved until or unless a Use by Special Review Permit has been approved by the Board of County Commissioners where required by this Chapter. The Board shall be guided in its review of a certificate of designation by the Colorado Revised Statutes and Code of Colorado Regulations, as amended. B. Applicants for activities reviewed pursuant to Article II, Division 4 of this Chapter for any Solid Waste sites and facilities or Hazardous Waste disposal sites shall have the burden of proof to demonstrate that there is a need for the facility within the proposed area of service, and the Board of County Commissioners shall be satisfied that a need exists as part of the determinations for any such permit. Amend Sec. 23-4-400. Kennels. A. and B. — No change. C. Drainage facilities or improvements shall be constructed to protect any adjacent rivers, streams or other bodies of water. Amend Sec. 23-4-410. REPEALED. Amend Sec. 23-4-420. REPEALED. (Re-enacted as Subsection 23-2-400.0). Division 6 - Wind Generators and Permitting Requirements. Amend Sec. 23-4-450. Wind generator standards. WIND GENERATORS are allowed in certain zone districts as either ACCESSORY USES, as principal or ACCESSORY USES subject to Zoning Permit requirements of Section 23-4-460, or as principal or ACCESSORY USES subject a Use -by -Special Review Permit, per the height guidelines and maximum numbers for LEGAL LOTS, below. The height of a WIND GENERATOR is measured from the surrounding ground to the hub of the generator: 4511414 Paws: 126 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly �I�A Y5Koplpaps,uClerk and Recorder, `Weld pCounty, CO ` lIII IA''i r I r11IWY�i r rillYi� rf TtiIIY 1Y i'tfh 11111 PAGE 126 2019-2621 ORD2019-02 Table 23.3 WIND GENERATORS Lot Size (Gross Acres) Less than 2.49 Acres * 2.5 Acres - 4.99 Acres Accessory Use (Building Permit required only) Up to 40 feet and rotor diameter 12 feet or less * Up to 60 feet and below and rotor diameter of 14 feet or less 5 Acres and Up to 120 feet and below and Above rotor diameter 25 feet or less Zoning Permit for WIND GENERATOR 41 - 60 feet 61-120 feet 121-180 feet Use -by -Special Review Permit Above 60 feet, or more than 3 per LEGAL LOT Above 120 feet, or more than 3 per LEGAL LOT Above 180 feet, or more than 3 per LEGAL LOT * On LOTS less than 2.5 acres, the owner shall submit evidence to the Planning Department that the WIND GENERATOR can meet the SETBACKS found in Subsection 23-4-450.D and E below. All WIND GENERATORS are subject to the following standards: A. and B. — No change. C. All WIND GENERATORS shall be set back from property lines, PUBLIC RIGHTS -OF -WAY and access easements a distance of at least one (1) times the height of the generator (as measured to the tip of the rotor blades). D. All WIND GENERATORS shall be set back from any existing or planned overhead lines a distance of at least one (1) times the height of the generator (as measured to the tip of the rotor blades). E. No part of the system, including guy wire anchors, shall extend closer than thirty (30) feet to any property boundary. F. WIND GENERATORS shall be painted or coated a nonreflective white, grey or other neutral color. G. WIND GENERATORS shall not be artificially illuminated, unless required by the Federal Aviation Administration (FAA). H. Electrical controls shall be wireless or underground, and power lines shall be underground, except for an interconnection to an existing above -ground power grid. I. WIND GENERATORS are subject to the following noise limits (measured from the nearest property line from the WIND GENERATOR): 1. and 2. — No change. 3. Light Industrial (I-1): Sixty-five (65) decibels. 4511414 Pages: 127 of 181 08/02/2019 01:53 PM R Fs.:$0.00 Carly Kappa., Clark and Recorder, Wald County, CO IIII FANM ti tir,I ' IA'N NU "III 2019-2621 ORD2019-02 4. Industrial (1-2 and 1-3): Seventy-five (75) decibels. J. — No change. K. WIND GENERATORS generating power as a COMMERCIAL enterprise may be subject to regulation by the Colorado Public Utilities Commission. L. If proposing to interconnect to a utility company, the applicant shall provide to the Department of Planning Services a copy of a "letter of intent to interconnect" or interconnection agreement signed by the utility company. Amend Sec. 23-4-460. Zoning Permit for Wind Generator permit application requirements. An application for a Zoning Permit for a WIND GENERATOR shall include the following: A. thru F. — No change. G. Elevation drawings of the proposed facility showing all towers, STRUCTURES and other improvements related to the facility, showing specific materials, placement and colors. H. Weld County Access Permit. I. A vicinity map showing ADJACENT properties, general land USES, zoning and STREETS/ROADS: 1. Within five hundred (500) feet of the proposed WIND GENERATOR site. J. A sketch plan of the site at the scale of one (1) inch represents fifty (50) feet, or other suitable scale to show: 1. The proposed location of the WIND GENERATOR(S) and other support STRUCTURES (guy wires), including distances from the property LOT lines, above -ground power lines and other STRUCTURES on the property. 2. — No change. 3. An access is or can be made available that provides for safe ingress and egress to a PUBLIC STREET/ROAD. All accesses shall be in accordance with the access requirements set forth in this Code. 4. Identification of any COUNTY, state or federal STREETS/ROADS or highways. 5. — No change. K. An application fee. An additional fifty (50) percent of the application fee shall be added to the cost of the application fee if the USE is started prior to issuance of a permit. The payment of the investigation fee shall not relieve any persons from fully complying with the requirements of this Chapter, nor from any other penalties. L. — No change. Delete M. Amend Sec. 23-4-470. Delegation of authority. The Board of County Commissioners delegates the authority to issue a zoning permit for a WIND GENERATOR which otherwise requires the approval of the Board of County Commissioners through a public hearing process to the Department of Planning Services upon a determination by the Department that: A. — No change. 4511414 Pages: 128 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly IKoppel, VIII./�'�'RPaI�igki iiIiCounty, nT VII II III 2019-2621 ORD2019-02 B. The Department of Planning Services has sent notice and has not received signed notification from at least thirty percent (30%) of surrounding property owners within five hundred (500) feet of the subject property in opposition to the location of the WIND GENERATOR within twenty-eight (28) days. Sec. 23-4-475. Notification and appeal of denial. A. Once an application that is subject of this Division 6 is deemed complete by the Department of Planning Services, the Department of Planning Services shall send the application to applicable agencies listed in Appendix 23-G, as determined by the Department of Planning Services. The failure of any agency to respond within twenty-eight (28) days may be deemed a favorable response. All REFERRAL agency review comments are considered recommendations. The authority and responsibility for approval and denial of a zoning permit rests with the Department of Planning Services. B. The Department of Planning Services shall send notice, mailed first-class, to owners of LOTS within five hundred (500) feet of the subject property notifying them of the application and their opportunity to object to the issuance of the zoning permit, which shall be submitted by returning the signed form sent by the Department of Planning Services within twenty-eight (28) days. C. If the Department of Planning Services receives objections from the owners of at least thirty (30) percent of those notified within twenty-eight (28) days, or if the Department of Planning Services determines the application does not meet all applicable criteria and requirements, the zoning permit shall be denied by the Department of Planning Services. 1. The Department of Planning Services shall notify the applicant of the objections and the denial of the zoning permit. The Department of Planning Services shall also provide the applicant comments received from REFERRAL agencies. The applicant may appeal in writing to the Department of Planning Services within ten (10) days of receipt of the denial notice. 2. If appealed, a public hearing shall be scheduled before the Board of County Commissioners and staff shall send notice, mailed first-class, to the applicant and owners of LOTS within five hundred (500) feet of the subject property at least ten (10) days prior to the hearing. The Department of Planning Services shall also notify the REFERRAL agencies with comments of the hearing. 3. The Department of Planning Services shall post a sign on the property in question indicating a zoning permit has been requested for the property, the hearing date, and telephone number where further information may be obtained. The sign shall be posted at least ten (10) days prior to the hearing date and evidenced with a photograph. 4. The Department of Planning Services shall arrange for legal notice of said hearing to be published in the newspaper designated by the Board of County Commissioners for publication of notices at least ten (10) days prior to the hearing. 5. The Board of County Commissioners shall consider any testimony of owners of surrounding property and REFERRAL agencies concerning the effects of the zoning permit on the NEIGHBORHOOD and its compliance with the applicable criteria set out in this Code. 6. Following the public hearing, the Board of County Commissioners shall pass a resolution affirming its decision as to whether to approve or deny the zoning permit. The decision of the Board shall be final. 4511414 Pawn : 129 of 181 08/02/2019 01:53 PM R F..:$0.00 Carly Kappa., Clerk and Recorder, Weld County, CO VIII Nictf lAlLi VIOININIVVIlialitAKIVI &Il A 11111 129 2019-2621 ORD2019-02 7. Notice is not required by state statute and is provided as a courtesy to surrounding property owners. Inadvertent errors by the applicant in supplying such list or the Department of Planning Services in sending such notice shall not create a jurisdictional defect in the permit process even if such error results in the failure of a surrounding property owner to receive such notification. 8. If the applicant does not submit a written appeal within said ten (10) days, the denial shall be final. Division 7 - Temporary Seasonal Uses Amend Sec. 23-4-500. Intent and applicability. A. The intent of the TEMPORARY seasonal USE procedure is to provide an administrative process for the regulation of seasonal USES and ACCESSORY STRUCTURES, including fruit and vegetable stands, and those for the sale of fireworks or Christmas trees. Other similar TEMPORARY seasonal USES may be approved by the Director of Planning Services. B. Roadside stands shall be located not less than fifty (50) feet from any PUBLIC RIGHT-OF- WAY. Amend Sec. 23-4-510. Duties of Department of Planning Services. A. The submittal shall be reviewed for completeness and the applicant notified of any inadequacies. Once the submittal is determined complete, Planning staff and other agencies, such as the Department of Public Works, the affected fire district, the Colorado Department of Transportation and the Department of Public Health and Environment, shall review the submittal. B. — No change. C. If the Department of Planning Services denies the Permit, the applicant may appeal in writing to the Director of Planning Services, within ten (10) days of receipt of the denial notice. A hearing shall be scheduled with the Board of County Commissioners to provide the landowner an opportunity to appeal the denial, for good cause shown. If the landowner does not submit a written appeal, the denial becomes final. Amend Sec. 23-4-520. Application requirements for temporary seasonal use permit. The following supporting documentation shall be submitted as a part of the application: A. A TEMPORARY seasonal USE permit application form provided by the Department of Planning Services. B. — No change. C. A detailed description of the proposed USE, including the location of proposed parking areas or PARKING LOTS, and evidence that the USE meets the requirements of the zone district. D. — No change. E. Evidence that the USE shall have adequate sewage disposal facilities, which may include TEMPORARY sewage disposal facilities (i.e., portable toilets), as determined by the Department of Public Health and Environment. F. thru H.3. — No change. 4. The location of all existing and proposed driveways and accesses associated with the PARKING LOTS. 4511414 Pages: 130 of 181 08/02/2019 01:53 PM R F..:$0.00 Carly Koppae, Clark and Recorder, Weld County, CO 1111KNINIIVireiliRill A ti11 III 2019-2621 ORD2019-02 5. The names of any existing STREETS/ROADS or highways abutting the property. 6. All existing STRUCTURES on the property. 7. and 8. — No change. I. The application fee. An additional fifty (50) percent of the application fee shall be added to the cost of the application fee if the USE is started prior to issuance of a permit. The payment of the investigation fee shall not relieve any persons from fully complying with the requirements of this Chapter, nor from any other penalties. Division 8 - Second Single -Family Dwelling in the A (Agricultural) Zone District Amend Sec. 23-4-600. Requirements for a second single-family dwelling. Where a second SINGLE-FAMILY DWELLING is permitted in Article III of this Chapter, the following criteria shall be met prior to issuance of a building permit for said dwelling: A. The LOT shall be at least two and one-half (2.5) acres in area. B. The second SINGLE-FAMILY DWELLING shall have a permanent, engineered foundation. C. Where Article III of this Chapter requires issuance of a zoning permit for a second SINGLE- FAMILY DWELLING, the permit may be issued in accordance with Division 17 of this Article IV of this Code. Where Article III of this Chapter requires approval of a Use by Special Review for a second SINGLE-FAMILY DWELLING, the process in Division 4 of Article II of this Code shall be followed. Delete Sec. 23-4-610. Delete Sec. 23-4-620. Delete Sec. 23-4-630. Division 9 - Miscellaneous Regulations. Amend Sec. 23-4-700. REPEALED. Amend Sec. 23-4-710. Livestock feeding performance standards. A. and B. — No change. C. The Department of Public Health and Environment will use the following performance standards to verify a complaint and evaluate the presence of a nuisance condition: 1. The property owner shall remove, handle and stockpile all manure in a manner that will prevent nuisance conditions. The manure piles shall not be allowed to exist or deteriorate to a condition that facilitates excessive odors, flies, insect pests or pollutant runoff. The manure storage site shall have a surface, in accordance with the Concentrated Animal Feeding Operation Control Regulations, which does not permit seepage or percolation of manure pollutants into the ground. 2. thru 5. — No change. 6. All runoff retention and containment facilities shall meet and be maintained in accordance with the Colorado Department of Health's Concentrated Animal Feeding Operation Control Regulation (5 CCR 1002-81). The property owner shall be responsible for any additional requirements issued by the Colorado Department of Health, Water Quality Control Division, or the County Department of Public Health and Environment. Remainder of Section - No change. 4911414 Pages: 131 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Koppae, Clerk and Recorder, Weld County, CO ‘iglitIVIVIRifillig ihnrAFINLNihli h II III - -- 131 2019-2621 ORD2019-02 Division 10 - Antennas and Towers Amend Sec. 23-4-800. Purpose. The purpose of this Division is to accommodate the increasing wireless communication needs of County residents, businesses and visitors while protecting the public health, safety, general welfare and visual environment of the County by: A. thru C. — No change. D. Reducing the number of TELECOMMUNICATION ANTENNA TOWERS needed to serve the County by requiring TELECOMMUNICATION ANTENNAS to be placed on existing STRUCTURES wherever possible and requiring CO -LOCATION of telecommunication providers on existing and new TELECOMMUNICATION ANTENNA TOWERS. E. Using performance standards and incentives to promote location of TELECOMMUNICATION ANTENNAS on concealed STRUCTURES and existing BUILDINGS and TELECOMMUNICATION ANTENNA TOWERS. Amend Sec. 23-4-805. Definitions. For the purposes of this Division 10, certain terms or words used herein shall be interpreted as defined in Section 23-1-90. Amend Sec. 23-4-810. Preferred order for locating Telecommunication Facilities. The order of preference for locating new permanent TELECOMMUNICATION FACILITIES is from most preferred to least preferred and based on economic and technical feasibility: A. thru C. — No change. D. TELECOMMUNICATION ANTENNA TOWER. New TELECOMMUNICATION ANTENNAS shall use the most preferred facility type where economically and technically feasible. A lesser preferred facility type is allowed only if the applicant presents substantial evidence to show it will have a lesser visual impact than the USE of more preferred facilities and that the applicant's desired geographic area cannot be served by using more preferred facilities. Amend Sec. 23-4-820. General requirements. A. TELECOMMUNICATION FACILITIES on Residential Properties. TELECOMMUNICATION FACILITIES may not be placed on properties or BUILDINGS used primarily for residential purposes. This does not apply to BUILDINGS containing eight (8) or more DWELLING UNITS or farms and ranches containing DWELLING UNITS. B. TELECOMMUNICATION FACILITIES are allowed as a USE by right or ACCESSORY USE on a property as follows: 1. REPEALED. 2. TELECOMMUNICATION ANTENNA TOWERS are not allowed in the following zone districts: R-1, R-2, R-3, R-4, R-5, E and PUD (with residential USES). 3. TELECOMMUNICATION ANTENNA TOWERS are permitted either as a USE by right, ACCESSORY USE, zoning permit, or Use by Special Review in the following zone districts: C, I, A and PUD (with COMMERCIAL or industrial USES). 4511414 Pages: 132 of 181 08/02/2019 01:53 PM R Fee:$0,00 liltfr modal, C 7iFkan+ Redo +LE Y4 11111 2019-2621 ORD2019-02 C. ACCESSORY USES to a TELECOMMUNICATION ANTENNA AND TELECOMMUNICATION ANTENNA TOWER shall not include OFFICES, broadcast studios, long-term vehicle storage or other OUTDOOR STORAGE, or other USES not needed to send, receive or relay transmissions. Amend Sec. 23-4-830. Standards for Telecommunication Antenna Towers. A. TELECOMMUNICATION ANTENNA TOWERS are allowed as a USE by right, ACCESSORY USES, subject to Zoning Permit for TELECOMMUNICATION ANTENNA TOWER requirements, or as a Use by Special Review Permit, per the height guidelines below. The height of a TELECOMMUNICATION ANTENNA TOWER is defined as the distance from the finished grade at the TELECOMMUNICATION ANTENNA TOWER base to the highest point of the TELECOMMUNICATION ANTENNA TOWER. Overall TELECOMMUNICATION ANTENNA TOWER HEIGHT includes the base pad, mounting STRUCTURES and panel antennas, but excludes lightning rods and whip antennas. Table 23.4 TELECOMMUNICATIONS ANTENNA TOWERS Use by Right or Accessory Use Zoning Permit for TELECOMMUNICATIONS ANTENNA TOWER Up to 35 feet in height > 35 feet up to 70 feet in height Use by Special Review Permit approval required Greater than 70 feet in height B. Radial Spacing. TELECOMMUNICATION ANTENNA TOWERS over thirty-five (35) feet high shall be located at least one thousand (1,000) feet from other TELECOMMUNICATION ANTENNA TOWERS over thirty-five (35) feet high that are capable of supporting TELECOMMUNICATION FACILITIES. Closer spacing between TELECOMMUNICATION ANTENNA TOWERS may be granted through the Use by Special Review process. This radial spacing requirement does not apply to facilities located at designated antenna farms. C. In addition to meeting the Use by Special Review standards set forth in Article II, Division 5 of this Chapter or the Zoning Permit for Telecommunication antenna tower permit application requirements set forth in Section 23-4-870, the applicant shall submit documentation addressing the following standards: 1. thru 4.a. — No change. b. The TELECOMMUNICATION ANTENNA TOWER owner modifies the STRUCTURE in a way to make CO -LOCATION impractical or impossible. c. If approval is revoked, the facility shall be removed at the owner's expense. 5. thru 13. — No change. D. TELECOMMUNICATION ANTENNA TOWER and Equipment SETBACKS and OFFSETS. 1. TELECOMMUNICATION ANTENNAS, ATTACHED and other appurtenances may encroach up to two (2) feet into the minimum BUILDING SETBACKS and OFFSETS in the UNDERLYING ZONING DISTRICT, but shall not extend over LOT lines. 4511414 08/02/2019 01:53Pages: 181 PM R Fee $0.00 3 Cer1Y Koppes Clerk end Reoorder Weld County CO II II 2019-2621 ORD2019-02 2. Minimum SETBACKS and OFFSETS for TELECOMMUNICATION ANTENNAS, CONCEALED are the same as the minimum BUILDING SETBACKS and OFFSETS in the UNDERLYING ZONING DISTRICT. 3. Minimum SETBACKS and OFFSETS for TELECOMMUNICATION ANTENNA TOWERS are as follows: a. From LOT lines of properties in the A, C, I and PUD (with COMMERCIAL or industrial USES) zones: one hundred percent (100%) of the TELECOMMUNICATION ANTENNA TOWER HEIGHT but not less than minimum SETBACKS and OFFSETS in the UNDERLYING ZONING DISTRICT. b. From subdivision exemption boundaries for non -permanent USE of a parcel for Telecommunication Antenna Tower Facilities in the A, C, I and PUD (with COMMERCIAL or industrial USES) zones: one hundred percent (100%) of the TELECOMMUNICATION ANTENNA TOWER HEIGHT but not less than minimum SETBACKS and OFFSETS in the UNDERLYING ZONING DISTRICT, unless evidence of a recorded easement granted by the underlying property owner, which allows for the fall of the tower onto the burdened property is provided. As an alternative, the applicant may provide stamped documentation from an engineer licensed to practice in the state demonstrating that the tower and debris would fall completely within the boundary of the subdivision exemption. 4. Guy wires and equipment BUILDINGS and cabinets. No part of the TELECOMMUNICATION ANTENNA TOWER system, including any guy wire anchors, shall extend closer to the property boundary than minimum BUILDING SETBACKS and OFFSETS in the UNDERLYING ZONING DISTRICT. E. Equipment Design. 1. A TELECOMMUNICATION ANTENNA, ATTACHED on a roof may extend up to fifteen (15) feet over the height of the BUILDING or STRUCTURE and may exceed the UNDERLYING ZONING DISTRICT height limitation. TELECOMMUNICATION ANTENNAS, ATTACHED mounted on a BUILDING or STRUCTURE wall shall be as flush to the wall as technically possible, and shall not project above the top of the wall, and shall be located, painted and/or screened to be architecturally and visually compatible with the wall to which it is attached. 2. TELECOMMUNICATION ANTENNA TOWERS should be painted or coated in earth -tone colors that blend, to the extent possible, with the surrounding BUILDING and natural environment, unless State or federal regulations require specific colors. 3. TELECOMMUNICATION ANTENNA TOWERS shall not be artificially lighted unless required by the FAA or other State or federal agency. Security lighting on the site may be mounted up to twenty (20) feet high and shall be directed toward the ground to reduce light pollution, prevent offsite light spillage and avoid illuminating the TELECOMMUNICATION ANTENNA TOWER. 4. Equipment BUILDINGS shall be compatible with the architectural style of the surrounding BUILDING environment with consideration given to exterior materials, roof form, scale, mass, color, texture and character. Equipment BUILDINGS shall be constructed with materials that are equal to or better than the materials of the PRINCIPAL BUILDING. Equipment cabinets shall be located, painted and/or screened to be architecturally and visually compatible with the surrounding BUILDING and natural environment. 4511414 Pages: 134 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Kopp.., Clark and Raaorder, Weld County, CO "III 2019-2621 ORD2019-02 5. The maximum permissible noise level shall adhere to the maximum permissible noise levels allowed in the UNDERLYING ZONING DISTRICT as delineated in Chapter 14, Article IX of this Code. F. Base or Accessory Site Design. 1. If determined to be required by either the Director of the Department of Planning Services or the Weld County Board of Commissioners in the course of processing a Zoning Permit for a Telecommunication Antenna Tower Facility or Use by Special Review Permit, SCREENING and landscaping appropriate to the context of the site and in harmony with the character of the surrounding environment may be installed when any part of the facility is visible from PUBLIC RIGHTS -OF -WAY or ADJACENT properties. 2. — No change. 3. Signage at the site is limited to nonilluminated warning and equipment IDENTIFICATION SIGNS. This does not apply to concealed antennas incorporated into FREESTANDING SIGNS. 4. TELECOMMUNICATION ANTENNA FACILITIES, except those in the C and I zones, shall not include manned OFFICES, long-term vehicle storage or other outdoor storage, or other uses not needed to send, receive or relay transmissions. G. Abandonment. If the Use by Special Review has not commenced within three (3) years from the date of approval, or is discontinued for a period of three (3) consecutive years, it shall be presumed inactive or abandoned. The COUNTY shall initiate an administrative hearing to consider whether to grant an extension of time to commence the USE or revoke the USE. If the USE is revoked, it shall be necessary to follow the procedures and requirements of this Division in order to reestablish any subsequent USE by right or Use by Special Review. Upon the determination that the USE has been abandoned, the facility owner has ninety (90) days to re -use the facility or transfer the facility to another owner who will re -use it or remove the facility. Evidence of such shall be provided, in writing, to the Department of Planning Services. Remainder of Section — No change. Amend Sec. 23-4-840. Supplemental Use by Special Review Permit application requirements for Telecommunication Antenna Towers. A. Application Contents. In addition to requirements outlined in Article II, Divisions 3 through 5 of this Chapter, applications for administrative or Use by Special Review approval of proposed TELECOMMUNICATION FACILITIES, and additions or modifications to existing facilities, shall include the following: 1. A Site Plan showing the location and legal description of the site; on -site land USES and zoning; adjacent STREETS/ROADS; parking and access; areas of vegetation and landscaping to be added, retained, replaced or removed; SETBACKS from property lines; and the location of the TELECOMMUNICATION FACILITY, including all related improvements, BUILDINGS and equipment. 2. A vicinity map showing ADJACENT properties, general land USES, zoning and STREETS/ROADS: a. thru c. — No change. 4511414 Pages: 135 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Koppea, Clerk and Recorder, Weld County, CO ill4AV WON II PAGE 135 2019-2621 ORD2019-02 3. Elevation drawings of the proposed TELECOMMUNICATION FACILITY showing all TELECOMMUNICATION ANTENNAS, TELECOMMUNICATION ANTENNA TOWERS, STRUCTURES, equipment BUILDINGS and cabinets, fencing, SCREENING, landscaping, lighting and other improvements related to the facility, showing specific materials, placement and colors. 4. — No change. 5. A report describing the TELECOMMUNICATION FACILITY and the technical need and other reasons for its design, height and location; the need for the TELECOMMUNICATION FACILITY and its role in the network; and the capacity of the STRUCTURE, including the number and type of antennas it can accommodate. 6. The FAA response to the Notice of Proposed Construction or Alteration (FAA Form 7460-1 or equivalent), if the facility is located near an AIRPORT or a flight path. 7. If landscaping/SCREENING is required by the Department of Planning Services the applicant is responsible for landscaping, SCREENING, site maintenance and the replacement of dead plant material. 8. A schedule for the installation of landscaping and SCREENING, if applicable. 9. thru 11. — No change. B. TELECOMMUNICATION FACILITY Inventory. The first application for a proposed TELECOMMUNICATION FACILITY by a provider shall include a detailed inventory of all the provider's existing and approved TELECOMMUNICATION FACILITIES within the County, all incorporated areas within the County, and one (1) mile beyond the County border, including Wyoming. Amend Sec. 23-4-870. Zoning Permit for Telecommunication Antenna Tower permit application requirements. An application for a Zoning Permit for a TELECOMMUNICATION ANTENNA TOWER shall include the following: A. thru E. — No change. F. Elevation drawings of the proposed TELECOMMUNICATION FACILITY showing all TELECOMMUNICATION ANTENNA TOWERS, STRUCTURES and other improvements related to the TELECOMMUNICATION FACILITY, showing specific materials, placement and colors. G. — No change. H. A vicinity map showing ADJACENT properties, general land USES, zoning and STREETS/ROADS: 1. — No change. I. A sketch plan of the site at the scale of one (1) inch represents fifty (50) feet, or other suitable scale, to show: 1. The proposed location of the TELECOMMUNICATION ANTENNA TOWERS and other support STRUCTURES (guy wires), including distances from the property LOT lines, above -ground power lines and other STRUCTURES on the property. 2. — No change. 4511414 Pages: 136 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Kopp.., Clark and Reoord.r, Weld County, CO 11111 2019-2621 ORD2019-02 3. An access is or can be made available that provides for safe ingress and egress to a PUBLIC STREET/ROAD. All accesses shall be in accordance with the access requirements set forth in this Code. 4. Identification of any COUNTY, State or federal STREETS/ROADS or highways. 5. — No change. 6. A site detail of TELECOMMUNICATION ANTENNA TOWER and encumbrances/ support STRUCTURES. J. — No change. K. A statement describing the TELECOMMUNICATION FACILITY and the technical need and other reasons for its design and location; the need for the TELECOMMUNICATION FACILITY and its role in the network; and the capacity of the STRUCTURE, including the number and type of antennas it can accommodate. L. The FAA response to the Notice of Proposed Construction or Alteration (FAA Form 7460-1 or equivalent), if the facility is located near an AIRPORT or a flight path. M. A schedule for the installation of landscaping and SCREENING, if applicable. N. If landscaping/SCREENING is required by the Department of Planning Services, the applicant is responsible for landscaping, SCREENING, site maintenance and the replacement of dead plant material. O. thru Q. — No change. R. TELECOMMUNICATION FACILITY Inventory. The first application for a proposed TELECOMMUNICATION FACILITY by a provider shall include a detailed inventory of all the provider's existing and approved TELECOMMUNICATION FACILITIES within the County, all incorporated areas within the County, and one (1) mile beyond the County border, including Wyoming. S. An application fee. An additional fifty (50) percent of the application fee shall be added to the cost of the application fee if the USE is started prior to issuance of a permit. The payment of the investigation fee shall not relieve any persons from fully complying with the requirements of this Chapter, nor from any other penalties. T. and U. — No change. V. The names and addresses of any owner, operator, or user of any irrigation ditch, lateral, or pipeline that traverses the property. Amend Sec. 23-4-892. Addition of Equipment on Existing Telecommunication Tower Facilities. A. Addition of equipment onto existing TELECOMMUNICATION FACILITIES (including existing nonconforming antenna tower facilities) shall not require a new or amended Use by Special Review Permit, Site Plan Review or Zoning Permit if the TELECOMMUNICATION ANTENNA TOWER HEIGHT remains unchanged, the coverage area and communication reception for existing facilities are not impacted, and the area occupied by the TELECOMMUNICATIONS ANTENNA TOWER and accessory equipment does not expand. 4511414 Pages: 137 of 181 08/02/2019 01:53 PM R F..:$0.00 Carly Koppas, Clerk and Recorder, Weld County, CO 1111IUPJ! KIVIALNIK +4iIXIMOrr�IIV.I'ill'ArLgiii 1I II1 PAGE 137 2019-2621 ORD2019-02 B. Other additions of equipment onto existing TELECOMMUNICATION FACILITIES (including existing nonconforming antenna tower facilities) that extend the TELECOMMUNICATION ANTENNA TOWER HEIGHT and/or expand the area occupied by the TELECOMMUNICATIONS ANTENNA TOWER and/or accessory equipment shall be reviewed by the Department of Planning Services Staff to determine whether or not a new or amended Use by Special Review (USR) or a new Zoning Permit will be required. Amend Sec. 23-4-894. Subdivision Exemptions for Changes to Existing Telecommunication Tower Facilities. A new or amended Subdivision Exemption is not required if not expanding ground area of the TELECOMMUNICATIONS ANTENNA TOWER site or if not extending the TELECOMMUNICATION ANTENNA TOWER HEIGHT and the coverage area and communication reception for existing facilities are not impacted. Subdivision Exemption requirements are delineated in Chapter 24, Section VIII of the Weld County Code. Amend Sec. 23-4-895. Requirements for Noncommercial Towers. NONCOMMERCIAL TOWERS shall be subject to the following requirements: A. — No change. B. NONCOMMERCIAL TOWER components, including any and all antennas, appurtenances, cables, guy wires or structural supports, shall be subject to the front, side and rear SETBACK requirements for ACCESSORY STRUCTURES for the zone district in which the tower is located. This provision shall not apply to the tower itself. C. NONCOMMERCIAL TOWERS shall be set back from any existing or planned overhead transmission lines a distance greater than the height of the tower. D. — No change. E. No NONCOMMERCIAL TOWER may exceed the number as a USE by right of the specific Zone District without a Zoning Permit for NONCOMMERCIAL TOWERS (ZPNCT) or a Use by Special Review Permit approved by the Board of County Commissioners. F. Limiting Site Factors. NONCOMMERCIAL TOWERS are permitted in all zone districts; however, should the proposed NONCOMMERCIAL TOWER be located in one or more of the following areas, the NONCOMMERCIAL TOWER is subject to additional review and approval by the appropriate agency: 1. Within two (2) miles of any military installation. 2. Within the A -P (Airport) Overlay District described in Division 1, Article V, of this Chapter. 3. Within the GEOLOGIC HAZARD AREAS as defined by Section 23-1-90 of this Code. 4. No facilities will be permitted within: a. and b. — No change. c. All FLOODWAYS, as defined by Section 23-1-90 of this Code. G. Prior to the issuance of a land use permit for any NONCOMMERCIAL TOWER, the applicant shall provide the following: 1. and 2. — No change. 4511414 Pages: 138 of 181 08/02/2019 01:53 PM R Fee:$0,00 Carly Koppaa, Clark and Recorder, Wald County, CO 2019-2621 ORD2019-02 3. A scaled Site Plan drawing of the subject property, showing all property lines, the location of all existing STRUCTURES, and the proposed location of the tower, including the location of cables, guy wires or other structural supports. 4. The applicant shall provide evidence that additional review and approval by the appropriate agency is not required in accordance with FAR Part 77, "Objects Affecting Navigable Airspace", and/or, if the STRUCTURE is located within the A -P (Airport) Overlay District. Towers farther than twenty thousand (20,000) feet to the nearest point of the nearest runway of any AIRPORT are automatically exempt from any review. Other exemptions are based on tower distance, tower height, ground height and BUILDINGS between the tower and the AIRPORT, and length of AIRPORT runway. 5. The application fee. Investigation fee, if applicable. An additional fifty (50) percent of the application fee shall be added to the cost of the application fee if the USE is started prior to issuance of a permit. The payment of the investigation fee shall not relieve any persons from fully complying with the requirements of this Chapter, nor from any other penalties. Amend Sec. 23-4-896. Cell on Wheels (COW). Any CELL ON WHEELS (COW) facility shall be approved by the Board of County Commissioners prior to placement. COW facilities are not considered to be permanent USES and may be allowed by the Board of County Commissioners to remain on a site for a period not to exceed one (1) year. Division 11 - Semi -Trailers as Accessory Storage Amend Sec. 23-4-900. Intent and applicability. A. Where a SEMI -TRAILER as ACCESSORY storage is permitted in Article III of this Chapter upon issuance of a zoning permit, the permit may be issued by the Department of Planning Services upon a determination that: 1. No utility other than electricity shall be connected to the SEMI -TRAILER. 2. The SEMI -TRAILER will not be used on any basis for anything other than storage of goods. 3. The property upon which the SEMI -TRAILER is located is a LEGAL LOT. 4. No structural component of the SEMI -TRAILER will be removed if it would result in the SEMI -TRAILER being unmovable. 5. The SEMI -TRAILER shall not be allowed to deteriorate into a state of disrepair. Such disrepair would include, but not be limited to, a SEMI -TRAILER partially or totally damaged by fire, earthquake, wind or other natural causes, or a SEMI -TRAILER in a state of general dilapidation, deterioration or decay resulting from a lack of maintenance, vandalism or infestation with vermin or rodents. Any such SEMI -TRAILER shall be restored to and maintained in the original condition upon being placed on the site or shall be removed from the site. 6. The SEMI -TRAILER shall be removed from the property upon cessation of such USE. 7. The SEMI -TRAILER shall not in any manner be used to display SIGNS. 8. The SEMI -TRAILER is compatible with the surrounding area. 9. The SEMI -TRAILER has current registration and license plates. 4811414 Pages: 139 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO 1111 Min Nail YUMAN, 14:1( ailMiNnyill III 2019-2621 ORD2019-02 B. The zoning permit shall not be transferable by the applicant and/or owner to any successor and shall terminate automatically upon conveyance or lease of the property. The SEMI- TRAILER shall be removed from the property or a new zoning permit shall be applied for and approved prior to conveying or leasing the property. Each request for a zoning permit shall include a statement by the applicant acknowledging that the zoning permit is only for the applicant to which the zoning permit was issued. Amend Sec. 23-4-910. Semi -trailer as accessory storage permit requirements. An application for a Zoning Permit for a SEMI -TRAILER as ACCESSORY storage shall include the following: A. thru F. — No change. G. Evidence that the SEMI -TRAILER is currently licensed. H. — No change. I. A sketch plan of the site at the scale of one (1) inch represents fifty (50) feet or other suitable scale to show: 1. The proposed location of the SEMI -TRAILER, including distances from the property LOT lines and other STRUCTURES on the property. 2. Access to the SEMI -TRAILER, including distances from the property LOT lines and other STRUCTURES on the property. 3. — No change. 4. An access is or can be made available that provides for safe ingress and egress to a PUBLIC STREET/ROAD. All accesses shall be in accordance with the access requirements set forth in this Code. 5. Identification of any COUNTY, state or federal STREETS/ROADS or highways. 6. — No change. J. An application fee. An additional fifty (50) percent of the application fee shall be added to the cost of the application fee if the USE is started prior to issuance of a permit. The payment of the investigation fee shall not relieve any persons from fully complying with the requirements of this Chapter, nor from any other penalties. K. A certified list of the names, addresses and the corresponding Parcel Identification Number assigned by the County Assessor of the owners of property (the surface estate) within five hundred (500) feet of the property lines of the parcel on which the SEMI -TRAILER will be placed. The source of such list shall be the records of the County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records or from the records of the County Clerk and Recorder. If the list was assembled from the records of the County Assessor, the applicant shall certify that such list was assembled within thirty (30) days of the application submission date. Delete L. Amend Sec. 23-4-920. Referral process. Upon determination that the application submittal is complete, the Department of Planning Services shall: 4511414 Pages: 140 of 181 08/02/2019 01:53 PM R Fee:$0,00 Carly Koppel, Clerk and Recorder, Weld County, CO 1111 RIPJFKAIld 41,1r1 4MGf'dM KO 11111 2019-2621 ORD2019-02 A. Refer the application to applicable agencies listed in Appendix 23-G, as determined by the Department of Planning Services. The failure of any agency to respond within twenty-one (21) days may be deemed to be a favorable response. The reviews and comments solicited by the COUNTY are intended to provide the COUNTY with information about the proposed USE. The COUNTY may consider all such reviews and comments and may solicit additional information if such information is deemed necessary. The reviews and comments submitted by a REFERRAL agency are recommendations to the COUNTY. B. Send a request for comment in support or opposition regarding the Zoning Permit for a SEMI- TRAILER as ACCESSORY storage to those persons listed in the application as owners of property located within five hundred (500) feet of the parcel under consideration. Such notification shall be mailed, first-class, upon receipt of the application. Inadvertent errors by the applicant in supplying such list or the Department of Planning Services in sending such notice shall not create a jurisdictional defect in the permitting process, even if such error results in the failure of a surrounding property owner to receive such notification. Amend Sec. 23-4-930. Delegation of authority. A. The Board of County Commissioners delegates the authority to issue a zoning permit for a SEMI -TRAILER which otherwise requires the approval of the Board of County Commissioners through a public hearing process to the Department of Planning Services upon a determination by the Department that: 1. — No change. 2. The Department of Planning Services has sent notice and has not received signed notification of at least thirty percent (30%) of surrounding property owners within five hundred (500) feet of the subject property in opposition to the location of the SEMI -TRAILER within twenty-eight (28) days. B. If the Department of Planning Services denies the Permit, the applicant may appeal in writing to the Director of Planning Services, within ten (10) days of receipt of the denial notice. A hearing shall be scheduled with the Board of County Commissioners to provide the landowner an opportunity to appeal the denial, for good cause shown. If the landowner does not submit a written appeal, the denial becomes final. C. If the Department of Planning Services does receive signed notification that thirty percent (30%) or more of surrounding property owners within five hundred (500) feet of the subject property are in opposition to the permitting of a SEMI -TRAILER as ACCESSORY storage, the Board of County Commissioners shall review the application for compliance with the criteria set out in this Division at a regularly scheduled meeting of the Board: 1. thru 3. — No change. 4. The Department of Planning Services shall post a sign for the applicant on the property in question indicating that one (1) SEMI -TRAILER as ACCESSORY storage has been requested for the property, the meeting date and a telephone number where further information may be obtained. The sign shall be posted at least ten (10) days prior to the meeting date and evidenced with a photograph. 5. The Department of Planning Services shall arrange for legal notice of said hearing to be published in the newspaper designated by the Board of County Commissioners for publication of notices at least ten (10) days prior to the hearing. 4511414 Pages: 141 of 181 08/02/20i9 0i:53 PM R Fee:$i0.00 Carly KoPPea, Clerk and Recorder, Weld County, C 2019-2621 ORD2019-02 6. The Board of County Commissioners shall consider any testimony of surrounding property owners concerning the effects of the SEMI -TRAILER as ACCESSORY storage on the surrounding properties and its compliance with the criteria set out in this Division. Division 12 - Parking of Commercial Vehicles Amend Sec. 23-4-950. Intent and applicability. A. Where parking of a COMMERCIAL VEHICLE is permitted in Article III of this Chapter upon issuance of a zoning permit, the permit may be issued by the Department of Planning Services upon a determination that: 1. The property upon which the COMMERCIAL VEHICLE is located is a LEGAL LOT of at least one (1) acre. 2. The COMMERCIAL VEHICLE will be removed from the property upon cessation of such USE. 3. The COMMERCIAL VEHICLE is compatible with the surrounding area. 4. The COMMERCIAL VEHICLE has current registration and license plates. 5. The application complies with this Division 12. Delete B. Amend Sec. 23-4-960. Commercial vehicle permit requirements. An application for any Zoning Permit for a COMMERCIAL VEHICLE required by this Division shall include the following: A. thru E. — No change. F. A sketch plan of the site at the scale of one (1) inch represents twenty (20) feet or other suitable scale to show: 1. The proposed parking location of the COMMERCIAL VEHICLE, including distances from the property LOT lines and other STRUCTURES on the property. 2. Access to be utilized by the COMMERCIAL VEHICLE indicating whether the access is existing or proposed. 3. and 4. — No change. 5. Identification of any COUNTY, state or federal STREETS/ROADS or highways. 6. — No change. G. An application fee. An additional fifty (50) percent of the application fee shall be added to the cost of the application fee if the USE is started prior to issuance of a permit. The payment of the investigation fee shall not relieve any persons from fully complying with the requirements of this Chapter, nor from any other penalties. 4511414 Pages: 142 of 181 08/02/2019 01:53 PM R Fee:$0,00 Carly Kopp's, Clerk and Recorder, County, CO IN►�11L{IIQ�K'��r� l'AI�ihfll�tlKL��I��ri h III III PAGE 142 2019-2621 ORD2019-02 H. The requirements of this Division require the applicant to provide a certified list of the names, addresses and the corresponding Parcel Identification Number assigned by the County Assessor of the owners of property (the surface estate) within five hundred (500) feet of the property lines of the parcel on which the COMMERCIAL VEHICLE shall be placed. The source of such list shall be the records of the County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records or from the records of the County Clerk and Recorder. If the list was assembled from the records of the County Assessor, the applicant shall certify that such list was assembled within thirty (30) days of the application submission date. I. — No change. J. The COMMERCIAL VEHICLE shall be required to maintain current registration and license plates. Amend Sec. 23-4-970. Referral process. Upon determination that the application submittal is complete, the Department of Planning Services shall: A. Refer the application to applicable agencies listed in Appendix 23-G, as determined by the Department of Planning Services. The failure of any agency to respond within twenty-one (21) days may be deemed to be a favorable response. The reviews and comments solicited by the COUNTY are intended to provide the COUNTY with information about the proposed USE. The COUNTY may consider all such reviews and comments and may solicit additional information if such information is deemed necessary. The reviews and comments submitted by a REFERRAL agency are recommendations to the COUNTY. B. — No change. Amend Sec. 23-4-980. Delegation of authority. A. The Board of County Commissioners delegates the authority to issue a zoning permit for a COMMERCIAL VEHICLE which otherwise requires the approval of the Board of County Commissioners through a public hearing process to the Department of Planning Services upon a determination by the Department that: 1. — No change. 2. The Department of Planning Services has sent notice and has not received signed notification from at least thirty percent (30%) of surrounding property owners within five hundred (500) feet of the subject property in opposition to the location of the COMMERCIAL VEHICLE within twenty-eight (28) days. B. If the Department of Planning Services denies the Permit, the applicant may appeal in writing to the Director of Planning Services, within ten (10) days of receipt of the denial notice. A hearing shall be scheduled with the Board of County Commissioners to provide the landowner an opportunity to appeal the denial, for good cause shown. If the landowner does not submit a written appeal, the denial becomes final. C. If the Department of Planning Services does receive signed notification that thirty percent (30%) or more of surrounding property owners within five hundred (500) feet of the subject property are in opposition to the permitting of a COMMERCIAL VEHICLE, then the Board of County Commissioners shall review the application for compliance with the criteria set out in this Division at a regularly scheduled meeting of the Board: 1. thru 3. — No change. 4511414 Pages: 143 of 181 08/02/2019 01:53 11 R R Fsd:r$0.0 d County, CO Carly Koppas VIII Fitt14 1410 NIHAU I� �t�� M AM 5 III 1.3 2019-2621 ORD2019-02 4. The Department of Planning Services shall post a sign for the applicant on the property in question, indicating that a COMMERCIAL VEHICLE has been requested for the property, the meeting date and a telephone number where further information may be obtained. The sign shall be posted at least ten (10) days prior to the meeting date and evidenced with a photograph. 5. The Department of Planning Services shall arrange for legal notice of said hearing to be published in the newspaper designated by the Board of County Commissioners for publication of notices at least ten (10) days prior to the hearing. 6. The Board of County Commissioners shall consider any testimony of surrounding property owners concerning the effects of the COMMERCIAL VEHICLE on the surrounding properties and its compliance with the criteria set out in this Division. Division 13 - Home Occupation Permits Amend Sec. 23-4-990. Home Occupation permit requirements. A. Intent. A HOME OCCUPATION Zoning Permit shall be obtained for any HOME OCCUPATION falling within the definition of a HOME OCCUPATION operation. The Board of County Commissioners delegates the authority and responsibility for processing and approving the zoning permit to the Department of Planning Services. The Department of Planning Services shall also have the responsibility of ensuring that all application submittal requirements are met prior to initiating any official action. B. Application requirements. An application for any zoning permit for a HOME OCCUPATION required by this Division shall include the following: 1. — No change. 2. Name, address and telephone number of the owner of the land if different from applicant. 3. A copy of the most recent deed to the property and, if the applicant is not the property owner, evidence of interest in the subject land held by the applicant, such as a lease agreement or similar evidence. 4. REPEALED. (Combined with item 3 above.) 5. — No change. 6. The application for a HOME OCCUPATION — CLASS II shall include a sketch plan of the site at the scale of one (1) inch represents twenty (20) feet, or other suitable scale, to show: a. The proposed parking location of any COMMERCIAL VEHICLE (if applicable), including distances from the property LOT lines and other STRUCTURES on the property. Notwithstanding any section of this Code to the contrary, a CLASS II HOME OCCUPATION may include up to two (2) associated COMMERCIAL VEHICLES. b. Access to be utilized, indicating whether the access is existing or proposed. c. — No change. d. REPEALED. (See number 13 below.) e. Identification of any COUNTY, state or federal STREETS/ROADS or highways. f. — No change. 4511414 Paws: 144 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Koppee, Clerk and Recorder, Weld County, CO VIII l ��J�Ll+rtiro�r�r�■�i ��I F� ��V n41411111 2019-2621 ORD2019-02 g. The STRUCTURES in which the HOME OCCUPATION shall be operated shall be appropriately labeled. The total area of USE shall also be delineated. 7. An application fee. An additional fifty (50) percent of the application fee shall be added to the cost of the application fee if the USE is started prior to issuance of a permit. The payment of the investigation fee shall not relieve any persons from fully complying with the requirements of this Chapter, nor from any other penalties. 8. The application for a HOME OCCUPATION — CLASS II shall include a certified list of the names, addresses and the corresponding Parcel Identification Number assigned by the County Assessor of the owners of property (the surface estate) within five hundred (500) feet of the property lines of the parcel. The source of such list shall be the records of the County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records or from the records of the County Clerk and Recorder. If the list was assembled from the records of the County Assessor, the applicant shall certify that such list was assembled within thirty (30) days of the application submission date. Inadvertent errors by the applicant in supplying such list, or the Department of Planning Services in sending such notice, shall not create a jurisdictional defect in the permit process, even if such error results in the failure of a surrounding property owner to receive such notification. 9. Whether the property is situated within a SUBDIVISION regulated by a Homeowners Association (HOA). If applicable, contact information shall be provided. 10. — No change. 11. Evidence that a water supply of sufficient quality, quantity and dependability will be/is available to serve the proposed LOT and USE, if applicable. A letter from a water district or municipality or a well permit are examples of evidence for domestic use. 12. A statement explaining that the property has or will have adequate means for the disposal of sewage in compliance with the requirements of the UNDERLYING ZONING DISTRICT and the Department of Public Health and Environment, if applicable. An existing septic system permit or a copy of a letter from a sanitation sewer district indicating existing service or availability of sewage disposal to each proposed LOT are examples of evidence for domestic use. 13. A Weld County Access Permit. 14. A Statement of Taxes from the County Treasurer showing no delinquent property taxes for the area referred to in the application materials. 15. Questionnaire provided by the Department of Planning Services. C. Duties of Department of Planning Services and Board of County Commissioners for a CLASS II HOME OCCUPATION zoning permit. 1. Once a COMPLETE APPLICATION is submitted for a CLASS II HOME OCCUPATION, the Department of Planning Services shall refer the application to the applicable agencies listed in Appendix 23-G, as determined by the Department of Planning Services. The failure of any agency to respond within twenty-eight (28) days may be deemed a favorable response. All REFERRAL agency review comments are considered recommendations to the COUNTY. The authority and responsibility for approval and denial of a zoning permit rests with the COUNTY. 4811414 Pages: 148 of 181 08/02/2019 01:53 PM R Fe.:$0.00 Carly Koppel, Clark and Reoorder, Wald County, CO 1111 WMPII W+C ll% 114 5III 145 2019-2621 ORD2019-02 2. The Department of Planning Services shall send notice, mailed first-class, to owners of LOTS within five hundred (500) feet of the subject property notifying them of the application and their opportunity to object to the issuance of the zoning permit, which shall be submitted by returning the signed form sent by the Department of Planning Services within twenty-eight (28) days. 3. If the Department of Planning Services receives objections from at least thirty (30) percent of those notified within twenty-eight (28) days, or if the Department of Planning Services determines the application does not meet all applicable criteria and requirements, the zoning permit shall be denied by the Department of Planning Services. 4. The Department of Planning Services shall notify the applicant of the objections and the denial of the zoning permit. The Department of Planning Services shall also provide the applicant comments received from REFERRAL agencies. The applicant may appeal in writing to the Department of Planning Services within ten (10) days of receipt of the denial notice. If the applicant does not submit a written appeal within said ten (10) days, the denial shall be final. If appealed, the following process shall be followed: a. A public hearing shall be scheduled before the Board of County Commissioners and staff shall send notice, mailed first-class, to the applicant and owners of LOTS within five hundred (500) feet of the subject property at least ten (10) days prior to the hearing. The Department of Planning Services shall also notify the REFERRAL agencies with comments of the hearing. b. The Department of Planning Services shall post a sign on the property in question indicating a zoning permit has been requested for the property, the hearing date, and telephone number where further information may be obtained. The sign shall be posted at least ten (10) days prior to the hearing date and evidenced with a photograph. c. The Department of Planning Services shall arrange for legal notice of said hearing to be published in the newspaper designated by the Board of County Commissioners for publication of notices at least ten (10) days prior to the hearing. d. The Board of County Commissioners shall consider any testimony of owners of surrounding property and REFERRAL agencies concerning the effects of the zoning permit on the NEIGHBORHOOD and its compliance with the applicable criteria set out in this Code. e. Following the public hearing, the Board of County Commissioners shall pass a resolution affirming its decision as to whether to approve or deny the zoning permit. The decision of the Board shall be final. f. Notice is not required by state statute and is provided as a courtesy to surrounding property owners. Inadvertent errors by the applicant in supplying such list or the Department of Planning Services in sending such notice shall not create a jurisdictional defect in the permit process even if such error results in the failure of a surrounding property owner to receive such notification. 4511414 08/02/2019 Pages:l 01:: 53PM RFe46 of e:$0.00 e $ .00 Carly Kappa', Clerk and Recorder, Weld County, CO VIIIl��.rtIl�iLtiyr��1��«��IfI�Y��di tt■I:W�h 5 II PAGE 146 2019-2621 ORD2019-02 5. The approval of the zoning permit may be conditioned or restricted to carry out the intent of this Chapter or to mitigate impacts or address concerns of REFERRAL agencies or neighboring property owners. Conditions of approval shall be met prior to recording the permit/agreement, and restrictions may be enforced by means of conditions in the permit/agreement. If approved, the Department of Planning Services shall prepare a permit/agreement. The permit/agreement shall address all aspects of the application, including but not limited to conditions or restrictions and the standards contained in this Article. Delete 6 and 7. D. Approval or denial of the zoning permit for a HOME OCCUPATION shall be based on the following criteria: 1. through 3. — No change. 4. The HOME OCCUPATION shall not create any negative impacts to the public health, safety and general welfare of the neighboring property owners, such as little or no offensive noise, vibration, smoke, dust, odors, lighting, traffic congestion, trash accumulation, heat, glare or electrical interference, or other hazard or nuisance noticeable off the LOT. 5. The proposal is consistent with the definition in Section 23-1-90 of this Chapter. 6. REPEALED. 7. The proposed zoning permit complies with this Division 13 of this Article. 8. An access is or can be made available that provides for safe ingress and egress to a PUBLIC STREET/ROAD. All accesses shall be in accordance with the access requirements set forth in this Code. E. A zoning permit for a HOME OCCUPATION shall not be transferable by the applicant and/or owner to any successor and shall automatically expire upon conveyance or lease of the property. F. A CLASS I HOME OCCUPATION shall be conducted by the members of the LIVING UNIT of the DWELLING UNIT. A CLASS II HOME OCCUPATION shall be conducted by the members of the LIVING UNIT of the DWELLING UNIT plus no more than two (2) external employees. G. There shall only be incidental sales of stocks, supplies or products conducted on the premises. H. Signage for a CLASS I HOME OCCUPATION may consist of a maximum of one (1) nonilluminated SIGN no more than one (1) square foot in size which shall be attached to the face of the DWELLING UNIT. Signage for a CLASS II HOME OCCUPATION may consist of a maximum of one (1) nonilluminated SIGN no more than nine (9) square feet in size which shall be attached to the face of the DWELLING UNIT. I. A CLASS I HOME OCCUPATION shall not be accessible by the public, other than for a FAMILY CHILD CARE HOME. Hours of operation for public access shall be limited to between 7:00 a.m. and 7:00 p.m. for a CLASS II HOME OCCUPATION. J. A CLASS II HOME OCCUPATION shall not produce traffic volumes of more than sixteen (16) average daily trips (eight (8) round trips), excluding the traffic produced by the DWELLING UNIT. 4511414 Pages: 147 of 181 0.00 08/02/2019 01:83 PM R FrdSr u��W„l ,1111 Carly Koppel, g,�r yr�1I4F1 l4al ��Ni1 I iti+�'c� 1 �IIIt��R� 147 2019-2621 ORD2019-02 K. HOME OCCUPATIONS shall be conducted primarily indoors. A HOME OCCUPATION may utilize up to fifty (50) percent of the GROSS FLOOR AREA of a DWELLING UNIT and up to fifty (50) percent of the GROSS FLOOR AREA of ACCESSORY BUILDINGS on the property. L. There shall be no OUTDOOR STORAGE, display or sales of materials, goods, supplies or equipment related to the operation of such HOME OCCUPATION, nor of any highly explosive or combustible materials. Division 14 - Cultivation, Manufacture, Distribution and Sale of Medical or Recreational Marijuana or Marijuana -Infused Products Refer to Chapter 12, Article VII, of the Weld County Code. Division 15 - Solar Facility Amend Sec. 23-4-1030. Solar facility. A. The staff, Planning Commission and Board of County Commissioners shall consider the following criteria in making their determination in approving or denying a permit for a Solar Facility in addition to those criteria enumerated in Chapter 23, Article II, Division 4 and its impact on prime agricultural land which is defined as soils with agricultural capability classifications of I, II and III as indicated on maps completed by the U.S.D.A. Natural Resources Conservation Service. B. — No change. C. Landscaping is extremely important for enhancing the quality of DEVELOPMENT in the area. Trees, shrubs and other plantings add greatly to the aesthetic appeal while reducing glare. As no single landscaping plan can be prescribed for all DEVELOPMENTS due to differing land features, topography and soils, these guidelines encourage flexible and creative landscape designs. Landscaping/SCREENING shall include, at a minimum, decorative fencing, berming, and/or vegetation such that the facility is aesthetically pleasing as viewed from ADJACENT properties and RIGHTS -OF -WAY. D. All reasonable alternatives to the proposed location have been adequately assessed, and the proposed action is consistent with the best interests of the people of the COUNTY and represents a balanced USE of resources in the affected area. E. — No change. F. No OUTDOOR STORAGE of any materials and equipment including, but not limited to, solar panels and support STRUCTURES not in operation will be allowed. G. No equipment associated with the solar facility shall be located nearer than thirty (30) feet to the boundary of ADJACENT properties, irrigation ditches and/or RIGHTS -OF -WAY. The Board of County Commissioners may set a greater distance than mentioned above when, in its opinion, it is justified. H. No change. Division 16 - Cargo containers Sec. 23-4-1100. Cargo containers used for storage, an office, a dwelling or any habitable use. A CARGO CONTAINER shall require the issuance of a building permit and compliance with all applicable provisions of this Code, including Article V of this Chapter. The following conditions shall apply: 4511414 Pages: 148 of 181 08/02/2019 01:53 PM R Fee:80.00 Carly Koppes, Clark and Recorder, Weld County, CO lIII riding ti1� i l IN frill II"AIN�4�h4� 2019-2621 ORD2019-02 A. Electricity is the only utility that shall be connected to a CARGO CONTAINER used solely for storage. CARGO CONTAINERS designed and retrofitted for habitation may be connected to wet and dry utilities such as water, sewer and electricity. B. A CARGO CONTAINER shall not be allowed to fall into a state of disrepair. Such disrepair may include a CARGO CONTAINER that is partially or totally damaged by fire, earthquake, wind or other natural causes, or is in a state of general dilapidation, deterioration or decay resulting from a lack of maintenance, vandalism or infestation with vermin or rodents. Any such CARGO CONTAINER shall be restored to, and maintained in, the original condition it was in at the time it was placed on the site as established by the original inspection by the Department of Building Inspection, or it shall be removed from the site. C. CARGO CONTAINERS shall not be stacked on top of each other. D. A CARGO CONTAINER shall not be used in any manner to display a SIGN. Division 17 — Zoning Permits for Certain Uses in the Agricultural Zone District Sec. 23-4-1200. Uses requiring zoning permits in the agricultural zone district. A. A zoning permit for USES listed in Article III of this Chapter as requiring issuance of a zoning permit under this Division 17 may be approved if the USE complies with the criteria herein. The Board of County Commissioners delegates the authority and responsibility for processing and approving these zoning permits to the Department of Planning Services as long as the application meets the criteria of this section and any other applicable requirements within this Chapter 23. If the Director of Planning Services determines the application does not provide sufficient evidence showing the standards set forth in this Division 17 will be met, he or she will forward the application to the Board of County Commissioners for its review and consideration following a public hearing. Criteria for approval include: 1. The subject property is a LEGAL LOT. 2. The application complies or will comply with the conditions in Section 23-4-1240 below. 3. The proposed USE is compatible with applicable provisions of Chapter 22 of this Code. 4. Adequate water and sewage disposal facilities, as applicable, shall be available. 5. Adequate fire protection measures are available on the site for the STRUCTURES and facilities proposed. 6. The proposed USE is compatible with the character of the NEIGHBORHOOD. 7. The proposed USE is compatible with the general health, safety and welfare of the inhabitants of the area and the COUNTY. 8. The application complies with any requirements the Director of Planning Services deems necessary in order to mitigate adverse effects of the USE on the NEIGHBORHOOD. 9. The proposed USE has adequate access and STREET/ROAD or highway facilities providing access to the property are adequate in size to meet the requirements of the proposed USE. 10. In those instances where the following characteristics are applicable to the request, the applicant has demonstrated compliance with the applicable standards: a. If the proposed USE is located within any OVERLAY ZONING DISTRICT or SPECIAL FLOOD HAZARD AREA identified by maps officially adopted by the COUNTY, the applicant shall demonstrate compliance with the COUNTY regulations concerning OVERLAY ZONING DISTRICTS and SPECIAL FLOOD HAZARD AREAS. "r 149 4511414 Pages: 149 of 181 08/02/2019 01:53 PM R Fee:$0.00 2019-2621 Car1Y Koppes, Clerk and Recorder, Weld County, CO ORD2019-02 b. The proposed USE of any area known to contain a COMMERCIAL MINERAL DEPOSIT shall not interfere with the present or future extraction of such deposit by an EXTRACTOR to any greater extent than under the present USE of the property. c. If soil conditions on the site are such that they present moderate or severe limitations to the construction of STRUCTURES or facilities proposed for the site, the applicant shall demonstrate that such limitations can be overcome and that the limitations will be addressed by the applicant and/or the applicant's successors or assigns prior to the DEVELOPMENT of the property. B. A preapplication conference with the Department of Planning Services may be required. C. If approved, the Zoning Permit Plan shall be recorded by the Department of Planning Services prior to commencement of the USE or construction. The applicant shall pay the recording fee. If the required documents have not been recorded within ninety (90) days from the date of approval or if an applicant is unwilling or unable to meet any of the conditions within ninety (90) days of approval, the Director of Planning Services may refer the application to the Board of County Commissioners, which may revoke the zoning permit following a public hearing. The applicant shall be notified of the public hearing at least ten (10) days prior to the hearing. Prior to said hearing, the Director of Planning Services may grant a one-time extension of up to ninety (90) days, for good cause shown, upon a written request by the applicant. Before this extension has expired, the applicant may seek a further extension from the Board of County Commissioners by written request to the Director of Planning. If the Board of County Commissioners denies the extension or if the conditions are not met and the required documents recorded by the date specified by the Board, the zoning permit approval shall be voided, and the application denied. Sec. 23-4-1210. Operation standards. The applicant shall demonstrate conformance with the following operation standards in the zoning permit application to the extent that the standards affect location, layout and design of the USE prior to construction and operation. Once operational, the operation of the USE permitted shall conform to these standards. A. The operation of the USES shall comply with the noise standards enumerated in Section 25-12-101, et seq., C.R.S. B. The operation of the USES shall comply with the air quality regulations promulgated by the Colorado Air Quality Control Commission. C. The operation of the USES shall comply with the water quality regulations promulgated by the Colorado Water Quality Control Commission. D. The USES shall comply with the following lighting standards: 1. Sources of light, including light from high -temperature processes such as combustion or welding, shall be shielded so that light rays will not shine directly onto ADJACENT properties where such would cause a nuisance or interfere with the USE on the ADJACENT properties; and 2. Neither direct nor reflected light from any light source may create a traffic hazard to operators of motor vehicles on PUBLIC or private STREETS/ROADS and no colored lights may be used which may be confused with or construed as traffic control devices. E. The USES shall not emit heat so as to raise the temperature of the air more than five (5) degrees Fahrenheit at or beyond the LOT line. 4511414 Paws: 150 of 181 08/02/2019 01:53 PM R Fee:$0,00 Carly Koppas, Clerk and Recorder, Wald County, CO VIII I�r !J N � XIVarrYiE 11111 2019-2621 ORD2019-02 F. Property shall be maintained in such a manner that grasses and weeds are not permitted to grow taller than twelve (12) inches. In no event shall the property owner allow the growth of NOXIOUS WEEDS. G. Up to nine (9) COMMERCIAL VEHICLES associated with the zoning permit USE shall be allowed to be parked on -site. Sec. 23-4-1220. Application requirements. The following shall be submitted as a part of a zoning permit application: A. An application on a form supplied by the Department of Planning Services. The application shall include the following: 1 Parcel number(s) of the subject property. 2. The name, address, email and telephone number of the applicant and property owner, if different from the applicant. 3. Signature of the applicant. If the applicant is not the owner of the property, an authorization letter signed by the property owner shall be included. B. A summary statement of the project including, as applicable: 1. A description of the proposed USE. 2. Proposed hours of operation. 3. The number of employees associated with the USE, and whether they are residents of the property. 4. Anticipated traffic. 5. A description of anticipated public events, if any, including anticipated number of attendees. C. A Zoning Permit Plan of the property, a draft of which shall be submitted in electronic (.pdf) format and if approved shall be submitted on Mylar or other drafting media approved by the Department of Planning Services. The Zoning Permit Plan shall include, as applicable: 1. Existing and proposed STRUCTURES and approximate distances to the nearest property lines. All STRUCTURES to be used in conjunction with the zoning permit shall meet current SETBACKS and OFFSETS. 2. Existing and proposed access. Access shall comply with the requirements of this Code. 3. Existing and proposed parking areas, including surface material, number, and dimensions of spaces and drive aisles. Parking shall comply with Article IV, Division 1, of this Chapter as applicable. 4. Existing and proposed landscaping and SCREENING. Buffering and/or SCREENING may be required to mitigate the effects of the zoning permit on ADJACENT properties. Buffering and/or SCREENING may be accomplished through a combination of berming, landscaping and fencing. 5. Existing and proposed signage. All signage shall comply with Article IV, Division 2, of this Chapter as applicable. 6. Other existing and proposed improvements. 7. The Zoning Permit Plan shall bear the following certifications: 4511414 Pages: 151 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Koppaa, Clerk and Recorder, Weld County, CO VAN MAIO III III 51 2019-2621 ORD2019-02 a. Property owner's certificate: I, the undersigned, certify that the uses, buildings and structures located on this Zoning Permit Plan are designed and will be constructed and operated in accordance with the development standards hereon and the district requirements for the Zone District as stated in Chapter 23 of the Weld County Code. I understand failure to comply with the development standards, applicable provisions of County Code, and/or any conditions of approval could result in the County initiating a compliance action against me or my successors. Signature of Property Owner The foregoing instrument was subscribed and sworn to be before me this , by WITNESS my hand and official seal. My commission expires: Notary Public b. Department of Planning Services' Administrative Review Certificate: This Zoning Permit Plan is accepted and approved for filing. day of Director of Planning Services The foregoing certificate was acknowledged before me this day of , , by WITNESS my hand and official seal. My commission expires: Notary Public D. Evidence that a water supply of sufficient quality, quantity and dependability is or will be available to serve the proposed USE, if applicable. A letter, permit, or bill from a water district, municipality, or the Division of Water Resources are examples of evidence. E. Evidence that adequate means for the disposal of sewage for the proposed USE is or will be available in compliance with the requirements of the zone district and the Department of Public Health and Environment, if applicable. F. A copy of a deed or legal instrument identifying the applicant's interest in the property under consideration. G. A certified list of the names, addresses and the corresponding Parcel Identification Numbers assigned by the County Assessor of the owners of LOTS within five hundred (500) feet of the property subject to the application. The source of such list shall be the records of the County Assessor, or an ownership update from a title or abstract company or attorney derived from such records, or from the records of the County Clerk and Recorder. If the list was assembled from the records of the County Assessor, the applicant shall certify that such list was assembled within thirty (30) days of the application submission date. 4611414 Paws: 152 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Wald County, CO VIII KIriEZIK IOhNINKIMMK4 : re ii4 Bill 2019-2621 ORD2019-02 H. A Statement of Taxes from the County Treasurer showing no delinquent property taxes for the property under consideration. I. The names and addresses of any owner, operator, or user of any irrigation ditch, lateral, or pipeline that traverses the property. J. The application fee. An additional fifty (50) percent of the application fee shall be added to the cost of the application fee if the USE is started prior to issuance of a permit. The payment of the investigation fee shall not relieve any persons from fully complying with the requirements of this Chapter, nor from any other penalties. K. The applicant shall provide a narrative or preliminary drainage study in accordance with the stormwater drainage criteria requirements of this Code. L. Any off -site and on -site Improvements Agreement shall be made in conformance with the County policy on collateral for improvements. Sec. 23-4-1230. Notification and appeal of denial. A. Once an application that is subject of this Division 17 is deemed complete by the Department of Planning Services, the Department of Planning Services shall send the application to applicable agencies listed in Appendix 23-G, as determined by the Department of Planning Services. The failure of any agency to respond within twenty-eight (28) days may be deemed a favorable response. All REFERRAL agency review comments are considered recommendations. The authority and responsibility for approval and denial of a zoning permit rests with the Department of Planning Services. B. The Department of Planning Services shall send notice, mailed first-class, to owners of LOTS within five hundred (500) feet of the subject property notifying them of the application and their opportunity to object to the issuance of the zoning permit, which shall be submitted by returning the signed form sent by the Department of Planning Services within twenty-eight (28) days. C. Within sixty (60) days of receiving a COMPLETE APPLICATION, the Department of Planning Services shall provide a written report to the applicant and provide the applicant comments received from REFERRAL agencies and any objections received from the property owners notified. The applicant shall be given the opportunity to revise the application to address the concerns raised. If the Director of Planning Services is satisfied with the applicant's efforts to address all concerns, the Director of Planning Services may approve the zoning permit. If the applicant is unwilling or unable to address all concerns to the satisfaction of the Director of Planning Services, the Director of Planning Services shall schedule a public hearing before the Board of County Commissioners for its review and decision following a public hearing. 1. If scheduled for a public hearing before the Board of County Commissioners, staff shall send notice, mailed first-class, to the applicant and owners of LOTS within five hundred (500) feet of the subject property at least ten (10) days prior to the hearing. REFERRAL agencies with comments shall also be notified at least ten (10) days prior to the hearing. 2. The Department of Planning Services shall post a sign on the subject property indicating a hearing has been scheduled, the hearing date, and telephone number where further information may be obtained. The sign shall be posted at least ten (10) days prior to the hearing date and evidenced with a photograph. 3. The Department of Planning Services shall arrange for legal notice of said hearing to be published in the newspaper designated by the Board of County Commissioners for publication of notices at least ten (10) days prior to the hearing. 4511414 Pages: 153 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Koppel, Clerk and Reoordar, Weld County, CO r1tl M 1 kirdilA Bill 153 2019-2621 ORD2019-02 4. The Board of County Commissioners shall hold a public hearing and consider testimony of owners of surrounding property and REFERRAL agencies concerning the effects of the zoning permit on the NEIGHBORHOOD and its compliance with the applicable criteria set out in this Code. 5. Following the public hearing, the Board of County Commissioners shall adopt a resolution affirming its decision as to whether to approve or deny the zoning permit. The decision of the Board shall be final. 6. Notice is not required by state statute and is provided as a courtesy to surrounding property owners. Inadvertent errors by the applicant in supplying such list or the Department of Planning Services in sending such notice shall not create a jurisdictional defect in the permit process even if such error results in the failure of a surrounding property owner to receive such notification. Sec. 23-4-1240. Conditions, enforcement, and revocation of zoning permit. A. USES approved through this Division 17 shall also be subject to additional requirements contained in Article V of this Chapter as applicable. B. No USE permitted by zoning permit shall create any unreasonable adverse impacts to the public health, safety and general welfare of the owners of ADJACENT LOTS, such as offensive noise, vibration, smoke, dust, odors, lighting, traffic congestion, trash accumulation, heat, glare, electrical interference, or other hazard or nuisance noticeable beyond the subject property's boundaries. C. The property owner shall maintain compliance with all applicable local, state and federal regulations. D. The Department of Planning Services may place conditions on the issuance of the zoning permit to ensure compliance with applicable provisions of this Code or to mitigate negative impacts of the proposed USE. E. Construction or USE pursuant to issuance of a zoning permit shall be commenced within three (3) years from the date of approval of the permit. A one-time extension of one hundred twenty (120) days may be granted by the Department of Planning Services for good cause shown by written request. Before this extension has expired, the applicant may seek a further extension from the Board of County Commissioners by written request to the Director of Planning Services. If the Board of County Commissioners denies the extension or if construction has not commenced by the date specified by the Board, the zoning permit approval shall be voided, and the application denied. F. Any zoning permit may be revoked by the Board of County Commissioners for VIOLATION of any of the terms of this Division 17 or conditions of approval of the zoning permit following a Probable Cause Hearing as outlined in Section 2-4-40 of this Code. If the zoning permit is revoked, the property owner shall cease operation of the USE immediately. Continued operation of the USE after a zoning permit has been revoked shall be a VIOLATION of this Code. G. The Director of Planning Services may revoke a zoning permit if the USE is discontinued for a period of three (3) consecutive years. Should the Department of Planning Services observe or receive credible evidence of such a discontinuance, the Department shall notify the property owner by first-class mail. If the property owner objects to the revocation of the zoning permit within thirty (30) days, the Director of Planning Services may schedule a public hearing before the Board of County Commissioners for its review and decision. The applicant shall be notified of the public hearing at least ten (10) days prior to the hearing. DAr-I IL A 4511414 Pages: 154 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Koppel, Clark and Recorder, Wald County, CO 2019-2621 ORD2019-02 lIII��T�Prh��r�r�.ti�1G�Ml�l�1�Riik 11111 H. The Department of Planning Services may permit minor amendments to an approved zoning permit without a complete application for a new zoning permit, notification to surrounding property owners, or REFERRAL to agencies. The applicant shall provide a written summary of the proposed amendment(s) and any other documentation required by the Department of Planning Services. An increase of ten (10) percent or more in impervious surface area or an increase of ten (10) percent or more in traffic shall not be considered a minor amendment. If the Director of Planning Services determines the proposed amendment does not qualify as a minor amendment, the proposed amendment shall require a new zoning permit. I. Any USE listed in Article III of this Chapter as requiring issuance of a zoning permit under this Division 17, but which was in lawful existence at the time of adoption of this Division 17, may continue without obtaining a zoning permit so long as the USE is not discontinued for a period of three (3) consecutive years. The Department of Planning Services may permit minor amendments to such USE in accordance with the preceding Subsection. ARTICLE V - Overlay Districts Division 1 - A -P (Airport) Overlay District Amend Sec. 23-5-10. Definitions. For the purposes of this Article V, certain terms or words used herein shall be interpreted as defined in Section 23-1-90. Amend Sec. 23-5-20. Greeley -Weld County Airport zones. In order to carry out the provisions of this Chapter, there are hereby created and established certain zones which include all of the land lying beneath the APPROACH SURFACES, TRANSITIONAL SURFACES, HORIZONTAL SURFACES and CONICAL SURFACES as they apply to the GREELEY-WELD COUNTY AIRPORT. Such zones are shown on the GREELEY-WELD COUNTY AIRPORT Airspace (FAR Part 77 Surface), being Exhibit IV of the document entitled, "Airport Master Plan," dated December 15, 2003, a copy of which is on file at the Clerk to the Board's office and the Department of Planning Services. An area located in more than one (1) of the following zones is considered to be only in the zone with the more restrictive HEIGHT limitation. The various zones are hereby established and defined as follows: A. Utility Runway Visual Approach Zone: The inner edge of this APPROACH ZONE coincides with the width of the PRIMARY SURFACE and is two hundred fifty (250) feet wide. The APPROACH ZONE expands outward uniformly to a width of one thousand two hundred fifty (1,250) feet at a horizontal distance of five thousand (5,000) feet from the PRIMARY SURFACE. Its centerline is the continuation of the centerline of the RUNWAY. B. Runway Larger Than Utility Visual Approach Zone: The inner edge of this APPROACH ZONE coincides with the width of the PRIMARY SURFACE and is one thousand (1,000) feet wide. The APPROACH ZONE expands outward uniformly to a width of one thousand five hundred (1,500) feet at a horizontal distance of five thousand (5,000) feet from the PRIMARY SURFACE. Its centerline is the continuation of the centerline of the RUNWAY. C. Precision Instrument Runway Approach Zone: The inner edge of this APPROACH ZONE coincides with the width of the PRIMARY SURFACE and is one thousand (1,000) feet wide. The APPROACH ZONE expands outward uniformly to a width of sixteen thousand (16,000) feet at a horizontal distance of fifty thousand (50,000) feet from the PRIMARY SURFACE. Its centerline is the continuation of the centerline of the RUNWAY. D. Transitional Zone: The TRANSITIONAL ZONES are the areas beneath the TRANSITIONAL SURFACES. 4511414 2/ 2019 01:53 9 es: 155 of 181 PM R Fee $0.00 08/ Carly )(copes, Clerk and Recorder, Weld County, CO 1111 rd141lK4Illi riteiigVil11INIANIZOlY�ti Bill 155 2019-2621 ORD2019-02 E. Horizontal Zone: The HORIZONTAL ZONE is established by swinging arcs of five thousand (5,000) feet radii for all RUNWAYS designated utility or visual and ten thousand (10,000) feet for all others from the center of each end of the PRIMARY SURFACE of each RUNWAY and connecting the adjacent arcs by drawing lines tangent to those arcs. The HORIZONTAL ZONE does not include the APPROACH and TRANSITIONAL ZONES. F. Conical Zone: The CONICAL ZONE is established as the area that commences at the periphery of the HORIZONTAL ZONE and extends outward therefrom a horizontal distance of four thousand (4,000) feet. Amend Sec. 23-5-30. Airport Zone height limitations. Except as otherwise provided in this Chapter, no STRUCTURE shall be erected, altered or maintained, and no TREE shall be allowed to grow, in any Greeley -Weld County Airport Zone described in Section 23-5-20 to a HEIGHT in excess of the applicable HEIGHT herein established for such zone. Such applicable HEIGHT limitations are hereby established for each of the zones in question as follows: A. Utility Runway Visual Approach Zone: Slopes of twenty (20) feet outward for each foot upward, beginning at the end of and at the same elevation as the PRIMARY SURFACE and extending to a horizontal distance of five thousand (5,000) feet along the extended RUNWAY centerline. B. Runway Larger Than Utility Visual Approach Zone: Slopes twenty (20) feet outward for each foot upward beginning at the end of and at the same elevation as the PRIMARY SURFACE and extending to a horizontal distance of five thousand (5,000) feet along the extended RUNWAY centerline. C. Precision Instrument Runway Approach Zone: Slopes fifty (50) feet outward for each foot upward beginning at the end of and at the same elevation as the PRIMARY SURFACE and extending to a horizontal distance of ten thousand (10,000) feet along the extended RUNWAY centerline; thence slopes upward forty (40) feet horizontally for each foot vertically to an additional horizontal distance of forty thousand (40,000) feet along the extended RUNWAY centerline. D. Transitional Zone: Slopes seven (7) feet outward for each foot upward beginning at the sides of, and at the same elevation as, the PRIMARY SURFACE and the APPROACH SURFACE, and extending to a HEIGHT of one hundred fifty (150) feet above the AIRPORT ELEVATION which is four thousand six hundred ninety (4,690) feet above MEAN SEA LEVEL. In addition to the foregoing, there are established HEIGHT limits sloping seven (7) feet outward for each foot upward beginning at the sides of and the same elevation as the APPROACH SURFACE, and extending to where they intersect the CONICAL SURFACE. Where the PRECISION INSTRUMENT RUNWAY APPROACH ZONE projects beyond the CONICAL ZONE, there are established HEIGHT limits sloping seven (7) feet outward for each foot upward beginning at the sides of and the same elevation as the APPROACH SURFACE, and extending a horizontal distance of five thousand (5,000) feet measured at ninety -degree angles to the extended RUNWAY centerline. E. — No change. F. Conical Zone: Slopes twenty (20) feet outward for each one (1) foot upward beginning at the periphery of the HORIZONTAL ZONE and at one hundred fifty (150) feet above the AIRPORT ELEVATION and extending to a HEIGHT of three hundred fifty (350) feet above the AIRPORT ELEVATION. 4511414 Pages: 138 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly 'Comm, Clerk CO VIII AM i��iIPFi��d li,��a��Weld l W111 1111 III 2019-2621 ORD2019-02 Amend Sec. 23-5-40. Use restriction. Notwithstanding any other provisions of this Division, no USE may be made of land or water within any zone established by this Division in such a manner as to create electrical interference with navigational signals or radio communication between the GREELEY-WELD COUNTY AIRPORT and aircraft, make it difficult for pilots to distinguish between GREELEY-WELD COUNTY AIRPORT lights and others, result in glare in the eyes of pilots using the GREELEY-WELD COUNTY AIRPORT, impair visibility in the vicinity of the GREELEY-WELD COUNTY AIRPORT, create bird strike hazards or otherwise in any way endanger or interfere with the landing, takeoff or maneuvering of aircraft intending to use the GREELEY-WELD COUNTY AIRPORT. Amend Sec. 23-5-50. Nonconforming use. A. Regulations not retroactive. The regulations prescribed in this Division shall not be construed to require the removal, lowering or other change or alteration of any STRUCTURE or TREE not conforming to the regulations as the effective date of the ordinance codified herein, or otherwise interfere with the continuance of a NONCONFORMING USE. Nothing contained herein shall require any change in the construction, alteration or intended USE of any STRUCTURE, the construction or alteration of which was begun prior to the effective date of the ordinance codified herein, and is diligently prosecuted. B. Marking and lighting: Notwithstanding the preceding provision of this Section, the owner of any existing NONCONFORMING STRUCTURE or TREE is hereby required to permit the installation, operation and maintenance thereon of such markers and lights as shall be deemed necessary by the Greeley -Weld County Airport Authority to indicate to the operators of aircraft in the vicinity of the GREELEY-WELD COUNTY AIRPORT the presence of such OBSTRUCTION. Such markers and lights shall be installed, operated and maintained at the expense of the Greeley -Weld County Airport Authority. Amend Sec. 23-5-60. Variances. Any person desiring to erect or increase the HEIGHT of any STRUCTURE, permit the growth of any TREE or USE property not in accordance with the regulations prescribed in this Division may apply to the Board of Adjustment for a VARIANCE from such regulations under Section 23-6-10.A. The application for VARIANCE shall be accompanied by a determination from the Federal Aviation Administration as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. Division 2 - Geologic Hazard Overlay District Amend Sec. 23-5-110. Purpose. The purpose and intent of the Geologic Hazard Overlay District regulations shall be to: A. Minimize hazards to public health and safety or to property in GEOLOGIC HAZARD AREAS. B. Promote safe USE of GEOLOGIC HAZARD AREAS. C. — No change. D. Protect the public from the burden of excessive financial expenditures caused by damage from GEOLOGIC HAZARDS by regulating land USES within GEOLOGIC HAZARD AREAS. 4°311414 Pages: 157 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Kopp.,, Clark and Recorder, Wald County, CO 3E 157 VIII kirdIMPLOfhqu'i IGilli hM '�tildMlwlW�k 1I III 2019-2621 ORD2019-02 Amend Sec. 23-5-120. Disclaimer of liability. The regulation of a GEOLOGIC HAZARD AREA by the Overlay regulations does not constitute an affirmation by the COUNTY that lands outside the regulated area as defined on maps adopted by the Board of County Commissioners will be free from the GEOLOGIC HAZARD. Amend Sec. 23-5-130. Building permit requirements. The soils report submitted with the building permit application shall include geotechnical recommendations stamped by a registered engineer and shall be submitted to the Building Department along with the building permit application. The study shall specify that the foundation and STRUCTURE design are appropriate for the specific site. No certificate of occupancy shall be issued until the Building Official is satisfied that the STRUCTURES have been constructed in compliance with the geotechnical recommendations. Amend Sec. 23-5-140. Establishment of District. There is hereby established in the COUNTY a Geologic Hazard Overlay District. A. The Geologic Hazard Overlay District includes land which is within a GEOLOGIC HAZARD AREA. The Colorado Geological Survey (CGS) and US Geological Survey (USGS) jointly developed a digital map delineating coverages based on previous studies pertaining to the location and distribution of abandoned underground coal mines in the Boulder -Weld coal field north and northwest of the Denver metropolitan area. B. The regulated areas delineating the Extent of Abandoned Coal -Mine Workings and Locations of Mine Shafts, Adits, Air Shafts, and Faults, as amended, is available in electronic format for public inspection at the USGS webpage portal. Weld County GIS monitors this electronic link for amendments and provides electronic access to this information through the County GIS portal. Where there is a conflict between the boundary lines illustrated on the map and the actual field conditions, the disputes shall be settled according to Article VI of this Chapter. Division 3 — Reserved. Division 4 - REPEALED. (See Chapter 27.) ARTICLE VI - Board of Adjustment. Amend Sec. 23-6-10. Powers and duties. A. The Board of Adjustment shall have the powers and duties enumerated below. The powers and duties as listed shall be exercised in conformance with the laws of the State and in conformance with the terms and conditions included in this Chapter. The powers of the Board of Adjustment shall be exercised in harmony with the intent of this Chapter or Chapter 26 or 27, as applicable, the intent of Chapter 22 of this Code and the public interest. 1. The Board of Adjustment has the power to hear and decide appeals from decisions concerning zoning issues made by any official employed by the COUNTY in the administration or enforcement of this Chapter, Chapter 26, or Chapter 27. 2. When there is an appeal of an administrative decision, the Board of Adjustment may, so long as such action is in conformance with the terms of this Chapter, Chapter 26, or Chapter 27, as applicable, reverse, affirm or modify the order, decision or determination appealed from. B. — No change. 4511414 Pages: 158 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Kopp'a, Clark and Rsoordar, Weld County, CO 2019-2621 ORD2019-02 C. The Board of Adjustment has the power to hear and decide VARIANCES from the terms of this Chapter, with the exception of VARIANCES from Article XI, Floodplain Management Ordinance, which are heard and decided by the Board of County Commissioners. The Board of Adjustment also has the power to hear and decide VARIANCES from the terms of Chapters 26 and 27 of this Code where Chapters 26 and 27 are applied to individual LOTS or parcels. VARIANCES may be brought to the Board of Adjustment when, because of special conditions relating to the subject land, a literal enforcement of the provisions of this Chapter, Chapter 26, or Chapter 27 of this Code would result in unnecessary hardship to the appellant. 1. — No change. 2. No relief may be granted when the result of granting the requested relief is detrimental to the public good or when the relief is contrary to the purpose and intent of this Chapter or Chapter 26 or 27, as applicable. 3. In granting any VARIANCE, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with this Chapter and Chapters 26 and 27 of this Code. VIOLATION of such conditions and safeguards, when made a part of the terms under which the VARIANCE is granted, shall be deemed a VIOLATION of this Chapter and said Chapters 26 and 27 and punishable under Article X of this Chapter. 4. Under no circumstances shall the Board of Adjustment grant a VARIANCE to allow a USE not permissible under the terms of this Chapter in the district involved, or any USE expressly or by implication prohibited by terms of this Chapter or said Chapters 26 and 27. 5. No appeal of an administrative decision to the Board of Adjustment shall be allowed for BUILDING USE or LOT USE VIOLATIONS prosecuted under the terms of Article X of this Chapter. 6. No NONCONFORMING USE of neighboring LOTS, STRUCTURES or BUILDINGS in the same district, and no permitted or NONCONFORMING USE of LOTS, STRUCTURES or BUILDINGS in other districts shall be considered grounds for the issuance of a VARIANCE. 7. No VARIANCE from Chapters 26 and 27 of this Code shall be allowed where the term from which the VARIANCE is sought is one that was raised as an issue during the PUD zone or final plat process. Amend Sec. 23-6-20. Appeals of administrative decisions. Appeals to the Board of Adjustment brought under the provisions of Section 23-6-10.A. above shall be made within thirty (30) days of the order, requirement, decision or refusal alleged to be in error. Appeals of administrative decisions shall be made and processed as set forth below. A. Application Requirements. Applications to appeal administrative decisions shall be in written form according to the following requirements: 1 An application for appeal on the form as prescribed and furnished by the Department of Planning Services with the property owner's signature. If an authorized agent signs, a letter of authorization signed by all fee owners shall be included with the application. If the property is owned by a corporation, evidence that the signatory has the legal authority to sign for the corporation shall be included. 2. A citation of the Code section which is the subject to the disagreement. 4511414 Pages: 159 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Koppaa, Clerk and Recorder, Wald County, CO VIII �U�41 w i� k l Ll!i'r� I L i �� Nl"1 1I II 1 E 159 2019-2621 ORD2019-02 3. A written description of the grounds for the appeal; and the reasons held by the appellant for the favored interpretation. 4. Any other information determined to be necessary by the Board of Adjustment that will aid the Board of Adjustment in making a decision which will not impair the intent and purpose of this Chapter. 5. The application fee. B. Duties of the Department of Planning Services. The Department of Planning Services shall: 1. Review the application and determine that it is complete before scheduling consideration of the appeal by the Board of Adjustment. 2. — No change. 3. Review the application for consideration of the appeal and prepare comments for use by the Board of Adjustment, addressing all aspects of the appeal, its conformance with sound land use planning practices, the effect of granting or denying the appeal, its conformance with Chapter 22 of this Code and MASTER PLANS of affected municipalities. 4. Post a sign on the property under consideration in a location readily visible from the adjacent PUBLIC STREET/ROAD RIGHT-OF-WAY. The sign will be posted at least ten (10) days preceding the hearing date. In the event the property under consideration is not adjacent to a PUBLIC STREET/ROAD RIGHT-OF-WAY, a second sign at the point at which the driveway (access drive) intersects a PUBLIC STREET/ROAD RIGHT-OF-WAY will be posted. The sign posting will be evidenced with a photograph. C. Duties of the Board of Adjustment. The Board of Adjustment shall hold a public hearing to consider the appeal. The concurring vote of four (4) members of the Board of Adjustment shall be necessary in order to decide in favor of the appellant on any appeal of an administrative decision. The Board's decision shall be based only upon the information presented at the public hearing and its interpretation of Chapter 23 of this Code. Amend Sec. 23-6-30. Appeals for interpretation of zone district boundaries or lot lines. Appeals to the Board of Adjustment brought pursuant to Subsection 23-6-10.B above shall be made and processed as set forth below: A. Application Requirements. Appeals for interpretation of zone district boundaries or of LOT lines shall be made in written form according to the following requirements: 1. An application for appeal on the form as prescribed and furnished by the Department of Planning Services with the property owner's signature. If an authorized agent signs, a letter of authorization signed by all fee owners shall be included with the application. If the property is owned by a corporation, evidence that the signatory has the legal authority to sign for the corporation shall be included. 2. and 3. — No change. 4. The application fee. B. Duties of the Department of Planning Services. The Department of Planning Services shall: 1. Review the application and determine that it is complete before scheduling consideration of the appeal by the Board of Adjustment. 2. — No change. Pages: 160 of 181 4511414 R Fee:$0.00 k{u�� `WelldCoun{LLty,,!'uCCO'',, W� ,1111 08/02/2019 Pr 02KoPP� OCl�rk PM Recorder,i`I�rY�i1��firYi11� �I11Mitali g ' ! 2019-2621 ORD2019-02 3. Review the application for consideration of the appeal and prepare comments for use by the Board of Adjustment, addressing all aspects of the appeal, its conformance with sound land USE planning practices, the effect of granting or denying the appeal, its conformance with Chapter 22 of this Code and MASTER PLANS of affected municipalities. 4. Post a sign on the property under consideration in a location readily visible from the adjacent PUBLIC STREET/ROAD RIGHT-OF-WAY. The sign will be posted at least ten (10) days preceding the hearing date. In the event the property under consideration is not adjacent to a PUBLIC STREET/ROAD RIGHT-OF-WAY, a second sign at the point at which the driveway (access drive) intersects a PUBLIC STREET/ROAD RIGHT-OF-WAY will be posted. The sign posting will be evidenced with a photograph. C. Duties of the Board of Adjustment. The Board of Adjustment shall hold a public hearing to consider the appeal. The concurring vote of four (4) members of the Board of Adjustment shall be necessary in order to decide in favor of the appellant on any appeal for interpretation of zone district boundaries or LOT lines. The Board's decision shall be based upon only the information presented at the public hearing and its interpretation of Chapter 23 of this Code. Amend Sec. 23-6-40. Appeals for variance. Appeals to the Board of Adjustment brought pursuant to Subsection 23-6-10.C above shall be made and processed as set forth below. A. Application Requirements. An application for a VARIANCE in the application of specific terms or requirements in this Chapter shall be made in written form according to the following requirements: 1. A VARIANCE application on the form as prescribed and furnished by the Department of Planning Services with the property owner's signature. If an authorized agent signs, a letter of authorization signed by all fee owners shall be included with the application. If the property is owned by a corporation, evidence that the signatory has the legal authority to sign for the corporation shall be included. 2. A plot plan showing the location of existing features, such as STRUCTURES, fences, streams, PUBLIC or private RIGHTS -OF -WAY and STREETS/ROADS, access, etc. The plot plan shall include all proposed STRUCTURES. 3. and 4. — No change. 5. A statement that demonstrates that literal interpretation of the provisions of this Chapter would deprive the appellant of rights commonly enjoyed by other property owners in the same zoning district under the terms of this Chapter. 6. and 7. — No change. 8. Evidence that demonstrates that the VARIANCE requested is the minimum VARIANCE that will make possible the reasonable USE of the LOT, BUILDING or STRUCTURE. 9. — No change. 10. The application fee. B. Duties of the Department of Planning Services. 1. The Department of Planning Services shall review the application and determine that it is complete before scheduling consideration of the appeal by the Board of Adjustment. 4511414 % 2/ Pages:161 181 2019 01 :: 53PM R Fee:$0.00 08 Carly Koppas, Clerk and Recorder, Weld County, CO 1111 WAIF R 1Yy�I +k��ii��Yi R Cif' 11111 161 2019-2621 ORD2019-02 2. The Department of Planning Services shall arrange for publication of notice of the public hearing to be held by the Board of Adjustment once in the newspaper designated by the Board of County Commissioners for publication of legal notices. The date of publication shall be at least ten (10) days prior to the scheduled hearing. 3. The Department of Planning Services shall mail by first class, ten (10) days prior to the scheduled hearing, a notice of the public hearing to the owners of the surface estate located within five hundred (500) feet of the parcel under consideration for the VARIANCE. The Department's source of the ownership information shall be the application for VARIANCE submitted by the appellant. 4. The Department of Planning Services shall review the application for consideration of the VARIANCE and shall prepare comments for use by the Board of Adjustment, addressing all aspects of the VARIANCE, its conformance with sound land USE planning practices, the effect of granting or denying the VARIANCE and its conformance with Chapter 22 of this Code and MASTER PLANS of affected municipalities. 5. Post a sign on the property under consideration in a location readily visible from the adjacent PUBLIC STREET/ROAD RIGHT-OF-WAY. The sign will be posted at least ten (10) days preceding the hearing date. In the event the property under consideration is not adjacent to a PUBLIC STREET/ROAD RIGHT-OF-WAY, a second sign at the point at which the driveway (access drive) intersects a PUBLIC STREET/ROAD RIGHT-OF-WAY will be posted. The sign posting will be evidenced with a photograph. C. Duties of the Board of Adjustment. The Board of Adjustment shall hold a public hearing to consider the VARIANCE. The concurring vote of three (3) members of the Board of Adjustment shall be necessary in order to decide in favor of the appellant on any VARIANCE. An appeal for VARIANCE of the terms of this Chapter, Chapter 26 or Chapter 27 of this Code shall not be granted until and unless the Board of Adjustment, based only upon the information presented at the public hearing and its interpretation of this Code, has found and determined that: 1. — No change. 2. Literal interpretation of the provisions of this Chapter would deprive the appellant of rights commonly enjoyed by other property owners in the same zoning district under the terms of this Chapter. 3. — No change. 4. The reasons set forth in the application and testimony justify the granting of the VARIANCE, and the VARIANCE is the minimum VARIANCE that will make possible the reasonable USE of the LOT, BUILDING or STRUCTURE. 5. The granting of the VARIANCE will be in harmony with the purpose and intent of this Chapter, and will not be injurious to the NEIGHBORHOOD or otherwise detrimental to the public health, safety or welfare. Amend Sec. 23-6-50. Reserved. 4511414 Pages: 162 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County, CO liil I�.r��kCN ti�'1L1��ir�kil'iI��G�l��ujiik 1I III PAGE 162 2019-2621 ORD2019-02 ARTICLE VII - Nonconforming Uses and Structures Amend Sec. 23-7-10. Intent. Within the zoning districts established by this Chapter or amendments thereto, there exist STRUCTURES, USES of land or STRUCTURES, and characteristics of USE which were lawful before zoning regulations were passed or amended, but which would be prohibited, regulated or restricted under the terms of this Chapter or future amendment. It is the intent of this Article to permit these nonconformities to continue until they are removed or abandoned, but not to encourage their survival. It is further the intent of this Article that nonconformities shall not be enlarged upon, expanded or extended, nor be used as justification for adding other STRUCTURES or USES prohibited elsewhere in the same zoning district. NONCONFORMING USES are declared by this Article to be incompatible with permitted USES in the zoning districts involved. Amend Sec. 23-7-20. REPEALED. Amend Sec. 23-7-30. Nonconforming uses of land. Where at the time of passage of this Chapter, or of passage of future amendments of this Chapter, a lawful USE of land exists which would not be permitted by the regulations imposed by this Chapter or future amendment, the USE may be continued so long as it remains otherwise lawful, provided that the following conditions are met: A. Extension or expansion. 1. No such NONCONFORMING USE shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption of the ordinance codified herein or amendment of this Chapter. 2. A NONCONFORMING USE shall not be extended or enlarged after adoption of the ordinance codified herein or amendment of this Chapter by erection of additional SIGNS intended to be seen from off the premises, or by the addition of other USES which would be prohibited in the zoning district involved. 3. No such NONCONFORMING USE shall be moved in whole or in part to any portion of the LOT or parcel other than that occupied by such USE at the effective date of adoption of the ordinance codified herein or amendment of this Chapter. B. Substitution of USES. 1. A NONCONFORMING USE may as a Use by Special Review be changed to another USE which does not conform to the USES allowed in the zoning district, provided that the Board of County Commissioners shall find that the proposed USE is equally appropriate or more appropriate to the zoning district and NEIGHBORHOOD than the existing NONCONFORMING USE. In permitting such change, the Board of County Commissioners may require appropriate conditions and safeguards in accordance with the provisions of this Chapter. 2. Whenever a NONCONFORMING USE is replaced by a permitted USE, the NONCONFORMING USE may not be reestablished. The permitted USE shall thereafter conform to the provisions of this Chapter. 4M1414 Pages: 163 of 181 08/02/2019 01:53 PM R F..:90.00 Carly Koppel, Clark and Recorder, Weld County, CO HAUL 163 2019-2621 ORD2019-02 C. Abandonment. No NONCONFORMING USE of land shall cease so long as the property and associated STRUCTURES associated with the NONCONFORMING USE are being maintained in accordance with this Code. If any such NONCONFORMING USE of land ceases for any reason for a period of six (6) months, the NONCONFORMING USE shall cease. Any subsequent USE of such LOT or parcel shall conform to the regulations specified by this Chapter for the zoning district in which such LOT or parcel is located. Amend Sec. 23-7-40. Nonconforming structures. Where a lawful STRUCTURE exists at the effective date of adoption of the ordinance codified herein or amendment of this Chapter that could not be built under the terms of this Chapter by reason of restrictions on area, LOT COVERAGE, height, its location on the LOT or other requirements concerning the STRUCTURE, such STRUCTURE may continue to exist so long as it remains otherwise lawful, subject to the following provisions: A. Repair and Restoration. Should such NONCONFORMING STRUCTURE or nonconforming portion of a STRUCTURE be destroyed by any means to an extent more than fifty percent (50%) of its replacement cost at the time of destruction, it shall not be restored except in conformance with the provisions of this Chapter. Ordinary repairs the value of which do not exceed fifty percent (50%) of replacement cost of the STRUCTURE may be permitted. B. Expansion or enlargement. No such NONCONFORMING STRUCTURE or nonconforming portion of a STRUCTURE may be expanded, enlarged or altered in a way which increases its nonconformity, except that those STRUCTURES that are nonconforming by reason of noncompliance with existing SETBACK requirements may be expanded or enlarged so long as such expansion or enlargement does not further diminish the nonconforming SETBACK. No expansion or enlargement of STRUCTURES shall be allowed within an existing RIGHT-OF-WAY. C. Substitution of STRUCTURES. Should such NONCONFORMING STRUCTURE be moved for any reason, for any distance whatever, it shall thereafter conform to the regulations for the zoning district in which it is located after it is moved. D. — No change. Amend Sec. 23-7-50. Nonconforming uses of structures. If a lawful USE of a STRUCTURE or STRUCTURE and premises in combination exists on the effective date of adoption of the ordinance codified herein or amendment of this Chapter that would not be allowed in the zoning district under the terms of this Chapter, the USE of such STRUCTURE or STRUCTURE and premises may be continued so long as it remains otherwise lawful, subject to the following provisions: A. Repair and Restoration. An existing STRUCTURE devoted to a USE not permitted by this Chapter in the zoning district in which it is located which is destroyed by any means to an extent greater than fifty percent (50%) of its replacement cost at time of destruction shall not be restored, except to gain conformance with all provisions of this Chapter. The NONCONFORMING USE shall not be reestablished after restoration. Ordinary repairs, the value of which do not exceed fifty percent (50%) of replacement cost of the STRUCTURE, may be permitted. B. Expansion or Enlargement. 4511414 Pages: 164 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Kopp KClerk and Recorder, Weld County, CO 11111 4 2019-2621 ORD2019-02 1. A NONCONFORMING USE may be extended throughout any parts of a STRUCTURE which were manifestly arranged or designed for such USE at the time of adoption of the ordinance codified herein or amendment of this Chapter, but no such USE shall be extended to occupy any land outside such STRUCTURE. 2. A NONCONFORMING USE shall not be extended or enlarged after adoption of the ordinance codified herein or amendment of this Chapter by erection or attachment of additional SIGNS intended to be seen off the premises, or by the addition of other USES which would be prohibited in the zoning district involved. 3. No such NONCONFORMING USE shall be moved in whole or in part to any portion of the LOT or parcel other than that occupied by such USE on the effective date of adoption of the ordinance codified herein or amendment of this Chapter. C. Substitution of USES. 1. A NONCONFORMING USE may, as a Use by Special Review, be changed to another USE which does not conform to the USES allowed in the zoning district. However, the Board of County Commissioners shall find that the proposed USE is equally appropriate or more appropriate to the zoning district and NEIGHBORHOOD than the existing NONCONFORMING USE. In permitting such change, the Board of County Commissioners may require appropriate conditions and safeguards in accordance with the provisions of this Chapter. 2. Whenever a NONCONFORMING USE is replaced by a permitted USE, the NONCONFORMING USE may not be reestablished. The permitted USE shall thereafter conform to the provisions of this Chapter. D. Abandonment. When a NONCONFORMING USE of a STRUCTURE or STRUCTURE and premises is discontinued or abandoned for any reason for a period of one (1) year, any subsequent USE of such STRUCTURE or STRUCTURE and premises shall conform to the regulations specified by this Chapter for the zoning district in which such STRUCTURE or STRUCTURE and premises are located. ARTICLE VIII - Vested Property Rights Amend Sec. 23-8-20. Definitions. For the purposes of this Article VIII, certain terms or words used herein shall be interpreted as defined in Section 23-1-90. Amend Sec. 23-8-30. Duration, termination. A property right which has been vested as provided for in this Article shall remain vested for a period of three (3) years. This vesting period shall not be extended by any amendments to a SITE SPECIFIC DEVELOPMENT PLAN unless expressly authorized by the Board of County Commissioners. Amend Sec. 23-8-60. Development agreements. The Board of County Commissioners may enter into development agreements with landowners providing that property rights shall be vested for a period exceeding three (3) years where warranted, in light of all relevant circumstances, including, but not limited to, the size and phasing of the DEVELOPMENT, economic cycles and market conditions. Such development agreements shall be adopted as legislative acts subject to referendum as provided for in the Home Rule Charter. 4511414 Pages: 165 of 181 06/02/2019 01:03 PM R Fe.:$0.00 ,1111 Carly ' PPee NiVliVFI CILlWr' ii��4N14i4 .14 VIIICounty, CO !� �NI E 165 2019-2621 ORD2019-02 Amend Sec. 23-8-90. Other provisions unaffected. Approval of a SITE SPECIFIC DEVELOPMENT PLAN shall not constitute an exemption from or waiver of any other provisions of this Chapter pertaining to the DEVELOPMENT and USE of property. The establishment of a VESTED PROPERTY RIGHT shall not preclude the application of ordinances or regulations which are general in nature and are applicable to all property subject to land USE regulation by the COUNTY including, but not limited to, building, fire, plumbing, electrical and mechanical codes. ARTICLE X - Enforcement Amend Sec. 23-10-20. Criminal penalties. A. It is unlawful to erect, construct, reconstruct or alter any BUILDING or STRUCTURE in VIOLATION of any provision of this Chapter. Any person, firm or corporation violating any provision of this Chapter is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than one hundred dollars ($100.00), or by imprisonment in the County jail for not more than ten (10) days, or by both such fine and imprisonment. Each day during which such illegal erection, construction, reconstruction or alteration continues shall be deemed a separate offense. B. It is unlawful to use any BUILDING, STRUCTURE or land in VIOLATION of any provision of this Chapter. Any person, firm or corporation violating any provision of this Chapter is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than one hundred dollars ($100.00), or by imprisonment in the County jail for not more than ten (10) days, or by both such fine and imprisonment. Each day during which such illegal USE of any BUILDING, STRUCTURE or land continues shall be deemed a separate offense. C. Whenever the Department of Planning Services, through one (1) of its employees, has personal knowledge of any VIOLATION of this Chapter, it shall give written notice to the violator to correct such VIOLATION within thirty (30) days after the date of such notice. Should the violator fail to correct the VIOLATION within such thirty -day period, the Department of Planning Services may request that the Sheriffs office issue a summons and complaint to the violator, stating the nature of the VIOLATION with sufficient particularity to give notice of said charge to the violator. The summons and complaint shall require that the violator appear in court at a definite time and place stated therein to answer and defend the charge. One (1) copy of said summons and complaint shall be served upon the violator by the Sheriffs office in the manner provided by law for the service of a criminal summons. One (1) copy each shall be retained by the Sheriffs office and Department of Planning Services and one (1) copy shall be transmitted to the Clerk of the Court. D. — No change. E. Any person who violates any provision of Article IX of this Chapter commits a Class 2 petty offense, and upon conviction thereof, shall be punishable by a fine of three hundred dollars ($300.00) for each separate VIOLATION. Any arresting law enforcement officer shall follow the penalty assessment procedure provided in Section 16-2-201, C.R.S., for any VIOLATION of said Article IX. 05/02/2019 01:53 1414 �PM RiF66e 181 $0.00 Carly Koppss, Clerk and Recorder, Weld County, CO VIII POP l4 00401:1444i i II II 2019-2621 ORD2019-02 Amend Sec. 23-10-30. Equitable relief in civil action. A. In case any BUILDING or STRUCTURE is or is proposed to be erected, constructed, reconstructed, altered or used, or any land is or is proposed to be used, in VIOLATION of any provision of this Chapter, the County Attorney, or where the Board of County Commissioners deems it appropriate, the District Attorney, in addition to the other remedies provided by law, ordinance or resolution, may institute an injunction, mandamus, abatement or other appropriate action or proceeding to prevent, enjoin, abate or remove such unlawful erection, construction, reconstruction, alteration or USE. B. The County Attorney, acting at the request of the Board of County Commissioners, or the District Attorney, pursuant to Section 16-13-302, C.R.S., may bring an action in the District Court for the COUNTY for an injunction against the operation of an ADULT BUSINESS, SERVICE OR ENTERTAINMENT ESTABLISHMENT for repeat or continuing VIOLATIONS. Amend Sec. 23-10-40. Civil penalties. A. It is unlawful to erect, construct, reconstruct, alter or use any BUILDING, STRUCTURE or land in VIOLATION of this Chapter. In addition to any penalties imposed pursuant to Sections 23-10-20 and 23-10-30 above, any person, firm or corporation violating any such regulation, provision or amendment thereof or any provision of this Chapter may be subject to the imposition, by order of the COUNTY Court, of a civil penalty in an amount of not less than twenty-five dollars ($25.00), nor more than one thousand dollars ($1,000.00). It is within the discretion of the County Attorney to determine whether to pursue the civil penalties set forth in this Article, the remedies set forth in Sections 23-10-20 and 23-10-30 above, or both. Each day after the issuance of the order of the COUNTY Court during which such unlawful activity continues shall be deemed a separate VIOLATION and shall, in accordance with the subsequent provisions of this Section, be the subject of a continuing penalty in an amount not to exceed one hundred dollars ($100.00) for each such day. Until paid, any civil penalty ordered by the COUNTY Court and assessed under this Subsection A. shall, as of recording, be a lien against the property on which the VIOLATION has been found to exist. In case the assessment is not paid within thirty (30) days, it may be certified by the County Attorney to the County Treasurer, who shall collect the assessment, together with a ten -percent penalty for the cost of collection, in the same manner as other taxes are collected. The laws of the State for assessment and collection of general taxes, including the laws for the sale and redemption of property for taxes, shall apply to the collection of assessments pursuant to this Subsection. Any lien placed against the property pursuant to this Section shall be recorded with the County Clerk and Recorder. B. In the event any BUILDING or STRUCTURE is erected, constructed, reconstructed, altered or used or any land is used in VIOLATION of this Chapter, the County Attorney, in addition to other remedies provided by law, may commence a civil action in COUNTY Court for the County, seeking the imposition of a civil penalty in accordance with the provisions of this Section. 4511414 Pages: 167 of 181 08/02/2019 01:5311�fI iPrM `R�Fee Fee:$0.00 IIIII;oPPesClerk and Recorder, &L INN �fl'f7�� ia,14171■lf��ltil� I III VIII � ��C PAGE 167 2019-2621 ORD2019-02 C. The Department of Planning Services, through one (1) of its employees designated by resolution of the Board of County Commissioners, shall, upon personal information and belief that a VIOLATION of any regulation or provision of this Chapter has occurred, give written notice to the violator to correct such VIOLATION within ten (10) days after the date of such notice. If the violator fails to correct the VIOLATION within such ten-day period or within any extension period granted by the Department of Planning Services, the violator shall be given a second written notice that the VIOLATION matter has been referred to the County Attorney for legal action, unless the violator requests, in writing, a meeting with the Director of the Department of Planning Services. Following such meeting, the Director of the Department of Planning Services may grant the violator additional time to cure the VIOLATION or may request that the County Sheriff or the County Attorney issue a summons and complaint to the violator, stating the nature of the VIOLATION with sufficient particularity to give notice of such charge to the violator. D. — No change. E. If the County Court finds, by a preponderance of the evidence, that a VIOLATION of any regulation or provision of this Chapter, or amendment thereto, as enacted and adopted by the Board of County Commissioners, has occurred, the Court shall order the violator to pay a civil penalty in an amount allowed pursuant to Subsection A above. Such penalty shall be payable immediately by the violator to the County Treasurer. In the event that the alleged VIOLATION has been cured or otherwise removed at least five (5) days prior to the appearance date in the summons, then the County Attorney shall so inform the Court and request that the action be dismissed without fine or appearance of the defendant. F. Upon the filing with the Court of a receipt issued by the County Treasurer showing payment in full of a civil penalty assessed pursuant to this Section and upon the filing of an affidavit of the Department of Planning Services that the VIOLATION has been cured, removed or corrected, the Court shall dismiss the action and issue a satisfaction in full of the judgment so entered. G. If a receipt showing full payment of the civil penalty or the affidavit required by Subsection F above is not filed, the action shall continue and the Court shall retain jurisdiction to impose an additional penalty against the violator in the amount specified in Subsection A of this Section. Such additional penalty shall be imposed by the Court upon motion filed by the COUNTY and proof that the VIOLATION has not been cured, removed or corrected. Thereafter, the action shall continue the penalty and any additional penalties so assessed and the filing of an affidavit of the Department of Planning Services that the VIOLATION has been cured, removed or corrected. ARTICLE XI - Floodplain Management Ordinance. Division 1 - General Provisions. Amend Sec. 23-11-310. Definitions. For the purposes of this Article XI, certain terms or words used herein shall be interpreted as defined in Section 23-1-90. 4'311414 Pages: 168 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Koppel, Clerk and Recorder, Weld County, CO Ili MOM N Idie,010Ei0dtrilkiV X41 %% Ni ii II 2019-2621 ORD2019-02 APPENDIX 23-C - PERMITTED SIGNS BY TYPE AND ZONE DISTRICT SIGN TYPE A R-1 R-2 R-3 R-4 R-5 E C-1 C-2 C-3 C-4 I-1 1-2 1-3 INS BANNER SIGN no no no no no no no yes! yes/ yes/ yes/ yes! yes! yes/ yes! z z z z z z z z BILLBOARD (not allowed in yes! yes/ yes! yes/ yes/ yes! yes! PUD) no no no no no no no z z z z z z no z BUILDING SIGN no no no no no no no yes/ yes/ yes! yes/ yes/ yes! yes/ yes/ z z z z z z z z BUILDING MARKER yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes CANOPY SIGN no no no no no no no yes/ yes/ yes/ yes/ yes! yes! yes/ no ZZZZZZZ DEVELOPMENT SIGN yes yes! yes! yes! yes/ yes/ yes! yes/ yes/ yes! yes/ yes! yes! yes! yes! /z z z z z z z z z z z z z z z FLAG yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes FREESTANDING SIGN yes no no no no no no yes/ yes/ yes/ yes/ yes/ yes/ yes/ yes/ z z z z z z z z IDENTIFICATION SIGN yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes INCIDENTAL SIGN yes yes/ yes/ yes/ yes/ yes/ yes/ yes yes yes yes yes yes yes yes !a a a a a a a OFF -SITE DIRECTIONAL yes SIGN (not allowed in PUD) !z no no no no no no yes/ yes/ yes/ yes/ yes! yes/ yes/ no z z z z z z z POLITICAL SIGN yes yes yes yes yes yes yes yes yes yes yes yes yes yes yes REAL ESTATE yes yes/ yes! yes/ yes/ yes/ yes/ yes/ yes/ yes/ yes/ yes! j yes/ yes/ yes/ PROMOTION SIGN !z z z z z z z z z z z z z z z RESIDENTIAL SIGN yes yes yes yes yes yes yes no no no no no no no no SUSPENDED SIGN no no no no no no no yes/ yes/ yes/ yes/ yes! yes/ yes/ yes/ z z z z z z z z TEMPORARY SIGN yes yes yes yes yes ' yes yes yes yes yes yes yes yes yes yes WINDOW SIGN no no no no no no no yes yes yes yes no no no no BEACONS, ROOF SIGNS, PENNANTS, inflatable, tethered balloons, PORTABLE SIGNS and strings of light bulbs used for COMMERCIAL purposes other than traditional holiday decorations are not allowed in any zone district. 08/02/2019 1414 Pages 01:53PM R Fa181 a x0.00 Carly Koppel!, Clerk and Recorder, Weld County, CO IIII MPSIII 169 2019-2621 ORD2019-02 KEY TO ABBREVIATIONS A Agricultural Zone District R-1 Low -Density Residential Zone District R-2 Duplex Residential Zone District R-3 Medium -Density Residential Zone District R-4 High -Density Residential Zone District R-5 Manufactured Home Residential Zone District E Estate Zone District C-1 Neighborhood Commercial Zone District C-2 General Commercial Zone District C-3 Business Commercial Zone District C-4 Highway Commercial Zone District I-1 Light Industrial Zone District 1-2 Medium Industrial Zone District 1-3 Heavy Industrial Zone District INS Institutional - CHURCHES, SCHOOLS, CEMETERIES, PUBLIC PARKS and PUBLIC RECREATIONAL FACILITIES in Agricultural and Residential Zone Districts and Planned Unit Development (PUD) Zone District shall be evaluated by the underlying USE(S) unless otherwise stated YES Such SIGN is allowed without prior zoning approval YES/Z Such SIGN is allowed only with prior zoning approval NO Such a SIGN is not allowed YES/A No COMMERCIAL MESSAGE of any kind allowed on SIGN 4511414 Pages: 170 of 181 08/02/2019 01:53 PM R Fee:S0.Weld 00 County CO II III Carly Koppel', Clerk and Recorder, VIII )fj� u �r r 2019-2621 ORD2019-02 APPENDIX 23-D - NUMBER AND DIMENSIONS OF INDIVIDUAL SIGNS BY ZONE DISTRICT AND TYPE BANNER SIGN BILLBOARD (not allowed in PUD) 1 per ZONE LOT 40 sq. ft. 1 per ZONE LOT. No BILLBOARD shall be located less than 500 ft. from any other BILLBOARD or OFF -SITE DIRECTIONAL SIGN. BUILDING SIGN No limit BUILDING MARKER 1 per BUILDING CANOPY SIGN DEVELOPMENT SIGN FLAG FREESTANDING SIGN IDENTIFICATION SIGN 1 per BUILDING face 300 sq. ft. On a given wall, the sum of all BUILDING SIGNS which require a zoning permit shall not exceed 8% of that wall's sq. ft. 4 sq. ft. 10% of the vertical surface of the canopy or'. 25 sq. ft., whichever is smaller 40 ft. No higher than the top of the BUILDING 1 per PLANNED UNIT C & I -150 sq. ft. all other C & I - 25 ft. all DEVELOPMENT, Minor or Major zones - 32 sq. ft. others - 8 ft. Subdivision 1 per ZONE LOT :A,R,&E-15sq. ft. total C, I & INS - 60 sq. ft. total A, INS -1 per ZONE LOT. C&I-1 per ZONE LOT, 1 per each 500 ft. of C - 16 S I - 1 15 ft. road frontage or 1 per each different 50 sq. ft. INS road frontage, whichever is greater.* - 32 sq. ft. 1 per tenant located within the BUILDING INCIDENTAL SIGN N/A 2 sq. ft. N/A OFF -SITE C, I & A - 1 per ZONE LOT. No DIRECTIONAL SIGN signoff-SITE DIRECTIONAL SIGN C & I - 300 sq. ft. (not allowed in PUD, shall be located less than 500 ft. from A - 150 sq. ft s zoning) ,any other BILLBOARD or OFF -SITE DIRECTIONAL SIGN. POLITICAL SIGN No limits 4811414 Pages: 171 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Koppes, Clerk and Recorder, Weld County, CO VIII INFAIPPidialiniMMilliiiMnflitik II II 171 No limits A,R,&E-15i ft. C, I & INS - 30 ft. C&I-25 ft. A-6ft. INS -15ft. 4 ft. N/A C&I-40 ft. A-30 ft. No limits 2019-2621 ORD201 9-02 REAL ESTATE 1 per public access single- or double - PROMOTION SIGN faced 48 sq. ft. each (On -Premises) 12 ft. REAL ESTATE 2 single- or double-faced; must have PROMOTION SIGN landowner permission, min. 300 ft. 48 sq. ft. each 8 ft. (Off -Premises) spacing RESIDENTIAL SIGN TEMPORARY SIGN WALL SIGN 1 per ZONE LOT 1 per ZONE LOT N/A WINDOW SIGN N/A KEY TO ABBREVIATIONS A Agricultural Zone District R-1 Low -Density Residential Zone District R-2 Duplex Residential Zone District R-3 Medium -Density Residential Zone District R-4 High -Density Residential Zone District R-5 Manufactured Home Residential Zone District E Estate Zone District C-1 Neighborhood Commercial Zone District C-2 General Commercial Zone District C-3 Business Commercial Zone District C-4 Highway Commercial Zone District I-1 Light Industrial Zone District 1-2 Medium Industrial Zone District 1-3 Heavy Industrial Zone District 1 sq. ft. A, R, & E - 4 sq. ft. C,I&INS -8sq. ft. N/A 25% of total window area 6 ft. A, R, & E - 6 ft. C,I&INS -8 ft. Institutional - CHURCHES, SCHOOLS, CEMETERIES, PUBLIC PARKS and PUBLIC RECREATIONAL FACILITIES in Agricultural and Residential Zone Districts and Planned Unit INS Development (PUD) Zone District shall be evaluated by the underlying USE(S) unless otherwise stated. 4511414 Pages: 172 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Kopp.., Clerk and Reoorder, Weld County, CO VIII �U��R��! R �I��Ik��Iht�L iii «wry�f�ri�Yk iI II 2019-2621 ORD2019-02 * SIGNS calculated by road frontage must be constructed in the 500 feet of road frontage or on the different road frontage, they may not be grouped. 4811414 Pages: 173 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carl), III i�►�fr tClerk �r UIILRecorder, 'r Kr,4i County, COCU "Ill PAGE 173 2019-2621 ORD2019-02 APPENDIX 23-E - PERMITTED SIGN CHARACTERISTICS BY ZONE DISTRICT SIGN T no ':no no no no no :no no no no no no ANIMATED SIGN CHANGEABLE COPY SIGN Illumination, Internal no no no no no no no yes yes no no no no Illumination, External * yes yes yes yes Illumination, Exposed Bulbs or Neon no no no no no no no no no no no no no no no R no no no yes yes INS no no no yes yes yes yes yes yes yes yes yes yes yes no yes yes yes yes yes yes yes yes yes yes yes KEY TO ABBREVIATIONS A Agricultural Zone District R-1 ! Low -Density Residential Zone District R-2 Duplex Residential Zone District R-3 Medium -Density Residential Zone District R-4 High -Density Residential Zone District R-5 Manufactured Home Residential Zone District E Estate Zone District C-1 Neighborhood Commercial Zone District C-2 General Commercial Zone District C-3 ! Business Commercial Zone District C-4 Highway Commercial Zone District I-1 Light Industrial Zone District 1-2 Medium Industrial Zone District 1-3 Heavy Industrial Zone District Institutional - CHURCHES, SCHOOLS, CEMETERIES, PUBLIC PARKS and PUBLIC INS RECREATIONAL FACILITIES in Agricultural and Residential Zone Districts and Planned Unit Development (PUD) Zone District shall be evaluated by the underlying USE(S) unless otherwise stated 4511414 Pages: 174 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Koppea, Clerk and Recorder, Weld County, CO VIII �� K��rF�SrK w� ti WINN:IF 111111 2019-2621 ORD2019-02 YES - such SIGN is allowed NO - such a SIGN is not allowed * - TEMPORARY SIGNS may not be illuminated. 4511414 Pages: 175 of 181 08/02/2019 01:53 PM R Fee:$0.00 1111 I t'EliE �ilPig riltiT iEili iLdi ikai4,11111 PAGE 175 2019-2621 ORD2019-02 Add APPENDIX 23-G - LIST OF REFERRAL AGENCIES A. Owners, operators, or users of any irrigation ditch, lateral, or pipeline that traverses the property. B. Any municipality or county whose boundaries are within three (3) miles of the site. C. Weld County departments and offices, including but not limited to: 1. Building Inspection. 2. Code Compliance. 3. Floodplain Administrator. 4. Public Health and Environment. 5. Department of Public Works. 6. Extension office. 7. Office of Emergency Management. 8. Sheriff's Office. D. State agencies, including but not limited to: 1. Colorado Department of Public Health and Environment. 2. Colorado Department of Transportation. 3. Colorado Geological Survey. 4. Colorado Oil and Gas Conservation Commission. 5. Colorado State Division of Wildlife. 6. Colorado State Engineer, Division of Water Resources. 7. Colorado Water Conservation Board. 8. History Colorado. 9. Public Utilities Commission. E. Federal agencies, including but not limited to: 1. Bureau of Alcohol, Tobacco, Firearms, and Explosives. 2. Environmental Protection Agency. 3. Farm Service Agency (USDA). 4. Federal Aviation Administration. 5. Federal Communications Commission. 6. Federal Emergency Management Agency. 7. Food and Drug Administration. 8. Natural Resources Conservation Service (USDA). 4511414 Pages: 176 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Koppst, Clerk and Recorder, Weld County, CO Ili 1rdlnii.igFd,VPM 4'i i F:ti vi 11111 2019-2621 ORD2019-02 9. U.S. Army Corps of Engineers. 10. U.S. Bureau of Land Management. 11. U.S. Bureau of Reclamation. 12. U.S. Fish and Wildlife Service. 13. U.S. Forest Service. 14. Western Area Power Administration. F. Airports. G. Conservation districts. H. Fire districts. I. Poudre Trail Authority. J. Railroads. K. Special districts. L. Utility companies. M. Any other agencies or individuals whose review the Department of Planning Services deems necessary. /02414 /2019 01 53g 177 181 PM RFee $0 , 00 08 Carly Kopp's, Clerk and Recorder, Wald County, CO 1111 W J! ILIVII Nll tIMlli' I1 inligi 1411111 PAGE 177 2019-2621 ORD2019-02 CHAPTER 29 BUILDING REGULATIONS ARTICLE I - General Provisions Amend Sec. 29-1-20. Definitions. As used in this Building Code, unless the context otherwise requires, the following definitions shall apply: Factory -built (modular) home means a manufactured home constructed to "factory -built residential requirements" established by the State Housing Board and installed on a permanent foundation meeting IRC standards. Manufactured home means a preconstructed building unit or combination of preconstructed building units that: a. Includes electrical, mechanical, or plumbing services that are fabricated, formed, or assembled at a location other than the residential site of the completed home; b. Is designed and used for single-family residential occupancy in either temporary or permanent locations; c. Is constructed in compliance with the "National Manufactured Housing Construction and Safety Standards Act of 1974", 42 U.S.C. sec. 5401 et seq., as amended; d. Does not have motive power; and e. Is not licensed as a vehicle. See also Factory -built (modular) home. ARTICLE II - Code Standards. Amend Sec. 29-2-110. Manufactured home installation standards. Any manufactured home located in or relocated within the County shall bear a Housing and Urban Development (HUD) label and meet the following installation standards. The Building Official may authorize the use of different materials or methods which will accomplish substantially the same result. The Building Inspection Department shall be authorized to act as the exclusive inspection agency for the County pursuant to the Colorado Division of Housing Manufactured Housing Installation Program. Any installation of a manufactured home in the County shall be performed in strict accordance with the applicable manufacturer's installation instructions. Where the manufacturer's instructions are not applicable, installation shall be in accordance with ANSI A225.1 1994, as amended by the Colorado Division of Housing. A copy of the manufacturer's instructions or the standards promulgated by the Colorado Division of Housing shall be available at the time of installation and inspection. A. — No change. B. Foundations. 1. Basement or crawlspace foundations and any manufactured structure that requires a Flood Hazard Development Permit for manufactured homes shall be designed by an architect or engineer licensed by the State. Additionally, if a site specific soils report is not provided, an "open hole" inspection shall be conducted by an architect or engineer licensed by the State. Subsequent to that inspection, a written letter bearing the architect's or engineer's stamp shall be presented to and approved by the Building Inspection Department prior to backfilling around the foundation. PAGE 178 4511414 Pages: 178 of 181 2019-2621 08/02/2019 01:53 PM R Fee:$0.00 Carly Koppee, Clerk and Recorder, Weld County, CO ORD2019-02 �IIl1 ��191�IIiy�FI� NG�tiMh l�u�� 'WA% II III 2. — No change. 3. An engineered foundation is required where unstable or expansive soil conditions are encountered. Otherwise, it is permissible to use a foundation consisting of block piers and tie -downs. This foundation shall be according to the manufacturer's installation manual. When a manufactured home has been previously set up and the manufacturer's installation manual is no longer available, the foundation shall meet the standards based on ANSI A225.1-1994. 4. — No change. C. Skirting. Skirting shall be provided around the bottom of the manufactured home to ground level. Skirting shall be made of a material which is approved for exterior use by the IRC. Skirting must have nonclosing vents located at or near each corner and as high as possible. Open vent area must be equal to at least one (1) foot for every one hundred fifty (150) square feet of the home's floor area. D. Retaining walls. 1. Retaining walls installed around the outside perimeter of manufactured homes for the purpose of ground setting shall be constructed so as to resist loads due to lateral pressure. 2. — No change. E. — No change. F. Minimum plumbing requirements. Every manufactured home used as a dwelling unit shall be provided with a kitchen sink and a bathroom equipped with facilities consisting of a water closet, lavatory and either a bathtub or shower. Each sink, lavatory and either a bathtub or shower shall be equipped with hot and cold running water necessary for its normal operation. G. Approved sewage disposal. All manufactured and factory -built (modular) homes shall be connected to either an approved public or private sewage disposal system. Private sewage disposal systems are subject to permitting requirements of Chapter 30 of this Code, as administered by the Department of Public Health and Environment. The home shall not be occupied nor a final building approval or certificate of occupancy issued until the septic permit has been given final approval by the Department of Public Health and Environment. H. Temporary storage. A manufactured home receiving a zoning permit for temporary storage shall only be required to be blocked and tied down. No utility hookups of any type, including septic systems, shall be allowed. ARTICLE VII - Manufactured or Factory -Built (Modular) Home Permits. Amend Sec. 29-7-10. Permit required. No manufactured or factory -built (modular) home, as defined in this Building Code, may be located or relocated within the County without a building permit issued by the Building Official. 4511414 Pages: 179 of 181 08/02/2019 01:53 PM R Fee:$0.00 Carly Koppaa, Clark and Recorder, Weld County, CO VIII��E�4ZK�h�ILfi�l�I�'�R64�'�I�I�IR� I��= ��Yh "Ill PAGE 179 2019-2621 ORD2019-02 Amend Sec. 29-7-20. Additions, alterations or repairs. Manufactured or factory -built (modular) homes to which additions, alterations or repairs are made shall comply with all requirements of this Building Code. A separate building permit shall be applied for as provided for in Article III of this Chapter. Amend Sec. 29-7-30. Connection of two (2) manufactured homes for human habitation. No more than two (2) manufactured homes may be connected or physically attached. The following requirements shall be met: Remainder of Section — No change. Amend Sec. 29-7-40. Application. Each application for a permit, with the required fee, shall be filed with the Building Inspection Department on a form furnished for that purpose. The applicant shall give a description of the home, including make, model, year, serial number and size, the manufactured or factory -built (modular) home certification number, if any, issued by any state or by the United States, and a description of the type of foundation to be used. The applicant shall also list the location, ownership and use of the land on which the home is to be placed. The application shall be signed by the property owner or an authorized agent. For additional requirements, see Sections 29-3-110 through 29-3-190 of this Chapter. Amend Sec. 29-7-60. Zoning compliance. Prior to the release of a manufactured or factory -built (modular) home permit, the Department of Planning Services will review the application for the permit and all pertinent submittals to check compliance with Chapters 23 and 24 of this Code, and any other applicable rules and regulations. Upon approval from the Department of Planning Services, the permit application shall be given to the Building Official for review and issuance. Amend Sec. 29-7-80. Fees. Any person desiring a permit for a manufactured or factory -built (modular) home required by this Building Code shall, at the time of filing an application therefor, pay a fee to the Building Inspection Department as established by the Board of County Commissioners in Chapter 5 of this Code. Amend Sec. 29-7-120. Required inspections. Setbacks, foundation, underground inspections, electrical, mechanical, heating, plumbing, skirting, grading, steps and landings, final septic and final approval inspections conducted pursuant to this Building Code shall be required of all manufactured and factory -built (modular) homes. BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is, directed to arrange for Municode to supplement the Weld County Code with the amendments contained herein, to coincide with chapters, articles, divisions, sections, and subsections as they currently exist within said Code; and to resolve any inconsistencies regarding capitalization, grammar, and numbering or placement of chapters, articles, divisions, sections, and subsections in said Code. PAGE 180 2019-2621 ORD2019-02 4511414 Pages: 180 of 181 08/02/2019 0Clerk and Recorder, Weld County, 1:53 PM R1`1F►aae:$0`00 �llt Ili I� III Carly ;OPPes ifn7I1r17�lffl.��f�� n1� fl■�IC�It BE IT FURTHER ORDAINED by the Board, if any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The Board of County Commissioners hereby declares that it would have enacted this Ordinance in each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. The above and foregoing Ordinance Number 2019-02 was, on motion duly made and seconded, adopted by the following vote on the 10th day of July, A.D., 2019. BOARD OF COUNTY COMMISSIONERS W LD COUNTY, COLORADO ATTEST: rbara Kirkmeyer, Weld County Clerk to the Board APP D AS ounty • orney Date of signature: i1 Publication: First Reading: Publication: Second Reading: Publication: Final Reading: Publication: Effective: hair Mike Freeman, Pr ems March 6, 2019 April 29, 2019 May 15, 2019, in the Greeley Tribune June 10, 2019 June 19, 2019, in the Greeley Tribune July 10, 2019 July 19, 2019, in the Greeley Tribune July 25, 2019 PAGE 181 2019-2621 ORD2019-02 4311414 Pages: 181 of 181 08/02/2019 01:53 PMd RR anFes:$0.00d CountyCO Carly KoppSs, �tVK ►��iI F�� '�PtIN,tWkh 111111 WELD COUNTY CODE ORDINANCE 2019-02 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 BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO: WHEREAS, the Board of County Commissioners of the County of Weld, State of Colorado, pursuant to Color: do statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners, on December 28, 2000, adopted Weld County Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld, including the codification of all previously adopted ordinances of a general and permanent nature enacted on or before said date of adoption, and WHEREAS, the Weld County Code is in need of revision and clarification with regard to procedures, terms, and requirements therein. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County of Weld, State of Colorado, that certain existing Chapters of the Weld County Code be, and hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as follows. CHAPTER 14 HEALTH AND ANIMALS Amend Sec. 14-4-20. Failure to control. It is unlawful for the owner or any person having custody of any dog to fail to control said dog within the County, except the portions of the County which are within the city limits of any incorporated municipality within the County. An owner or other person having custody of a dog shall be deemed not to control a dog under the following circumstances: A. thru E.4. — No change. 5. It shall be an affirmative defense to an alleged violation of Subsection A above if a Use by Special Review permit has been approved by the Board of County Commissioners and a map recorded in the County Clerk and Recorder's Office for a kennel in order to exceed the maximum number established in Chapters 14 and 23 of this Code. 6. It shall be an affirmative defense to an alleged violation of Subsection A above if a zoning permit has been approved by the Department of Planning Services or Board of County Commissioners in order to exceed the maximum number established in Chapters 14 and 23 of this Code. Remainder of Section — No change. PAGE 1 2019-2621 ORD2019-02 CHAPTER 23 ZONING ,4: RTOCL E U Generrafi ProvSoons Amend Sec. 23-1-20. Authority. The County is authorized by law to regulate zoning, planning, SUBDIVISION of land, and BUILDINGS by virtue of Section 30-28-101, et seq., C.R.S.; to regulate certain activities on and USES of land by Section 29-20-101, et seq., C.R.S.; to designate and administer areas and activities of state interest by Section 24-65.1-101, et seq., C.R.S.; to regulate PLANNED UNIT DEVELOPMENTS by Section 24-67-101, et seq., C.R.S.; to establish the point at which statutory vesting occurs pursuant to Section 24-68-101, et seq., C.R.S.; and to exercise the powers of a Board of Health to adopt rules and regulations pursuant to Section 25-1-508(5)(g), C.R.S. In addition, the COUNTY is authorized to regulate zoning, planning, SUBDIVISION of land, and BUIL SINGS by irtue of the Home Rule Charter. Should further authorizing legislation exist or be enacted, this Chapter is additionally deemed to be enacted pursuant thereto, except to the extent it may be inconsistent therewith. Amend Sec. 23-1-50. Interpretation. A. thru I. — No change. J. All USES listed in this Chapter are representative and are not exclusive. Amend Sec. 23-1-80. Implementation procedures. Repeal of Previous Zoning Resolution: Applicable only to 1981 Redistricting. The Official Weld County Zoning Resolution adopted May 29, 1961, was repealed on August 18, 1981. The Official Weld County Zoning map in hard copy is replaced with the digitized version of this map that is maintained in joint cooperation with the Weld County Assessor's Office and the Weld County GIS office. The digitized map is available electronically through the County webpage and is updated periodically. The repeal of the Official Weld County Zoning Resolution shall not prevent the prosecution and punishment of any person for any VIOLATION committed prior to its repeal and map amendment. The repeal of the Zoning Resolution shall not affect or repeal any conditions or standards imposed as a condition for approval of any land use decision by the Board of County Commissioners prior to the effective date of the Zoning Ordinance codified herein and any amendment thereto. Delete B. and C. Amend Sec. 23-1-90. Definitions. The following specific words and phrases, when appearing in this Chapter in uppercase letters, shall have the meanings stated in this Section: 100 -YEAR FLOOD: A F' *OD having a recurrence interval that has a one (1) percent chance of being equaled or exceeded during any given year. The terms "one hundred -year FLOOD" and "one -percent -chance FLOOD" are synonymous with the term 100 -YEAR FLOOD. The term does not imply that the FLOOD will necessarily happen once overy one hundred (100) years. 100 -YEAR FLOODPLAIN: The area of land susceptible to being inundated as a result of the occurrence of the 100 -YEAR FLOOD. 500 -YEAR FLOOD: A FLOOD having a recurrence interval that has a two -tenths (0.2) percent chance of being equaled or exceeded during any given year. The term "0.2 -percent -chance FLOOD" is synonymous with the term 500 -YEAR FLOOD. The term does not imply that the FLOOD will necessarily happen once every five hundred (500) years. PAGE 2 2019-2621 ORD2019-02 500 -YEAR FLOODPLAIN: The area of land susceptible to inundation as a result of the 500 -YEAR FLOOD. ACCESSORY BUILDING, STRUCTURE, or USE: any BUILDING, STRUCTURE, or USE which: a. Is subordinate in purpose, area or intensity to the PRINCIPAL BUILDING or USE served, b. Is normally associated with the principalPRINCIPAL BUILDING or USE, c. Contributes to the needs of the occupants, business enterprise or industrial operation within the PRINCIPAL BUILDING or USE served, and d. Is located on the same LOT as the PRINCIPAL BUILDING or USE. ADDITION: Any activity that expands the enclosed footprint or increases the horizontal square footage of an existing STRUCTURE. ADJACENT: When used to indicate land in the immediate vicinity of a LOT, means land which shares a boundary line with the LOT in question or which would share a boundary line were it not for the separation caused by a STREET/ROAD or ALLEY. ADULT BUSINESS, SERVICE or ENTERTAINMENT ESTABLISHMENT: Any business, service or entertainment establishment open to the public in which persons appear in a STATE OF NUDITY for the purpose of entertaining patrons at such establishment. This definition does not include any establishments offering such entertainment where those establishments hold a valid liquor license pursuant to the Colorado Liquor Code or Beer Code. AGRICULTURAL PRODUCTION: P-cocesS PROCESSING, packing, sorting, mixing, and/or blending of crops and other plants grown on premises and/or processingPROCESSING, packing, sorting, storing, drying, mixing, blending, and/or selling of crops and other plants grown off premises, and BUILDINGS and STRUCTURES related thereto. AGRICULTURAL PRODUCTION does not include production of ethanol or alcoholic beverages. See also FARMING. AGRITAINMENT: A USE ACCESSORY to FARMING, open to the paying public, and typically including attractions such as amusement rides, corn mazes, haunted houses, petting zoos, and the like. AGRITAINMENT may also include live entertainment such as musical or comedy performances but excludes rodeos and racing events. AGRITOURISM: A USE ACCESSORY to FAMING offered as a vacation destination, open to the paying public, where guests experience life on a farm or ranch and may include recreational attractions such as horseback rides, hiking, and the like. AGRITOURISM excludes rodeos and acing events. AIRPORT: Any locality, situated on water or land which is adapted for the landing and taking off of aircraft and which may provide facilities for shelter, supply and repair of aircraft, or a place used regularly for receiving or discharging passengers or cargo by air. Includes all land, BUILDINGS, STRUCTURES or other improvements necessary or convenient in the establishment and operation of an AIRPORT. AIRPORT ELEVATION: The established elevation of the highest point on the usable land area of the GREELEY-WELD COUNTY AIRPORT (four thousand six hundred ninety [4,690] feet above MEAN SEA LEVEL). Delete AIRPORT HAZARD. PAGE 3 2019-2621 ORD2019-02 AIRPORT REFERENCE POINT: The point established as the geographic center of the REELEY-WELD COUNTY AIRPORT landing area. The reference point at GREELEY-WELD COUNTY AIRPO'T is a point three thousand one hundred (3,100) feet west of the east line of Section 2, T5N, R68W of the 6th P.M., Weld County, Colorado, and two thousand two hundred fifty (2,250) feet south of the north line of said Section 2, which geographical coordinates are Latitude 40°26'8" north and Longitude 104°37'55" west. AIRSTRIP: - No change. ALLEY: A minor PUBLIC or private STREET/ROAD primarily for vehicular service access to the rear or side of LOTS otherwise abutting on a STREET/ROAD. ALLEYS have thirty (30) feet of RIGHT-OF-WAY width or less. For the purposes of enforcing OFFSETS only, ALLEYS shall not be considered STREETS/ROADS. ALTERATION OR RELOCATION OF A WATERCOURSE Any DEVELOPMENT which changes the direction of flow of water in a river or stream. Any CHANNELIZATION of a river or stream is also considered to be an ALTERATION OR RELOCATION OF A WATERCOURSE. ANIMAL BOARDING: The maintaining of LIVESTOCK, other than those owned by the property owner and where any of the following are provided: shelter, care, feed and water. ANIMAL UNIT: A term and number used to establish an equivalency for various species of LIVESTOCK. The number of LIVESTOCK allowed by right is dependent upon bulk requirements of the A (Agricultural), E (Estate) and R-1 (Low -Density Residential) Zone District. LIVESTOCK in excess of the bulk requirements for the Agricultural Zone District shall require a Use by Special Review Permit for a LIVESTOCK CONFINEMENT OPERATION or ANIMAL BOARDING and animal TRAINING FACILITY. All LIVESTOCK shall have the following ANIMAL UNIT equivalents and bulk requirements contained in Tables 23.1A, 23.1B, and 23.1C, below: Table 23.1A ANIMAL UNITS in the A (Agricultural) Zone District - ANIMAL UNIT Equivale1ri is Number of Animals Equivalent to One ANIMAL UNIT Maximum Number of Animals per Acre Less Than 120 Gross Acres Remainder of Table 23.1A — No change. ANIMAL UNIT Equivalents Less than 320 Gross Acres, or a Minimum of 120 Gross Acres Less than 640 Gross Acres, or a Minimum of 320 Gross Acres 640 Gross Acres or Greater, or a Minimum of 1 Section Table 23.1B ANIMAL UNITS in the E (Estate) Zone District Number of Animals Equivalent to One ANIMAL UNIT Maximum Number Per Gross Acre Remainder of Table 23.1B — No change. PAGE 4 4.1•...0•6 2019-2621 ORD2019-02 ANIMAL UNIT Equivalents Table 23.1C ANIMAL UNITS in the R-1 (Low -Density Residential) Zone District Number of Animals Equivalent to One ANIMAL i Maximum Number Per UNIT LOT Remainder of Table 23.1C — No change. Delete Table 23.1 D. Animal Units in the A-1 (Concentrated Animal) Zone District Any combination of the above LIVESTOCK and their equivalents as a Use by Right shall not exceed the maximum of four (4) ANIMAL UNITS per acre in the A (Agricultural) Zone District on LOTS less than one -hundred twenty (120) gross acres, not to exceed six (6) ANIMAL UNITS per acre on LOTS a minimum of one -hundred twenty (120) gross acres and less than three hundred twenty (320) gross acres, not to exceed eight (8) ANIMAL UNITS per acre on LOTS a minimum of one-half (%) of a Section and less than six hundred forty (640) gross acres, and not to exceed ten (10) ANIMAL UNITS per acre on LOTS six hundred forty (640) gross acres or larger, or one full section. In the E (Estate) Zone District, ANIMAL UNITS shall not exceed one (1) ANIMAL UNIT per gross acre. In the R-1 (Low -Density Residential) Zone District, ANIMAL UNITS shall not exceed two (2) ANIMAL UNITS per LOT. In determining the number of acres in a LOT for the purpose of calculating the number of ANIMAL UNITS allowed as a Use by Right, the total number of contiguously owned or controlled (for example, through lease, easement or dedication) acres shall be included. Such contiguity shall not be affected by the existence of a platted STREET/ROAD or ALLEY, a PUBLIC or private RIGHT-OF-WAY, state or federal PUBLIC lands, or a lake, reservoir, stream or other natural or artificial waterway. ANIMATED SIGN: Any SIGN or components of a SIGN that use movement or change of lighting to depict or give the visual impression of movement, rotation or action, or that create a special effect or scene. APPROACH SURFACE: A surface longitudinally centered on the extended RUNWAY centerline, extending outward and upward from the end of the PRIMARY SURFACE and at the same slope as the APPROACH ZONE HEIGHT limitation slope set forth in Division 1 of Article V of this Chapter. In plan, the perimeter of the APPROACH SURFACE coincides with the perimeter of the APPROACH ZONE. APPROACH ZONE: The Utility Runway Visual Approach Zone, Runway Larger Than Utility Visual Approach Zone, and Precision Instrument Runway Approach Zone as described in Section 23-5-20. Delete APPEAL. AUXILIARY QUARTERS: One (1) or more interconnected rooms permanently attached to or located within a SINGLE-FAMILY DWELLING which are arranged, designed, used or intended for USE as a complete independent living facility for one (1) FAMILY. All AUXILIARY QUARTERS shall comply with the following requirements: a. and b. — No change. c. The GROSS FLOOR AREA of the SINGLE-FAMILY DWELLING shall be no less than one thousand six hundred (1,600) square feet in size. d. and e. - No change. f. The AUXILIARY QUARTERS and the SINGLE-FAMILY DWELLING shall be attached by common roof and foundation. PAGE 5 2019-2621 ORD2019-02 g. — No change. BANNER SIGN: Any SIGN of lightweight fabric or similar material that is permanently mounted to a pole or a BUILDING by a permanent frame or rivet at one (1) or more edges. BASE FLOOD: The FLOOD having a one -percent chance of being equaled or exceeded in any given year. BASE FLOOD ELEVATION (BFE): The elevation shown on a FEMA FIRM that indicates the WATER SURFACE ELEVATION resulting from a FLOOD that has a one -percent chance of equaling or exceeding that level in any given year. BASEMENT: Any floor level below the first story or main floor of a BUILDING, having its floor sub -grade (below ground level) on all sides. The lowest floor of a residential BUILDING, including BASEMENTS, shall be at least one (1) foot above the BASE FLOOD ELEVATION (BFE). Any crawl space with four (4) feet or more between the floor and the ceiling shall be considered to be a BASEMENT. BEACON: Any light with one (1) or more beams directed into the atmosphere or directed at one (1) or more points not on the same ZONE LOT as the light source; also, any light with one (1) or more beams that rotate or move. BED AND BREAKFAST FACILITY: - No change. BEST AVAILABLE DATA: Any FLOOD data available from the federal or state governments or any other source that is utilized by the FLOODPLAIN ADMINISTRATOR to determine the BASE FLOOD ELEVATION or FLOODWAY location. The sources of data may include, but are not limited to: a. FEMA publications such as guidance documents, policy documents, technical bulletins and regulations; b. State publications and regulations; and c. Other published or unpublished FLOOD studies. BILLBOARD: A SIGN which is intended to create an income from the sale or leasing of advertising space. BIOSOLIDS: The accumulated treated residual product resulting from a domestic wastewater treatment works. BIOSOLIDS does not include grit or screenings from a wastewater treatment works, commercial or industrial sludges (regardless of whether the sludges are combined with domestic sewage), sludge generated during treatment of drinking water or DOMESTIC SEPTAGE or industrial septage. BREWERY: Any establishment licensed pursuant to the provisions of Title 44, Article 3, C.R.S., where malt liquors or fermented malt beverages are manufactured, except BREW PUBS. "Malt liquors" are defined in C.R.S. Section 44-3-103(30). "Fermented malt beverages" are defined in C.R.S. Section 44-4-103(1). BREW PUB: A retail establishment licensed pursuant to the provisions of Title 44, Article 3, C.R.S., that manufactures not more than one million eight hundred sixty thousand (1,860,000) gallons of malt liquor and fermented malt beverages on its licensed premises or licensed alternating proprietor licensed premises, combined, each calendar year. "Malt liquors" are defined in C.R.S. Section 44-3-103(30). "Fermented malt beverages" are defined in C.R.S. Section 44-4- 103(1). PAGE 6 2019-2621 ORD2019-02 BUILDABLE LOT: A LEGAL LOT on which it is possible to design and construct a BUILDING in compliance with applicable requirements of this Code and with any VARIANCES granted by the Board of Adjustment. A LEGAL LOT may not necessarily be a BUILDABLE LOT. BUILDING: - No change. Delete BUILDING ENVELOPE BUILDING HEIGHT: The vertical distance from mean natural grade at foundation to the highest point of the roof or appurtenances, not including CHURCH spires and residential chimneys. BUILDING MARKER: Any SIGN indicating the name of a BUILDING, construction date and incidental information about its construction, or historical data on historic sites, which is cut into a masonry surface or made of bronze or other permanent material. BUILDING, PRINCIPAL: - No change. BUILDING SIGN: Any SIGN attached to any part of a BUILDING, as contrasted to a FREESTANDING SIGN. Includes PROJECTION SIGNS, SUSPENDED SIGNS and WALL SIGNS. BUILDING UNIT: For the purpose of obtaining a Weld Oil and Gas Location Assessment, shall mean a Residential Building Unit; and every five thousand (5,000) square feet of building floor area in commercial facilities or every fifteen thousand (15,000) square feet of building floor area in warehouses that are operating and normally occupied during working hours. CAMPING: - No change. CAMPGROUND: An area used for TEMPORARY placement and occupancy of RECREATIONAL VEHICLES or CAMPING tents operated on a COMMERCIAL basis for USE by the public. CANOPY SIGN: Any SIGN that is a part of, or attached to, an awning, canopy or other fabric, plastic or structural protective cover over a door, entrance window or outdoor service area. CARGO CONTAINER: A receptacle with all of the following characteristics: a. thru c. — No change. d. Designed to be easy to fill and empty. e. — No change. CAR WASH: An establishment providing COMMERCIAL cleaning of motor vehicles, not including SEMI-TRAILE'°S. CELL ON WHEELS 'COW): A portable mobile cellular site that provides temporary (up to one (11 year) of network and wireless coverage to locations where cellular coverage is minimal or compromised. CEMETERY: Land used for the burial of human remains and dedicated for memorial purposes, whereby plots are reserved and sold. Includes columbaria and mausoleums. PAGE 7 2019-2621 ORD2019-02 CHANGEABLE COPY SIGN: A SIGN or portion thereof with characters, letters or illustrations that can be changed or rearranged without altering the face or the surface of the SIGN. An electronic or digital SIGN on which the message changes more than six revolutions per minute shall be considered an ANIMATED SIGN and not a CHANGEABLE COPY SIGN for purposes of this Chapter. A SIGN on which the only copy that changes is an electronic or mechanical indication of time or temperature shall be considered a "time and temperature" portion of a SIGN and not a CHANGEABLE COPY SIGN for purposes of this Chapter. CHANNEL: The physical confines of a stream or waterway consisting of a bed and str am banks and existing in a variety of geometries. CHANNELIZATION: The artificial creation, enlargement or realignment of a stream CHANNEL. 1 R CHILD CARE CENTER A facility, by whatever name known, which is maintained for the whole or pert of a day for the care of five (5) or more children who are eighteen (18) years of age or younger and not related to the owner, operator or manager thereof, whether such facility is operated with or without compensation for such care and with or without stated educational purposes, as further defined in C.R.S. Section 26-6-102(5). CHURCH: A BUILDING or STRUCTURE, or groups of BUILDINGS or STRUCTURES, that by design and construction are primarily intended for conducting organized religious services and associated ACCESSORY USES. Delete Table 23-1 D. Land Use Process for Churches. Delete CLUSTER. CO -LOCATION: Locating TELECOMMUNICATION ANTENNAS or other wireless communications equipment for more than one (1) provider on a single STRUCTURE. COMMERCIAL: An activity where goods, products , r services are bought, sold or transferred in ownership on a fee, cntract or barter basis excluding those USES listed by right and ACCESSORY USES in the A (Agricultural) Zone District. Delete COMMUNITY BUILDINGS. --MI,WI- Y paf U& DIAN G S , n-c-bad-i-ring-b-ut ot---rn-it, e s , ; -sue- ,tee �amuse u -m -end --q L-fa-s-i-L�---I-- ' JJ1-LD N- S ---ref th-e members of a group, including but net limitee bheusres o - red -by meowne-r mss-'-a-s-s-e -aflc n ---+r a t e rn a I lodges, gran-eh a tls--a•nd- g ri- -- t - al -o a g a. n-izan offI-Gas. COMMERCIAL MESSAGE: Any SIGN wording, logo or other representation that, directly or indirectly, names, advertises or calls attention to a business, product, service or other s ong-m r-COM M E RC IA L activity. COMMERCIAL JUNKYARD: An open or ENCLOSED area where any waste, JUNK or used or secondhand materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including, but not limited, to scrap iron and other metals, paper, rags, rubber tires and bottles. A C MMERCIAL JUNKYARD also includes the storage or keeping of DERELICT VEHICLES. COMMERCIAL MINERAL DEPOSIT: - No change. PAGE 8 2019-2621 ORD2019-02 COMMERCIAL SCHOOL: A SCHOOL established to provide on -site training of business, trade, commercial, industrial, clerical, managerial or artistic skills, such as a beauty SCHOOL, ceramic store or driving SCHOOL. This definition applies to SCHOOLS that are owned and operated privately for profit and that do not typically offer a complete educational curriculum. This classification excludes establishments that provide training in an activity that is not otherwise generally permitted in the zone district. Incidental instructional services in conjunction with another primary USE, such as HOME BUSINESSES with classes of six (6) or fewer students, shall not be considered a COMMERCIAL SCHOOL. COMMERCIAL STORAGE BUILDINGS: A BUILDING or group of BUILDINGS consisting of individual, self-contained units leased for ENCLOSED self-service storage of personal property. COMMERCIAL VEHICLE: Any vehicle used or previously used COMMERCIALLY, excluding those USES listed by right in the A (Agricultural) Zone District. A COMMERCIAL VEHICLE shall include, but is not limited to, semi -tractors and SEMI -TRAILERS, dump trucks, construction equipment, box trucks, tow trucks, and vehicles such as taxis and ride -sharing vehicles used to transport passengers for a fee. A COMMERCIAL VEHICLE shall not be allowed to deteriorate to the condition of a DERELICT VEHICLE or be utilized as a storage unit, unless the USE is allowed through the zone district. For the purposes of enforcement, two -axle passenger motor vehicles, as defined in C.R.S. Section 42-1-102(58), which could be utilized in everyday personal transport, and which are used COMMERCIALLY, such as but not limited to taxis, ride -sharing vehicles, and work pick-up trucks, may be allowed in any zone district without requirement of any permits provided they are operated solely by residents thereof. Delete COMMON OPEN SPACE. COMMUNITY BUILDINGS: Governmental and non-profit BUILDINGS, including but not limited to libraries, post offices, and museums, and quasi -PUBLIC BUILDINGS for the members of a group, including but not limited to community clubhouses owned by homeowners' associations, fraternal lodc es, orange halls, and agricultural organization offices. COMPLETE APPLICATION: - No change. COMPREHENSIVE PLAN: - No change. CONDITIONAL LETTER OF MAP REVISION (CLOMR): FEMA's comment on a proposed project which does not revise an effective FLOODPLAIN map and would, upon construction, affect the hydrologic or hydraulic characteristics of a FLOODING source and thus result in the modification of the existing regulatory FLOODPLAIN. CONICAL SURFACE: A surface extending outward and upward from the periphery of the HORIZONTAL SURFACE at a slope of twenty (20) to one (1) for a horizontal distance of four thousand (4,000) feet. CONICAL ZONE: The area described as CONICAL ZONE in Section 23-5-20. Delete CONSERVATION EASEMENT. Delete CONSTRUCTION TRAILER. CONTRACTOR'S SHOPS: - No change. CORRECTIONAL FACILITY: - No change. COUNTY: - No change. PAGE 9 2019-2621 ORD2019-02 CRAWLSPACE, BELOW GRADE: A BELOW GRADE CRAWLSPACE is a crawlspace that has an interior grade no more than two (2) feet lower than the exterior grade and is below the AS E FIO• L HLEVATI N. All -ELOW GRADE CRAWLSPACES shall comply with Technical Bulletin 11, as amended, of the Federal Emergency Management Agency. CRITICAL FACILITY- A STRUCTURE or related infrastructure, but not the land upon which it is situated, that, if flooded, may result in significant hazards to public health and safety or interrupt essential services and operations for the COUNTY at any time before, during or after a F*OD. CRITICAL FACILITIES are classified under the following categories: (A) Essr-, tied Services; (Z) Hazardous Materials; (C) At -Risk Populations; and (D) Vital to Restoring Normal Services. a. Essential Services CRITICAL FACILITIES. 1) Essential Service CRITICAL FACILITIES include, but are not limited to: a) Public safety facilities such as police stations, fire and rescue stations, emergency vehicles and equipment storage and emergency operations centers; b) Emergency medical facilities such as HOSPITALS, ambulance service centers, urgent care centers with emergency treatment functions and non -ambulatory surgic.l STRUCTURES, but excluding clinics, doctors' offices and non -urgent care medical STRUCTURES that do not provide emergency treatment functions; c) Designated emergency shelters; d) Communications systems such as main telephone hubs, broadcasting equipment for cable systems, satellite TV systems, cellular phone systems, television, radio and other types of emergency warning systems, but excluding the towers, poles, cables and conduits; e) PUtLIC utility plant facilities for generation and distribution, such as hubs, SEWAGE TREATMENT PLANTS, substationsSUBS T ATIONS and pumping stati• ns for water, power and gas, but not including the towers, poles, power lines, buried pipelines, transmission lines, distribution lines and service lines; and f) Air transportation lifelines such as ai{p-orlsAIRPORTS (municipal and larger), helicopter pads and STRUCTURES serving emergency functions, and associated infrastructure (aviation control towers, air traffic control centers and emergency equipment aircraft hangars). 2) Specific exemptions to Essential Service CRITICAL FACILITIES include wastewater treatment plants, nonpotable water treatment plants, hydroelectric power -generating plants and relate° appurtenances. 3) Public utility plant facilities may be exempted from the definition of Essential Service CRITICAL FAI LITI [ES if it is demonstrated that the facility is an element of a redundant system for which service will not be interrupted during a FLOOD. At a minimum, it shall be demonstrated that redundant facilities are available (either owned by the same utility or available through an intergovernmental agreement or other contract) and connected, the alternative facilities are either located outside of the 100 -YEAR FLOODPLAIN or arc compliant with the provisions of this OR D I NA NCE, and an operations plan is in effect that states how redundant systems will provide service to the affected area in the event of a LOOD. Evidence of ongoing redundancy shall be provided upon request. b. Hazardous Materials CRITICAL FACILITIES. PAGE 10 2019-2621 ORD2019-02 1) Hazardous Materials CRITICAL FACILITIES include, but are not limited to: a) Chemical and pharmaceutical plants; b) Laboratories containing highly volatile, flammable, explosive, toxic and/or water -reactive materials; c) PETROLEUM REFINERIES; d) Hazardous waste storage and disposal sites; e) Aboveground gasoline or propane storage or sales centers; f) Facilities which produce or store chemicals in quantities in excess of regulated threshold limits. If the owner of a facility is required by OSHA to keep a Material Safety Data Sheet (MSDS) on file for any chemical stored or used in the workplace and the chemical is stored in quantities equal to or greater than the regulated United States Environmental Protection Agency Threshold Planning Quantity for that chemical, then that facility will be considered a CRITICAL FACILITY. 2) Specific exemptions to Hazardous Materials CRITICAL FACILITIES include: a) Finished consumer products within retail centers and households containing hazardous materials intended for household use and agricultural products intended for agricultural use; b) BUILDINGS or other STRUCTURES containing hazardous materials for which it can be demonstrated to the satisfaction of the COUNTY by hazard assessment and certification by a qualified professional that a release of the subject hazardous material does not pose a major threat to the public; or c) Pharmaceutical sales, use, storage and distribution centers that do not manufacture pharmaceutical products. c. At -Risk Populations CRITICAL FACILITIES. 1) At -risk population facilities include, but are not limited to: a) Elder care facilities, including nursing homes; b) Congregate care serving twelve (12) or more individuals, including CHILD CARE CENTERS, FAMILY CHILD CARE HOMES and assisted living facilities; and c) PUBLIC and private SCHOOLS, including preschools, K-12 SCHOOLS and before- and after -school daycare serving twelve (12) or more children. d. CRITICAL FACILITIES Vital to Restoring Normal Services. 1) CRITICAL FACILITIES Vital to Restoring Normal Services include, but are not limited to a) Essential government operations, including public records, courts, jails, building permitting, inspections services, community administration and management, maintenance and equipment centers; and b) Essential STRUCTURES for PUBLIC colleges and universities, including dormitories, OFFICES and classrooms. PAGE 11 2019-2621 ORD2019-02 2) CRITICAL FACILITIES Vital to Restoring Normal Services listed in Paragraph 1) above may be exempted from the definition of CRITICAL FACILITIES if it is demonstrated that the facility is an element of a redundant system for which service will not be interrupted during a FLOOD. At a minimum, it shall be demonstrated that redundant facilities are available (either owned by the same utility or available through an intergovernmental agreement or other contract) and connected, the alternative facilities are either located outside of the 100 -YEAR FLOODPLAIN or are compliant with the provisions of this ORDINANCE, and an operations plan is in effect that states how redundant systems will provide service to the affected area in the event of a E SHOD. Evidence of ongoing redundancy shall be provided upon request. e. Exemptions listed for particular categories of CRITICAL FACILITIES shall not apply to STRUCTURES or related infrastructure that also function as CRITICAL FACILITIES under anotirr category outlined in this definition. DAIRY: a n establishment for the primary production and subsequent sale or distribution of milk and/or milk products. See LIVESTOCK CONFINEMENT OPERATION. DERELICT MANUFACTURED OR MOBILE HOME: A MANUFACTURED HOME or mobile home that is partially or totally damaged by fire, earthquake, wind or other natural causes, or is in a state of general dilapidatin, deterioration or decay resulting from improper lack of maintenance, vandalism or infestation with vermin or rodents. A MANUFACTURED HOME shall not be allowed to deteriorate to the condition of a DERELICT MANUFACTURED OR MOBILE HOM . Any such DERELICT NUFACTURED OR MOBILE HOME shall be returned to and maintained in the condition as originally established on site and as inspected by the Building Inspection Department, or it shall be removed from the site. DERELICT SIGN: A SIGN that is partially or totally damaged by fire, earthquake, wind or other natural causes, or is in a state of general dilapidation, deterioration or decay resulting from improper or lack of maintenance, vandalism or infestation with vermin or rodents. DERELICT VEHICLE: A vehicle that is inoperable (unable to move under its own power); is partially or tots lly dismantled; has all or portions of its body work missing or is substantially damaged; does not have valid registration with the State, as required by C.R.S. Sections 42-4-202(4), 42-12-301 or 42-12-401, and/or the number plate assigned to it is not permanently attached to the vehicle, as required by C.R.S. Section 42-3-202; or is lacking proper equipment the extent that it would be unsafe or illegal to USE on PUBLIC STREET/ROAD RIGHTS-OF-NA/AY or otherwise not equipped with lamps and other equipment, as required in C.R.S. Sections 42-4-204 to 42-2-230. This definition shall not include implements of husbandry, farm tractors or vehicles customarily operated in a FARMING operation. Delete DEVELOPER. DEVELOPMENT: The placement, construction, erection, reconstruction, movement and/or alteration of BULDINGS and/or other STRUCTURES, the placement of paved areas, drainage improvements or alterations on the historic flow of drainage patterns or amounts, and the placement of lighting and/or other appurtenances related to any and all USES, excluding OIL AND GAS FACILITIES. Includes any man-made change to improved or unimproved real estate, including but not limited to :BUILDINGS or other STRUCTURES, miningMINING, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. FAG, 12 2019-2621 ORD2019-02 DEVELOPMENT SIGN: A FREESTANDING SIGN maintained by a DEVELOPMENT'S homeowners' association and located on property owned by the homeowners' association. The SIGN may contain the name, symbol or location of a PLANNED UNIT DEVELOPMENT or SUBDIVISION. PLANNED UNIT DEVELOPMENTS with COMMERCIAL and/or industrial USES may include the names of the businesses in the DEVELOPMENT on the DEVELOPMENT SIGN. DEVELOPMENT STANDARDS: A list of items that are compiled and approved by the COUNTY that governs the USE and/or operation of a Special Review Permit or Site Plan Review. The list is placed on the Special Review Permit map or Site Plan Review map prior to recording the map with the County Clerk and Recorder. DISTILLERY: Any establishment licensed pursuant to the provisions of Title 44, Article 3, C.R.S., where spirituous liquors are manufactured. "Spirituous liquors" are defined in C.R.S. Section 44-3-103(54). DISTRIBUTION CENTER: A BUILDING where goods are stored for distribution to a retailer or other destination. DOMESTIC SEPTAGE: Liquid or solid material removed from a septic tank, cesspool, portable toilet, Type III marine sanitation device or similar treatment works that receives only domestic sewage. DOMESTIC SEPTAGE does not include liquid or solid material removed from a septic tank, cesspool or similar treatment works that receives either commercial wastewater or industrial wastewater and does not include grease removed from a grease trap at a RESTAURANT. DOMESTIC WATER: - No change. Delete DOUBLE FRONTAGE. DWELLING, DUPLE: A BUILDING, other than a MANUFACTURED HOME, containing two (2) DWELLING UNITS, each occupied by not more than one (1) LIVING UNIT. DWELLING, MULTI -FAMILY: A BUILDING other than a MANUFACTURED HOME, containing three (3) or more DWELLING UNITS, each occupied by not more than one (1) LIVING UNIT. DWELLING, SINGLE-FAMILY: A DWELLING UNIT arranged, designed and intended to be occupied by not more than one (1) LIVING UNIT. Delete DWELLING, THREE-FAMILY/TRIPLEX. Delete DWELLING, TWO-FAMILY/DUPLEX. DWELLING UNIT: - No change. ELECTRIC TRANSMISSION LINES: - No change. ELEVATE: To build or raise a STRUCTURE to a minimum of one (1) foot above the BASE FLOOD ELEVATION. ELEVATED BUILDING: A BUILDING without a BASEMENT and: a. Built, in the case of a BUILDING in Zones A1-30, AE, A, A99, AO, AH, B, C, X and D, to have the top of the ELEVATED floor above the ground level by means of pilings, columns (posts and piers) or shear walls parallel to the floor of the water; and b. Adequately anchored so as not to impair the structural integrity of the BUILDING during a FLOOD of up to the magnitude of the BASE FLOOD. PAGE 13 2019-2621 ORD2019-02 In the case of Zones A1-30, AE, A, A99, AO, AH, B, C, X and D, ELEVATED BUILDING also includes a !UILDING ELEVATED by means of FILL or solid foundation perimeter walls with penings sufficient to facilitate the unimpeded movement of FLOOD waters. ENCLOSED: - No change. EVENT FACILITY: A USE providing a gathering space for rent for weddings, business meetings, and similar events not open to the general public. EXISTING CONSTRUCTION: STRUCTURES for which the START OF CONSTRUCT! ; N commenced before the effective date of the FLOOD INSURANCE RATE MAP (FIRM). EXISTING CONSTRUCTION is synonymous with the term "existing structure". EXISTING MANUFACTURED HOME PARK OR SUBDIVISION: A MANUFACTURED HOME PARK OR SUBDIVISION for which the construction of facilities for servicing the LOTS on which the MAW} _ ACTURED HOMES are to be affixed (including, at a minimum, the installation of utilities, construction of STREETS/ROADS and either final site grading or the pouring of concrete pads) is completed before the effective date of the COUNTY adoption of the FLOODPLAIN MANAGEMENT ORDINANCE. EXOTIC ANIMAL: - No change. EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION: The preparation of addition;I sites by the construction of facilities for servicing the LOTS on which the MANUFACTURED HOMES are to be affixed (including, at a minimum, the installation of utilities, the construction of STREETS/ROADS and either final site grading or the pouring of concrete pads) EXTRACTOR: Any individual, partnership, association or corporation which extracts COMMECIAL MINERAL DEPOSITS for USE in the business of selling such deposits or for USE in another business owned by the EXTRACTOR or any department or division of federal, state, county or municipal government which extracts such deposits. FAMILY. - No change. FAMILY CHILD CARE HOME: A facility for child care in a place of residence of a family or person for the purpose of providing less than twenty -four-hour care for children under the age of eighteen (1 8) years who are not related to the head of such home, as further defined in C.R.S. Section 26-6-102(13). Delete FARM, RANCH AND GARDEN BUILDINGS AND USES. FARMING: The cultivation of land; the growing, storage, drying, and/or seasonal sale of crops, plants, flowers, and nursery stock raised on the premises; and ranching and/or the raising of LIVESTOCK, excluding LIVESTOCK CONFINEMENT OPERATIONS. FARMING also includes TEMPRA',Y storage and sorting of in -transit crops, plants, flowers, and nursery stock not raised or for sale on the premises. See also AGRICULTURAL PRODUCTION. PAGE 14 2019-2621 ORD2019-02 FARMLAND - U.S. DEPARTMENT OF AGRICULTURE, SOIL CONSERVATION SERVICES: The availability of a consistent supply of clean water must exist in order to have prime FARMLAND. Prime FARMLAND is land that has the best combination of physical and chemical characteristics for producing food, feed, forage, fiber and oilseed crops, and is also available for these USES (the land could be cropland, pastureland, rangeland, forest land or other land, but not urban build-up land or water). It has the soil quality, growing season and moisture supply needed to economically produce sustained high yields of crops when treated and managed, including water management, according to acceptable FARMING methods. In general, FARMLANDS have an adequate and dependable water supply from precipitation or irrigation, a favorable temperature and growing season, salt and sodium content and few or no rocks. Prime FARMLANDS are permeable to water and air. Prime FARMLANDS are not excessively erodible or saturated with water for a long period of time, and they either do not FLOOD frequently or are protected from FLOODING. (U.S. Department of Agriculture, Soil Conservation Services [Special Series 17], January 1980; additional supplements.) FARMLAND - WELD COUNTY NONPRIME: - No change. FARMLAND - WELD COUNTY PRIME: - No change. FILL: Any material such as earth, clay, sand, concrete, rubble or waste of any kind which is placed or stored upon the surface of the ground. FISHING: - No change. FLAG: Any fabric, banner or bunting containing distinctive colors, patterns or symbol of the United States, the State, the County, foreign nations having diplomatic relations with the United States and any other FLAG adopted or sanctioned by an elected legislative body of competent jurisdiction. These FLAGS shall be flown in accordance with protocol established by the Congress of the United States for the Stars and Stripes. Any FLAG not meeting any one (1) or more of these conditions shall be considered a BANNER SIGN and shall be subject to regulation as such. FLOATABLE MATERIALS: Any material that is not secured in place that could float offsite during the occurrence of a FLOOD and potentially cause harm to downstream property owners or that could cause blockage of a culvert, bridge or other drainage facility. FLOATABLE MATERIALS include, but are not limited to, lumber, vehicles, boats, equipment, drums or other containers or pieces of material that are likely to float. Delete FLOOD. FLOOD or FLOODING: A general and temporary condition of partial or complete inundation of normally dry land areas from: a. The overflow of water from CHANNELS and reservoir spillways; and/or b. The unusual and rapid accumulation or runoff of surface waters from any source. FLOOD BOUNDARY AND FLOODWAY MAP (FBFM): The official map on which FEMA has delineated SPECIAL FLOOD HAZARD AREAS, FLOODWAYS and the risk premium zones applicable to the COUNTY. FLOOD INSURANCE RATE MAP (FIRM): The official map on which FEMA has delineated both the SPECIAL FLOOD HAZARD AREAS and the risk premium zones applicable to the COUNTY. FLOOD INSURANCE STUDY (FIS): The official report provided by FEMA that includes FLOOD profiles, the FLOOD BOUNDARY AND FLOODWAY MAP and the WATER SURFACE ELEVATION of the BASE FLOOD. PAGE 15 2019-2621 ORD2019-02 FLOODPLAIN or FLOOD -PRONE AREA: Any land area susceptible to being inundated as a result of a FLOOD, including the area of land over which floodwater would flow from the spillway of a reservoir. The FEMA-mapped FLOODPLAINS are shown on FEMA's DFIRM, FIRM and FBFM maps. FLOODPLAIN ADMINISTRATOR: The designated COUNTY official responsible for administering and enforcing this ORDINANCE. FLOODPLAIN DEVELOPMENT PERMIT: A permit required before construction or DEVELOPMENT begins within any SPECIAL FLOOD HAZARD AREA (SFHA). Permits are required to ensure that proposed DEVELOPMENT projects meet the requirements of the National Flood Insurance Program and this ORDINANCE. FLOODPLAIN MANAGEMENT: The operation of an overall program of corrective and preventative measures for reducing FLOOD damage, including but not limited to emergency preparedness plans, FLOOD control works and enactment and updating of this ORDINANCE. FLOODPLAIN MANAGEMENT ORDINANCE (ORDINANCE): Ordinance enacted by the Board of Weld County Commissioners pursuant to Title 29, Article 20 and Title 30, Article 28, C.R.S., for the purpose of FLOOD damage prevention and reduction. FLOODPROOF or FLOODPROOFING: Any combination of structural and nonstructural designs, changes or adjustments to STRUCTURES, with the exception of steel rings surrounding oil and gas storage vessels, which reduce or eliminate FLOOD damage to real estate, improved real property, water and sanitary sewer facilities, and STRUCTURES and their contents. FLOODWAY (REGULATORY FLOODWAY): The CHANNEL of a river or other WATERCOURSE and the ADJACENT land areas that must be reserved in order to discharge the BASE FLOOD without cumulatively increasing the WATER SURFACE ELEVATION more than a designated height. The statewide standard for the designated height to be used for all newly studied reaches shall be one-half ('/2) foot (six [6] inches). Holders of valid LETTERS OF MAP REVISION to existing FLOODWAY delineations may continue to use the FLOODWAY criteria in place at the time of the existing FLOODWAY delineation by FEMA. FEMA's mapped FLOODWAYS are shown on the FIRM and FBFM maps. FLOWLINES: A segment of pipe transferring oil, gas, or condensate between a wellhead and PROCESSING equipment to the load point or point of delivery to a U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration or Colorado Public Utilities Commission regulated gathering line or a segment of pipe transferring produced water between a wellhead and the point of disposal, discharge, or loading. This definition of FLOWLINE does not include a gathering line. The different types of FLOWLINES are: Wellhead Line: A FLOWLINE that transfers well production fluids from an oil or gas well to process equipment (e.g., separator, production separator, tank, heater treater), not including preconditioning equipment such as sand traps and line heaters, which do not materially reduce line pressure. Production Piping: A segment of pipe that transfers well production fluids from a wellhead line or production equipment to a gathering line or storage vessel and includes the following: Production Line: A FLOWLINE connecting a separator to a meter, LACT, or gathering line; Dump Line: A FLOWLINE that transfers produced water, crude oil, or condensate to a storage tank, pit, or process vessel and operates at or near atmospheric pressure at the flowline's outlet; PAGE 16 2019-2621 ORD2019-02 Manifold Piping: A FLOWLINE that transfers fluids into a piece of production facility equipment from lines that have been joined together to comingle fluids; and Process Piping: All other piping that is integral to oil and gas exploration and production related to an individual piece or a set of production facility equipment pieces. Off -Location Flowline: A FLOWLINE transferring produced fluids (crude oil, natural gas, condensate, or produced water) from an OIL AND GAS LOCATION to a production facility, injection facility, pit, or discharge point that is not on the same OIL AND GAS LOCATION. This definition also includes FLOWLINES connecting to gas compressors or gas plants. Peripheral Piping: A FLOWLINE that transfers fluids such as fuel gas, lift gas, instrument gas, or power fluids between OIL AND GAS FACILITIES for lease use. Produced Water Flowline: A FLOWLINE on the OIL AND GAS LOCATION used to transfer produced water for treatment, storage, discharge, injection or reuse for oil and gas operations. A segment of pipe transferring only freshwater is not a FLOWLINE. FOSTER CARE HOME: A home certified by the County or a child placement agency for child care in the residence of a person or FAMILY for the purpose of providing twenty -four-hour care for one (1) or more children under the age of twenty-one (21), as further defined in C.R.S. Section 26-6-102(13), and includes kinship foster care homes, as defined by C.R.S. Section 26-2-102(21). FREESTANDING SIGN: Any SIGN supported by STRUCTURES or supports that are placed on, or anchored in, the ground and that are independent from any BUILDING or other STRUCTURE. Does not include BILLBOARDS or OFF -SITE DIRECTIONAL SIGNS. FUNERAL HOME: - No change. GARDENING: The cultivation of plants without the use of tractors or other heavy machinery, including PUBLIC or private community gardens. GEOLOGIC HAZARD: The hazard posed to human life or property by GROUND SUBSIDENCE and/or seismic activity. GEOLOGIC HAZARD AREA: An area located over a bedrock fault or coal mine, as designated by the U.S. Geological Survey on the map titled Extent of Abandoned Coal -Mine Workings and Locations of Mine Shafts, Adits, Air Shafts, and Faults, as amended. [Available online at https://pubs.usgs.gov/imap/i-2735/i-2735.pdf.] GREELEY-WELD COUNTY AIRPORT: The AIRPORT located in Sections 2 and 3, T5N, and Sections 26 and 35, T6N, R65W of the 6th P.M., Weld County, Colorado. GROSS FLOOR AREA: The total floor area of each horizontal level of a BUILDING, including habitable penthouses and attic space, but not including vent shafts, courts or uninhabitable areas below ground level or in attics. GROUND SUBSIDENCE: - No change. GROUP HOME FACILITY: A facility which is licensed by the State, and/or authorized or regulated by either the state or federal government or both, and which provides non -institutionalized housing for a group of persons living as a single housekeeping unit, as determined by reference to C.R.S. Section 30-28-115. A GROUP HOME FACILITY shall be for one (1) of the following groups: a. A group of no more than eight (8) persons with intellectual and developmental disabilities in a state -licensed group home, as referred to in C.R.S. Section 30-28-115(2)(a); PAGE 17 2019-2621 ORD2019-02 b. A group of not more than eight (8) persons with behavioral and mental health disorders living in a state -licensed group home, as referred to in C.R.S. Section 30-28-115(2)(b.5), and nit located within seven hundred fifty (750) feet of another GROUP HOME FACILITY; or c. A group of not more than eight (8) persons, sixty (60) years of age or older, who do not need nursing facilities, as referred to in C.R.S. Section 30-28-115(2)(b), and not located within seven hundred fifty (750) feet of another such GROUP HOME FACILITY. Group homes that do not meet the conditions listed above shall be considered RESIDENTIAL THERAPEUTIC CENTERS for the purposes of this Code. HAZARD TO AIR NAVIGATION: An obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace. Delete HAZARD AREA. HEAVY MANUFACTURING - PROCESSING: The manufacture or compounding process of raw materials. These activities or processes necessitate the storage of large volumes of highly flammable, toxic materials or explosive materials needed for the manufacturing process. These activities may involve outdoor operations as part of the manufacturing process. Examples include ethanol, synthetic fertilizer, and tire manufacturing pl,nts. HEIGHT: For the purpose of determining the HEIGHT limits in all GREELEY-WELD COUNTY AIRPORT zones set forth in Division 1 of Article V of this Chapter, the datum shall be MEAN SEA LEVEL elevation unless otherwise specified. HELIPORT: An area designed and used for the landing, takeoff, maintenance, and fueling of helicopters. HIGHEST ADJACENT GRADE: The highest natural elevation of the ground surface prior to construction next to the proposed walls of a STRUCTURE. HISTORIC STRUCTURE: Any STRUCTURE that is: a. Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the United States Secretary of the Interior as meeting the requirements for individual listing on the National Register; b. Certified or preliminarily determined by the United States Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; c. Individually listed on the State inventory of historic places; or d. Individually listed on the State inventory of historic places in communities with historic preservation programs that have been certified by the State. HISTORIC TOWNSITE: A group of LOTS, tracts, or parcels of land created by recording a plat or map which shows the boundaries of such SLOTS, tracts, or parcels and the original parcel from which they were created, recorded prior to September 20, 1961. HISTORIC T'WNSITE includes all property within such plat or map, whether or not amended or resubdivided by subsequent plat or map, except for any property removed from said plat or map with approval by the :oard of County Commissioners. HOME BUSINESS: A USE incidental to the principal permitted USE for gainful employment of the FAMILY residing on the property, where: a. and b. — No change. PAGE 18 2019-2621 ORD2019-02 A HOME BUSINESS shall not include the following: clinic, HOSPITAL, nursing home, animal hospital, HOTEL/MOTEL, RESTAURANT, FUNERAL HOME, or organized classes where more than six (6) persons meet together for instruction on a regular basis (does not include classes sponsored by a PUBLIC SCHOOL). HOME OCCUPATION: A USE incidental to the principal permitted USE for gainful employment of the FAMILY residing on the property, where the HOME OCCUPATION complies with the requirements of Section 23-4-990. A HOME OCCUPATION shall not include the following: clinic, HOSPITAL, nursing home, animal hospital, HOTEUMOTEL, RESTAURANT, FUNERAL HOME, vehicle or boat repair (including painting) or organized classes where more than six (6) persons meet together for instruction on a regular basis (does not include classes sponsored by a PUBLIC SCHOOL). Examples of CLASS I HOME OCCUPATIONS include, but are not limited to, home offices (no customers), cake decoration, and internet sales. A FAMILY CHILD CARE HOME shall also be considered a CLASS I HOME OCCUPATION. Examples of CLASS II HOME OCCUPATIONS include, but are not limited to, hair salons, MASSAGE PARLORS, welding shops, and tax preparation offices with customers. HORIZONTAL SURFACE: A horizontal plane one hundred fifty (150) feet above the established AIRPORT ELEVATION, the perimeter of which in plan coincides with the perimeter of the HORIZONTAL ZONE (four thousand eight hundred forty [4,840] feet above MEAN SEA LEVEL). HORIZONTAL ZONE: The area described as HORIZONTAL ZONE in Section 23-5-20. HOSPITAL: - No change. HOTEL/MOTEL: - No change. HOUSEHOLD PETS: - No change. HUNTING: - No change. HUNTING LODGE: Lodging accommodations for short-term guests where the primary attraction is HUNTING. IDENTIFICATION SIGN: A SIGN that only contains the address and name of the occupant. INCIDENTAL SIGN: A SIGN, generally informational, that has a purpose secondary to the USE of the ZONE LOT on which it is located, such as "no parking," "entrance," "loading only," "telephone" and other similar directives. No SIGN with a COMMERCIAL MESSAGE legible from a position off the ZONE LOT on which the SIGN is located shall be considered an INCIDENTAL SIGN. Delete INSTRUMENT RUNWAY. JUNK: - No change. KENNEL: Any place where five (5) or more HOUSEHOLD PETS of one (1) species, or a total of eight (8) or more HOUSEHOLD PETS of two (2) or more species, are kept or maintained, with the following exceptions: a. On a LOT of at least ten (10) acres that is zoned A (Agricultural) and not in a SUBDIVISION or HISTORIC TOWNSITE, the owner or occupant shall be permitted to keep or maintain the following without being considered a KENNEL: no more than eight (8) HOUSEHOLD PETS of one (1) species, or sixteen (16) HOUSEHOLD PETS of two (2) or more species and, in addition, no more than thirty (30) birds. PAGE 19 2019-2621 ORD2019-02 o. !`n other LOTS zoned (Agricultural), a Zoning Permit may be granted in accordance with Division 17 of Article IV of this Chapter for the following without being considered a KENNEL: no morn than eight (i) HOUS _ ..HOLD PETS f one (1) species, or sixteen (16) IOUSILHCI LDD PE _ ES of two (2) or more species and, in addition, no more than thirty (30) birds c. PET SI OPS. d. Veterinary clinics. e. Animal hospitals. LANDSCAPE: Includes any combination of living plants, such as trees, shrubs, vines, ground covers, flowers or turf, and may include natural features such as rock, stone and bark, and architectural features including, but not limited to, fountains, reflecting pools, art works, screen walls, fences, S _ d .BEET/AD furniture, walks, decks and ornamental concrete or stnework. Delete LANDSCAPE MAINTENANCE. LANDSCPING COMPANIES: Businesses principally engaged in thr':sale and/or installation of LANDSCAPE materials. LARGER THAN UTILITY /!UNWAY A R.„ NW/A\Y that is constructed for and intended to be used by propeller -driven aircraft of greater th,n twelve thousand five hundred (12,500) pounds maximum gross weight and jet -powered aircraft. LA GE SCALE SOLA'' FACILITY: A facility wh-i-an is —u _ ee-for the production of electrical energy from energy collectSproduced 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 principaLPRINCIPAL and accessoryACCESSORY 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. LEGAL LOT: A s used in this Chapter, the term LEGAL LOT shall refer to any of the following: a. A LOT within a HOST RIC TOWNSITE. b. A LOT created prior to September 20, 1961. c. A LO _ F created between September 20, 1961, and December 10, 1992, in compliance with the Official Subdivision Regulations, Weld County, Colorado, as amended (referred to as the "Weld County Subdivision Regulations"), and in conformance with the bulk requirements and other regulations of the zone district where the LOT is located. d. A LOcreated between ecember 10, 1992, and December 18, 2000, in compliance with the Weld County Subdivision Ordinance, Ordinance No. 173, as amended, am in conformance with the bulk requirements and other regulations of the zone district where the L•T is located. Any LOT createt after December 18, 2000, in compliance with Chapter 24 of the Weld County Code, and in conformance with tie bulk requirements and other regulations of t ne zone district where the LOT is located A LEGA GA L LOT may not necessarily be a BUILDA LDA PAGE 20 Ft LE LOT. 2019-2621 ORD2019-02 LETTER OF MAP CHANGE (LOMC): An official revision to currently effective FEMA maps. A LOMC can be in the form of a LOMR, LOMA, LOMR-F or PMR. LETTER OF MAP AMENDMENT (LOMA): A letter from FEMA officially revising the effective FIRM and FEMA's acknowledgment that a property is not located in a SPECIAL FLOOD HAZARD AREA. LETTER OF MAP REVISION (LOMR): A letter from FEMA officially revising the effective FEMA maps and showing changes in FLOOD zones, delineations and elevations. LETTER OF MAP REVISION BASED ON FILL (LOMR-F): FEMA's modification of the FLOODPLAIN shown on the FIRM based on the placement of FILL outside of the existing regulatory FLOODWAY. LEVEE: A man-made STRUCTURE, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary FLOODING. LEVEE SYSTEM: A FLOOD protection system which consists of a LEVEE or LEVEES and associated STRUCTURES, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices. LIVESTOCK: - No change. LIVESTOCK CONFINEMENT OPERATION (L.C.O.): A place of confinement for LIVESTOCK, corralled, penned or otherwise caused to remain in pens or corrals, where feeding is other than grazing, and where the capacity at any one (1) time is greater than permitted in the bulk requirements for the zoning district in which it is located. An L.C.O. may include DAIRIES, feedlots and poultry and swine production facilities. LIVING UNIT: - No change. LOT: A contiguous tract or parcel of land in unified ownership, with defined boundaries, described by metes and bounds, by reference to aliquot parts of a section or sections, or by reference to a land survey plat recorded in the Office of the Weld County Clerk and Recorder. A LOT constitutes the basic unit of DEVELOPMENT. LOT COVERAGE: The maximum percentage of a LOT'S total area that may be covered with BUILDINGS and impervious surfaces. LOWEST FLOOR: The LOWEST FLOOR of the lowest enclosed area, including any crawlspace or BASEMENT. Any floor used for living purposes which includes working, storage, sleeping, cooking, and eating or recreation, or any combination thereof. This includes any floor that could be converted to such a use, such as a BASEMENT or crawlspace. Any unfinished or FLOOD -resistant enclosure, usable solely for parking of vehicles, BUILDING access or storage in an area other than a BASEMENT area, is not considered a BUILDING'S LOWEST FLOOR; provided that such enclosure is not built so as to render the STRUCTURE in violation of the applicable non -elevation requirement of 44 CFR 60.3. Delete LOW GROUND SUBSIDENCE HAZARD AREA. LUMBERYARD/WOODWORKING: An establishment where BUILDING materials are sold. LUMBERYARDS may also process lumber by performing millwork, planing, cutting, and the like, and manufacture wood products such as furniture. LUMBERYARD does not include general home improvement stores. PAGE 21 2019-2621 ORD2019-02 MAJOR FACILITIES OF A PUBLIC UTILITY OR PUBLIC AGENCY: PUBLIC utilities or PUBLIC agencies operating or constructing a mine, ELECTRIC TRANSMISSION LINES, DOMESTIC WATER storage facilities, POWER PLANTS, SUBSTATIONS, SEWAGE TREATMENT FACILITIES, water treatment facilities, including extensions, expansions or enlargements thereof; STORAGE AREAS of utilities providing electricity, water, and wastewater service, including extension, expansions or enlargements thereof. Delete MAJOR THOROUGHFARE. MANUFACTURED HOME: A SINGLE-FAMILY DWELLING that is a preconstructed building unit or combination of building units that: a. Includes electrical, mechanical, or plumbing services that are fabricated, formed, or assembled at a location other than the residential site of the completed home; b. Is designed and used for single-family residential occupancy in either TEMPORARY or permanent locations; c. Is constructed in compliance with the "National Manufactured Housing Construction and Safety Standards Act of 1974", 42 U.S.C. sec. 5401 et seq., as amended; d. Does not have motive power; and e. Is not licensed as a vehicle. MANUFACTURED HOME PARK OR SUBDIVISION: A parcel or contiguous parcels of land divided into two (2) or more MANUFACTURED HOME LOTS for rent or sale. MANUFACTURED STRUCTURE: Any factory -assembled STRUCTURE with or without service connections that is not a DWELLING UNIT. MASSAGE PARLOR: - No change. MASTER PLAN: - No change. MEAN SEA LEVEL: For purposes of this Chapter, the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988 or other datum to which BASE FLOOD ELEVATIONS shown on the COUNTY'S FLOOD INSURANCE RATE MAP are referenced. MEAT PROCESSING: Slaughtering, butchering, and/or rendering of animals. MEAT PROCESSING, CUSTOM: The slaughtering and butchering of animals in a single BUILDING not larger than 5,000 square feet of GROSS FLOOR AREA. MEDIUM SCALE SOLAR FACILITY: A facility 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. 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. MINING: - No change. Delete MOBILE HOME. Delete MOBILE HOME PAD. Delete MOBILE HOME PARK. PAGE 22 2019-2621 ORD2019-02 Delete MOBILE HOME SUBDIVISION. Delete MODERATE GROUND SUBSIDENCE HAZARD AREA. NEIGHBORHOOD: - No change. NEW CONSTRUCTION: STRUCTURES for which the START OF CONSTRUCTION commenced on or after August 25, 1981, and includes any subsequent improvements to such STRUCTURES. NEW MANUFACTURED HOME PARK OR SUBDIVISION: A MANUFACTURED HOME PARK OR SUBDIVISION for which the construction of facilities for servicing the LOTS on which the MANUFACTURED HOMES are to be affixed (including, at a minimum, the installation of utilities, the construction of STREETS/ROADS and either final site grading or the pouring of concrete pads) is completed on or after August 25, 1981. NIGHTCLUB, BAR, LOUNGE OR TAVERN: - No change. NONCOMMERCIAL JUNKYARD: An area where any waste, JUNK or used or secondhand materials are stored or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires, building materials and bottles. A NONCOMMERCIAL JUNKYARD may also include the storage or keeping of DERELICT VEHICLES registered last or currently registered under the property owner and/or tenant's name. This definition does not include COMMERCIAL VEHICLES. If the Zone district allows, the NONCOMMERCIAL JUNKYARD shall be totally ENCLOSED within a BUILDING or STRUCTURE or visually SCREENED from all ADJACENT properties and PUBLIC RIGHTS -OF -WAY. NONCOMMERCIAL TOWER: - No change. NONCONFORMING SIGN: A SIGN that does not conform to a provision or requirement of this Division, but which was lawfully established prior to the time of its applicability. NONCONFORMING STRUCTURE: A STRUCTURE that does not conform to a provision or requirement of this Chapter, but was lawfully established prior to the time of its initial applicability. NONCONFORMING USE: A USE that does not conform to a provision or requirement of this Chapter, but was lawfully established prior to the time of its initial applicability. Delete NONINSTRUMENT RUNWAY. NON -URBANIZING: - No change. Delete NONURBAN SCALE DEVELOPMENT. NO -RISE CERTIFICATION: A record of the results of an engineering analysis conducted to determine whether a project will increase FLOOD heights in a FLOODWAY. A NO -RISE CERTIFICATION shall be supported by technical data and signed by a registered Colorado professional engineer. The supporting technical data should be based on the computer program model used to develop the 100 -year FLOODWAY shown on the FIRM or FBFM. NOXIOUS WEEDS: - No change. NUDE, STATE OF NUDITY: - No change. OBSTRUCTION: Any STRUCTURE, growth or other object, including a mobile object, which exceeds a limiting HEIGHT set forth in Section 23-5-30. OFFICE: - No change. PAGE 23 2019-2621 ORD2019-02 OFFSET: The horizontal distance between any BUILDING or STRUCTURE, as measured from the farthest projection of the BUILDING or STRUCTURE, except for window wells, air conditiners, gutters, downspouts, or fences, and a LOT line, other than a STREET/ROAD RIGHT-OF-WAY line. For the purposes of enforcing OFFSETS ONLY, ALLEYS shall not be considered STREETS/ROADS. OFF -SITE DIRECTIONAL: SIGNS situated on premises other than those upon which the goods, services or functions being advertised are located, and giving guidance as to where, how distant and the type of goods, services or functions which may be obtained. Such SIGNS shall relate only to a service or product primarily available for the highway user (such as RESTAURANTS, lodging, gas, repairs or entertainment) and available within one (1) mile of a highway exit or in a community through which the highway passes. OIL AND GAS FACILITY: - No change. OIL AND GAS LOCATION: Shall mean the definable area(s) where an OPERATOR has disturbed or intends to disturb the land surface in order to locate an OIL AND GAS FACILITY for the purposes of obtaining a Weld Oil and Gas Location Assessment (WOGLA), pursuant to Division 10 of Article II of this Chapter. Delete Table 23-1 E. Land Use Process for Siting Oil and Gas Production Facilities. OIL AND GAS STORAGE FACILITY: - No change. OIL AND GAS SUPPORT AND SERVICE: Location and operation bases for businesses whose primary activity includes the following kinds of USES: a. — No change. b. Equipment and storage yards for STREET/ROAD and pipeline construction contractors, and production unit set-up and maintenance contractors. c. thru f. — No change. g. Oil and gas PROCESSING facilities and related equipment, including, but not limited to, compressors associated with gas PROCESSING or which compress gas to enter a pipeline for transport to market. h. Midstream activities including the PROCESSING, storing, transporting and marketing of oil, natural gas and natural gas liquids. OPERATOR: - No change. ORGANIC FERTILIZER PRODUCTION/COMPOSTING FACILITY: Facilities where animal manure and other biodegradable materials are brought from other properties for composting. This definition shall not include composting of materials produced solely on -site and meeting exemptions from Class I, II, Ill compost facilities defined under the Solid Waste Regulations. OUTDOOR STORAGE: The outdoor placement or leaving of goods for future use, preservation or disposal, or the renting of space for storage of RECREATIONAL VEHICLES, boats, and camper trailers. OUTLOT: A LOT shown on a land survey plat recorded in the Office of the Weld County Clerk and Recorder that is described or referred to on the plat as "OUTLOT," and may be limited to certain USES described on the plat. OUTLOTS are not eligible for the issuance of building permits to construct residential STRUCTURES or STRUCTURES not otherwise authorized on the plat. PAGE 24 2019-2621 ORD2019-02 OVERLAY ZONING DISTRICT: A zoning district superimposed over the UNDERLYING ZONING DISTRICT which places further restrictions upon land USES. These restrictions are intended to protect the public health, safety and welfare from man-made and natural disasters such as airplane accidents and GEOLOGIC HAZARDS. DEVELOPMENTS within the OVERLAY ZONING DISTRICT shall conform to the requirements of both the OVERLAY ZONING DISTRICT(S) and the UNDERLYING ZONING DISTRICT. PARKING LOT: An area used for temporary daily or overnight storage of vehicles, including drive aisles between the parking spaces, which is not located in a dedicated PUBLIC RIGHT-OF-WAY, a travel lane, a service drive or any easement for PUBLIC ingress or egress. PENNANT: Any lightweight plastic, fabric or other material, whether or not containing a message of any kind, suspended from a rope, wire or string, usually in series, designed to move in the wind. PETROLEUM REFINERY: - No change. PET CREMA TORY: A business or nonprofit agency engaging in the incineration of deceased HOUSEHOLD PETS. PET SHOP: - No change. PHYSICAL MAP REVISION (PMR): An official revision to currently effective FEMA maps. PMRs are issued by FEMA and document changes to FLOOD zones, delineations and elevations. PMRs generally cover more than one (1) FIRM panel. PIPELINE - DOMESTIC WATER: Any pipeline sixteen (16) inches in diameter or larger and appurtenant components thereof (such as valves or pump stations) designed for transporting DOMESTIC WATER in such pipeline and extending to locations outside of Weld County, excluding: a. Pipelines that transport or will transport DOMESTIC WATER to one (1) or more municipalities, the boundaries or populations of which were, on September 1, 2016, located primarily within the COUNTY. b. Pipelines owned or to be owned by one (1) or more municipalities, the boundaries or populations of which were, on September 1, 2016, located primarily within the COUNTY, which transport or will transport DOMESTIC WATER for use in an adjacent county consistent with individual water tap or other agreements. c. Pipelines that are part of an irrigation ditch, canal, reservoir, or well system that transport less than fifty percent (50%) of the system's total water as DOMESTIC WATER. PIPELINE - NATURAL GAS: - No change. PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS: - No change. PORTABLE SIGN: Any SIGN not permanently attached to the ground or other permanent STRUCTURE, or a SIGN designed to be transported, including but not limited to SIGNS designed to be transported by means of wheels; SIGNS converted to A- or T -frames; menu and sandwich -board SIGNS; balloons used as SIGNS; umbrellas used for advertising; and SIGNS attached to or painted on vehicles parked and visible from the PUBLIC RIGHT-OF-WAY, unless said vehicle is used regularly and customarily in the normal day-to-day operations of the business. POWER PLANT: - No change. PAGE 25 2019-2621 ORD2019-02 PRECISION INSTRUMENT RUNWAY- A RUNWAY having an existing instrument approach procedure utilizing an Instrument Landing System (ILS). It also means a RUNWAY for which a precision approach system is planned and is so indicated on an approved airport layout plan or any other planning document. PRIMARY SURFACE. A surface longitudinally centered on a RUNWAY extending two hundred (200) feet beyond each end of that RUNWAY. The elevation of any point on the PRIMARY SURFACE is the same as the elevation of the nearest point on the RUNWAY centerline. The width of a PRIMARY SURFACE is: a. Two hundred fifty (250) feet for VISUAL RUNWAYS. b. One thousand (1,000) feet for PRECISION INSTRUMENT RUNWAYS. PRINCIPALLY EMPLOYED or PRINCIPALLY ENGAGED: This definition applies to an employee who is PRINCIPALLY EMPLOYED at or PRINCIPALLY ENGAGED in the employment activities occurring on the subject property. This subject property shall be under review for a Zoning Permit for a MANUFACTURED HOME to be used as an annual ACCESSORY FARMING USE, or for activities and USES as a Use by Special Review. PROCESSING: - No change. PROJECTING SIGN: Any SIGN affixed perpendicular to, or at an angle to, a BUILDING or wall in such a manner that its leading edge extends more than six (6) inches beyond the surface of such BUILDING or wall. Considered a type of BUILDING SIGN. PUBLIC: - No change. PUBLIC SEWER: - No change. PUBLIC WATER: A central water supply system provided through a municipality, water district, water company or association for supplying water for household USES which is designed to meet the minimum requirements of the Safe Drinking Water Act (SDWA), 42 U.S.C. §300f. PUBLIC WATER includes a central water supply system providing water from one or more wells to all LOTS in a residential DEVELOPMENT through a single connected system of pipes and facilities, and which meets the requirements of Section 24-7-80.B. PUD (PLANNED UNIT DEVELOPMENT): A zoning district which includes an area of land, controlled by one (1) or more landowners, to be developed under unified control or unified plan of DEVELOPMENT for a number of DWELLING UNITS, COMMERCIAL, educational, recreational, industrial, or other USES, or any combination of the foregoing, the plan for which may not correspond in LOT size, bulk or type of USE, density, LOT COVERAGE, open space or other restriction to the existing land use regulations. A PUD is created in accordance with Chapter 27 of this Code. Delete QUALIFIED GROUND WATER SCIENTIST. RACING FACILITIES: An establishment where animal, motorized vehicle, or bicycle races are conducted outdoors, including ACCESSORY BUILDINGS or USES, such as spectator seating, food vendors, and parking, but excluding facilities on PUBLIC SCHOOL property, tracks exclusively for pedestrians, and facilities not open to the public. PAGE 26 2019-2621 ORD2019-02 REAL ESTATE PROMOTION SIGN: A TEMPORARY SIGN, located on -premises or off - premises, that identifies dwellings or other STRUCTURES under construction or to be constructed. This is a type of TEMPORARY SIGN that can otherwise exceed TEMPORARY SIGN standards as indicated in Appendix 23-D. On -premises SIGNS advertising SUBDIVISION construction shall not be displayed after all LOTS or dwellings in the SUBDIVISION have been sold. Off -premises SIGNS advertising SUBDIVISION construction shall not be displayed prior to the date of official recording of the SUBDIVISION, and shall be removed within two (2) years from the date of the issuance of the first building permit in the project or within thirty (30) days from the time seventy-five (75) percent of the LOTS or dwellings in the SUBDIVISION have been sold, whichever time period is the least. SIGNS advertising site construction may be displayed during the period of construction and shall be removed upon issuance of a certificate of occupancy or final inspection, whichever occurs first. RECREATIONAL FACILITIES: The following classes of recreational facilities have the following meanings: a. and b. — No change. c. COMMERCIAL RECREATIONAL FACILITIES: Includes, but is not limited to, bowling alleys, health spas, swimming pools, tennis courts, miniature golf facilities or WATER SKIING operated on a COMMERCIAL basis by the paying public. COMMERCIAL RECREATIONAL FACILITIES do not include rodeos, roping arenas, RACING FACILITIES, or SHOOTING RANGES. RECREATIONAL VEHICLE: A transportation STRUCTURE or self-propelled vehicle with or without flexible, removable or collapsible walls and partitions, which is: a. Built on a single chassis; b. Four hundred (400) square feet or less when measured at the largest horizontal projection; c. Designed to be self-propelled or permanently towable by a light -duty truck; and d. Not primarily designed for USE as a permanent dwelling but instead as temporary living quarters for recreational, CAMPING, travel or seasonal USE. The term RECREATIONAL VEHICLE shall include: motor home, camper bus and travel trailer, but shall not include pickup trucks with camper shells that do not extend above the cab of the truck. A RECREATIONAL VEHICLE shall not be used for TEMPORARY Storage, TEMPORARY ACCESSORY FARMING USE, TEMPORARY ACCESSORY USE During a Medical Hardship, TEMPORARY ACCESSORY USE as an OFFICE, or as a Principal DWELLING UNIT. REFERRAL: A portion of a COMPLETE APPLICATION given to a REFERRAL agency for review of a case. The REFERRAL information may contain only portions or elements of the COMPLETE APPLICATION. REPAIR SERVICE ESTABLISHMENT - No change. RESEARCH LABORATORY: - No change. RESIDENTIAL BUILDING UNIT: - No change. RESIDENTIAL SIGN: Any SIGN located in a district zoned for residential USES that contains no s -a COMMERCIAL MESSAGE except advertising for goods or services legally offered on the premises where the SIGN is located, if offering such service at such location conforms with all requirements of this Code. PAGE 27 2019-2621 ORD2019-02 RESIDENTIAL THERAPEUTIC CENTER: A DWELLING UNIT which is not specifically aesignated as a GROUP NOME FACILITY and which provides a community living environment for individuals requiriig custodial care, medical treatment or specialized social services. This definition includes any number of people who live together who lack the ability to live independently, or who h,ve been ordered into the facility by a court of competent jurisdiction, and who require the support, supervision and care of adults who may not be related. The definition includes, but is not limited to, the following: specialized group child care home, facility or center; residential child care facility; residential treatment facility; shelters for the homeless; shelters from domestic violence; residential facilities for those living together as a result of criminal offenses; and homes for individuals that are HIV positive or afflicted with the AIDS Virus. This definition does not include CORF, ECTINAL FACILITIES. RESTAURANT: An establishment that furnishes, for compensation, food and drinks of any RARY snack bar or refreshment stand ot a PUBLIC or nonprofit RECREATIONAL FACILITY and for the convenience of patrons of the facility shall not be deemed to be a RESTAURANT. kind for consumption. A TE Delete RESTAURANT, DRIVE -1N. RETAIL/SERVICE ESTABLISHMENT: Includes a variety of businesses engaging in COMMERCIAL sales, rentals, and services, but excluding ADULT "SBNESS, SER``/DC1 or ENTERTAINMENT ESTABLISHMENTS, BREW PUBS, CHILD CARE CENTERS, LUMBERYARDS, NIGHTCLUB, BAR, LOUNGE or TAVERN, REPAIR SERVICE FS _ ^ABUSED ENTS, RESTAURANTS, VEHICLE SERVICE/' EPAIR ESTABLISHMENTS, and VEHICLE RENTAL AND SALES ESTABLISHMENTS. Delete RE VE/' SE FRONTAGE RIGHT-OF-WAY: That portion of land dedicated to public use for STREET/ROAD and/or utility purposes and accepted by the goard of County Commissioners as required by Section 8-6-150 of this Code. RF SIGN: Any SIGN erected and constructed wholly on and over the roof of a gUBLDBN supported by the roof STRUCTURE, and extending vertically above the highest portion of the roof. Surfaces with slopes less than seventy-five (75) percent from horizontal shall be considered roof surfaces. RUNWAY: The area of the GREELEY-WELD COUNTY AIRPORT constructed and use() for landing and takeoff of aircraft along its length. elete SALES TRAILER. SCHOOL: Includes any one (1) or more of the following categories: a PUBLIC SCHOOL (which may include PUBLIC SCHOOL extension classes), community college, junior college, college or university; an independent or parochial SCHOOL which satisfies the compulsory SCH attendance requirements appearing in the School Attendance Law of 1963, Title 22, Article 33, C.R.S.; or a COMMERCIAL SCHOOL, as defined herein. SCREENED: - No change. SECONDARY RECOVERY: A technique of recovering additional crude from a mineralized zone by injecting steam, wtlr and similar methods to force more of the crude to a production well. PAGE 28 2019-2621 ORD2019-02 SEMI -TRAILER: Any wheeled vehicle, without motor power, that is designed to be used in conjunction with a laden or unladen truck tractor s• that some part of its own weight and that of its cargo bad rests upon, or is carried by, such laden or utden truck tractor and that is generally and c• mmonly used to carry and transport property over PUBLIC highways and STREETS/ROARS. SETBACK: The horizontal distance between any BU l WING NG r STRUCTURE, as measured from the f1 rthest projection of the BUILDING or STR„CTLRI _ , except for window wells, air co iditioners, gutters, downspouts, or fences, and the established PU LI C or private S RIE _ ET/RAD RIGHT-OF-WAY line other than that of an ALLEY. Of the abutting PU LIC STREET/RD is designated by the Transportation Plan adopted in Chapter 8 of this Code as a col actor or arterial ST! ET/ROAD, then the SE BACK shell be measured from the future right-of-way line. The minimum required R GHT-OF-WAY width is found in Section 8-8-10 of this Code. No STRUCTURES shall be allowed in IGHT-OF-WAY. It shall be the responsibility of the property owner to locate the RIGHT-OF-WAY lines. Delete SEVERE GROUND SUBSIDENCE HAZARD AREA. SEWAGE TREATMENT PLANT: - No change. SHOOTING RANGE - INDOOR: A facility designed or used for shooting at targets with rifles, pistols or shotguns and which is completely ENCLSED within a BUILDING or STRUC _ I URE. SHOOTING RANGE - OUTDOOR: The use of land for archery and/or the discharging *f fir=earms for the purpose of target practice, skeet or trap shooting or temporary competitin, such as turkey shoots. Excluded from this use type shall be general HUNTING and unstructured and n.nrecurring discharging of firearms on private property with the property owner's permission. SIGN: Any object, device, display, S _ I RUCTURE or part thereof, situated outdoors or indoors, and used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means. SIGN is any writing (including any combination of a letter, word or number), pictorial representation (including illustration, figures, design, colors, symbols or declaration), product, form (including shapes resembling any human, animal or product design that conveys a recognizable meaning, identity or distinction) or any part thereof, or is written, painted, projected upon, illuminated, printed, desigrtpd irt., constructed or otherwise placed on or near a BUILDING, board, plate `•-r upon any material object or device whatsoever, which by reason of its form, location, manner of display, c ior, w.rking, stereotyped design or .therwise attracts or is designed to attract attention to the subject •r to the promises upon which it is situated, or is used as a means of identification, dvertisement or announcement. SIGN, FLUSH WALL: Any SIGG \ attached to, painted on or erected against the wa I of a BUILD NG in such a manner that the SIGN face is parallel to the plane of the wall and is wholly supported by the w;Il. B .nners, canvas or any other simil .r material may be used for this type of SIGN only if the material is securely attached dire ctly to the r•IULDING fascia or to a rigid SIGN STRUCTURE in a manner which prevents the material from flapping, waving or otherwise moving SITE SPECIFIC DEVELOPMET PLAN: A Use by Special "eview (including OPI _ N Vl�.lN and MAJO FACILITIES Off- A J BL!C UTR _ ITY •R PUBLIC A FNCY), PNNED U\I _ IJ BEVEL. Pl�i rN = Final Plan, S JBDIVIS ON final plat, resubdivision or minor SUB1IVISION pplication which has oeen submitted to the CountyCOUNTY an.. receives approval or conditional approval by the Board of County Commissioners, or by the Planning Commission in the case of INIA, SR FACILITIES I!F A PUBIC UTILITY R PUBLIC AGENCY. No ther type of land use application shall be considered a SITE SPECIFIC DEVELOPMENT PL N. PAGE 29 2019-2621 R ►D2019-02 SMALL SCALE SOLAR FACILITY: A facility 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. 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. SPECIAL FLOOD HAZARD AREA: The land in the FLOODPLAIN within the COUNTY subject to a one -percent or greater chance of FLOODING in any given year. The area may be designated as Zone A, AE, AH, AO or A1 -A99 on the FIRM or FHBM. SPECIAL FLOOD HAZARD AREAS are periodically amended by FEMA via a LETTER OF MAP CHANGE. The designated SPECIAL FLOOD HAZARD ZONE AREAS are as follows: a. Zone A (Approximate Floodplain) is a SPECIAL FLOOD HAZARD AREA where BASE FLOOD ELEVATIONS and FLOOD HAZARD factors have not been determined by FEMA. b. Zone AH is a SPECIAL FLOOD HAZARD AREA where shallow FLOODING occurs and depths are between one (1) and three (3) feet and BASE FLOOD ELEVATIONS are shown but no FLOOD HAZARD factors have been determined by FEMA. c. Zone AO is a SPECIAL FLOOD HAZARD AREA where shallow FLOODING occurs and flood depths are between one (1) and three (3) feet with the average depth of FLOODING shown but no FLOOD HAZARD factors have been determined by FEMA. d. Zones AE and A1 -A30 are SPECIAL FLOOD HAZARD AREAS where BASE FLOOD ELEVATIONS and FLOOD HAZARD factors have been determined by FEMA. e. Zone B and Zone X (shaded) are SPECIAL FLOOD HAZARD AREAS that are between the limits of the 100 -YEAR and the 500 -YEAR FLOODS. f. Zone C and Zone X (unshaded) are SPECIAL FLOOD HAZARD AREAS that are at minimal risk of FLOODING. START OF CONSTRUCTION (pertaining to BUILDINGS or STRUCTURES): The date the building permit was issued, including building permits for SUBSTANTIAL IMPROVEMENTS, provided that the actual START OF CONSTRUCTION, repair, reconstruction, placement or other improvement was within one hundred eighty (180) days of the permit date. The actual start means the first placement of permanent construction of a STRUCTURE on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns or any work beyond the stage of excavation; or the placement of a MANUFACTURED HOME on a foundation. Permanent construction does not include land preparation, such as clearing, grading and FILLING; nor does it include the installation of STREETS/ROAD and/or walkways; nor does it include excavation for a BASEMENT, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of ACCESSORY BUILDINGS, such as garages or sheds not occupied as DWELLING UNITS or not part of the main STRUCTURE. For SUBSTANTIAL IMPROVEMENTS, the actual START OF CONSTRUCTION means the first alteration of any wall, ceiling, floor or other structural part of a BUILDING, whether or not that alteration affects the external dimensions of the BUILDING. STORAGE AREA: - No change. STREET/ROAD: A strip of land intended for vehicular USE and providing principal means of access to LOTS. PAGE 30 2019-2621 ORD2019-02 STRUCTURE: Anything that is built, constructed or erected, an edifice or BUILDING of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, but not including poles, lines, cables or distribution facilities of PUBLIC utilities. The term includes an object, including a mobile object, constructed or installed by man, including but without limitation, BUILDINGS, towers, cranes, smokestacks, earth formations, overhead ELECTRIC TRANSMISSION LINES, and gas or storage tanks that are principally aboveground. Delete STRUCTURE, TEMPORARY. SUBDIVISION: For the purposes of this Chapter 23 only, the term "SUBDIVISION" means land that has been split into separate LOTS with prior COUNTY approval of a plat: a. Recorded in the office of the Weld County Clerk and Recorder between September 20, 1961, and December 10, 1992, and meeting the definition of "subdivision" of the Official Subdivision Regulations, Weld County, Colorado, as amended (referred to as the "Weld County Subdivision Regulations"); b. Recorded in the office of the Weld County Clerk and Recorder between December 10, 1992, and December 18, 2000, and meeting the definition of "subdivision" of the Weld County Subdivision Ordinance, Ordinance No. 173, as amended; or c. Recorded in the office of the Weld County Clerk and Recorder after December 18, 2000, and meeting the definition of "subdivision" of Chapter 24 of the Weld County Code. SEE ALSO HISTORIC TOWNSITE. SUBSTANTIAL DAMAGE: Damage of any origin sustained by a STRUCTURE whereby the cost of restoring the STRUCTURE to its before -damaged condition would equal or exceed fifty (50) percent of the market value of the STRUCTURE just prior to when the damage occurred. SUBSTANTIAL IMPROVEMENT: Any repair, reconstruction or improvement of a STRUCTURE, the cost of which equals or exceeds fifty (50) percent of the market value of the STRUCTURE before the START OF CONSTRUCTION of the improvement. This includes STRUCTURES which have incurred SUBSTANTIAL DAMAGE, regardless of the actual repair work performed. The term does not, however, include either: a. Any project for improvement of a STRUCTURE to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or b. Any alteration of a HISTORIC STRUCTURE, provided that the alteration will not preclude the STRUCTURE'S continued designation as a HISTORIC STRUCTURE. SUBSTATION: - No change. Delete SUITABLE SOIL. Delete SUPERELEVATION. SUSPENDED SIGN: A SIGN that is suspended from the underside of a horizontal plane surface and is supported by such surface. Considered a type of BUILDING SIGN. TANK BATTERY: - No change. TELECOMMUNICATION ANTENNA: An exterior transmitting or receiving device used in telecommunications that radiates or captures telecommunication signals. PAGE 31 2019-2621 ORD2019-02 TELECOMMUNICATION ANTENNA, ATTACHED: An antenna mounted on an existing BUILT ING, silo, smokestack, water tower, utility or power pole or a support STRUCTURE ether than a TELECOMMUNICATI N ANTENNA TOWER. TELECOMMUNICATION ANTENNA, CONCEALED: An antenna with a support STRUCTURE that screens or camouflages the presence of antennas and/or TELEECMUNICATI S N ANTENNA TOWERS from public view in a manner appropriate to the site's context and surrounding environment. Examples of concealed antennas include man-made trees, clock towers, flagpoles, light STRUCTURES, steeples and similar objects. TELECOMMUNICATION ANTENNA SETBACK: The distance between a property line and the footprint of the antenna STRUCTURE, including antennas, reflectors, dishes and other appurtenances. TELECOMMUNICATION ANTENNA TOWER: Any STRUCTURE that is designed and constructed primarily for the purpose of supporting one (1) or more antennas, including camouflaged, lattice, guy or monopole TELECOMMUNICATION ANTENNA TOWERS. This includes radio and television transmission, microwave, and common -carrier, personal communications service (PCS), cellular telephone, and/or alternative TELECOMMUNICATION ANTENNA TOWERS, and the like. This definition does not include any STRUCTURE erected solely for a r�=isidential, noncommercial individual use, such as television antennas, satellite dishes or amateur (H M) radio antennas, including, but not limited to AMATEU' RADIO ANTENNA/TOWERS. TELECOMMUNICATION ANTENNA TOWER HEIGHT: The distance from the finished grade at the TELECOMMUNICATION ANTENNA TOWER base to the highest point of the TELEC UNICATlON ANTENNA TOWER. Overall TELECOIv IVIUNICATION ANTENNA TOWER height includes the base pad, mounting STRUCTURES and panel antennas but excludes lightning rods and whip antennas. TELECOMMUNICATION FACILITIES: Include TELECOMMUNICATION ANTENNAS; TELECOMMUNICATION ANTENNAS, ATTACHED; TELECOMMUNICATION ANTENNAS, C NCEALE�$; and IrICOM','iUNICATION ANTENNA TOWERS. TEMPORARY: Six (6) months or less. TEMPORARY SIGN: Construction SIGNS which identify the contractors working on a project on the site and "for sale" or "for rent" SIGNS indicating that the property or residence is for sale or rent. Construction SIGNS, "for sale" and "for rent" SIGNS shall be removed upon completion of the project or when the property is sold or rented. TEMPORARY STRUCTURE: Anything constructed in such a manner that it would commonly be expected to have relatively short useful life or is built for a purpose that would commonly be expected to be relatively short-term. THEATER: - No change. Delete THEATER, DRIVE-IN. elete THRESHOLD. TRAINING FACILITY A facility in which HOUSEHOLD PETS or LIVESTOCK not owned by the property owner are trained. PAGE 32 2019-2621 ORD2019-02 TRANSITIONAL SURFACES: These surfaces extend outward at ninety -degree angles to the RUNWAY centerline and the RUNWAY centerline extended at a slope of seven (7) feet horizontally for each one (1) foot vertically from the sides of the PRIMARY and APPROACH SURFACES to where they intersect the HORIZONTAL and CONICAL SURFACES. TRANSITIONAL SURFACES for those portions of the precision APPROACH SURFACES, which project through and beyond the limits of the CONICAL SURFACE, extend a distance of five thousand (5,000) feet measured horizontally from the edge of the APPROACH SURFACE and at ninety -degree angles to the extended RUNWAY centerline. TRANSITIONAL ZONE: The area described as TRANSITIONAL ZONE in Section 23-5-20. TRANSLOADING: A process of transferring a commodity from one (1) mode of Transportation to another whose primary activity includes the following kinds of USES: a. Rail and truck transloading of commodities and materials, including, without limitation, those for the agricultural and oil and gas industries, and including but not limited to grains, petroleum products, sand, pipe and indoor storage related to the same. Delete TRAVEL WAY. TREE: Any object of natural growth. TRUCK WASHOUT FACILITIES, COMMERCIAL: An establishment providing COMMERCIAL cleaning of trucks and SEMI -TRAILERS. UNDERLYING ZONING DISTRICT: - No change. Delete URBAN GROWTH CORRIDOR. URBANIZING: An area within one -quarter (1/4) mile from municipal boundaries, as amended. Delete URBAN SCALE DEVELOPMENT USE: - No change. UTILITY RUNWAY:: A RUNWAY that is constructed for and intended to be used by propeller - driven aircraft of twelve thousand five hundred (12,500) pounds maximum gross weight and less. UTILITY SERVICE FACILITY: PUBLIC utility mains, lines, gas regulator stations, PUBLIC lift or pumping stations for PUBLIC WATER and PUBLIC SEWER service, and ACCESSORY STRUCTURES where no PUBLIC OFFICE, repair or storage facilities are operated or maintained. VARIANCE: A grant of relief to a person from a requirement or requirements of this Chapter, Chapter 26, or Chapter 27 when specific enforcement would result in unnecessary hardship. A VARIANCE, therefore, permits construction or DEVELOPMENT in a manner otherwise prohibited by this Chapter, Chapter 26, or Chapter 27. VEHICLE RENTAL ESTABLISHMENT: - No change. VEHICLE SALES ESTABLISHMENT Any USE of property for the sale of vehicles such as automobiles, motorcycles, trucks, trailers, RECREATIONAL VEHICLES, MANUFACTURED HOMES, boats, farm machinery, construction equipment and other heavy rolling stock. VEHICLE SERVICE/REPAIR ESTABLISHMENT: Any USE of property whereon vehicles such as automobiles, motorcycles, trucks, trailers, RECREATIONAL VEHICLES, MANUFACTURED HOMES, boats, farm machinery, construction equipment and other rolling stock are serviced and repaired, including body work, welding and painting. VESTED PROPERTY RIGHT: The right to undertake and complete the DEVELOPMENT and USE of property under the terms and conditions of a SITE -SPECIFIC DEVELOPMENT PLAN. PAGE 33 2019-2621 ORD2019-02 VIOLATION: The failure of a STRUCTURE or other DEVELOPMENT to be fully compliant with this Chapter. VISUAL RUNWAY: A RUNWAY intended solely for the operation of aircraft using visual approach procedures. WALL SIGN: Any SIGN attached parallel to, but within six (6) inches of, a wall, painted on the wall surface of or erected and confined within the limits of an outside wall of any BUILDING or STRUCTURE which is supported by such wall, BUILDING or STRUCTURE, and which displays only one (1) SIGN surface. Considered a type of BUILDING SIGN. WATERCOURSE: A natural or artificial channel through which stormwater or FLOOD water can flow, either regularly or infrequently. WATER SKIING: - No change. WATER SURFACE ELEVATION: The height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988 or other datum, where specified, of FLOODS of various magnitudes and frequencies in the FLOODPLAINS or riverine areas. WATERTIGHT: Impermeable to the passage of water and capable of resisting the hydrostatic and hydrodynamic loads and the effects of buoyancy during a BASE FLOOD. WHOLESALE TRADE ESTABLISHMENT: No change. WIND GENERATOR: No change. Delete WIND TURBINE. WINDOW SIGN: Any SIGN, picture, symbol or combination thereof, designed to communicate information about an activity, business, commodity, event, sale or service that is placed inside a window or upon the window panes or glass and is visible from the exterior of the window. WINERY: Any establishment licensed pursuant to the provisions of Title 44, Article 3, C.R.S., where vinous liquors are manufactured; except a vintner's restaurant licensed pursuant to C.R.S. Section 44-3-422. "Vinous liquors" are defined in C.R.S. Section 44-3-103(59). YARD: The area of a LOT, between a LOT line and the required SETBACK. ZONE LOT: A parcel or parcels of land in single ownership with a single USE or multiple USES within the same STRUCTURE. ARTICLE II - Procedures and Permits Division 1 - Amendments to Zoning Map Amend Sec. 23-2-10. Amendment procedures. A. — No change. B. In addition to the Board of County Commissioners, only the fee owner of a LEGAL LOT or a LOT of at least thirty-five (35) acres may request amendment of the Official Zoning Map of the COUNTY (a Change of Zone) for said property. PAGE 34 2019-2621 ORD2019-02 C. Any person filing an application for a Change of Zone is required to comply with the appropriate procedures and regulations as stated in this Section; provided, however, that when the Board of County Commissioners desires to undertake a rezoning, to create and apply new zoning districts or to change the definitions of the various zoning districts, the only public notice requirement shall be publication in the newspaper designated by the Board of County Commissioners for publication of legal notices. D. Applications for a Change of Zone shall be completed as set forth in Section 23-2-50 below; provided, however, that any zone change initiated by the Board of County Commissioners shall only be required to meet the applicable requirements of Section 23-2-40. Amend Sec. 23-2-20. Duties of Department of Planning Services. A. — No change. B. Upon determination that the application submittal is complete, the Department of Planning Services shall: 1. Refer the application to the applicable agencies listed in Appendix 23-G, as determined by the Department of Planning Services. The failure of any agency to respond within twenty-eight (28) days may be deemed to be a favorable response. The reviews and comments solicited by the COUNTY are intended to provide the COUNTY with information about the proposed Change of Zone. The Planning Commission and Board of County Commissioners may consider all such reviews and comments and may solicit additional information if such information is deemed necessary. The reviews and comments submitted by a REFERRAL agency are recommendations to the COUNTY. The authority for making the decision to approve or deny the request for Change of Zone rests with the Board of County Commissioners. 2. — No change. 3. Set a Planning Commission hearing date and a Board of County Commissioners hearing date. 4. — No change. 5. Arrange for legal notice of hearings to be published once in the newspaper designated by the Board of County Commissioners for publication of notices. At the discretion of the Board of County Commissioners, a second notice may be published in a newspaper which is published in the area in which the rezoning is proposed. Failure to publish the second notice shall not create a jurisdictional defect in the hearing process. The date of publication shall be at least ten (10) days prior to the hearing. 6. Give notice of the proposed Change of Zone and the public hearing dates to those persons listed in the application as owners of property located within five hundred (500) feet of the parcel under consideration. Such notification shall be mailed, first-class, not less than ten (10) days before the scheduled Planning Commission public hearing. Such notice is not required by state statute and is provided as a courtesy to surrounding property owners (the surface estate). Inadvertent errors by the applicant in supplying such list or the Department of Planning Services in sending such notice shall not create a jurisdictional defect in the hearing process, even if such error results in the failure of a surrounding property owner to receive such notification. PAGE 35 2019-2621 ORD2019-02 7. A sign shall be posted for the applicant on the property under consideration for a rezoning. The sign shall be posted adjacent to and visible from a PUBLIC STREET/ROAD R0GH-OF- Y. In the event the property under consideration is not adjacent to a PUBLIC STREET/ROAD RIGHT-OF-WAY, one (1) sign shall be posted in the most prominent place on the property and a second sign posted at the point =t which the driveway (access drive) intersects a PUB _ IC STREET/sOAD RIGHT-OF-WAY. The sign shall be posted at least ten (10) days prior to the Planning Commission hearing and evidenced with a photograph. The sign will include the following information. a. — No change. b. Date, place and time of public hearings. c. thru f. — No change. Remainder of Section — No change. Amend Sec. 2302=3o. Dutfrs of Planning Commis& n. A. The Planning Commission shall hold a hearing to consider the application for the Change of Zone. The public hearing may involve either the rezoning application alone or may include the review of concurrent applications under thfsi C-ou-ntyCOUNTY's regulations concernin Uses by Special Review, OVERLAY ZONING DISTRICTS or SUBDIVISIONS. The Planning Commission shall provide recommendations to the Board of County Commissioners concerning the disposition of the requested change. The Planning Commissioi stall recommend approval of the request for the Change of Zone only if it finds that the applicant h.s met the standards or conditions of this Subsection A and Section 23-2-50. The ,pplicant has the burdkn of proof to show that the standards :and conditions of this Subsection A and Section 23-2-50 are met. The applicant shall demonstrate: 1. thru 3. e No change. 4. That STREET/ROAD or highway facilities providing access to the property are adequate in size to meet the requirements of the proposed zone district. This will include updating and obtaining any new Access Permits, as required. The Access Permit may require an Improvements Agreement. In the event that the STREET/ROAD or highway facilities are not properly sized and are planned to be properly sized in the future, in conformance with the Transportation Plan or in conformance with the MASTER PLANS of affected municipalities, the applicant may either wait to secure the rezoning until the improvements are made by the appropriate unit of government or the applicant may express a willingness to upgrade the ST! PFT/ROAD or highway facilities at his or her own expense in order to expedite approval of the requested Change of Zone. In the latter event, it will be necessary for the applicant to either construct the necessary improvements before the building permits are issued, or submit suitable performance guarantees to the CountyCOUNTY to ensure construction of the required STREET/ROAD or highway facility improvements. That, in those instances where the following characteristics are applicable to the rezoning request, the applicant has demonstrated compliance with the applicable standards: a. If the proposed Change of Zone is located within any OVERLAY ZONING DISTRICT identified by maps officially -dopted by the COUNTY, that the applicant has demonstrated compliance with the COUNTY regulations concerning VERI AY ZONING DOS _ - RICTS. Compliance may be demonstrated in a previous public hearing or in the hearing concerning the rezoning application. PAGE 36 2019-2621 ORD2019-02 b. That the proposed rezoning will not permit the USE of any area known to contain a COMMERCIAL MINERAL DEPOSIT in a manner which would interfere with the present or future extraction of such deposit by an EXTRACTOR to any greater extent than under the present zoning of the property. c. — No change. B. — No change. C. If the Planning Commission recommendation is conditional upon the applicant completing certain specified items prior to the hearing by the Board of County Commissioners, the ten-day period shall commence upon submission of the items by the applicant to the Department of Planning Services. Amend Sec. 23-2-40. Duties of Board of County Commissioners. A. REPEALED. B. The Board of County Commissioners shall hold a public hearing to consider the application and to take final action thereon. In making a decision on the proposed Change of Zone, the Board of County Commissioners shall consider the recommendation of the Planning Commission, and from the facts presented at the public hearing and the information contained in the official record which includes the Department of Planning Services case file, the Board of County Commissioners shall approve the request for the Change of Zone only if it finds that the applicant has met the standards or conditions of Paragraphs 1 through 5 below and Section 23-2-50. The applicant has the burden of proof to show that the standards and conditions •f Paragraphs 1 through 5 below and Section 23-2-50 are met. The applicant shall demonstrate: 1. thru 3. — No change. 4. That STREET/ROAD or highway facilities providing access to the property are adequate in size to meet the requirements of the proposed zone district. In the event that the STREET/ROAD or highway facilities are not properly sized and are planned to be properly sized in the future, in conformance with the Transportation Plan or in conformance with the MASTER PLAN of affected municipalities, the applicant may either wait to secure the rezoning until the improvements are made by the appropriate unit of government or the applicant may express a willingness to upgrade the STREET/ROAD or highway facilities at his or her own expense in order to secure approval of the requested Change of Zone. In the latter event, it will be necessary for the applicant to either construct the necessary improvements before building permits are issued, or submit suitable performance guarantees to the COUNTY to ensure construction of the required STREET/ROAD or highway facility improvements. No rezoning shall be finally approved by the Board of County Commissioners until the applicant has submitted an Improvements Agreement or contract approved by the Board of County Commissioners which sets forth the form of improvements guarantees. Any such agreement or contract shall be made in conformance with the COUNTY policy on collateral for improvements. Approval of the Improvements Agreement will be a condition of obtaining an Access Permit. 5. That, in those instances where the following characteristics are applicable to the rezoning request, the applicant had demonstrated compliance with the applicable standards: PAGE 37 2019-2621 O R D2019-02 a. If the proposed Change of Zone is located within any OVERLAY ZONING DISTRICT identified by maps officially adopted by the COUNTY, that the applicant has demonstrated compliance with the COUNTY regulations concerning OVERLAY ZONING DISTRICTS. Compliance may be demonstrated in a previous public hearing or in the hearing concerning the rezoning application. b. That the proposed rezoning will not permit the USE of any area known to contain a COMMERCIAL MINERAL DEPOSIT as defined by state statutes in a manner which would interfere with the present or future extraction of such deposit by an EXTRACTOR to any greater extent than under the present zoning of the property. c. — No change. C. and D. — No change. Delete E. and F. Amend Sec. 23-2-50. Application requirements for Change of Zone. A. thru B.2. — No change. 3. Legal description of the property under consideration as determined from a certified boundary survey. 4. and 5. — No change. 6. Present zone and OVERLAY ZONING DISTRICT, if appropriate. 7. thru 11. — No change. 12. The applicant shall provide the Department of Planning Services with a certificate from the County Treasurer showing no delinquent property taxes for the parcel area. 13. thru 15. — No change. 16. The names and addresses of any owner, operator, or user of any irrigation ditch, lateral, or pipeline that traverses the property. C. REPEALED. (Combined with Subsection D.) D. A draft rezoning plat in electronic (.pdf) format shall be submitted as part of the general application. 1. REPEALED. 2. The scale of the map shall be one (1) inch equals one hundred (100) feet (1" = 100') or at other suitable scale when approved by the Department of Planning Services. The vicinity map shall be drawn at suitable scale on the land USE map (1" = 2000'). 3. The following information shall be shown: a. Certified boundary survey of the parcel under consideration, showing all bearings and distances outside the perimeter boundary lines. The closure error of the survey may not exceed one to five thousand (1:5,000). The boundaries and dimensions shall be shown to the nearest hundredth of a foot (or seconds of arc for angular dimensions and bearings). Curved boundaries and all curves on the rezoning plat shall include the radius of curve, central angle, chord distance, and bearing. Notation of non -tangent curves with radial bearings shall be shown to all points of non -tangency. b. Legal description, including total area involved, as certified and signed by the surveyor. The draft plat need not be signed or certified. PAGE 38 2019-2621 ORD2019-02 c. Title, scale and north arrow. The map shall be titled "Change of Zone Plat [case number]." The Department of Planning Services shall provide the appropriate number. d. Date of drawing. e. Current zoning. f . Proposed zoning. g. A vicinity map indicating the property with respect to adjacent STREETS/ROADS, rivers, and other major land features. h. Irrigation ditches on or within two hundred (200) feet of the property. i. Location of easements, RIGHTS -OF -WAY, and other similar interests of record on the parcel and within fifty (50) feet of the parcel. j. Location of all existing utilities (electricity, gas, water and sewer) on the parcel, as well as within fifty (50) feet of the parcel. k. SPECIAL FLOOD HAZARD AREAS on the property. I. GEOLOGIC HAZARD AREAS on the property. m. Mineral resource areas on the property. n. Areas of moderate or severe soil limitations as defined by the Natural Resources Conservation Service or by a soil survey and study prepared by a soils engineer or soil scientist for the USES and associated STRUCTURES permitted within the proposed zone district. o. Other information as may be reasonably required by the Department of Planning Services in order to determine that the application meets the standards and policies set forth in this Chapter and in Chapter 22. e -a snail -appear on the map: a..hru d. -No change. Delete 5. E. The following supporting documents shall be submitted as part of the general application: 1. Where an authorized agent signs the application for the fee owners, an authorization form provided by the Department of Planning Services signed by the fee owners. 2. thru 5. — No change. 6 Statements from PUBLIC WATER and PUBLIC SEWER utilities which indicate that they are able to provide service for the site. If PUBLIC utilities are not to be used, the applicant shall submit information which documents the availability of water and suitability of the site for the sewage disposal system chosen by the applicant. The evidence shall document the adequacy of the proposed utility service for the USES permitted in the proposed zone district. 7. A soil report of the site prepared by the Natural Resources Conservation Service or by a soils engineer or scientist. In those instances when the soil report indicates the existence of moderate or severe soil limitations for the USES proposed, the applicant shall detail the methods to be employed to mitigate the limitations. PAGE 39 2019-2621 ORD2019-02 8. If STREET/ROAD or highway facilities which provide access to the property are not adequate to meet the requirements of the proposed zone district, the applicant shill supply information which demonstrates willingness and financial capability to upgrade the STREET/ROAD or highway facilities in conformance with the Transportation Plan and thereby meet the requirements of Section 23-2-40 B.4 of this Chapter. This shall be shown by an Improvments Agreement or contract guaranteeing installation of improvements by the applicant made in conformance with the-uyCOUNTY policy on collateral for improvements. F approval of the Improvements Agreement will be a condition of obtaining �n Access Permit, pursuant to Section 12-5-10 et seq., and the Improvements Agreement shall meet the requirements of Appendix 12-A. If, accrding to maps and other information available to the COUNTY, the Department of P lanning Services determines that there appears to be a sand, gravel or other mineral resource on or under the subject property, the applicant shall provide a mineral resource statement prepared by a professional geologist as defined in C.R.S. Section 23-41-208(1)(b) or other qualified expert, including but not limited to a Colorado Geological S urvey employee. The statement shall indicate the estimated quantity of resources and the econ•mic feasibility of recovery, now and in the future, of the resources so that the P lanning Commission and Board of County Commissioners can determine whether a COMMERCIAL MINERAL DEPOSIT is contained on or under the subject properties. 10 If the proposed Change of Zone is located within an OVERLAY ZONING DISTRICT identified by maps officially adopted by the COUNTY, the applicant shall submit information which either documents how the COUNTY regulations concerning OVERLAY ZONING DISTRICTS have been satisfied or documents how the applicant intends to meet the requirements of the COUNTY regulations concerning OVERLAY ZONING DISTRICTS. 11. — No change. Delete 12 and renumber. E. Upon approval, the applicant shall submit the plat on Mylar or other drafting media approved by the Department of Planning Services, thirty-six (36) inches wide by twenty-four (24) inches high, along with all other documentation required as Conditions of Approval. The plat shall bear original signatures and seals in permanent black ink. The plat shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The plat shall be prepared in accordance with the requirements of Subsection 23-2-50.D of this Article. The plat shall be recorded within one hundred twenty (120) days from the date of the Board of County Commissioners resolution, or within a date specified by the Board of County Commissioners. The applicant shall be responsible for paying the recording fee. If a plat has not been recorded within one hundred twenty (120) days of the date of the approval of the Change of Zone (CZ), or within a date specified by the Board of County Commissioners, the Board may require the landowner to appear before it and present evidence substantiating that the C•Z has not been abandoned and that the applicant possesses the willingness and ability to record the plat. The Board of County Commissioners may extend the date for recording the plat. If the Board determines that conditions supporting the original approval of the C�Z cannot be met, the Board may, after a public hearing, revoke the COZ. G. Nothing in this Division 1 shall be interpreted as prohibiting the submittal of an application for a Site Plan Review or Use by Special Review concurrently with or prior to approval of a Change of Zone application. The Change of Zone plat shall be approved and recorded prior to recording of such Site Plan Review or Use by Special Review. If the Change of Zone is not approved, such Site Plan eview or Use by Special Review application shall be void. PAGE 40 2019-2621 ORD2019-02 Amend Sec. 23-2-60. Effective date of approved amendments. Any approved amendments to the Official Zoning Map shall be effective immediately upon approval by the Board of County Commissioners unless otherwise specified by the approving resolution of the Board of County Commissioners. However, no building permit shall be issued and no USE shall commence on the property until the plat required in Section 23-2-50.F is recorded. Division 2 - Amendments to Chapter Text Amend Sec. 23-2-110. Duties of Department of Planning Services. Upon submission of a request from the Board of County Commissioners for any proposed amendments to the text of this Chapter, the Department of Planning Services shall: A. and B. — No change. C. Set a Planning Commission hearing date and a Board of County Commissioners hearing date after the completion of the proposed amendment. D. Arrange for legal notice of hearings to be published once in the newspaper designated by the Board of County Commissioners for publication of notices. The date of publication shall be at least ten (10) days prior to the hearing. E. and F. — No change. Amend Sec. 23-2-130. Duties of Board of County Commissioners. A. REPEALED. Remainder of Section — No change. Division 3 - Site Plan Review Amend Sec. 23-2-150. Intent and applicability. A. — No change. B. An approved Site Plan Review is required for -eceU taTn USES as described in Article III of this Chapter, -and any PUD Districts where the proposed USE would require an approved Site Plan Review in an R-3, Commercial or Industrial Zone District. C. No land, BUILDING or STRUCTURE shall be_used, changed in USE or type of occupancy, DEVELOPED, erected, constructed, reconstructed, moved or structurally altered or operated in any zone district that requires a Site Plan Review until a Site Plan Review has been approved and a Site Plan Review map recorded by the Department of Planning Services. D. — No change. E. No Site Plan Review shall be required for: 1. Normal repairs and maintenance of an existing BUILDING or STRUCTURE. 2. Alterations which do not affect more than twenty-five percent (25%) of the external dimensions of an existing BUILDING or STRUCTURE unless such alterations are made to change the USE or type of occupancy within part or all of the altered BUILDING or STRUCTURE. 3. SIGNS, fencing, OIL AND GAS FACILITIES, or TEMPORARY STRUCTURES such as, but not limited to, those used for the sale of fireworks or Christmas trees. PAGE 41 2019-2621 ORD2019-02 F. The Board of County Commissioners delegates the authority and responsibility for processing, approving and enforcing Site Plan Reviews to the Department of Planning Services. The Department of Planning Services shall also have the responsibility of ensuring that all application submittal requirements are met prior to initiating any official action. Once an application is deemed complete, the Department of Planning Services shall send the application to applicable REFERRAL agencies listed in Appendix 23-G, as determined by the Department of Planning Services. The failure of any agency to respond within twenty-eight (28) days may be deemed a favorable response. All REFERRAL agency review comments are considered recommendations to the COUNTY. The authority and responsibility for approval and denial of a Site Plan Review application rests with the COUNTY. G. The Director of Planning Services may waive the Site Plan Review requirement for COMMERCIAL and INDUSTRIAL USES in a Planned Unit Development (PUD) upon determination that sufficient detailed information was submitted and reviewed in the Final PUD Plan. H. — No change. I. Any person filing an application for a Site Plan Review shall comply with Article V and Article XI of this Chapter if the proposal is located within any OVERLAY ZONING DISTRICT or a SPECIAL FLOOD HAZARD AREA identified by maps officially adopted by the COUNTY. J. — No change. K. Applications for a Site Plan Review located in a Regional Urbanization Area shall adhere to any and all applicable regulations in Chapter 26 and any other County ordinance in effect. L. The applicant or owner shall submit an Improvements Agreement agreeing to construct the required improvements as shown in the application, plans and other supporting documents. The Agreement shall be made in conformance with the County policy on collateral for improvements. The Agreement shall be approved by the Board prior to recording the Site Plan Review map, if applicable. Amend Sec. 23-2-160. Application requirements for site plan review. Any person wanting to apply for a Site Plan Review shall arrange for a preapplication conference with the Department of Planning Services. The purpose of the application is to give the applicant an opportunity to demonstrate, through written and graphic information, how the proposal complies with the standards of this Chapter. The following supporting documents shall be submitted as a part of the application: A. A Site Plan Review application form provided by the Department of Planning Services. B. — No change. C. REPEALED. D. REPEALED. E. thru G. — No change. H. REPEALED. (See Subsection R.) I. — No change. J. A statement indicating that the proposed USE meets the required Bulk Standards requirements of the zone district. K. — No change. PAGE 42 2019-2621 ORD2019-02 L. A plan describing any proposed signage, drawn to an appropriate scale, which shall include specifications of the proposed SIGN and SIGN STRUCTURE along with the method of construction and attachment to the BUILDING or ground. The position and distance of the SIGN in relation to property lines and BUILDINGS and STRUCTURES on the property shall be shown on the Site Plan Review map. The applicant shall apply for and receive a building permit for all proposed SIGNS. M. Statements describing that the LANDSCAPE requirements listed below have been met: 1. The LOT shall adhere to the LOT COVERAGE requirements of the zone district in which it is located, as shown in the Bulk Requirements in this Chapter, or Chapter 26 or 27, if applicable. Land shall not be deemed covered if it is used for growing grass, shrubs, trees, plants or flowers or if it is otherwise suitably LANDSCAPED. 2. That portion of a LOT which abuts a PUBLIC or private STREET/ROAD RIGHT-OF-WAY shall have a minimum ten -foot wide SETBACK that is LANDSCAPED, unless the LOT is governed by a more restrictive SETBACK that is LANDSCAPED contained in a PLANNED UNIT DEVELOPMENT, Chapter 26 of this Code or any other applicable County ordinance. The SETBACK that is LANDSCAPED is measured at a right angle from the existing or planned future RIGHT-OF-WAY. Sidewalks and driveways may pass through the required SETBACK. Delete 3 and 4 and renumber. 3. The applicant shall submit to the Department of Planning Services a maintenance plan for the proposed LANDSCAPE on the site. N. The applicant shall provide a narrative or preliminary drainage study in accordance with the stormwater drainage criteria requirements of this Code. O. — No change. P. A statement explaining that the loading/service areas meet the requirements in Article IV, Division 1 of this Chapter or a more restrictive section of this Code. Q. A statement explaining how the LOT(S) will have safe access to an approved PUBLIC or private STREET/ROAD and a traffic narrative describing the projected number of vehicle trips (average per day, maximum per day, peak hour data) to and from the site and the type of vehicles (passenger, semi -truck, etc.). The design designation of a STREET/ROAD or highway as to type shall be in conformance with that shown on the Transportation Plan and/or the MASTER PLAN of the affected municipality. A traffic impact study may be required. Improvements to adjacent STREETS/ROADS may be necessary to provide adequate safe and efficient transportation to and from the site. An Improvements Agreement may be required. R. A statement acknowledging that new accesses to PUBLIC RIGHTS -OF -WAY shall be constructed in accordance with this Code, and may require an access permit. S. REPEALED. T. A statement explaining that the trash collection areas or facilities are located, designed and used in a manner that shall be SCREENED from PUBLIC RIGHTS -OF -WAY and ADJACENT properties. These areas shall be designed and used in a manner that will prevent wind- or animal -scattered trash. PAGE 43 2019-2621 ORD2019-02 U. A statement explaining that the USE is compatible with the existing or future DEVELOPMENT of the surrounding areas as permitted by the existing zoning and with the future DEVELOPMENT of the area as projected by the Comprehensive Plan or MASTER PLAN of affected municipalities and any Intergovernmental Agreement. Such USE shall adhere to the following operation standards, to the extent that they are affected by location, layout and design prior to construction and operation. Once operational, the operation shall conform to the standards listed below: 1. Noise. USES shall be located, designed and operated in accordance with the noise standards as established in Section 25-12-101, et seq., C.R.S. 2. Air Quality. USES shall be located, designed and operated in accordance with the air quality standards established by the Colorado Air Quality Control Commission. 3. Water Quality. USES shall be located, designed and operated in accordance with the standards established by the Colorado Water Quality Control Commission. 4. — No change. 5. Heat. USES shall not emit heat in such an amount sufficient to raise the temperature of the air or of materials at or beyond the LOT line more than five (5) degrees Fahrenheit. 6. Glare. Any lighting used to illuminate an off-street parking area, outside storage area, outside activity area, SIGN or other STRUCTURE shall be arranged to deflect light away from any adjoining residential zone and from COUNTY STREETS/ROADS. Any lighting, including light from high -temperature processes such as welding or combustion, shall be designed, located and operated in such a manner as to meet the following standards: sources of light shall be shielded so that beams or rays of light will not shine directly onto ADJACENT properties; neither the direct nor reflected light from any light source may create a traffic hazard to operators of motor vehicles on PUBLIC or private STREETS/ROADS; and no colored lights may be used which may be confused with or construed as traffic control devices. 7. — No change. Delete 8. V. REPEALED. W. Site Plan Review Map. The applicant shall submit the draft map for preliminary approval to the Department of Planning Services in electronic (.pdf) format. The site plan map shall show and comply with the following requirements: 1. thru 5. — No change. 6. A vicinity map at a suitable scale. The map shall locate the site with respect to adjacent STREETS/ROADS and other major land features (1" = 2000'). 7. — No change. 8. The location and names of all STREETS/ROADS and highways abutting the LOT. 9. Existing and proposed landscaping, including existing and proposed trees, shrubs, ground covers, natural features such as rock outcroppings and other landscaping elements. The plan shall show where landscaping exists or will be located, along with planting and construction details, species name and size. Where existing plantings are to be retained, the applicant shall include in the plan proposed methods of protecting the plantings during construction. PAGE 44 2019-2621 ORD2019-02 10. — No change. 11. The location, dimensions and design of any existing and proposed SIGNS on the site. Distances from LOT lines shall be indicated. 12. — No change. 13. The location and dimensions of vehicular drives, entrances, exits, acceleration and deceleration lanes; location and dimensions of pedestrian entrances, exits, sidewalks and walkways. 14. General location, arrangement and dimensions of parking spaces, width of aisles, dimensions and angle of parking and other similar information. 15. Any other information deemed necessary by the Department of Planning Services. 16. The Site Plan Review map shall be titled "Site Plan Review No. ." The Department of Planning Services shall provide the appropriate number. 17. The Site Plan Review map shall bear the following certifications: a. Property owner's certificate: I, the undersigned, certify that the uses, buildings and structures located on this Site Plan Review are designed and will be constructed and operated in accordance with the development standards hereon and the district requirements for the Zone District as stated in Chapter 23 of the Weld County Code. I understand failure to comply with the development standards, applicable provisions of County Code, and/or any conditions of approval could result in the County initiating a compliance action against me or my successors. Signature of Property Owner The foregoing instrument was subscribed and sworn to be before me this day of , by WITNESS my hand and official seal. My commission expires: Notary Public b. Department of Planning Services' Administrative Review Certificate: This map is accepted and approved for filing. Director of Planning Services The foregoing certificate was acknowledged before me this day of ®, by WITNESS my hand and official seal. My commission expires: Notary Public X. REPEALED. PAGE 45 2019-2621 ORD2019-02 Y. The applicant shall provide the Department of Planning Services with a certificate from the County Treasurer showing no delinquent property taxes for the parcel area. Z. and AA. — No change. Delete BB thru DD and reletter. Amend Sec. 23-2-170. Changes and termination of use. A. Any approved Site Plan Review shall be limited to the items shown on the Site Plan Review map and the approved USE and type of occupancy. Major changes from the approved Site Plan Review map, USE or type of occupancy shall require the approval of an amended Site Plan Review by the Department of Planning Services. The Department of Planning Services is responsible for determining whether a major change exists, in which case a new Site Plan Review application and processing shall be required. Any other changes shall be filed in the Department of Planning Services in the approved Site Plan Review file. B. Construction of improvements pursuant to approval of a Site Plan Review shall be commenced, and continual progress shall be made, within three (3) years from the date of approval, or the approval shall terminate thirty (30) days following notice to the applicant. The Director of Planning Services may grant a one-time extension of up to one hundred twenty (120) days, for good cause shown, upon a written request by the landowner. Before this extension has expired, the applicant may seek a further extension from the Board of County Commissioners by written request to the Director of Planning. C. Approval of a Site Plan Review shall terminate when the USE is discontinued for a period of three (3) consecutive years or a new Site Plan Review is approved. Should the Department of Planning Services observe or receive credible evidence of a discontinuance for a period of three (3) consecutive years, the Department Director shall notify the applicant and property owner by first-class mail of such termination. The Director's decision to terminate the approval of the Site Plan Review may be appealed by the applicant and/or property owner pursuant to the provisions of Section 2-4-10 of this Code. Sec. 23-2-175. Corrections, approval and recording of the site plan review map. A. The Department of Planning Services shall notify the applicant of any deficiencies of the submittal and the deadline to correct said deficiencies, which shall be one hundred twenty (120) days. The Director of Planning Services may grant an extension, for good cause shown upon a written request by the applicant. If no written request is submitted or if the deficiencies are not corrected by the date specified by the Department of Planning Services, the application shall be rejected. B. Upon approval of the draft Site Plan Review map, the applicant shall submit a Site Plan Review map for recording, along with all other documentation required as conditions of approval. The map shall be delineated in nonfading permanent black ink on Mylar or other drafting media approved by the Department of Planning Services. The map shall bear original signatures and seals in permanent black ink. The size of each sheet shall be twenty-four (24) inches in height by thirty-six (36) inches in width. Upon completion of all conditions of approval, the map shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The applicant shall be responsible for paying the recording fee. The conditions of approval shall be met and the map recorded within one hundred twenty (120) days from the date the administrative review was signed. The Director of Planning Services may grant an extension, for good cause shown, upon a written request by the applicant. If no written request is submitted, if the Director of Planning Services denies the extension, or if the conditions are not met and the map recorded by the date specified by the Director of Planning PAGE 46 2019-2621 ORD2019-02 Services, the Site Plan Review approval shall be terminated. Amend Sec. 23-2-180. Enforcement procedures. A. It shall be a violation to operate without an approved Site Plan Review if one is required by this Chapter. Such violation may be enforced in accordance with the procedures set forth in Article X of this Chapter. B. A property owner who fails or refuses to comply with all requirements and conditions of an approved Site Plan Review shall be noticed in writing by the Director of Planning Services of such compliance deficiencies. Continued failure or refusal to comply may result in termination of the approved Site Plan Review. The Director shall notify the property owner by first-class mail of such termination. The Director's decision to terminate the approval of the Site Plan Review may be appealed by the applicant and/or property owner pursuant to the provisions of Section 2-4-10 of this Code. Delete C thru E. Division 4 - Uses by Special Review Amend Sec. 23-2-200. Intent and applicability. A. Uses by Special Review are USES which have been determined to be more intense or to have a potentially greater impact than the Uses Allowed by Right in a particular zone district. Therefore, Uses by Special Review require additional consideration to ensure that they are established and operated in a manner that is compatible with existing and planned land USES in the NEIGHBORHOOD. The additional consideration or regulation of Uses by Special Review, and the application to a Use by Special Review of Performance, Design and Operations Standards listed both herein, are designed to protect and promote the health, safety, convenience and general welfare of the present and future residents of the COUNTY. B. The Board of County Commissioners may approve the establishment of a Use by Special Review by granting a Special Review Permit. All requests for Special Review Permit shall be reviewed by the Planning Commission. The Planning Commission recommendation shall be forwarded to and considered by the Board of County Commissioners except for MAJOR FACILITIES OF PUBLIC UTILITIES OR PUBLIC AGENCIES, which shall require review and approval by the Planning Commission only as set forth in Division 5 of this Article II. C. Any person filing an application for a Special Review Permit shall comply with the COUNTY procedures and regulations as set forth herein. D. and E. — No change. F. The applicant or owner shall submit an Improvements Agreement agreeing to construct the required improvements, as shown in the application, plans and other supporting documents. The agreement shall be made in conformance with the County policy on collateral for improvements. The agreement shall be approved by the Board prior to recording the map, if applicable. Approval of the Improvements Agreement will be a condition of obtaining an Access Permit. G. Applications for Special Review Permits shall be accepted only for proposed USES on LEGAL LOT(S). An application for a Special Review Permit shall include the entire LOT(S) upon which the Special Review Permit will be located. PAGE 47 2019-2621 ORD2019-02 H. —he applicant shall submit the draft map for preliminary approval to the Department of Planning Services in electronic (.pdf) format. Upon approval, the applicant shall submit the map on Mylar or other drifting media approved by the Department of Planning Services, along with all other documentation required as Conditions of Approval. The map shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The map shall be prepared in accordance with the requirements of Subsection 23-2-260.D of this Article. The map shall be recorded within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. If a Use by Special Review (USR) map has not been recorded within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution, or within a date specified by the Board of County Commissioners, the Board may require the landowner to appear before it and present evidence substantiating that the Use by Special 'review (USR) has not been abandoned and that the applicant possesses the willingness and ability to record the Use by Special Review (US) map. The Board of County Commissioners may extend the date for recording the map. If the Board determines that conditions supporting the original approval of the Use by Special Review (USR) cannot be met, the Board may, after a public hearing, revoke the Use by Special Review (USR). mend Sec. ?3-2-210. Dfles of Department of Pilanning Services. Any person wanting to apply for a Use by Special Review shall arrange for a preapplication conference with the Department of Planning Services. A. — No change. B. Upon determination that the application submittal is complete, the Department of Planning Services shall: 1 Refer the application to the applicable agencies listed in Appendix 23-G, as determined by the Department of Planning Services. The failure of any agency to respond within twenty-eight (28) days may be deemed to be a favorable response. The reviews and comments solicited by the COUNTY are intended to provide the COUNTY with information about the proposed Use by Special Review. The Planning Commission and Board of County Commissioners may consider all such reviews and comments and may solicit additional information if such information is deemed necessary. The reviews and comments submitted by a REFERRAL agency are recommendations to the COUNTY. The authority for making the decision to approve or deny the request for a Special Review Permit rests witn the Board of County Commissioners. 2. Prepare staff comments for use by the Planning Commission addressing all aspects of the application, its conformance with Chapter 22 of this Code and any other applicable code provision or ordinance in effect, adopted MASTER PLANS of affected municipalities, sound land use planning practices, comments received from agencies to which the proposal was referred and standards contained in this Chapter. 3. Set a Planning Commission hearing date and a Board of County Commissioners hearing date 4. o No change. PAGE 48 2019-2621 ORD2019-02 5. Give notice of the application for a Special Review Permit and the public hearing dates to those persons listed in the application as owners of property located within five hundred (500) feet of the parcel under consideration. Such notification shall be mailed, first-class, not less than ten (10) days before the scheduled Planning Commission public hearing. Such notice is not required by state statute and is provided as a courtesy to surrounding property owners (the surface estate). Inadvertent errors by the applicant in supplying such list or the Department of Planning Services in sending such notice shall not create a jurisdictional defect in the hearing process, even if such error results in the failure of a surrounding property owner to receive such notification. 6. A sign shall be posted for the applicant on the property under consideration for a Use by Special Review permit. The sign shall be posted adjacent to and visible from a PUBLIC STREET/ROAD RIGHT-OF-WAY. In the event the property under consideration is not adjacent to a PUBLIC STREET/ROAD RIGHT-OF-WAY, one (1) sign shall be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a PUBLIC STREET/ROAD RIGHT-OF-WAY. The sign shall be posted at least ten (10) days prior to the Planning Commission hearing and evidenced with a photograph. The sign will include the following information: a. — No change. b. Date, place and time of Public Hearings. c. thru f. — No change. 7. Arrange for legal notice of hearings to be published in the newspaper designated by the Board of County Commissioners for publication of notices. At the discretion of the Board of County Commissioners, a second notice may be published in a newspaper which is published in the area in which the Use by Special Review is proposed. Failure to publish the second notice shall not create a jurisdictional defect in the hearing process. The date of publication shall be at least ten (10) days prior to the hearing. Amend Sec. 23-2-220. Duties of Planning Commission. A. The Planning Commission shall hold a hearing to consider the application for the Special Review Permit. The public hearing may involve either the Special Review Permit application alone or may include the review of concurrent applications under the COUNTY's provisions for Overlay Districts Regulations in Article V and Floodplain Regulations in Article XI of this Chapter. The Planning Commission shall provide recommendations to the Board of County Commissioners concerning the disposition of the requested Special Review Permit. The Planning Commission shall recommend approval of the request for the Special Review Permit only if it finds that the applicant has met the standards or conditions of this Subsection A and Sections 23-2-240 and 23-2-250 of this Division. The applicant has the burden of proof to show that the standards and conditions of this Subsection A and Sections 23-2-240 and 23-2-250 are met. The applicant shall demonstrate: 1. thru 3. — No change. 4. That the USES which would be permitted will be compatible with future DEVELOPMENT of the surrounding area as permitted by the existing zoning and with the future DEVELOPMENT as projected by Chapter 22 of this Code or MASTER PLANS of affected municipalities. PAGE 49 2019-2621 ORD2019-02 5. That the application complies with Articles V and XI of this Chapter if the proposal is located within an OVERLAY ZONING DISTRICT or a SPECIAL FLOOD HAZARD AREA identified by maps officially adopted by the COUNTY. 6. and 7. — No change. B. — No change. C. If the Planning Commission recommendation is conditional upon the applicant completing certain specified items prior to the hearing by the Board of County Commissioners, the ten-day period shall commence upon submission of the items by the applicant to the Department of Planning Services. Amend Sec. 23-2-230. Duties of Board of County Commissioners. A. REPEALED. B. The Board of County Commissioners shall hold a public hearing to consider the application and to take final action thereon. In making a decision on the proposed Use by Special Review, the Board of County Commissioners shall consider the recommendation of the Planning Commission, and from the facts presented at the public hearing and the information contained in the official record which includes the Department of Planning Services case file, the Board of County Commissioners shall approve the request for the Special Review Permit only if it finds that the applicant has met the standards or conditions of this Subsection B and Sections 23-2-240 and 23-2-250 of this Division. The applicant has the burden of proof to show that the standards and conditions of this Subsection B and Sections 23-2-240 and 23-2-250 of this Division are met. The applicant shall demonstrate: 1. thru 4. — No change. 5. That the application complies with Articles V and XI of this Chapter if the proposal is located within any OVERLAY ZONING DISTRICT or a SPECIAL FLOOD HAZARD AREA identified by maps officially adopted by the County. 6. That if the USE is proposed to be located in the A (Agricultural) Zone District, the applicant has demonstrated a diligent effort has been made to conserve PRIME FARMLAND in the locational decision for the proposed USE. Remainder of Section — No change. Amend Sec. 23-2-240. Design standards. A. An applicant for a Use by Special Review shall demonstrate compliance with the following design standards in the application and shall continue to meet these standards if approved for DEVELOPMENT. 1. and 2. — No change. 3. If soil conditions on the site are such that they present moderate or severe limitations to the construction of STRUCTURES or facilities proposed for the site, the applicant has demonstrated how such limitations can and will be mitigated. 4. — No change. 5. USES shall comply with the stormwater drainage criteria requirements set forth in this Code. PAGE 50 2019-2621 ORD2019-02 6. All parking and vehicle storage shall be provided on the site. Parking and loading areas shall be designed and constructed in accordance with Division 1 of Article IV of this Chapter. 7. The USE shall comply with all the Bulk Standards requirements of the zone district. 8. — No change. 9. New accesses to PUBLIC RIGHTS -OF -WAY shall be constructed in accordance with this Code. 10. Buffering or SCREENING of the proposed USE from ADJACENT properties may be required in order to make the determination that the proposed USE is compatible with the surrounding USES. Buffering or SC E.ENING may be accomplished through a combination of berming, landscaping and fencing. 11. — NL change. 12. The placement of SIGNS on the site shall comply with the requirements of Article IV, Division 2 and Apoendixes 23-C, 23-O, ;nd 23-E of this Chapter, unless a waiver therefrom is requested in the application and granted by the Board of County Commissioners as part of the Use by Special Review Permit. Offsite SIGNS shall not be permitted through the USR permit process. 13. A —s to ant explaining that the Itrash collection areas or facilities shall be SCREENED from PUBLIC RIGHTS -OF -WAY and ADJACENT properties. These areas shall be designed and used in a manner that will prevent wind- or animal -scattered trash. Delete B. Amen • Sec. 7,3-2=250o •peratoon standards. An apolicant for a Special Review Permit shall demonstrate conformance with the following operation standards in the Special Review Permit application to the extent that the standards affect location, layout and design of the Use by Special Review prior to construction and operation. Once operational, the operation of the USES permitted shall conform to these standards. A. The operation of the USES shall comply with the noise standards enumerated in Section 25-12-101, et seq., C.R.S. B. thru D.1. — No change. 2. Neither direct nor reflected light from any light source may create a traffic hazard to operators of motor vehicles on PUBLIC or private ST,E1 TS/ROADS and no colored lights m{y be used which my be confused with or construed as traffic control devices. E. and F. — No change. G. Any off -site and on -site Improvements Agreement shall be made in conformance with the County policy on collateral for improvements. Amend Sec. 23-2-260. Appication requirements. A. The purpose of the application is to give the petitioner an opportunity to demonstrate through written and graphic information how the proposal complies with the standards of this C iapter. The following supporting documents shall be submitted as a part of the application except for those items determined by the Director of Planning Services, in writing, or the Board of County Commissioners, in the record, to be unnecessary to a decision on the application. 1. thru 4. — No change. PAGE 51 2019-2621 ORD2019-02 5. A statement which explains that the application complies with Article V and Article Xl of this Chapter if the proposal is located within any OVERLAY ZONING DISTRICT or a SPECIAL FLOOD HAZARD AREA identified by maps officially adopted by the COUNTY. 6. and 7. — No change. 8. The applicant shall provide a narrative or preliminary drainage study in accordance with the stormwater drainage criteria requirements of this Code. 9. A narrative explaining how the LOT(S) will have safe access to an approved PUBLIC or private STREET/ROAD and a traffic narrative describing the projected number of vehicle trips (average per day, maximum per day, peak hour data) to and from the site and the type of vehicles (passenger, semi -truck, etc.). The design designation of a STREET/ROAD or highway as to type shall be in conformance with that shown on the Transportation Plan and/or the MASTER PLAN of the affected municipality. A traffic impact study may be required. Improvements to adjacent STREETS/ROADS may be necessary to provide adequate safe and efficient transportation to and from the site. An Improvements Agreement may be required. B. The following general information shall be submitted: 1. thru 6. — No change. 7. Present zone and OVERLAY ZONING DISTRICTS, if appropriate. 8. thru 10. — No change. 11. The applicant shall provide the Department of Planning Services with a certificate from the County Treasurer showing no delinquent property taxes for the parcel area. 12. REPEALED. 13. and 14. — No change. 14. The applicant shall submit a signed copy of the notice of inquiry form demonstrating that the IGA municipality does not wish to annex if required by the IGA. 15. A proposed plan for installation of desired SIGNS following the standards set forth in Chapter 23, Article IV, Division 2. 16. — No change. 17. The names and addresses of any owner, operator, or user of any irrigation ditch, lateral, or pipeline that traverses the property. C. A detailed description of the proposed operation and USE shall be supplied. Details for the following items, when applicable, are required: 1. thru 7. — No change. 8. REPEALED. 9. Sewage facilities. 10. thru 17. — No change. D. Special Review Permit Plan Map. 1. The map shall be delineated on Mylar or other drafting media approved by the Department of Planning Services. 2. thru 4.c.3) — No change. PAGE 52 2019-2621 ORD2019-02 4) The general classifications and distribution of soils over the parcel under consideration. Soil classification names and agricultural capability classifications shall be noted in the legend. 5) Locations and names of all STREETS/ROADS, irrigation ditches and water features. 6) Location of all residences within a one -half -mile radius, existing and proposed accesses to the property proposed for the Use by Special Review, any abutting SUBDIVISION outlines and names, and the boundaries of any ADJACENT municipality. 7) Any other relevant information within a one -half -mile distance of the perimeter of the property proposed for the Use by Special Review as may be reasonably required by the COUNTY to meet the intent and purpose of this Chapter. 5. Plot Plan. A plot plan of the Use by Special Review area shall be drawn on the Special Review Permit Plan Map. a. The scale of the plot plan shall be one (1) inch equals one hundred (100) feet or at another suitable scale if approved by the Department of Planning Services. b. The plot plan shall outline the boundaries of the LOT(S) being considered for the Use by Special Review. c. The plot plan shall include the location and identification of all of the following items within a two -hundred -foot radius of the boundaries of the LOT(S), as well as within the LOT(S) itself; it shall also include the proposed features and STRUCTURES of the Use by Special Review: 1) All PUBLIC RIGHTS -OF -WAY of record (including names). 2) thru 6) — No change. 7) Topography at ten -foot contour intervals or at intervals as determined necessary by the Department of Planning Services. 8) thru 11) — No change. 12) Location of any SPECIAL FLOOD HAZARD AREA, GEOLOGIC HAZARD AREA, or mineral resource areas. 13) The location of any SIGN requiring zoning approval. Distances from property lines shall be indicated. 14) — No change. E. Supporting Documents. The following supporting documents shall be submitted as part of the application: 1. If an authorized agent signs, a letter of authorization signed by all fee owners shall be included with the application. If the property is owned by a corporation, evidence that the signatory has the legal authority to sign for the corporation shall be included. 2. thru 5. — No change. PAGE 53 2019-2621 ORD2019-02 6 For a RESIDENTIAL THERAPEUTIC CENTER, submittal of a report demonstrating the need for the facility; data about the background, experience and financial capacity of the proposed operator; applicable licenses; and analysis of the impact of the facility to the area and any other information relevant to evaluating the compatibility of the proposed facility. The County may waive or modify these requirements, particularly if there is a risk of harm to the future occupants (e.g., case of a domestic violence shelter). F. The application fee. An additional fifty (50) percent of the permit fee shall be added to the cost of the Special Review Permit application fee if the USE is started prior to issuance of a Special Review Permit. The payment of the investigation fee shall not relieve any persons from fully complying with the requirements of this Chapter, nor from any other penalties. Amend Sec. 23-2-270. Development standards. An applicant for a Special Review Permit shall demonstrate conformance with and shall continue to meet any DEVELOPMENT STANDARDS approved and adopted by the COUNTY. The DEVELOPMENT STANDARDS shall be placed on the Special Review Permit Plan Map prior to recording. Noncompliance with any of the approved DEVELOPMENT STANDARDS may be reason for revocation or suspension of the special review permit by the Board of County Commissioners. Civil penalties in lieu of a suspension may also be imposed with the express prior agreement of the applicant. The availability of these remedies in no way limits the Board of County Commissioners from seeking or applying any other remedies which are available for noncompliance with the DEVELOPMENT STANDARDS. Amend Sec. 23-2-280. Changes to a Special Review Permit. A. — No change. B. Any decrease in the land area occupied by a Use by Special Review Permit shall qualify the landowner to be able to request a partial vacation of the Use by Special Review from the Board of County Commissioners, permitting the following: 1. thru 3.a. — No change. b. Submit a revised Use by Special Review map to the Department of Planning Services illustrating the vacated portion of the property and the existing permit. The revised map shall include a note stating that the partial vacation does not create separate parcels. 4. — No change. 5. Once approved, the applicant shall submit a map conforming to Subsection 23-2-260.D of this Code. This map shall illustrate the vacated portions of the property/operation. The map shall contain two (2) vicinity maps. The first shall illustrate the use boundary prior to the partial vacation. The second shall illustrate the use boundary after the partial vacation. PAGE 54 2019-2621 ORD2019-02 C. The applicant shall submit the draft map for preliminary approval to the Department of Planning Services in electronic (.pdf) format. Upon approval of the draft map, the applicant shall submit a final map for recording, along with all other documentation required as conditions of approval. The map shall be delineated in nonfading permanent black ink on Mylar or other drafting media approved by the Department of Planning Services. The map shall bear original signatures and seals in permanent black ink. Upon completion of all conditions of approval, the map shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The applicant shall be responsible for paying the recording fee. The conditions of approval shall be met and the map recorded within one hundred twenty (120) days from the date the resolution was signed. If the map has not been recorded within one hundred twenty (120) days from the date the resolution was signed, or if an applicant is unable to meet all of the conditions within one hundred twenty (120) days of approval, the applicant may request an extension from the Director of Planning Services. The Director of Planning Services may grant a one-time extension of up to one hundred twenty (120) days, for good cause shown, upon a written request by the applicant. Before this extension has expired, the applicant may seek a further extension from the Board of County Commissioners by written request to the Director of Planning. If the Board of County Commissioners denies the extension or if the conditions are not met and the map recorded by the date specified by the Board, the approval shall be voided, and the application denied. Amend Sec. 23-2-285. Minor amendments. A. Minor amendments to any approved Use by Special Review and SITE SPECIFIC DEVELOPMENT PLAN may be approved, approved with conditions, or denied administratively by the Planning Services Director and may be authorized without additional public hearings. Such minor amendments may be authorized by the Planning Services Director as long as the DEVELOPMENT application, as amended, continues to comply with these standards and regulations, at least to the extent of its original compliance. The Planning Services Director's approval shall be in writing and contain findings of fact. B. Once the application that is subject of this section is deemed complete by the Department of Planning Services, the Department of Planning Services shall send the application to applicable agencies listed in Appendix 23-G, as determined by the Department of Planning Services. The failure of any agency to respond within twenty-eight (28) days may be deemed a favorable response. All REFERRAL agency review comments are considered recommendations. The authority and responsibility for approval and denial of the amendment rests with the Department of Planning Services. C. Review criteria for minor amendments to a Use by Special Review Application and SITE SPECIFIC DEVELOPMENT PLAN. To approve a minor amendment, the Planning Services Director shall consider the following review criteria and find that each criterion has been met or determined to be inapplicable: 1. The proposed changes will be compatible with existing and allowed USES in the surrounding area and be in harmony with the NEIGHBORHOOD. 2. and 3. — No change. 4. The recommendations of REFERRAL agencies have been considered. 5. — No change. 6. The proposed changes shall be consistent with the original DEVELOPMENT STANDARDS. PAGE 55 2019-2621 ORD2019-02 D. The Planning Services Director may refer a Minor Amendment to the Board of County Commissioners and schedule a public hearing. If such hearing is scheduled, the staff shall: 1. Arrange for legal notice of said hearing to be published in the newspaper designated by the Board of County Commissioners for publication of notices at least ten (10) days prior to the hearing. 2. Give notice of the application and the public hearing date to those persons listed in the application as owners of property located within five hundred (500) feet of the parcel under consideration. Such notification shall be mailed, first-class, not less than ten (10) days before the scheduled public hearing. Such notice is not required by state statute and is provided as a courtesy to surrounding property owners (the surface estate). Inadvertent errors by the applicant in supplying such list or the Department of Planning Services in sending such notice shall not create a jurisdictional defect in the hearing process, oven if such error results in the failure of a surrounding property owner to receive such notification. 3. Post a sign on the property under consideration in a location readily visible from the adjacent PUB IC STREET/ROAD RIGHT-OF-WAY. The sign will be posted t least ten (10) days preceding the hearing date for the Board of County Commissioners' hearing. In the event the property under consideration is not adjacent to a PUBLIC STREET/ROAD RIGHT -`%F -WAY, a second sign at the point at which the driveway (access drive) intersects a PUBLIC STREET/ROAD RIGHT-OF-WAY will be posted. The sign posting will be evidenced with a photograph. E. Preapplication Conference. It shall be at the discretion of the Department of Planning Services to determine if a preapplication conference is necessary to meet with the applicant and discuss information pertaining to the amendment. The standard preapplication form shall be used F. Application Fee. An additional fifty percent (50%) of the permit fee shall be added to the cost of the Minor Amendment Special Review permit application fee when the USE is started without a Minor Amendment Special Review permit. The payment of the investigation fee shall not relieve any persons from fully complying with the requirements of this Chapter, nor from any other penaltics. G. Application Requirements: 1. — No change. 2. One (1) copy of the Special eview map; twenty-four (24) inches by thirty-six (36) inches. See Subsection LI below for map requirements. 3. One (1) eight -and -one-half inch by eleven -inch reduced copy of the twenty -four -inch by thirty -six-inch Special Review map. 4. thru 9. — No change. 10. One (1) copy of the affidavit and the certified list of the names, addresses and the corresponding parcel identification number assigned by the County Assessor of the owners of property (the surface estate) within five hundred (500) feet of property being considered. This list shall be compiled from the records of the County Assessor, the County website, ws.co.weld.co.us, or a person qualified to do the task, and shall be current as of a date no more than thirty (30) days prior to the date the application is submitted to the Department of Planning Services. 11. REPEALED. PAGE 56 2019-2621 ORD201 9-02 12. thru 14. — No change. Delete 15. H. Questionnaire. The following questions are to be answered and submitted as part of the Minor Amendment application. Of a question does not pertain to your use, please respond with "not applicable," with an explanation as to why the question is not applicable. 1. and 2. — No change. 3. What type of USES surround the site (explain how the proposed use is consistent no compatible with surrounding land USES). 4. Describe, in detail, the following: a. thru c. — No change. d. Type and number of STRUCTURES to be erected (built) on this site. e. thru I. — No change. I. SITE SPECIFIC DEVELOPMENT PLAN and Use •2oy Special Review (USR) Map Requirements. The map requirements for Minor Amendments shall be the same as required in Subsection 23-2-260.D, except that the certificate for the Planning Commission's signature shall be replaced with one for the Director of Planning Services and the certificates for the Board of County Commissioners and the Clerk to the Board are only required if the application is referred to the toard of County Commissioners. Delete remainder of Subsection L. J. The applicant shall submit the draft map for preliminary approval to the Department of Planning Services in electronic (.pdf) format. Upon approval of the draft map, the applicant shall submit a fin_:l map for recording, along with all other documentation required as conditions of approval. The map shall be delineated in nonfading permanent black ink on Mylar or other drafting media approved by the Department of Planning Services. The map shall bear original signatures and seals in permanent black ink. Upon completion of all conditions of approval, the map shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The applicant shall be responsible for paying the recording fee. The conditions of approval shall be met and the map recorded within one hundred twenty (120) days from the date the administrative review was signed. If the map has not been recorded within one hundred twenty (120) d,:ys from the date the administrative review was signed (or from the date the resolution was signed, if approved by the Board of County Commissioners), or if an applicant is unable to meet all of the conditions within one hundred twenty (120) days of approval, the applicant may request an extension from the Director of Planning Services. The Director of Planning Services may grant a one-time extension of up to one hundred twenty (120) days, for good cause shown, upon a written request by the applicant. Before this extension has expired, the applicant may seek a further extension from the Board of County Commissioners by written request to the Director of Planning. If the toard of County Commissioners denies the extension or if the conditions are not met and the map recorded by the date specified by the Board, the approval shall be voided, and the application denied. A end Sec. 23-2-290. Termination of use. A. and B. — No change. C. REPEALED. PAGE 57 2019-2621 ORD2019-02 D. In such cases where the Use by Special Review has terminated but the landowner does not agree to request to vacate the Use by Special Review Permit, a hearing shall be scheduled with the Board of County Commissioners to provide the landowner an opportunity to request that the Use by Special Review Permit not be vacated, for good cause shown. The landowner shall be notified at least ten (10) days prior to the hearing. If the Board of County Commissioners determines that the Use by Special Review has terminated and no good cause has been shown for continuing the permit, then the termination becomes final and the Use by Special Review Permit is vacated. E. — No change. Delete F. Division 5 - Special Review Permits for Major Facilities of Public Utility or Public Agency Amend Sec. 23-2-300. Applicability. A. and B. — No change. Delete C. Amend Sec. 23-2-330. Duties of Department of Planning Services. A. — No change. B. Upon determination that a submitted application is complete, the staff of the Department of Planning Services shall: 1. Refer the application to the applicable agencies listed in Appendix 23-G, as determined by the Department of Planning Services. The failure of any agency to respond within twenty-eight (28) days may be deemed to be a favorable response to the proposal. The reviews and comments solicited by the COUNTY are intended to provide the COUNTY with information on the proposal. The Planning Commission may consider all such reviews and comments and may solicit additional information if such information is deemed necessary. The reviews and comments submitted by a REFERRAL agency are recommendations to the COUNTY. The authority for making the decision to approve or deny the proposal rests with the Planning Commission. 2. Prepare staff comments and recommendations for presentation at the Planning Commission hearing, addressing all aspects of the application, its conformance with this Chapter and Chapter 22 of this Code and comments received from REFERRAL agencies. 3. thru 5. — No change. 6. Give notice of application for a Special Review Permit and the public hearing date to those persons listed in the application as owners of property located within five hundred (500) feet of the parcel under consideration. For ELECTRIC TRANSMISSION LINE projects, notice of application shall be given for surface property owners for five hundred (500) feet on either side of the centerline of the proposed preferred alignment, and to interest holders (excluding mineral interests) in any real property proposed to be physically disturbed or crossed by the activity or DEVELOPMENT which is the subject of the application. Such notification shall be mailed, first-class, no less than ten (10) days before the scheduled public hearing. Such notice is not required by state statute and is provided as a courtesy to surrounding property owners (the surface estate). Inadvertent errors by the applicant in supplying such list, or the Department of Planning Services in sending such notice, shall not create a jurisdictional defect in the hearing process even if such error results in the failure of a surrounding property owner to receive such notification. PAGE 58 2019-2621 ORD2019-02 Delete 7 thru 9. Amend Sec. 23-2-370. Application requirements. An adequate number of copies of the application for a Special Review Permit shall be submitted by the applicant to the Department of Planning Services. An application for a Special Review Permit shall contain the following information in such form as prescribed by the Department of Planning: A. thru D.13. — No change. 14. Additional information required for ELECTRIC TRANSMISSION LINES: a. thru 15.d. — No change. e. A letter from each utility company indicating its intention and ability to serve the DEVELOPMENT. f. A list of the names and addresses of all the local governments and special districts which would be affected by the DEVELOPMENT, and a statement of the anticipated overall impact on local governments and special district service capabilities, including: education, police protection, fire protection, water, sewer, health services and STREET/ROAD maintenance services. g. thru i. — No change. j. A description of any routine haul routes, identifying the STREETS/ROADS and bridges involved and the weight of the loads. k. — No change. E. The names and addresses of any owner, operator, or user of any irrigation ditch, lateral, or pipeline that traverses the property. F. The application fee. An additional fifty (50) percent of the permit fee shall be added to the cost of the application fee if the USE is started prior to issuance of a Special Review Permit. The payment of the investigation fee shall not relieve any persons from fully complying with the requirements of this Chapter, nor from any other penalties. Amend Sec. 23-2-380. Drawing requirements for facilities plan plats. A. The general drawing requirements for Facilities Plan Plats for SUBSTATION sites, oil and gas STORAGE AREAS and POWER PLANT sites are as follows: 1. An electronic (.pdf) version of the plat shall be submitted concurrently with the written application. 2. If approved, the plat shall be delineated in drawing ink on Mylar or other drafting media approved by the Department of Planning Services. The dimensions of the map shall be twenty-four (24) inches by thirty-six (36) inches. 3. The plat shall be prepared and certified by a land surveyor registered in the State. B. thru C.3. — No change. 4. Show the name and location of all streams, including normally dry streams, ponds or other bodies of water, existing structures, STREETS/ROADS, bridges, irrigation ditches, oil and gas wells, utility lines, LANDSCAPE features and easements. 5. Show the size and location of proposed STRUCTURES or associated facilities such as access drive, parking area, LANDSCAPED area and fencing. PAGE 59 2019-2621 ORD2019-02 6. — No change. D. Legend. The legend shall include: 1. — No change. 2. DEVELOPMENT STANDARDS governing the location, design, construction and operation of the proposed facility. 3. thru 5. — No change. E. Upon approval, the applicant shall submit the plat, along with all other documentation required as conditions of approval. The plat shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services within one hundred twenty (120) days from the date of the Planning Commission resolution. The applicant shall be responsible for paying the recording fee. If a Use by Special Review (USR) plat has not been recorded within one hundred twenty (120) days from the date of the Planning Commission resolution, or within a date specified by the Planning Commission, the Planning Commission may require the applicant to appear before it and present evidence substantiating that the Use by Special Review (USR) has not been abandoned and that the applicant possesses the willingness and ability to record the Use by Special Review (USR) plat. The Planning Commission may extend the date for recording the plat. If the Planning Commission determines that conditions supporting the original approval of the Use by Special Review (USR) plat cannot be met, the Planning Commission may, after a public hearing, revoke the Use by Special Review (USR). Amend Sec. 23-2-390. Drawing requirements for utility line plan maps. A. The general drawing requirements for Utility Line Plan Maps for ELECTRIC TRANSMISSION LINES are as follows: 1. — No change. 2. An electronic (.pdf) version of the alternate route map set shall be submitted concurrently with the written application. 3. The selected route map set shall be submitted for recording after approval of a route by the Planning Commission. B. and C. — No change. D. Legend. A legend shall be included consisting of the following items: 1. DEVELOPMENT STANDARDS governing the location, design, construction and operation of the proposed facility. 2. thru 4. — No change. PAGE 60 2019-2621 ORD2019-02 E. Upon approval, the applicant shall submit the map, along with all other documentation required as conditions of approval. The map shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services within one hundred twenty (120) days from the date of the Planning Commission resolution. The applicant shall be responsible for paying the recording fee. If a Use by Special Review (USR) map has not been recorded within one hundred twenty (120) days from the date of the Planning Commission resolution, or within a date specified by the Planning Commission, the Planning Commission may require the applicant to appear before it and present evidence substantiating that the Use by Special Review (USR) has not been abandoned and that the applicant possesses the willingness and ability to record the Use by Special Review (USR) map. The Planning Commission may extend the date for recording the map. If the Planning Commission determines that conditions supporting the original approval of the Use by Special Review (USR) map cannot be met, the Planning Commission may, after a public hearing, revoke the Use by Special Review (USR). Amend Sec. 23-2-400. Standards. The Planning Commission may approve an application for site selection and construction or expansion of a MAJOR FACILITY OF A PUBLIC UTILITY only if all applicable requirements of this Division are met, and the applicant has shown that the application is consistent with the following standards: A. thru L. — No change. M. Where a proposed POWER PLANT is to be located in an area where a sufficient housing supply is unavailable for the anticipated immigrant construction force, the applicant for the location of such a facility shall present plans showing how housing will be provided for such workers without creating major negative impacts on existing residents in the impacted communities. N. — No change. O. Applicants for activities reviewed pursuant to this Division 5 as MAJOR FACILITIES OF PUBLIC UTILITIES shall have the burden of proof to demonstrate that there is a need for the facility within the proposed area of service, and the Planning Commission shall be satisfied that a need exists as part of the determinations for any such permit. Division 6 - Use by Special Review Permits for PIPELINE - DOMESTIC WATER Amend Sec. 23-2-460. Prohibition of construction without permit. No person shall locate or construct a PIPELINE - DOMESTIC WATER in the unincorporated COUNTY without first obtaining a Use by Special Review Permit pursuant to this Division 6. Amend Sec. 23-2-470. Duties of department of planning services. A. — No change. B. Upon determination that a submitted application is complete, the staff of the Department of Planning Services shall: PAGE 61 2019-2621 ORD2019-02 1. Refer the application to the applicable agencies listed in Appendix 23-G, as determined by the Department of Planning Services. The failure of any agency to respond within twenty-eight (28) days may be deemed to be a favorable response. The reviews and comments solicited by the COUNTY are intended to provide the COUNTY with information about the proposed Use by Special Review. The Planning Commission and Board of County Commissioners may consider all such reviews and comments and may solicit additional information if such information is deemed necessary. The reviews and comments submitted by a REFERRAL agency are recommendations to the COUNTY. The authority for making the decision to approve or deny the request for a Use by Special Review Permit rests with the Board of County Commissioners. 2. Prepare staff comments for use by the Planning Commission addressing all aspects of the application, its conformance with Chapter 22 of this Code and any other applicable code provision or ordinance in effect, adopted MASTER PLANS of affected municipalities, sound land use planning practices, comments received from agencies to which the proposal was referred and standards contained in this Chapter. 3. Set a Planning Commission hearing date and a Board of County Commissioners hearing date. 4. — No change. 5. Notice of application for a PIPELINE - DOMESTIC WATER and the public hearing dates shall be given to surface property owners within one hundred fifty (150) feet on each side of the centerline of the proposed preferred alignment, and to fee interest holders (excluding mineral interests) in any real property proposed to be physically disturbed or crossed by the activity or DEVELOPMENT which is the subject of the application. Such notification shall be mailed, first-class, no less than ten (10) days before the scheduled Planning Commission public hearing. Such notice is not required by state statute and is provided as a courtesy to surrounding property owners (the surface estate). Inadvertent errors by the applicant in supplying such list, or the Department of Planning Services in sending such notice, shall not create a jurisdictional defect in the hearing process even if such error results in the failure of a surrounding property owner to receive such notification. 6. Prepare staff comments and recommendations for presentation at the Board of County Commissioners hearing, addressing all aspects of the application, its conformance with this Chapter and Chapter 22 of this Code and comments received from REFERRAL agencies. 7. Arrange for legal notice of hearings to be published once in the newspaper designated by the Board of County Commissioners for publication of notices. At the discretion of the Board of County Commissioners, a second notice may be published in a newspaper published in the area in which the construction is proposed. Failure to publish the second notice shall not create a jurisdictional defect in the hearing process. The date of publication shall be at least ten (10) days prior to the hearing. PAGE 62 2019-2621 ORD2019-02 Amend Sec. 23-2-480. Duties of planning commission. A. The Planning Commission shall hold a hearing to consider the application for the Use by Special Review Permit. The Planning Commission shall provide recommendations to the Board of County Commissioners concerning the disposition of the requested Use by Special Review Permit. The Planning Commission shall recommend approval of the request for the Use by Special Review Permit only if it finds that the applicant has met the standards or conditions of Section 23-2-480 of this Division and Chapter 22 of the Weld County Code. The applicant has the burden of proof to show that the standards and conditions of Section 23-2- 480 of this Division and Chapter 22 of the Weld County Code are met. The applicant shall demonstrate: 1. — No change. 2. The PIPELINE - DOMESTIC WATER will not have an undue adverse effect on existing and future DEVELOPMENT of the surrounding area, as set forth in applicable MASTER PLANS. 3. thru 7. — No change. 8. No adverse impact from stormwater runoff to the PUBLIC RIGHTS -OF -WAY and/or surrounding properties as a result of the PIPELINE - DOMESTIC WATER. B. — No change. C. If the Planning Commission recommendation is conditional upon the applicant completing certain specified items prior to the hearing by the Board of County Commissioners, the ten- day period shall commence upon submission of the items by the applicant to the Department of Planning Services. Amend Sec. 23-2-490. Duties of Board of County Commissioners. The Board of County Commissioners shall hold a hearing to consider the application for construction or expansion of a PIPELINE — DOMESTIC WATER. The Board of County Commissioners may approve the application only if all applicable requirements of this Division are met, and the applicant has shown that the application is consistent with Chapter 22 of the Weld County Code and the following standards: A. — No change. B. The PIPELINE - DOMESTIC WATER will not have an undue adverse effect on existing and future DEVELOPMENT of the surrounding area as set forth in applicable MASTER PLANS. C. thru G. — No change. H. No adverse impact from stormwater runoff to the PUBLIC RIGHTS -OF -WAY and/or surrounding properties shall result from the PIPELINE - DOMESTIC WATER. Amend Sec. 23-2-510. Application requirements. An adequate number of copies of the application for a Use by Special Review Permit shall be submitted by the applicant to the Department of Planning Services. An application for a Use by Special Review Permit shall contain the following information in such form as prescribed by the Department of Planning Services: A. — No change. B. Address of the applicant. C. Summary statement of the project, to include when applicable: PAGE 63 2019-2621 ORD2019-02 1. thru 2.d. — No change. e. Informetin of any Neighborhood Meeting conducted, to include the location, da time, attendance and method of advertising. f.thruk. —Ii Ho change. e, I. A description of any haul routes to be used during construction, identifying T t ETS/ROADS and bridges involved and the weight of the loads. m. Soils reports required for pipeline crossings or any pipeline encroaching in PUBLIC RIGHT-OF-WAY, if required by the Department of Public Works. n. — No change. D. A certified list of the names, addresses and the corresponding Parcel Identific,,tion Numbers assigned by the Couity Assessor of owners of surface pr•perties located within 150 feet of the PIPELINE — DOMESTIC WATER. The source of such list shall be the records of the County Assessor, or an ownership update from a title, abstract company, or attorney derived from such records, or from the records of the County Clerk and Recorder. If the list was assembled from the recrds of the County Assessor, the applicant shall certify that such list was assembled within thirty (30) days of the application submission date. E. The names "nd addresses of any owner, operator, or user of any irrigation ditch, lateral, or 071 pipeline that traverses the property. F. he application fee. An additional fifty (50) percent of the permit fee shall be added to the cost of the application fee if the USE is started prior to issuance of a Special Review Permit. The payrnert of the investigation fee shall not relieve any persons from fully comp ying with the requirements of this Chapter, nor from any other penalties. mead Sec. 2322=52®0 MapplIng requirements for PDPELINE - DOMESTIC WATER. A. thru C. — No change. D. Include a detailed map showing the approved route through the County. The approved route shall be displayed on a 1:200 scale map. The map shall show the recorded easements for the `l DOMESTIC NiV TER. The map shall -lso include the location of the existing -and future right-of-way above ground appurtenances, including, but not limited to, valve sites, laydown yards, parking and stging areas, temporary and permanent access points. The map shall include the location of the following items which exist within the easement boundaries: 1. The physical location of the STREET/ROAD. 2. All existing and future PUBLIC RIGHTS -OF -WAY. 3. thru 5. — No change. 6. Top•graphy at ten -foot contour intervals or at intervals as determined necessary by the Department of Planning Services. /. Identify GEOLOGIC HAZA 8. — No change. AREAS and/or SPECIAL FLOOD HAZARD AREAS. E. Include detailed drawing of pipeline at intersection of any COUNTY STREET/ROAD, section line, or bridge. Drawings at intersections must be in plan and profile, and shall be at a scale of 1:100 or as determined by the Department of Public Works. PIPELINE - DOMESTIC WATER must meet the minimum requirements for cover, as determined by the Department of Public Works. PAGE 64 2019-2621 RD2010-02 F. — No change. G. DEVELOPMENT STANDARDS. Remainder of Section — No change. Division 7 — REPEALED. Division 8 — REPEALED. Division 9 — Fees. Amend Sec. 23-2-900. Fees established. Fees shall be collected in accordance with this Division 9 and Section 5-7-10 of this Code. Remainder of Division — No change. ARTICLE III - Zone Districts Division 1 - A (Agricultural) Zone District Amend Sec. 23-3-10. Intent. Agriculture in the COUNTY is considered a valuable resource which must be protected from adverse impacts resulting from uncontrolled and undirected business, industrial and residential land USES. The A (Agricultural) Zone District is established to maintain and promote agriculture as an essential feature of the COUNTY. The A (Agricultural) Zone District is intended to provide areas for the conduct of agricultural activities and activities related to agriculture and agricultural production, and for areas for natural resource extraction and energy development, without the interference of other, incompatible land USES. Amend Sec. 23-3-20. Uses allowed by right outside of subdivisions and historic townsites. No BUILDING, STRUCTURE or land shall be used and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the A (Agricultural) Zone District on LOTS outside of SUBDIVISIONS and HISTORIC TOWNSITES except for one (1) or more of the following USES. A. ANIMAL BOARDING and animal TRAINING FACILITIES where the maximum number of ANIMAL UNITS or HOUSEHOLD PETS permitted in Section 23-3-70.D below is not exceeded and traffic to and from the facility does not exceed sixty (60) daily trips. B. Asphalt or concrete batch plant and borrow pits used TEMPORARILY and exclusively for an on -site construction project or the completion of a PUBLIC STREET/ROAD improvements project where the subject property is at, on, or near the STREET/ROAD on which improvements are being made. The six-month limitation for this TEMPORARY USE may be extended in six-month increments at the discretion of the Director of Planning Services up to two (2) times, and thereafter by the Board of County Commissioners. C. CAMPING, FISHING, HUNTING, and noncommercial WATER SKIING. D. COUNTY grader sheds. E. FARMING and GARDENING, including STRUCTURES for storage of agricultural equipment and agricultural products and confinement or protection of LIVESTOCK. Converted, partially dismantled, modified, altered or refurbished MANUFACTURED HOMES shall not be utilized as agriculturally exempt BUILDINGS or for the storage of agricultural equipment or agricultural products or confinement or protection of LIVESTOCK. PAGE 65 2019-2621 ORD2019-02 F. NONCOMMERCIAL TOWERS no taller than seventy (70) feet. (See Article IV, Division 10, of this Chapter.) G. Police, ambulance, and fire stations or facilities. H. PUBLIC parks. I. PUBLIC SCHOOLS. J. Sand, soil, and aggregate MINING that qualifies for a single limited impact operation under Section 34-32-110 C.R.S. (a 110 permit) or is exempt from any permits from the Colorado Division of Reclamation, Mining, and Safety, generates no more than five thousand (5,000) cubic yards of material per year for off -site USE, and does not involve crushing, screening, or other processing. An Improvements Agreement, as determined by the Department of Public Works, may be required prior to commencement of operations. K. One (1) SINGLE-FAMILY DWELLING, FOSTER CARE HOME, or GROUP HOME per LEGAL LOT L. TELECOMMUNICATIONS ANTENNA TOWERS no taller than thirty-five (35) feet. (See Article IV, Division 10, of this Chapter.) M. UTILITY SERVICE FACILITIES. N. Water tanks, agriculture -related. Delete O thru CC. Amend Sec. 23-3-30. Accessory uses outside of subdivisions and historic townsites. The following BUILDINGS, STRUCTURES and USES shall be allowed in the A (Agricultural) Zone District on LOTS outside of SUBDIVISIONS and HISTORIC TOWNSITES so long as they are clearly incidental and ACCESSORY to an allowed USE. A. One (1) caregiver of medical marijuana grown and sold pursuant to the provision of Article 43.3, Title 12, C.R.S., and for a purpose authorized by Section 14 of Article XVIII of the Colorado Constitution per LEGAL LOT as per Article VII, Chapter 12, of this Code. B. Up to two (2) CARGO CONTAINERS per LEGAL LOT of less than eighty (80) acres. Up to five (5) CARGO CONTAINERS may be allowed per LEGAL LOT of eighty (80) or more acres. C. NONCOMMERCIAL JUNKYARD, as long as it is ENCLOSED within a BUILDING or STRUCTURE or SCREENED from all ADJACENT properties and PUBLIC RIGHTS -OF - WAY in conformance with a SCREENING plan approved by the Department of Planning Services. D. OFFICES. E. OUTDOOR STORAGE of materials accessory to an allowed USE, as long as the materials are SCREENED from ADJACENT LOTS and RIGHTS -OF -WAY. F. Parking areas and parking STRUCTURES, including parking of one (1) COMMERCIAL VEHICLE per LEGAL LOT. G. Up to two (2) SEMI -TRAILERS used as ACCESSORY storage per LEGAL LOT. H. STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3-20. I. WIND GENERATORS allowed as ACCESSORY USES in Section 23-4-450 of this Chapter. PAGE 66 2019-2621 ORD2019-02 Delete remainder of Section. Sec. 23-3-35. - Uses allowed by permit outside of subdivisions and historic townsites. No USE listed in this Section shall commence construction or operation in the A (Agricultural) Zone District on LOTS outside of SUBDIVISIONS and HISTORIC TOWNSITES without prior approval of a land use permit from the Department of Planning Services or Department of Public Health and Environment, as applicable. A. AGRICULTURAL PRODUCTION permitted under Division 17 of Article IV of this Chapter. B. AGRITAINMENT, agriculture -related EVENT FACILITIES, AGRITOURISM, and HUNTING LODGES permitted under Division 17 of Article IV of this Chapter. C. AIRPORTS and AIRSTRIPS, including crop -dusting operations, permitted under Division 17 of Article IV of this Chapter. D. AUXILIARY QUARTERS, which shall require approval of a certificate of compliance by the Department of Planning Services to ensure the USE complies with the definition in Section 23-1-90 of this Code. E. BED AND BREAKFAST FACILITIES permitted under Division 17 of Article IV of this Chapter. F. Disposal of BIOSOLIDS and/or DOMESTIC SEPTAGE permitted under Chapter 14 of this Code. G. BREW PUBS, BREWERIES, DISTILLERIES, and WINERIES permitted under Division 17 of Article IV of this Chapter. H. COMMUNITY BUILDINGS permitted under Division 17 of Article IV of this Chapter. I. CONTRACTOR'S SHOPS permitted under Division 17 of Article IV of this Chapter. J. CUSTOM MEAT PROCESSING permitted under Division 17 of Article IV of this Chapter. K. Farm equipment sales, repair and installation facilities permitted under Division 17 of Article IV of this Chapter. L. Golf courses permitted under Division 17 of Article IV of this Chapter. M. Grain, seed, feed, and fertilizer retail and wholesale sales permitted under Division 17 of Article IV of this Chapter. N. HOME OCCUPATIONS permitted under Division 13 of Article IV of this Chapter. O. Keeping between five (5) and eight (8) HOUSEHOLD PETS of one (1) species, or between eight (8) and sixteen (16) HOUSEHOLD PETS of two (2) or more species and, in addition, up to thirty (30) birds, permitted under Division 17 of Article IV of this Chapter. P. LANDSCAPING COMPANIES permitted under Division 17 of Article IV of this Chapter. Q. LIVESTOCK salebarns permitted under Division 17 of Article IV of this Chapter. R. MANUFACTURED HOMES and STRUCTURES permitted under Division 3 of Article IV of this Chapter. S. NONCOMMERCIAL TOWERS between seventy (70) and one hundred thirty (130) feet in height permitted under Division 10 of Article IV of this Chapter. T. OIL AND GAS FACILITIES permitted under Division 10 of Article II of this Chapter. U. PIPELINES - NATURAL GAS or PIPELINES - PETROLEUM PRODUCTS OTHER THAN PAGE 67 2019-2621 ORD2019-02 NATURAL GAS permitted under Division 11 of Article II of this Chapter. V. RECREATIONAL FACILITIES, PUBLIC and PRIVATE, permitted under Division 17 of Article IV of this Chapter. W. One (1) second SINGLE-FAMILY DWELLING per LEGAL LOT, subject to the provisions of Division 8 of Article IV of this Chapter. X. SHOOTING RANGES permitted under Division 17 of Article IV of this Chapter. Delete X. SMALL SCALE SOLAR FACILITIES. Y. TELECOMMUNICATIONS ANTENNA TOWERS between thirty-five (35) and seventy (70) feet in height. (See Article IV, Division 10, of this Chapter.) Z. TEMPORARY seasonal USES permitted under Division 7 of Article IV of this Chapter. AA. Veterinary clinics or animal hospitals permitted under Division 17 of Article IV of this Chapter. BB. WIND GENERATORS requiring a zoning permit under Division 6 of Article IV of this Chapter. Amend Sec. 23-3-40. Uses by special review outside of subdivisions and historic townsites. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained on LOTS outside of SUBDIVISIONS and HISTORIC TOWNSITES in the A (Agricultural) Zone District upon approval of a Special Review Permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter, or Article II, Division 5, in the case of MAJOR FACILITIES OF PUBLIC UTILITIES OR PUBLIC AGENCIES. A. ANIMAL BOARDING and animal TRAINING FACILITIES where the maximum number of ANIMAL UNITS permitted in Section 23-3-70.D below is exceeded or traffic to and from the facility exceeds sixty (60) average daily trips. Delete B and reletter. B. CAMPGROUNDS. C. More than the number of CARGO CONTAINERS allowed by Section 23-3-30. D. CHILD CARE CENTERS. E. COMMERCIAL rodeos and COMMERCIAL roping arenas. Delete G and reletter. F. CEMETERIES. G. CHURCHES. H. COMMERCIAL RECREATIONAL FACILITIES. CORRECTIONAL FACILITIES, subject to Article XV, Section 15-5, of the Weld County Charter. J. EVENT FACILITIES not agriculture -related. K. Keeping, raising or boarding of EXOTIC ANIMALS. L. HOME BUSINESSES. M. HELIPORTS. PAGE 68 2019-2621 ORD2019-02 N. KENNELS, subject to the additional requirements of Section 23-4-400. O. LIVESTOCK CONFINEMENT OPERATIONS, subject to the additional requirements of Section 23-4-350. P. LUMBERYARDS/WOODWORKING. Q. MAJOR FACILITIES OF PUBLIC UTILITIES OR PUBLIC AGENCIES in accordance with Division 5 of Article II of this Chapter. R. MEDIUM SCALE SOLAR FACILITY, subject to the additional requirements of Section 23- 5-1030. S. Open MINING and processing of minerals, subject to the additional requirements of Article IV, Division 4, of this Chapter. T. MULTI -FAMILY DWELLINGS for persons PRINCIPALLY employed at or engaged in FARMING. U. NONCOMMERCIAL TOWERS requiring approval of a Use by Special Review. V. OIL AND GAS STORAGE FACILITIES. W. OIL AND GAS SUPPORT AND SERVICE. X. ORGANIC FERTILIZER PRODUCTION/COMPOSTING FACILITIES. Y. OUTDOOR STORAGE of PUBLIC utility -related equipment. Z. PIPELINES - DOMESTIC WATER in accordance with Division 6 of Article II of this Chapter. AA. Private SCHOOLS. BB. RACING FACILITIES. CC. REPAIR SERVICE ESTABLISHMENT. DD. RESEARCH LABORATORIES. EE. RESIDENTIAL THERAPEUTIC CENTERS. FF. More than the number of SEMI -TRAILERS as ACCESSORY storage allowed by right or by permit. GG. SMALL SCALE SOLAR FACILITIES, subject to the additional requirements of Section 23- 4-1030. HH. Solid and hazardous waste disposal sites and facilities requiring Certificate of Designation in accordance with Sections 12-8-10 and 23-4-380 of this Code. II. TELECOMMUNICATION ANTENNA TOWERS requiring approval of a Use by Special Review. JJ. TRANSLOADING. KK. USES similar to the USES listed as permitted as long as the USE complies with the general intent of the Zone District. LL. WIND GENERATORS requiring the issuance of Special Review Permit under Division 6 of Article IV of this Chapter. PAGE 69 2019-2621 ORD2019-02 Sec. 23-3-45. Uses allowed by right in subdivisions and historic townsites. No BUILDING, STRUCTURE or land shall be used, and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the A (Agricultural) Zone District in SUBDIVISIONS or HISTORIC TOWNSITES except for one (1) or more of the following USES ANIMAL BOARDING and animal TRAINING FACILITIES where the maximum number of ANIMAL UNITS permitted in Section 23-3-70.D below is not exceeded and traffic to and from the facility does not exceed sixty (60) daily trips. B. CAMPING, FISHING, HUNTING, and noncommercial WATER SKIING. C. COUNY grader sheds. D. FARMING and GARDENING including STRUCTURES for storage of agricultural equipment and agricultural products and confinement or protection of LIVESTOCK. Converted, partially dismantled, modified, altered or refurbished MANUFACTURED HOMES shall not be utilized as agriculturally exempt BUILDINGS or for the storage of agricultural equipment or agricultural products or confinement or protection of LIVESTOCK. E. NONCOMMERCIAL TOWERS no taller than seventy (70) feet. (See Section 23-4-895.) F. Police, ambulance, and fire stations or facilities. G. PUBLIC parks. H. PUBLIC SCHOOLS. I. One (1) SINGLE-FAMILY DWELLING, FOSTER CARE HOME, or GROUP HOME per LEGAL LOT. J. TELECOMMUNICATIONS ANTENNA TOWERS no taller than thirty-five (35) feet. (See Article IV, Division 10, of this Chapter.) K. UTILITY SERVICE FACILITIES. L. Water tanks, agriculture -related. Amend Sec. 23-3-50. - Accessory uses in subdivisions and townsites. The following BUILDINGS, STRUCTURES and USES shall be allowed in the A (Agricultural) Zone District on LOTS in SUBDIVISIONS and HISTORIC TOWNSITES so long as they are clearly incidental and ACCESSORY to an allowed USE. Note: The combined GROSS FLOOR AREA of all ACCESSORY BUILDINGS constructed after August 25, 1981 on LOTS of less than ten (10) acres in SUBDIVISIONS and HISTORIC TOWNSITES shall not exceed four (4) percent of the total LOT area, except in Regional Urbanization Areas, which shall adhere to RUA development standards. However, in no case shall such an ACCESSORY BUILDING exceed twice the GROSS FLOOEA of the principal DWELLING UNIT on the LOT except by VARIANCE. Any ACCESSORY STRUCTURE made nonconforming by application of this Section may be repaired, replaced or restored in total. A. One (1) caregiver of MEDICAL MAPc-I-J-UANAmedical marFuana that is grown and sold pursuant to the provision of Article 43.3, Title 12, C.R.S., and for a purpose authorized by Section 14 of Article XVIII of the Colorado Constitution per LEGAL LOT as per Article VII, Chapter 12, of this Code. B One (1) CARGO CONTAINER per LEGAL LOT. PAGE 70 2019-2621 ORD2019-02 C. NONCOMMERCIAL JUNKYARD, as long as it is ENCLOSED within a BUILDING or STRUCTURE or SCREENED from all ADJACENT properties and PUBLIC RIGHTS -OF -WAY in conformance with a SCREENING plan approved by the Department of Planning Services. D. OFFICES. OUTDOOR STORAGE of materials accessory to an allowed USE, as long as the materials are SCREENED from ADJACENT LOTS and RIGHTS -OF -WAY. F. Parking areas and parking STRUCTURES, not including parking of COMMERCIAL VEHICLES. G. STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3-45. H. WIND GENERATORS allowed as ACCESSORY USES in Section 23-4-450 of this Chapter. Sec. 23-3-55. Uses allowed by permit in subdivisions and historic townsites. No USE listed in this Section shall commence construction or operation in the A (Agricultural) Zone District on LOTS in SUBDIVISIONS and HISTORIC TOWNSITES without prior approval of a land use permit from the Department of Planning Services or Department of Public Health and Environment, as applicable. A. AGRITAINMENT, agriculture -related EVENT FACILITIES, AGRITOURISM, and HUNTING LODGES permitted under Division 17 of Article IV of this Chapter. B. AUXILIARY QUARTERS, which shall require approval of a certificate of compliance by the Department of Planning Services to ensure the USE complies with the definition in Section 23-1-90 of this Code. C. BED AND BREAKFAST FACILITIES permitted under Division 17 of Article IV of this Chapter. D. BREW PUBS, BREWERIES, DISTILLERIES, and WINERIES permitted under Division 17 of Article IV of this Chapter. E. Parking of one (1) COMMERCIAL VEHICLE per LEGAL LOT permitted under Division 12 of Article IV of this Chapter. F. COMMUNITY BUILDINGS permitted under Division 17 of Article IV of this Chapter. G. CONTRACTOR'S SHOPS permitted under Division 17 of Article IV of this Chapter. H. Farm equipment sales, repair and installation facilities permitted under Division 17 of Article IV of this Chapter. I. Golf courses permitted under Division 17 of Article IV of this Chapter. J. HOME OCCUPATIONS permitted under Division 13 of Article IV of this Chapter. K. Keeping between five (5) and eight (8) HOUSEHOLD PETS of one (1) species, or between eight (8) and sixteen (16) HOUSEHOLD PETS of two (2) or more species and, in addition, up to thirty (30) birds, permitted under Division 17 of Article IV of this Chapter. L. MANUFACTURED HOMES and STRUCTURES permitted under Division 3 of Article IV of this Chapter. M. NONCOMMERCIAL TOWERS between seventy (70) and one hundred thirty (130) feet in height permitted under Section 23-4-895. PAGE 71 2019-2621 ORD2019-02 N . OIL AND GAS FACILITIES permitted under Division 10 of Article II of this Chapter. O. PIPELINES - NATURAL GAS or PIPELINES - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS permitted under Division 11 of Article II of this Chapter. P . RECREATIONAL FACILITIES, PUBLIC and PRIVATE, permitted under Division 17 of Article IV of this Chapter. 0. One (1) SEMI -TRAILER used as ACCESSORY storage per LEGAL LOT permitted under Division 11 of Article IV of this Chapter. R. SHOOTING RANGES permitted under Division 17 of Article IV of this Chapter. Delete R — SMALL SCALE SOLAR FACILITIES... S . TELECOMMUNICATIONS ANTENNA TOWERS between thirty-five (35) and seventy (70) feet in height permitted under Division 10 of Article IV of this Chapter. T. TEMPORARY seasonal USES permitted under Division 7 of Article IV of this Chapter. U . Veterinary clinics or animal hospitals permitted under Division 17 of Article IV of this Chapter. V. WIND GENERATORS requiring a zoning permit under Division 6 of Article IV of this Chapter. Amend Sec. 23-3-60. Uses by special review in subdivisions. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained on LOTS in SUBDIVISIONS in the A (Agricultural) Zone District upon approval of a Special Review Permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. A. ACCESSORY BUILDINGS with GROSS FLOOR AREA larger than four (4) percent of the total LOT area, as detailed in Section 23-3-50 above. B. AGRICULTURAL PRODUCTION. C. ANIMAL BOARDING and animal TRAINING FACILITIES where the maximum number of ANIMAL UNITS permitted in Section 23-3-70.D below is exceeded or traffic to and from the facility exceeds sixty (60) daily trips. D. CAMPGROUNDS. E. More than one (1) CARGO CONTAINER. F. CEMETERIES. G. CHILD CARE CENTERS. H. CHURCHES. I. COMMERCIAL RECREATIONAL FACILITIES J. COMMERCIAL rodeos and COMMERCIAL roping arenas. K. Disposal of DOMESTIC SEPTAGE permitted under Chapter 14 of this Code. L. EVENT FACILITIES not agriculture -related. M. Keeping, raising or boarding of EXOTIC ANIMALS. N . Grain, seed, feed, and fertilizer retail and wholesale sales. PAGE 72 2019-2621 ORD2019-02 O. HOME BUSINESSES. P. KENNELS. Q. LIVESTOCK salebarns. R. MEDIUM SCALE SOLAR FACILITIES, subject to the additional requirements of Section 23- 4-1030. S. ORGANIC FERTILIZER PRODUCTION/COMPOSTING FACILITIES. T. OUTDOOR STORAGE of PUBLIC utility -related equipment. U. Private SCHOOLS. V. REPAIR SERVICE ESTABLISHMENT. W. RESIDENTIAL THERAPEUTIC CENTERS. X. RESTAURANTS. Y. One (1) second SINGLE-FAMILY DWELLING per LEGAL LOT, subject to the provisions of Division 8 of Article IV of this Chapter. Z. More than the number of SEMI -TRAILERS as ACCESSORY storage allowed by right or by permit. AA. SMALL SCALE SOLAR FACILITIES, subject to the additional requirements of Section 23-4-1030. BB. USES similar to the USES listed as permitted as long as the USE complies with the general intent of the Zone District. CC. WIND GENERATORS requiring the issuance of Special Review Permit under Division 6 of Article IV of this Chapter. Sec. 23-3-65. Uses by special review in historic townsites. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained on LOTS in HISTORIC TOWNSITES in the A (Agricultural) Zone District upon approval of a Special Review Permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. A. ACCESSORY BUILDINGS with GROSS FLOOR AREA larger than four (4) percent of the total LOT area, as detailed in Section 23-3-32 above. B. AGRICULTURAL PRODUCTION. C. AIRPORTS and AIRSTRIPS, including crop -dusting operations. D. ANIMAL BOARDING and animal TRAINING FACILITIES where the maximum number of ANIMAL UNITS permitted in Section 23-3-70.D below is exceeded or traffic to and from the facility exceeds sixty (60) daily trips. E. CAMPGROUNDS. F. CAR WASHES and gas stations. G. More than one (1) CARGO CONTAINER. H. CEMETERIES. I. CHILD CARE CENTERS. PAGE 73 2019-2621 ORD2019-02 J. CHURCHES. K. COMMERCIAL RECREATIONAL FACILITIES L. COMMERCIAL rodeos and COMMERCIAL roping arenas. M. COMMERCIAL SCHOOLS. Delete N and rer-s 3mc ;;letter. N . CUSTOM MEAT PROCESSING. O. Disposal of DOMESTIC SEPTAGE permitted under Chapter 14 of this Code. P . EVENT FACILITIES not agriculture -related. Q. Keeping, raising or boarding of EXOTIC ANIMALS. R. FUNERAL HOMES or mortuaries. S . Grain, seed, feed, and fertilizer retail and wholesale sales. T. HELIPORTS. U . HOME BUSINESSES. V. HOTELS/MOTELS. W. KENNELS. X. LANDSCAPING COMPANIES. Y. LIVESTOCK salebarns. Z. LUMBERYARDS/WOODWORKING. AA. MEDIUM SCALE SOLAR FACILITIES, subject to the additional requirements of Section 23-4-1030. BB. NIGHTCLUBS, BARS, LOUNGES OR TAVERNS. CC. ORGANIC FERTILIZER PRODUCTION/COMPOSTING FACILITIES. DD. OUTDOOR STORAGE of PUBLIC utility -related equipment. EE. Private SCHOOLS. FF. REPAIR SERVICE ESTABLISHMENT. GG. RESIDENTIAL THERAPEUTIC CENTERS. HH. RESTAURANTS. II. RETAIL/SERVICE ESTABLISHMENT. JJ. One (1) second SINGLE-FAMILY DWELLING per LEGAL LOT, subject to the provisions of Division 8 of Article IV of this Chapter. KK. More than the number of SEMI -TRAILERS as ACCESSORY storage allowed by right or by permit. LL. SMALL SCALE SOLAR FACILITIES, subject to the additional requirements of Section 23-4-1030. MM. TRANSLOADING. PAGE 74 2019-2621 ORD2019-02 NN. USES similar to the USES listed as permitted as long as the USE complies with the general intent of the Zone District. OO. WIND GENERATORS requiring the issuance of Special Review Permit under Division 6 of Article IV of this Chapter. Sec. 23-3-70. Bulk requirements. The following lists the bulk requirements for the A (Agricultural) Zone District. Land in the A (Agricultural) Zone District is subject to the requirements contained in this Section. A. Minimum LOT size: 1. Irrigated: eighty (80) acres (or is a parcel otherwise recognized as half of a quarter section) 2. Dry: eighty (80) acres (or is a parcel otherwise recognized as half of a quarter section). 3. LOTS less than eighty (80) acres in size: a. Within an HISTORIC TOWNSITE, as defined in Sec. 23-1-90 of this Code; b. Created prior to September 20, 1961; c. Created in compliance with the Weld County Subdivision Regulations; d. Created in compliance with the Weld County Subdivision Ordinance, Weld County Ordinance 173; or e. Created in compliance with Chapter 24 of the Weld County Code. B. Minimum SETBACK: twenty (20) feet. Roadside stands shall be located not less than fifty (50) feet from any PUBLIC RIGHT-OF-WAY. C. Minimum OFFSET: three (3) feet, or one (1) foot for each three (3) feet of BUILDING HEIGHT, whichever is greater. D. Maximum number of ANIMAL UNITS permitted per acre: in accordance with the number shown in the table associated with the definition of ANIMAL UNITS set forth in Section 23-1-90 of this Code. The maximum number of HOUSEHOLD PETS per LOT shall be four (4) HOUSEHOLD PETS of one (1) species or a total of seven (7) HOUSEHOLD PETS of two (2) or more species, except that on a LOT of at least ten (10) acres and not in a SUBDIVISION or HISTORIC TOWNSITE the owner or occupant shall be permitted to keep or maintain up to eight (8) HOUSEHOLD PETS of one (1) species or sixteen (16) HOUSEHOLD PETS of two (2) or more species, and up to thirty (30) birds. E. No occupied BUILDING or STRUCTURE shall be constructed within two -hundred (200) feet of any TANK BATTERY, within one hundred -fifty (150) feet of any oil and gas wellhead or within twenty-five (25) feet of any plugged or abandoned oil and gas well. F. Sources of light shall be shielded so that beams or rays of light will not shine directly onto ADJACENT properties. Neither the direct nor reflected light from any light source may create a traffic hazard to operators of motor vehicles on PUBLIC or private STREETS/ROADS. No colored lights may be used which may be confused with or construed as traffic control devices. PAGE 75 2019-2621 ORD2019-02 Division 2 - Residential Zone Districts Sec. 23-3-100. Intent. The R-1, R-2, R-3, R-4 and R-5 Residential Zone Districts are intended to provide present and future residents of the COUNTY with areas in which to locate and establish a variety of residential land USES and land USES that are compatible with residential areas. The Residential Zone Districts are typically located in County Urban Growth Boundaries, Urban Development Nodes, Regional Urbanization Areas or other areas where adequate services and infrastructure are currently available or reasonably obtainable. Sec. 23-3-105. Water and sewer requirements. A. For all R Zone Districts, all USES requiring water on LEGAL LOTS created prior to August 25, 1981 shall provide evidence that an adequate source of water and an adequate sewage disposal system are available prior to the issuance of a building permit. The sewage disposal system shall comply with the On -Site Wastewater Treatment System regulations contained in Chapter 30 of this Code or shall be served by PUBLIC SEWER service. LEGAL LOTS created prior to August 25, 1981, but later combined to form a larger LOT shall be considered as having been created prior to said date for the purpose of this section. B. USES requiring water on all other LOTS in R Zone Districts shall be served by PUBLIC WATER from a water district or municipality and PUBLIC SEWER service. Amend Sec. 23-3-110. R-1 (Low -Density Residential) Zone District. A. Intent. The purpose of the R-1 Zone District is to provide areas predominantly for suburban - scale SINGLE-FAMILY residential USE that are located, designed and developed in compliance with the applicable requirements of this Code. The R-1 Zone District is also intended to accommodate nonresidential land USES that are ACCESSORY to or compatible with residential USES. This Zone District may serve as a transition between E and R-2 Zone Districts and should be located such that driveways will be located on low -traffic, local PUBLIC or private STREETS/ROADS or ALLEYS. B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be_used, and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the R-1 Zone District except for one (1) or more of the following USES. 1. FISHING and noncommercial WATER SKIING. 2. GARDENING. 3. One (1) NONCOMMERCIAL TOWER up to forty (40) feet in height per LEGAL LOT. (See Section 23-4-895.) 4. PUBLIC parks. 5. PUBLIC SCHOOLS. 6. One (1) SINGLE-FAMILY DWELLING, FOSTER CARE HOME, or GROUP HOME FACILITY per LEGAL LOT. 7. UTILITY SERVICE FACILITIES. Delete 8. thru 10.a. C. Uses allowed subject to Site Plan Review. The following USES shall be allowed in the R-1 Zone District following approval and recording of a Site Plan in accordance with Article II, Division 3, of this Chapter. PAGE 76 2019-2621 ORD2019-02 1. CHURCHES. 2. COMMUNITY BUILDINGS. 3. Golf courses. 4. Police, ambulance, and fire stations or facilities. 5. Private SCHOOLS. 6. RECREATIONAL FACILITIES, PUBLIC and PRIVATE. D. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in the R-1 Zone District so long as they are clearly incidental and ACCESSORY to an allowed USE. Note: The combined GROSS FLOOR AREA of all ACCESSORY BUILDINGS constructed after the original effective date of this Chapter (August 25, 1981) on LOTS of less than ten (10) acres in SUBDIVISIONS and HISTORIC TOWNSITES shall not exceed four (4) percent of the total LOT area, except in Regional Urbanization Areas (RUA), which shall adhere to RUA development standards. However, in no case shall such an ACCESSORY BUILDING in a SUBDIVISION or HISTORIC TOWNSITE exceed twice the GROSS FLOOR AREA of the principal DWELLING UNIT on the LOT except by VARIANCE. Any ACCESSORY BUILDING made nonconforming by application of this Section may be repaired, replaced or restored in total. 1. Parking areas and parking STRUCTURES, not including parking of COMMERCIAL VEHICLES. 2. STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3-110.B, not including CARGO CONTAINERS. 3. Swimming pools, tennis courts and similar ACCESSORY USES and STRUCTURES. 4. WIND GENERATORS allowed as ACCESSORY USES in Section 23-4-450 of this Chapter. E. Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or operation in the R-1 Zone District without prior approval of a land use permit from the Department of Planning Services. 1. HOME OCCUPATIONS - CLASS I permitted under Division 13 of Article IV of this Chapter. 2. One (1) NONCOMMERCIAL TOWER between forty (40) and seventy (70) feet in height per LEGAL LOT permitted under Section 23-4-895. 3. OIL AND GAS FACILITIES permitted under Division 10 of Article II of this Chapter. 4. PIPELINES - NATURAL GAS or PIPELINES - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS permitted under Division 11 of Article II of this Chapter. 5. WIND GENERATORS requiring a zoning permit under Division 6 of Article IV of this Chapter. F. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained in the R-1 Zone District upon approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. 1. ACCESSORY BUILDINGS with a GROSS FLOOR AREA larger than four (4) percent of the total LOT area, as detailed in Subparagraph D above. 2. BED AND BREAKFAST FACILITIES. PAGE 77 2019-2621 ORD2019-02 3. CEMETERIES. 4. CHILD CARE CENTERS. 5. HOSPITALS, nursing homes, rehabilitation centers. 6. PIPELINES - DOMESTIC WATER in accordance with Division 6 of Article II of this Chapter. 7. RESIDENTIAL THERAPEUTIC CENTERS. 8. USES similar to the USES listed as permitted as long as the USE complies with the general intent of the Zone District. 9. WIND GENERATORS requiring the issuance of Special Review Permit under Division 6 of Article IV of this Chapter. Amend Sec. 23-3-120. R-2 (Duplex Residential) Zone District. A. Intent. The purpose of the R-2 Zone District is to provide areas for DUPLEX residential USES that are located, designed and developed in compliance with the applicable requirements of this Code. The R-2 Zone District is also intended to accommodate nonresidential land USES that are ACCESSORY to or compatible with residential USES. This Zone District may serve as a transition between R-1 and R-3 or R-4 Zone Districts and should be located such that driveways will be located on low -traffic, LOCAL PUBLIC or private STREETS or ALLEYS. B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be used and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the R-2 Zone District except for one (1) or more of the following USES. 1. FISHING and noncommercial WATER SKIING. 2. GARDENING. 3. One (1) NONCOMMERCIAL TOWER up to forty (40) feet in height per LEGAL LOT. (See Section 23-4-895.) 4. PUBLIC parks 5. PUBLIC SCHOOLS 6. One (1) SINGLE-FAMILY DWELLING, DUPLEX DWELLING, FOSTER CARE HOME, or GROUP HOME FACILITY per LEGAL LOT. 7. UTILITY SERVICE FACILITIES. C. Uses allowed subject to Site Plan Review. The following USES shall be allowed in the R-2 Zone District following approval and recording of a Site Plan in accordance with Article II, Division 3, of this Chapter. 1. CHURCHES. 2. COMMUNITY BUILDINGS. 3. Golf courses. 4. Police, ambulance, and fire stations or facilities. 5. Private SCHOOLS. 6. RECREATIONAL FACILITIES, PUBLIC and PRIVATE. PAGE 78 2019-2621 ORD2019-02 D. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in the R-2 Zone District so long as they are clearly incidental and ACCESSORY to an allowed USE. Note: The combined GROSS FLOOR AREA of all ACCESSORY BUILDINGS constructed after the original effective date of this Chapter (August 25, 1981) on LOTS of less than ten (10) acres in SUBDIVISIONS and HISTORIC TOWNSITES shall not exceed four (4) percent of the total LOT area, except in Regional Urbanization Areas (RUA), which shall adhere to RUA development standards. However, in no case shall such an ACCESSORY BUILDING in a SUBDIVISION or HISTORIC TOWNSITE exceed twice the GROSS FLOOR AREA of the principal DWELLING UNIT on the LOT except by VARIANCE. Any ACCESSORY BUILDING made nonconforming by application of this Section may be repaired, replaced or restored in total. 1. Parking areas and parking STRUCTURES, not including parking of COMMERCIAL VEHICLES. 2. STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3-120.B, not including CARGO CONTAINERS. 3. Swimming pools, tennis courts and similar ACCESSORY USES and STRUCTURES. 4. WIND GENERATORS allowed as ACCESSORY USES in Section 23-4-450 of this Chapter. E. Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or operation in the R-2 Zone District without prior approval of a land use permit from the Department of Planning Services. 1. HOME OCCUPATIONS - CLASS I permitted under Division 13 of Article IV of this Chapter. 2. One (1) NONCOMMERCIAL TOWER per LEGAL LOT between forty (40) and seventy (70) feet in height per LEGAL LOT permitted under Section 23-4-895. 3. OIL AND GAS FACILITIES permitted under Division 10 of Article II of this Chapter. 4. PIPELINES - NATURAL GAS or PIPELINES - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS permitted under Division 11 of Article II of this Chapter. 5. WIND GENERATORS requiring a zoning permit under Division 6 of Article IV of this Chapter. F. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained in the R-2 Zone District upon approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. 1. ACCESSORY BUILDINGS with a GROSS FLOOR AREA larger than four (4) percent of the total LOT area, as detailed in Subparagraph D above. 2. CEMETERIES. 3. CHILD CARE CENTERS. 4. HOSPITALS, nursing homes, rehabilitation centers. 5. PIPELINES - DOMESTIC WATER in accordance with Division 6 of Article II of this Chapter. 6. RESIDENTIAL THERAPEUTIC CENTERS. PAGE 79 2019-2621 ORD2019-02 7. USES similar to the USES listed as permitted as long as the USE complies with the general intent of the Zone District. 8. WIND GENERATORS requiring the issuance of Special Review Permit under Division 6 of Article IV of this Chapter. Amend Sec. 23-3-130. R-3 (Medium -Density Residential) Zone District. A. Intent. The purpose of the R-3 Zone District is to provide areas for higher density residential uses that are located, designed and developed in compliance with the applicable requirements of this Code. The R-3 Zone District is also intended to accommodate nonresidential land USES that are ACCESSORY to or compatible with residential USES. This Zone District may serve as a transition between COMMERCIAL Zone Districts and R-1 or R-2 Zone Districts and should be located in urban or urbanizing areas where 3d-I-o-ot-SCHOCA S and COMMERCIAL services are available. B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be used, and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the R-3 Zone District except for one (1) or more of the following USES. 1. DUPLEX DWELLINGS. 2. FISHING and noncommercial WATER SKIING. 3. FOSTER CARE HOMES. 4. GARDENING. 5. GROUP HOME FACILITIES. 6. One (1) NONCOMMERCIAL TOWER up to forty (40) feet in height per LEGAL LOT. (See Section 23-4-895.) 7. PUBLIC parks. 8. PUBLIC SCHOOLS. 9. UTILITY SERVICE FACILITIES. C. Uses allowed subject to Site Plan Review. The following USES shall be allowed in the R-3 Zone District following approval and recording of a Site Plan in accordance with Article II, Division 3, of this Chapter. 1. CHURCHES. 2. COMMUNITY BUILDINGS. 3. Golf courses. 4. Police, ambulance, and fire stations or facilities. 5. Private SCHOOLS. 6. RECREATIONAL FACILITIES, PUBLIC and PRIVATE. 7. MULTIFAMILY DWELLINGS with up to six (6) DWELLING UNITS per STRUCTURE. PAGE 80 2019-2621 ORD2019-02 D. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in the R-3 Zone District so long as they are clearly incidental and ACCESSORY to an allowed USE. Note: The combined GROSS FLOOR AREA of all ACCESSORY BUILDINGS constructed after the original effective date of this Chapter (August 25, 1981) on LOTS of less than ten (10) acres in SUBDIVISIONS and HISTORIC TOWNSITES shall not exceed four (4) percent of the total LOT area, except in Regional Urbanization Areas (RUA), which shall adhere to RUA development standards. However, in no case shall such an ACCESSORY BUILDING in a SUBDIVISION or HISTORIC TOWNSITE exceed twice the GROSS FLOOR AREA of the principal DWELLING UNIT on the LOT except by VARIANCE. Any ACCESSORY BUILDING made nonconforming by application of this Section may be repaired, replaced or restored in total. 1. Parking areas and parking STRUCTURES, not including parking of COMMERCIAL VEHICLES. 2. STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3-130.B, not including CARGO CONTAINERS. 3. Swimming pools, tennis courts and similar ACCESSORY USES and STRUCTURES. 4. WIND GENERATORS allowed as ACCESSORY USES in Section 23-4-450 of this Chapter. E. Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or operation in the R-3 Zone District without prior approval of a land use permit from the Department of Planning Services. 1. HOME OCCUPATIONS - CLASS I permitted under Division 13 of Article IV of this Chapter. 2. One (1) NONCOMMERCIAL TOWER between forty (40) and seventy (70) feet in height per LEGAL LOT permitted under Section 23-4-895. 3. OIL AND GAS FACILITIES permitted under Division 10 of Article II of this Chapter. 4. PIPELINES - NATURAL GAS or PIPELINES - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS permitted under Division 11 of Article II of this Chapter. 5. WIND GENERATORS requiring a zoning permit under Division 6 of Article IV of this Chapter. F. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained in the R-3 Zone District upon approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. 1. ACCESSORY BUILDINGS with a GROSS FLOOR AREA larger than four (4) percent of the total LOT area, as detailed in Subparagraph D above. 2. CEMETERIES. 3. CHILD CARE CENTERS. 4. HOSPITALS, nursing homes, rehabilitation centers. 5. PIPELINES - DOMESTIC WATER in accordance with Division 6 of Article II of this Chapter. 6. RESIDENTIAL THERAPEUTIC CENTERS. PAGE 81 2019-2621 ORD2019-02 7. USES similar to the USES listed as permitted as long as the USE complies with the general intent of the Zone District. 8. WIND GENERATORS requiring the issuance of Special Review Permit under Division 6 of Article IV of this Chapter. Amend Sec. 23-3-140. R-4 (High -Density Residential) Zone District. A. No area of the COUNTY shall be rezoned to the R-4 Zone District after July 25, 2019. B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be used, and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the R-4 Zone District except for one (1) or more of the following USES. 1. DUPLEX DWELLINGS. 2. FISHING and noncommercial WATER SKIING. 3. FOSTER CARE HOMES. 4. GARDENING. 5. GROUP HOME FACILITIES. 6. One (1) NONCOMMERCIAL TOWER up to forty (40) feet in height per LEGAL LOT. (See Section 23-4-895.) 7. PUBLIC parks 8. PUBLIC SCHOOLS 9. UTILITY SERVICE FACILITIES. C. Uses allowed subject to Site Plan Review. The following USES shall be allowed in the R-4 Zone District following approval and recording of a Site Plan in accordance with Article II, Division 3, of this Chapter. 1. CHURCHES. 2. COMMUNITY BUILDINGS. 3. Golf courses. 4. Police, ambulance, and fire stations or facilities. 5. Private SCHOOLS. 6. RECREATIONAL FACILITIES, PUBLIC and PRIVATE. 7. MULTIFAMILY DWELLINGS. D. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in the R-4 Zone District so long as they are clearly incidental and ACCESSORY to an allowed USE. Note: The combined GROSS FLOOR AREA of all ACCESSORY BUILDINGS constructed after the original effective date of this Chapter (August 25, 1981) on LOTS of less than ten (10) acres in SUBDIVISIONS and HISTORIC TOWNSITES shall not exceed four (4) percent of the total LOT area, except in Regional Urbanization Areas (RUA), which shall adhere to RUA development standards. However, in no case shall such an ACCESSORY BUILDING in a SUBDIVISION or HISTORIC TOWNSITE exceed twice the GROSS FLOOR AREA of the principal DWELLING UNIT on the LOT except by VARIANCE. Any ACCESSORY BUILDING made nonconforming by application of this Section may be repaired, replaced or restored in total. PAGE 82 2019-2621 ORD2019-02 1. Parking areas and parking STRUCTURES, not including parking of COMMERCIAL VEHICLES. 2. STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3-140.B, not including CARGO CONTAINERS. 3. Swimming pools, tennis courts and similar ACCESSORY USES and STRUCTURES. 4. WIND GENERATORS allowed as ACCESSORY USES in Section 23-4-450 of this Chapter. E. Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or operation in the R-4 Zone District without prior approval of a land use permit from the Department of Planning Services. 1. HOME OCCUPATIONS - CLASS I permitted under Division 13 of Article IV of this Chapter. 2. One (1) NONCOMMERCIAL TOWER between forty (40) and seventy (70) feet in height per LEGAL LOT permitted under Section 23-4-895. 3. OIL AND GAS FACILITIES permitted under Division 10 of Article II of this Chapter. 4. PIPELINES - NATURAL GAS or PIPELINES - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS permitted under Division 11 of Article II of this Chapter. 5. WIND GENERATORS requiring a zoning permit under Division 6 of Article IV of this Chapter. F. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained in the R-4 Zone District upon approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. 1. ACCESSORY BUILDINGS with a GROSS FLOOR AREA larger than four (4) percent of the total LOT area, as detailed in Subparagraph D above. 2. CEMETERIES. 3. CHILD CARE CENTERS. 4. HOSPITALS, nursing homes, rehabilitation centers. 5. PIPELINES - DOMESTIC WATER in accordance with Division 6 of Article II of this Chapter. 6. RESIDENTIAL THERAPEUTIC CENTERS. 7. USES similar to the USES listed as permitted as long as the USE complies with the general intent of the Zone District. 8. WIND GENERATORS requiring the issuance of Special Review Permit under Division 6 of Article IV of this Chapter. Amend Sec. 23-3-150. R-5 (Manufactured Home Residential) Zone District. A. Intent. The purpose of the R-5 Zone District is to provide areas for single-family and DUPLEX residential occupancy. These areas are intended to be located, designed and developed in compliance with the applicable requirements of this Code. The R-5 Zone District is also intended to accommodate nonresidential land USES that are ACCESSORY to or compatible with residential USES. PAGE 83 2019-2621 ORD2019-02 B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be used, and no BUILDING or STRUCTURE shall be hereafter erected, structurally altered, enlarged or maintained in the R-5 Zone District, except for one (1) or more of the following USES. 1. FISHING and noncommercial WATER SKIING. 2. GARDENING. 3. One (1) NONCOMMERCIAL TOWER up to forty (40) feet in height per LEGAL LOT. (See Section 23-4-895.) 4. PUBLIC parks. 5. PUBLIC SCHOOLS. 6. One (1) SINGLE-FAMILY DWELLING, DUPLEX DWELLING, FOSTER CARE HOME, or GROUP HOME FACILITY per LEGAL LOT. 7. UTILITY SERVICE FACILITIES. C. Uses allowed subject to Site Plan Review. The following USES shall be allowed in the R-5 Zone District following approval and recording of a Site Plan in accordance with Article II, Division 3, of this Chapter. 1. CHURCHES. 2. COMMUNITY BUILDINGS. 3. Golf courses. 4. Police, ambulance, and fire stations or facilities. 5. Private SCHOOLS. 6. RECREATIONAL FACILITIES, PUBLIC and PRIVATE. D. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in the R-5 Zone District so long as they are clearly incidental and ACCESSORY to an allowed USE. Note: The combined GROSS FLOOR AREA of all ACCESSORY BUILDINGS constructed after the original effective date of this Chapter (August 25, 1981) on LOTS of less than ten (10) acres in SUBDIVISIONS and HISTORIC TOWNSITES shall not exceed four (4) percent of the total LOT area, except in Regional Urbanization Areas (RUA), which shall adhere to RUA development standards. However, in no case shall such an ACCESSORY BUILDING in a SUBDIVISION or HISTORIC TOWNSITE exceed twice the GROSS FLOOR AREA of the principal DWELLING UNIT on the LOT except by VARIANCE. Any ACCESSORY BUILDING made nonconforming by application of this Section may be repaired, replaced or restored in total. 1. Parking areas and parking STRUCTURES, not including parking of COMMERCIAL VEHICLES. 2. STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3-150.B, not including CARGO CONTAINERS. 3. Swimming pools, tennis courts and similar ACCESSORY USES and STRUCTURES. 4. WIND GENERATORS allowed as ACCESSORY USES in Section 23-4-450 of this Chapter. PAGE 84 2019-2621 ORD2019-02 E. Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or operation in the R-5 Zone District without prior approval of a land use permit from the Department of Planning Services. 1. HOME OCCUPATIONS - CLASS I permitted under Division 13 of Article IV of this Chapter. 2. One (1) NONCOMMERCIAL TOWER between forty (40) and seventy (70) feet in height per LEGAL LOT permitted under Section 23-4-895. 3. OIL AND GAS FACILITIES permitted under Division 10 of Article II of this Chapter. 4. PIPELINES - NATURAL GAS or PIPELINES - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS permitted under Division 11 of Article II of this Chapter. 5. WIND GENERATORS requiring a zoning permit under Division 6 of Article IV of this Chapter. F. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained in the R-5 Zone District upon approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. 1. ACCESSORY BUILDINGS with a GROSS FLOOR AREA larger than four (4) percent of the total LOT area, as detailed in Subparagraph D above. 2. CEMETERIES. 3. CHILD CARE CENTERS. 4. HOSPITALS, nursing homes, rehabilitation centers. 5. PIPELINES - DOMESTIC WATER in accordance with Division 6 of Article II of this Chapter. 6. RESIDENTIAL THERAPEUTIC CENTERS. 7. USES similar to the USES listed as permitted as long as the USE complies with the general intent of the Zone District. 8. WIND GENERATORS requiring the issuance of Special Review Permit under Division 6 of Article IV of this Chapter. Amend Sec. 23-3-160. Bulk requirements. Table 23.2 below lists the Bulk Requirements for the R-1, R-2, R-3, R-4 and R-5 Zone Districts. All BUILDINGS, STRUCTURES, USES, and land in the Residential Zone Districts are subject to the requirements contained in this Section. Table 23.2 Bulk Requirements for R-1, R-2, R-3, R-4, and R-5 Zone Districts Section Requirement B. R-1 R-2 I R-3 R-4 R-5 Minimum LOT size (sq. ft.) 6,000 Minimum LOT area per DWELLING UNIT (sq. ft.) 6,000 6,000 6,000 3,000 6,000 6,000 3,000 1,500 3,000 PAGE 85 2019-2621 ORD2019-02 C. Minimum LOT width D. Minimum SETBACK (feet) 50 50 50 50 50 20 20 20 20 20 E. Minimum OFFSET (feet). Five (5) feet, or one (1) foot for each three (3) feet of BUILDING HEIGHT, whichever is greater, or zero (0) for attached DWELLING UNITS, where permitted and where located along a party wall meeting the requirements of Chapter 29 of the Weld County Code. F. Maximum BUILDING HEIGHT (feet) 30 30 30 45 30 G. H. Maximum LOT COVERAGE (%) 50 60 60 70 60 Maximum number of ANIMAL Two (2) per LOT in R-1 Zone District, ANIMAL UNITS permitted per LOT UNITS are not permitted in the R-2, R-3, R-4 and R-5 Zone Districts. Maximum number of HOUSEHOLD PETS per premises Up to four (4) of one (1) species or a total of seven (7) of two (2) or more species. Delete Table 23.5 — Bulk Requirements for R-5 Zone District. J. Minimum OFFSETS and SETBACKS for EXISTING MANUFACTURED HOME PARKS. 1. The side and rear yard OFFSET requirements in MANUFACTURED HOME PARKS shall be based on the distance between MANUFACTURED HOME units measured from the closest point or edge of the MANUFACTURED HOME as follows: a. Ten (10) feet between MANUFACTURED HOMES if the units are placed end (width) to end (width). b. Fifteen (15) feet between MANUFACTURED HOMES if the units are placed side (length) to side (length). c. Twelve and one half (12.5) feet between MANUFACTURED HOMES if the units are placed side (length) to end (width). d. For the purpose of this Subsection, the ends (width) of MANUFACTURED HOMES that are greater than sixteen (16) feet in width, such as double -wide MANUFACTURED HOMES, shall be considered to be sides of the MANUFACTURED HOME in measuring distances between MANUFACTURED HOME units. e. A MANUFACTURED HOME shall have a minimum OFFSET of five (5) feet from the perimeter of the MANUFACTURED HOME PARK. f. ACCESSORY BUILDINGS and STRUCTURES on the same LOT or space as a MANUFACTURED HOME shall have a minimum clearance of ten (10) feet from any STRUCTURE or MANUFACTURED HOME on any other LOT or space. PAGE 86 2019-2621 ORD2019-02 g. Commonly owned or utilized BUILDINGS ACCESSORY to the MANUFACTURED HOME PARK site shall have a minimum clearance of ten (10) feet from any other STRUCTURE or MANUFACTURED HOME. Delete 2. K. No occupied BUILDING or STRUCTURE shall be constructed within three -hundred -fifty (350) feet of any OIL AND GAS FACILITY or within twenty-five (25) feet of any plugged or abandoned oil and gas well. L. Sources of light shall be shielded so that beams or rays of light will not shine directly onto ADJACENT properties or PUBLIC or private STREETS/ROAD. Neither the direct nor reflected light from any light source may create a traffic hazard to operators of motor vehicles on PUBLIC or private STREETS/ROAD. No colored lights may be used which may be confused with or construed as traffic control devices. Sec. 23-3-170. - Farming of undeveloped land. FARMING shall be allowed on any undeveloped land in any R Zone District as long as the maximum number of ANIMAL UNITS per LOT is not exceeded in the R-1 Zone District. No ANIMAL UNITS are permitted in other R Zone Districts. Division 3 - Commercial Zone Districts Amend Sec. 23-3-200. Intent. The COMMERCIAL Zone Districts are intended to implement the goals and policies of the COMPREHENSIVE PLAN and promote economic development and job creation by setting aside areas for businesses. These districts have been established to provide for COMMERCIAL areas that meet the needs of COUNTY residents and the traveling public. Attractive, inviting, and well - maintained shops, stores, OFFICES, and other BUILDINGS are characteristics of these districts. Amend Sec. 23-3-210. C-1 (Neighborhood Commercial) Zone District. A. Intent. The purpose of the C-1 Zone District is to designate areas for activities that provide convenient goods, services, and compatible USES primarily for the residents of adjacent NEIGHBORHOODS. When designed properly, development in this district can be located within NEIGHBORHOODS, or serve as a transitional area between properties zoned Residential and properties zoned for more intense USES. B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be used and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the C-1 Zone District except for one (1) or more of the USES listed in this section. No OUTDOOR STORAGE is allowed in the C-1 Zone District. 1. One (1) NONCOMMERCIAL TOWER per LEGAL LOT up to forty (40) feet in height per LEGAL LOT. (See Section 23-4-895.) 2. PUBLIC PARKS. 3. PUBLIC SCHOOLS. 4. TELECOMMUNICATION ANTENNA TOWERS up to thirty-five (35) feet in height. 5. UTILITY SERVICE FACILITIES. Delete 6. thru 16.a. PAGE 87 2019-2621 ORD2019-02 C. Uses allowed subject to Site Plan Review. The following USES shall be allowed in the C-1 Zone District following approval and recording of a Site Plan in accordance with Article II, Division 3, of this Chapter. Any USE conducted outside of an ENCLOSED BUILDING shall be SCREENED from adjacent PUBLIC RIGHTS -OF -WAY and ADJACENT LOTS in any Zone District other 1-3. 1. BREW PUBS. 2. CAR WASHES and gas stations. 3. CHILD CARE CENTERS. 4. CHURCHES. 5. COMMERCIAL SCHOOLS. 6. COMMUNITY BUILDINGS. 7. CONTRACTOR'S SHOPS. 8. EVENT FACILITIES. 9. Grain, seed, feed, and fertilizer retail and wholesale sales establishments. 10. HOSPITALS, nursing homes, rehabilitation centers. 11. NIGHTCLUBS, BARS, LOUNGES OR TAVERNS. 12. OFFICES. 13. Police, ambulance, and fire stations or facilities. 14. RECREATIONAL FACILITIES, PUBLIC and PRIVATE. 15. RESTAURANTS. 16. RETAIL/SERVICE ESTABLISHMENTS with a total GROSS FLOOR AREA of up to three thousand (3,000) square feet per LEGAL LOT. 17. SCHOOLS, private. D. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in the C-1 Zone District so long as they are clearly incidental and ACCESSORY to an allowed USE and included on an approved and recorded Site Plan. Any USE conducted outside of an ENCLOSED BUILDING shall be SCREENED from adjacent PUBLIC RIGHTS -OF -WAY and ADJACENT LOTS in any Zone District other 1-3. 1. Loading areas. 2. Parking areas and parking STRUCTURES for USE by employees, customers and company vehicles. 3. One (1) SINGLE-FAMILY DWELLING UNIT when used as living quarters for the proprietor, employees, caretakers or security personnel responsible for operating, maintaining or guarding the property where such DWELLING UNIT is ENCLOSED within the PRINCIPAL BUILDING. 4 STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3-210.B, not including CARGO CONTAINERS. 5. WIND GENERATORS allowed as ACCESSORY USES in Section 23-4-450 of this Chapter. PAGE 88 2019-2621 ORD2019-02 E. Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or operation in the C-1 Zone District without prior approval of a land use permit from the Department of Planning Services. 1. One (1) MANUFACTURED HOME per LEGAL LOT, when used as living quarters for caretaker or security personnel responsible for maintaining or guarding the property, permitted under Division 3 of Article IV of this Chapter. 2. One (1) NONCOMMERCIAL TOWER between forty (40) and seventy (70) feet in height per LEGAL LOT permitted under Section 23-4-895. 3. OIL AND GAS FACILITIES permitted under Division 10 of Article II of this Chapter. 4. PIPELINES - NATURAL GAS or PIPELINES - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS permitted under Division 11 of Article II of this Chapter. 5. TELECOMMUNICATIONS ANTENNA TOWERS between thirty-five (35) and seventy (70) feet in height permitted under Division 10 of Article IV of this Chapter. 6. TEMPORARY seasonal USES permitted under Division 7 of Article IV of this Chapter. 7. WIND GENERATORS requiring a zoning permit under Division 6 of Article IV of this Chapter. F. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained in the C-1 Zone District upon approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. 1. CEMETERIES. 2. Golf courses. 3. HOTELS/MOTELS. 4. KENNELS. 5. Open MINING and processing of minerals. 6. PIPELINE - DOMESTIC WATER in accordance with Division 6 of Article II of this Chapter. 7. RECREATIONAL FACILITIES, COMMERCIAL. 8. RESIDENTIAL THERAPEUTIC CENTERS. 9. TELECOMMUNICATIONS ANTENNA TOWERS over seventy (70) feet in height. 10. USES similar to the USES listed as permitted as long as the USE complies with the general intent of the Zone District. 11. Veterinary clinics or animal hospitals. 12. WIND GENERATORS requiring the issuance of Special Review Permit under Division 6 of Article IV of this Chapter. Delete G and H. PAGE 89 2019-2621 ORD2019-02 Amend Sec. 23-3-220. C-2 (General Commercial) Zone District. A. Intent. The purpose of the C-2 Zone District is to designate areas for more intense, higher traffic, or larger scale USES than the C-1 district. C-2 District properties typically provide goods and services to the residents of multiple NEIGHBORHOODS and in close proximity to residential USES. Additionally, the C-2 District provides for the orderly development of those USES necessary to meet the community's social, cultural, medical, institutional, OFFICE, and civic needs. B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be used and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the C-2 Zone District except for one (1) or more of the USES listed in this section. No OUTDOOR STORAGE will be allowed in the C-2 Zone District. 1. One (1) NONCOMMERCIAL TOWER up to forty (40) feet in height per LEGAL LOT. (See Section 23-4-895.) 2. PUBLIC PARKS. 3. PUBLIC SCHOOLS. 4. TELECOMMUNICATION ANTENNA TOWERS up to thirty-five (35) feet in height. 5. UTILITY SERVICE FACILITIES. C. Uses allowed subject to Site Plan Review. The following USES shall be allowed in the C-2 Zone District following approval and recording of a Site Plan in accordance with Article II, Division 3, of this Chapter. No OUTDOOR STORAGE will be allowed in the C-2 Zone District. Any USE conducted outside of an ENCLOSED BUILDING shall be SCREENED from adjacent PUBLIC RIGHTS -OF -WAY and ADJACENT LOTS in any Zone District other 1-3. 1. BREW PUBS. 2. CAR WASHES and gas stations. 3. CHILD CARE CENTERS. 4. CHURCHES. 5. COMMERCIAL SCHOOLS. 6. COMMUNITY BUILDINGS. 7. CONTRACTOR'S SHOPS. 8. EVENT FACILITIES. 9. Farm equipment sales, repair, and installation facilities. 10. FUNERAL HOMES and mortuaries. 11. Golf courses. 12. Grain, seed, feed, and fertilizer retail and wholesale sales establishments. 13. HOSPITALS, nursing homes, rehabilitation centers. 14. HOTELS/MOTELS. 15. LUMBERYARDS/WOODWORKING. 16. NIGHTCLUBS, BARS, LOUNGES OR TAVERNS. 17. OFFICES. PAGE 90 2019-2621 ORD2019-02 18. Police, ambulance, and fire stations or facilities. 19. RECREATIONAL FACILITIES, COMMERCIAL, PUBLIC and PRIVATE. 20. REPAIR SERVICE ESTABLISHMENT. 21. RESTAURANTS. 22. RETAIL/SERVICE ESTABLISHMENTS with a total GROSS FLOOR AREA of up to twenty thousand (20,000) square feet per LEGAL LOT. 23. SCHOOLS, private. 24. THEATERS and convention halls. 25. Veterinarian clinics and animal hospitals. 26. VEHICLE RENTAL, SALES, SERVICE and/or REPAIR ESTABLISHMENTS. D. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in the C-2 Zone District so long as they are clearly incidental and ACCESSORY to an allowed USE and included on an approved and recorded Site Plan. Any USE conducted outside of an ENCLOSED BUILDING shall be SCREENED from adjacent PUBLIC RIGHTS -OF -WAY and ADJACENT LOTS in any Zone District other 1-3. 1. Loading areas. 2. Parking areas and parking STRUCTURES for USE by employees, customers and company vehicles. 3. One (1) SINGLE-FAMILY DWELLING UNIT when used as living quarters for the proprietor, employees, caretakers or security personnel responsible for operating, maintaining or guarding the property where such DWELLING UNIT is ENCLOSED within the PRINCIPAL BUILDING. 4. STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3-220.B, not including CARGO CONTAINERS. 5. WIND GENERATORS allowed as ACCESSORY USES in Section 23-4-450 of this Chapter. E. Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or operation in the C-2 Zone District without prior approval of a land use permit from the Department of Planning Services. 1. One (1) MANUFACTURED HOME per LEGAL LOT, when used as living quarters for caretaker or security personnel responsible for maintaining or guarding the property, permitted under Division 3 of Article IV of this Chapter. 2. One (1) NONCOMMERCIAL TOWER between forty (40) and seventy (70) feet in height per LEGAL LOT permitted under Section 23-4-895. 3. OIL AND GAS FACILITIES permitted under Division 10 of Article II of this Chapter. 4. PIPELINES - NATURAL GAS or PIPELINES - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS permitted under Division 11 of Article II of this Chapter. 5. TELECOMMUNICATIONS ANTENNA TOWERS between thirty-five (35) and seventy (70) feet in height permitted under Division 10 of Article IV of this Chapter. 6. TEMPORARY seasonal USES permitted under Division 7 of Article IV of this Chapter. PAGE 91 2019-2621 ORD2019-02 7. WIND GENERATORS requiring a zoning permit under Division 6 of Article IV of this Chapter. F. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained in the C-2 Zone District upon approval of a permit in accordance with the requirements of Article II, Division 4 of this Chapter. 1 CEMETERIES. 2. KENNELS. 3. Open MINING and processing of minerals. 4. PIPELINE - DOMESTIC WATER in accordance with Division 6 of Article II of this Chapter. 5. RESIDENTIAL THERAPEUTIC CENTERS. 6. TELECOMMUNICATIONS ANTENNA TOWERS over seventy (70) feet in height. 7. USES similar to the USES listed as permitted as long as the USE complies with the general intent of the Zone District. 8. Veterinary clinics or animal hospitals. 9. WIND GENERATORS requiring the issuance of Special Review Permit under Division 6 of Article IV of this Chapter. Delete G and H. Amend Sec, 23-3-230. C-3 (Regional Commercial) Zone District. A. Intent. The purpose of the C-3 Zone District is to designate areas of commerce for the benefit of the broader region, such as large-scale regional shopping centers and entertainment districts. C-3 District properties may require large amounts of space or generate high traffic volumes. Properties zoned C-3 are typically located near high -traffic corridors. B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be used and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the C-3 Zone District except for one (1) or more of the USES listed in this section. 1. One (1) NONCOMMERCIAL TOWER up to forty (40) feet in height per LEGAL LOT. (See Section 23-4-895.) 2. PUBLIC PARKS. 3. PUBLIC SCHOOLS. 4. TELECOMMUNICATION ANTENNA TOWERS up to thirty-five (35) feet in height. 5. UTILITY SERVICE FACILITIES. C. Uses allowed subject to Site Plan Review. The following USES shall be allowed in the C-3 Zone District following approval and recording of a Site Plan in accordance with Article II, Division 3, of this Chapter. Any USE conducted outside of an ENCLOSED BUILDING shall be SCREENED from adjacent PUBLIC RIGHTS -OF -WAY and ADJACENT LOTS in any Zone District other 1-3. 1. AGRICULTURAL PRODUCTION. 2. BREW PUBS, BREWERIES, DISTILLERIES, and WINERIES. 3. CAR WASHES and gas stations. PAGE 92 2019-2621 ORD2019-02 4. CHILD CARE CENTERS. 5. CHURCHES. 6. COMMERCIAL SCHOOLS. 7. COMMERCIAL STORAGE BUILDINGS. 8. COMMUNITY BUILDINGS. 9. CONTRACTOR'S SHOPS. 10. CUSTOM MEAT PROCESSING. 11. DISTRIBUTION CENTERS. 12. EVENT FACILITIES. 13. Farm equipment sales, repair, and installation facilities. 14. FUNERAL HOMES and mortuaries. 15. Golf courses. 16. Grain, seed, feed, and fertilizer retail and wholesale sales establishments. 17. Headquarters or service facilities for taxi services, bus services and other services involving the transportation of people. 18. HOSPITALS, nursing homes, rehabilitation centers. 19. HOTELS/MOTELS. 20. INDOOR SHOOTING RANGES. 21. LANDSCAPING COMPANIES. 22. LUMBERYARDS/WOODWORKING. 23. NIGHTCLUBS, BARS, LOUNGES OR TAVERNS. 24. OFFICES. 25. OUTDOOR STORAGE, as long as it is SCREENED from PUBLIC RIGHTS -OF -WAY and all ADJACENT properties. 26. Parking areas and parking STRUCTURES. 27. Police, ambulance, and fire stations or facilities. 28. RECREATIONAL FACILITIES, COMMERCIAL, PUBLIC and PRIVATE. 29. REPAIR SERVICE ESTABLISHMENT. 30. RESTAURANTS. 31. RETAIL/SERVICE ESTABLISHMENTS. 32. SCHOOLS, private. 33. THEATERS and convention halls. 34. VEHICLE RENTAL, SALES, SERVICE and/or REPAIR ESTABLISHMENTS. 35. Veterinarian clinics and animal hospitals. 36. WHOLESALE TRADE ESTABLISHMENTS. PAGE 93 2019-2621 ORD2019-02 D. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in the C-3 Zone District so long as they are clearly incidental and ACCESSORY to an allowed USE and included on an approved and recorded Site Plan. Any USE conducted outside of an ENCLOSED BUILDING shall be SCREENED from adjacent PUBLIC RIGHTS -OF -WAY and ADJACENT LOTS in any Zone District other 1-3. 1. Loading areas. 2. One (1) SINGLE-FAMILY DWELLING UNIT when used as living quarters for the proprietor, employees, caretakers or security personnel responsible for operating, maintaining or guarding the property where such DWELLING UNIT is ENCLOSED within the PRINCIPAL BUILDING. 3. STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3- 230.B, not including CARGO CONTAINERS. 4. WIND GENERATORS allowed as ACCESSORY USES in Section 23-4-450 of this Chapter. E. Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or operation in the C-3 Zone District without prior approval of a land use permit from the Department of Planning Services. 1. One (1) MANUFACTURED HOME per LEGAL LOT, when used as living quarters for caretaker or security personnel responsible for maintaining or guarding the property, permitted under Division 3 of Article IV of this Chapter. 2. One (1) NONCOMMERCIAL TOWER between forty (40) and seventy (70) feet in height per LEGAL LOT permitted under Section 23-4-895. 3. OIL AND GAS FACILITIES permitted under Division 10 of Article II of this Chapter. 4. PIPELINES - NATURAL GAS or PIPELINES - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS permitted under Division 11 of Article II of this Chapter. 5. TELECOMMUNICATIONS ANTENNA TOWERS between thirty-five (35) and seventy (70) feet in height permitted under Division 10 of Article IV of this Chapter. 6. TEMPORARY seasonal USES permitted under Division 7 of Article IV of this Chapter. 7. WIND GENERATORS requiring a zoning permit under Division 6 of Article IV of this Chapter. F. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained in the C-3 Zone District upon approval of a permit in accordance with the requirements of Article II, Division 4 of this Chapter. 1. AIRSTRIPS when they are ACCESSORY to the Use Allowed by Right. 2. Asphalt or concrete batch plants. 3. CEMETERIES. 4. KENNELS. 5. Open MINING and processing of minerals. 6. PIPELINE - DOMESTIC WATER in accordance with Division 6 of Article II of this Chapter. 7. RESIDENTIAL THERAPEUTIC CENTERS. 8. TELECOMMUNICATIONS ANTENNA TOWERS over seventy (70) feet in height. PAGE 94 2019-2621 ORD2019-02 9. USES similar to the USES listed as permitted as long as the USE complies with the general intent of the Zone District. 10. Veterinary clinics or animal hospitals. 11. WIND GENERATORS requiring the issuance of Special Review Permit under Division 6 of Article IV of this Chapter. Delete G and H. Amend Sec. 23-3-240. C-4 (Highway Commercial) Zone District. A. No area of the COUNTY shall be rezoned to the C-4 Zone District after July 25, 2019. B. Uses Allowed by Right. No BUILDINGS, STRUCTURES or land shall be used and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the C-4 Zone District except for one (1) or more of the USES listed in this section. 1. One (1) NONCOMMERCIAL TOWER up to forty (40) feet in height per LEGAL LOT. (See Section 23-4-895.) 2. PUBLIC PARKS. 3. PUBLIC SCHOOLS. 4. TELECOMMUNICATION ANTENNA TOWERS up to thirty-five (35) feet in height. 5. UTILITY SERVICE FACILITIES. C. Uses allowed subject to Site Plan Review. The following USES shall be allowed in the C-4 Zone District following approval and recording of a Site Plan in accordance with Article II, Division 3, of this Chapter. Any USE conducted outside of an ENCLOSED BUILDING shall be SCREENED from adjacent PUBLIC RIGHTS -OF -WAY and ADJACENT LOTS in any Zone District other 1-3. 1. BREW PUBS. 2. CAR WASHES and gas stations. 3. CHILD CARE CENTERS. 4. COMMUNITY BUILDINGS. 5. Golf courses. 6. Grain, seed, feed, and fertilizer retail and wholesale sales establishments. 7. HOSPITALS, nursing homes, rehabilitation centers. 8. HOTELS/MOTELS. 9. Police, ambulance, and fire stations or facilities. 10. RESTAURANTS. 11. RETAIL/SERVICE ESTABLISHMENTS with a total GROSS FLOOR AREA of up to three thousand (3,000) square feet per LEGAL LOT. 12. SCHOOLS, private. 13. VEHICLE RENTAL and SALES ESTABLISHMENTS. PAGE 95 2019-2621 ORD2019-02 D. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in the C-4 Zone District so long as they are clearly incidental and ACCESSORY to an allowed USE and included on an approved and recorded Site Plan. Any USE conducted outside of an ENCLOSED BUILDING shall be SCREENED from adjacent PUBLIC RIGHTS -OF -WAY and ADJACENT LOTS in any Zone District other 1-3. 1. Loading areas. 2. Parking areas and parking STRUCTURES for USE by employees, customers and company vehicles. 3. OUTDOOR STORAGE, as long as it is SCREENED from PUBLIC RIGHTS -OF -WAY and all ADJACENT properties. 4. REPAIR SERVICE ESTABLISHMENT. 5. STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3-240.B, not including CARGO CONTAINERS. 6. WIND GENERATORS allowed as ACCESSORY USES in Section 23-4-450 of this Chapter. E. Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or operation in the C-4 Zone District without prior approval of a land use permit from the Department of Planning Services. 1. OIL AND GAS FACILITIES permitted under Division 10 of Article II of this Chapter. 2. PIPELINES - NATURAL GAS or PIPELINES - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS permitted under Division 11 of Article II of this Chapter. 3. One (1) MANUFACTURED HOME per LEGAL LOT, when used as living quarters for caretakers or security personnel responsible for maintaining or guarding the property, permitted under Division 3 of Article IV of this Chapter. 4. TEMPORARY seasonal USES permitted under Division 7 of Article IV of this Chapter. 5. WIND GENERATORS requiring a zoning permit under Division 6 of Article IV of this Chapter. 6. TELECOMMUNICATIONS ANTENNA TOWERS between thirty-five (35) and seventy (70) feet in height permitted under Division 10 of Article IV of this Chapter. 7. One (1) NONCOMMERCIAL TOWER between forty (40) and seventy (70) feet in height per LEGAL LOT permitted under Section 23-4-895. F. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained in the C-4 Zone District upon approval of a permit in accordance with the requirements of Article II, Division 4 of this Chapter. 1 CHURCHES. 2. PIPELINE - DOMESTIC WATER in accordance with Division 6 of Article II of this Chapter. 3. RESIDENTIAL THERAPEUTIC CENTERS. 4. TELECOMMUNICATIONS ANTENNA TOWERS over seventy (70) feet in height. 5. USES similar to the USES listed as permitted as long as the USE complies with the general intent of the Zone District. PAGE 96 2019-2621 ORD2019-02 6. WIND GENERATORS requiring the issuance of Special Review Permit under Division 6 of Article IV of this Chapter. Delete G and H. Amend Sec. 23-3-250. Bulk standards. All BUILDINGS, STRUCTURES, USES, and land located in the Commercial Zone Districts shall be located, designed, used and occupied in accordance with the requirements enumerated in this section. A. Minimum SETBACK: twenty-five (25) feet. Delete Table 23.6 Minimum Standards for Accesses. B. Minimum OFFSET: ten (10) feet. C. No occupied BUILDING or STRUCTURE shall be constructed within two hundred (200) feet of any TANK BATTERY, within one hundred fifty (150) feet of any oil and gas wellhead, or within twenty-five (25) feet of any plugged or abandoned oil and gas well. D. Maximum LOT COVERAGE: No more than eighty-five percent (85%) of the total area of a LOT in any Commercial Zone District shall be covered. Add Sec. 2 3-26L _ of undeveloped land. FARMING shall be allowed on any undeveloped land in any C Zone District as long as the maximum number of ANIMAL UNITS per LOT allowed in the Agricultural (A) zone district is not exceeded. Division 4 - Industrial Zone Districts Amend Sec. 23-3-300. Intent. The purpose of the Industrial Zone Districts is to implement the goals and policies of the COMPREHENSIVE PLAN and provide areas for operation of land USES associated with distribution and warehousing of commodities as well as production, fabrication, manufacturing, assembling, and processing of materials. The Industrial Zone Districts have been established to promote economic development and job creation; to protect industry from the encroachment of residential and less intense COMMERCIAL USES; to reduce the adverse impacts of industries on surrounding, nonindustrial properties; and to encourage industrial development in areas that are compatible with heavy infrastructure and where necessary utilities are in place or reasonably attainable. Amend Sec. 23-3-310. I-1 (Light Industrial) Zone District. A. Intent. The purpose of the I-1 Zone District is to provide a zone to accommodate light industrial and compatible COMMERCIAL USES that create minimal negative impacts and are conducted primarily in ENCLOSED BUILDINGS. I-1 District properties are accessible to the public, consumer -oriented, less resource -intensive than heavy industry, have minimal environmental impacts, and may be located near residential areas if designed properly. Properties zoned I-1 should provide economic development and employment, encourage a balanced, diversified economy, and may serve as a transition between nonindustrial USES and the more intense Industrial Zone Districts. B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be used and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the I-1 Zone District except for one (1) or more of the USES listed in this section. PAGE 97 2019-2621 ORD2019-02 1. Asphalt or concrete batch plants used TEMPORARILY and exclusively for an on -site construction project or the completion of a PUBLIC STREET/ROAD improvements project. The six-month limitation for this TEMPORARY USE may be extended in six-month increments at the discretion of the Director of Planning Services up to two (2) times, and thereafter by the Board of County Commissioners. 2. COUNTY grader sheds. 3. One (1) NONCOMMERCIAL TOWER up to forty (40) feet in height per LEGAL LOT. (See Section 23-4-895.) 4. PUBLIC PARKS. 5. PUBLIC SCHOOLS. 6. TELECOMMUNICATION ANTENNA TOWERS up to thirty-five (35) feet in height. 7. TEMPORARY borrow pits used exclusively for the completion of a PUBLIC STREET/ROAD improvement project. 8. UTILITY SERVICE FACILITIES. C. Uses allowed subject to Site Plan Review. The following USES shall be allowed in the I-1 Zone District following approval and recording of a Site Plan in accordance with Article II, Division 3, of this Chapter. Any USE conducted outside of an ENCLOSED BUILDING shall be SCREENED from adjacent PUBLIC RIGHTS -OF -WAY and ADJACENT LOTS in any Zone District other 1-3. 1. AGRICULTURAL PRODUCTION. 2. Any indoor USE of a manufacturing, fabricating, assembling or warehouse nature. 3. 3. Asphalt or concrete batch pia-nts. 4.3. BREW PUBS, BREWERIES, DISTILLERIES, and WINERIES. 5.4. CAR WASHES and gas stations. 6.5. COMMERCIAL SCHOOLS. 7.6. COMMERCIAL STORAGE BUILDINGS CUSTOM MEAT PROCESSING. 9T8. DISTRIBUTION CENTERS. 1-0.9. Farm equipment sales, repair, and installation facilities. 11.10. FUNERAL HOMES and mortuaries. 111. Golf courses. -3-12. Grain, seed, feed, and fertilizer retail and wholesale sales establishments. 14.13. Headquarters or service facilities for taxi services, bus services and other services involving the transportation of people. 114. HELIPORTS. 1-6-15. HOTELS/MOTELS. 1-7.16. INDOOR SHOOTING RANGES. 18.17. LANDSCAPING COMPANIES. PAGE 98 2019-2621 ORD2019-02 1-9718. LUMBERYARDS/WOODWORKING. 24,19. OFFICES. X1-20. OUTDOOR STORAGE of PUBLIC utility -related equipment. 21. PET CREMATOR1 ES. 22. Police, ambulance, and fire stations or facilities. 23. RECREATIONAL FACILITIES, COMMERCIAL, PUBLIC and PRIVATE. 24. REPAIR SERVICE ESTABLISHMENT. 25. RESTAURANTS. 26. RETAIL/SERVICE ESTABLISHMENTS with a total GROSS FLOOR AREA of up to three thousand (3,000) square feet per LEGAL LOT. 27. SCHOOLS, private. 28. SMALL SCALE SOLAR FACILITY, subject to the additional requirements of Section 23- 4-1030. 29. THEATERS and convention halls. 30. VEHICLE RENTAL, SALES, SERVICE and/or REPAIR ESTABLISHMENTS. 31. Veterinarian clinics and animal hospitals. 32. WHOLESALE TRADE ESTABLISHMENTS. D. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in the I-1 Zone District so long as they are clearly incidental and ACCESSORY to an allowed USE and included on an approved and recorded Site Plan. Any USE conducted outside of an ENCLOSED BUILDING shall be SCREENED from adjacent PUBLIC RIGHTS -OF -WAY and ADJACENT LOTS in any Zone District other 1-3. 1. CARGO CONTAINERS. 2. Loading areas. 3. Parking areas and parking STRUCTURES for USE by employees, customers and company vehicles. 4. SEMI -TRAILERS as accessory storage. 5. STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3-310. B. 6. WIND GENERATORS allowed as ACCESSORY USES in Section 23-4-450 of this Chapter. E. Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or operation in the I-1 Zone District without prior approval of a land use permit from the Department of Planning Services. 1. One (1) MANUFACTURED HOME per LEGAL LOT, when used as living quarters for caretaker or security personnel responsible for maintaining or guarding the property, permitted under Division 3 of Article IV of this Chapter. 2. One (1) NONCOMMERCIAL TOWER between forty (40) and seventy (70) feet in height per LEGAL LOT permitted under Section 23-4-895. PAGE 99 2019-2621 ORD2019-02 3. OIL AND GAS FACILITIES permitted under Division 10 of Article II of this Chapter. 4. PIPELINES - NATURAL GAS or PIPELINES - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS permitted under Division 11 of Article II of this Chapter. 5. TELECOMMUNICATIONS ANTENNA TOWERS between thirty-five (35) and seventy (70) feet in height permitted under Division 10 of Article IV of this Chapter. 6. TEMPORARY seasonal uses permitted under Division 7 of Article IV of this Chapter. 7. WIND GENERATORS requiring a zoning permit under Division 6 of Article IV of this Chapter. F. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained in the I-1 Zone District upon approval of a permit in accordance with the requirements of Article II, Division 4 of this Chapter. 1. AIRSTRIPS when they are ACCESSORY to the Use Allowed by Right. 2. Asphalt or concrete batch plants. 2.3. CHURCHES. 3.4. CORRECTIONAL FACILITIES, subject to Article XV, Section 15-5, of the Weld County Charter. 4-5. DOMESTIC SEPTAGE disposal subject to Chapter 14 of this Code. 5T6. MEAT PROCESSING. S-.7. MEDIUM SCALE SOLAR FACILITIES, subject to the additional requirements of Section 23-4-1030. Open MINING and processing of minerals. 8.9. PIPELINE - DOMESTIC WATER in accordance with Division 6 of Article II of this Chapter. 9-10. RESEARCH LABORATORIES. 1--0-11. TELECOMMUNICATIONS ANTENNA TOWERS over seventy (70) feet in height. -1=c12. USES similar to the USES listed as permitted as long as the USE complies with the general intent of the Zone District. X13. WIND GENERATORS requiring the issuance of Special Review Permit under Division 6 of Article IV of this Chapter. Delete G. Amend Sec. 23-3-320. 1-2 (Medium Industrial) Zone District. A. Intent. The purpose of the 1-2 Zone District is to designate areas for industrial USES with more intense, higher traffic, or larger scale USES than the I-1 Zone District. B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be used and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the 1-2 Zone District except for one (1) or more of the USES in this section. PAGE 100 2019-2621 ORD2019-02 1 Asphalt or concrete batch plant used TEMPORARILY and exclusively for an on -site construction project or the completion of a PUBLIC STREET/ROAD improvements project. The six-month limitation for this TEMPORARY USE may be extended in six-month increments at the discretion of the Director of Planning Services up to two (2) times, and thereafter by the Board of County Commissioners. 2. COUNTY grader sheds. 3. One (1) NONCOMMERCIAL TOWER up to forty (40) feet in height per LEGAL LOT. (See Section 23-4-895.) 4. PUBLIC PARKS. 5. PUBLIC SCHOOLS. 6. TELECOMMUNICATION ANTENNA TOWERS up to thirty-five (35) feet in height. 7. TEMPORARY borrow pits used exclusively for the completion of a PUBLIC STREET/ROAD improvement project. 8. UTILITY SERVICE FACILITIES. C. Uses allowed subject to Site Plan Review. The following USES shall be allowed in the 1-2 Zone District following approval and recording of a Site Plan in accordance with Article II, Division 3, of this Chapter. Any USE conducted outside of an ENCLOSED BUILDING shall be SCREENED from adjacent PUBLIC RIGHTS -OF -WAY and ADJACENT LOTS in any Zone District other 1-3. 1. AGRICULTURAL PRODUCTION. 2. Any USE of a research, repairing, manufacturing, fabricating, assembling, processingPROCESSING, or storage nature. 3. Asphalt or concrete batch plants. 4. BIOSOLID and DOMESTIC SEPTAGE disposal subject to Chapter 14 of this Code. 5. BREWERIES, DISTILLERIES, and WINERIES. 6. CAR WASHES and gas stations. 7. COMMERCIAL STORAGE BUILDINGS. 8. CUSTOM MEAT PROCESSING. 9. DISTRIBUTION CENTERS. 10. Farm equipment sales, repair, and installation facilities. 11. Grain, seed, feed, and fertilizer retail and wholesale sales establishments. 12. Golf courses. 13. Headquarters or service facilities for taxi services, bus services and other services involving the transportation of people. 14. HELIPORTS. 15. INDOOR SHOOTING RANGES. 16. LANDSCAPING COMPANIES. 17. LUMBERYARDS/WOODWORKING. PAGE 101 2019-2621 ORD2019-02 18. OFFICES. 19. OIL AND GAS STORAGE FACILITIES. 20. OIL AND GAS SUPPORT AND SERVICE. 2-1. •CA -L- GAS -STORAGE FACILITIES. 221. OUTDOOR STORAGE. 2-3-22. OUTDOOR STORAGE of PUBLIC utility -related equipment. 2423. ORGANIC FERTILIZER PRODUCTION/COMPOSTING FACILITIES. 25.24. Parking areas and parking STRUCTURES. 25. PET CREMATORIES. 26. Police, ambulance, and fire stations or facilities. 27. RACING FACILITIES. 28. REPAIR SERVICE ESTABLISHMENT. 29. RETAIL/SERVICE ESTABLISHMENTS with a total GROSS FLOOR AREA of up to three thousand (3,000) square feet per LEGAL LOT. 30. SMALL SCALE SOLAR FACILITY. 31. TRANSLOADING. 32. THEATERS and convention halls. 33. VEHICLE SERVICE/REPAIR ESTABLISHMENTS. D. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in the 1-2 Zone District so long as they are clearly incidental and ACCESSORY to an allowed USE and included on an approved and recorded Site Plan. Any USE conducted outside of an ENCLOSED BUILDING shall be SCREENED from adjacent PUBLIC RIGHTS -OF -WAY and ADJACENT LOTS in any Zone District other 1-3. 1. AIRSTRIPS. 2. CARGO CONTAINERS. 3. Loading areas. 4. RECREATIONAL FACILITIES, COMMERCIAL, PUBLIC and PRIVATE. 5. SEMI -TRAILERS as accessory storage. 6. STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3-320.B. 7. WIND GENERATORS allowed as ACCESSORY USES in Section 23-4-450 of this Chapter. E. Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or operation in the 1-2 Zone District without prior approval of a land use permit from the Department of Planning Services. 1. One (1) MANUFACTURED HOME per LEGAL LOT, when used as living quarters for caretaker or security personnel responsible for maintaining or guarding the property, permitted under Division 3 of Article IV of this Chapter. PAGE 102 2019-2621 ORD2019-02 2. One (1) NONCOMMERCIAL TOWER between forty (40) and seventy (70) feet in height per LEGAL LOT permitted under Section 23-4-895. 3. OIL AND GAS FACILITIES permitted under Division 10 of Article II of this Chapter. 4. PIPELINES - NATURAL GAS or PIPELINES - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS permitted under Division 11 of Article II of this Chapter. 5. TELECOMMUNICATIONS ANTENNA TOWERS between thirty-five (35) and seventy (70) feet in height permitted under Division 10 of Article IV of this Chapter. 6. TEMPORARY seasonal USES permitted under Division 7 of Article IV of this Chapter. 7. WIND GENERATORS requiring a zoning permit under Division 6 of Article IV of this Chapter. F. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained in the 1-2 Zone District upon approval of a permit in accordance with the requirements of Article II, Division 4 of this Chapter. 1. Coal gasification facility. 2. COMMERCIAL JUNKYARDS. 3. COMMERCIAL SCHOOLS. 4. COMMERCIAL TRUCK WASHOUT FACILITIES. 5. CORRECTIONAL FACILITIES, subject to Article XV, Section 15-5, of the Weld County Charter. 6. MAJOR FACILITIES OF PUBLIC UTILITIES OR PUBLIC AGENCIES in accordance with Division 5 of Article II of this Chapter. 7. MEAT PROCESSING. 8. MEDIUM SCALE SOLAR FACILITIES, subject to the additional requirements of Section 23-4-1030. 9. Open MINING and processing of minerals. 10. PIPELINE - DOMESTIC WATER in accordance with Division 6 of Article II of this Chapter. 11. RESEARCH LABORATORIES. 12. Solid and hazardous waste disposal sites and facilities requiring Certificate of Designation in accordance with Sections 12-8-10 and 23-4-380 of this Code. 13. TELECOMMUNICATIONS ANTENNA TOWERS over seventy (70) feet in height. 14. USES similar to the USES listed as permitted as long as the USE complies with the general intent of the Zone District. 15. WIND GENERATORS requiring the issuance of Special Review Permit under Division 6 of Article IV of this Chapter. Delete G. PAGE 103 2019-2621 ORD2019-02 Amend Sec. 23-3-330.1-3 (Heavy Industrial) Zone District. A. Intent. The purpose of the 1-3 Zone District is to provide a zone to accommodate industrial USES that require larger amounts of space, are more resource -intensive than light industrial, and have limited public access. Properties zoned 1-3 should be located near transportation infrastructure such as highways, railroads, or AIRPORTS. B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be used and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the 1-3 Zone District, except for one (1) or more of the USES listed in this section. 1 Asphalt or concrete batch plant used TEMPORARILY and exclusively for an on -site construction project or the completion of a PUBLIC STREET/ROAD improvements project. The six-month limitation for this TEMPORARY USE may be extended in six-month increments at the discretion of the Director of Planning Services up to two (2) times, and thereafter by the Board of County Commissioners. 2. COUNTY grader sheds. 3. One (1) NONCOMMERCIAL TOWER up to forty (40) feet in height per LEGAL LOT. (See Section 23-4-895.) 4. PUBLIC PARKS. 5. PUBLIC SCHOOLS. 6. TEMPORARY borrow pits used exclusively for the completion of a PUBLIC STREET/ROAD improvement project. 7. TELECOMMUNICATION ANTENNA TOWERS up to thirty-five (35) feet in height. 8. UTILITY SERVICE FACILITIES. C. Uses allowed subject to Site Plan Review. The following USES shall be allowed in the 1-3 Zone District following approval and recording of a Site Plan in accordance with Article II, Division 3, of this Chapter. 1. ADULT BUSINESS, SERVICE or ENTERTAINMENT ESTABLISHMENT subject to the provisions of Article IX of this Chapter. 2. AGRICULTURAL PRODUCTION. 3. AIRSTRIPS and AIRPORTS, including crop -dusting operations. 4. Any USE of a research, repairing, manufacturing, fabricating, assembling, proc&as4n-9PROCESSING, or storage nature. 5. Asphalt or concrete batch plants. 6. BIOSOLID and DOMESTIC SEPTAGE disposal subject to Chapter 14 of this Code. 7. BREWERIES, DISTILLERIES, and WINERIES. 8. CAR WASHES and gas stations. 9. COMMERCIAL STORAGE BUILDINGS. 10. COMMERCIAL TRUCK WASHOUT FACILITIES. 11. CUSTOM MEAT PROCESSING. 12. DISTRIBUTION CENTERS. PAGE 104 2019-2621 ORD2019-02 13. Farm equipment sales, repair, and installation facilities. 14. Golf courses. 15. Grain, seed, feed, and fertilizer retail and wholesale sales establishments. 16. Headquarters or service facilities for taxi services, bus services and other services involving the transportation of people. 17. HELIPORTS. 18. INDOOR SHOOTING RANGES. 19. LANDSCAPING COMPANIES. 20. LUMBERYARDS/WOODWORKING. 21. MEAT PROCESSING. 22. OFFICES. 23. OIL AND GAS STORAGE FACILITIES. 24. OIL AND GAS SUPPORT AND SERVICE. 25. ORGANIC FERTILIZER PRODUCTION/COMPOSTING FACILITIES. 26. OUTDOOR STORAGE. 27. OUTDOOR STORAGE of PUBLIC utility -related equipment. 28. Parking areas and parking STRUCTURES. 29. PET CREMATORIES. 30. Police, ambulance, and fire stations or facilities. 31. RACING FACILITIES. 32. REPAIR SERVICE ESTABLISHMENT. 33. RESEARCH LABORATORIES. 34. RETAIL/SERVICE ESTABLISHMENTS with a total GROSS FLOOR AREA of up to three thousand (3,000) square feet per LEGAL LOT. 35. SMALL SCALE SOLAR FACILITY, subject to the additional requirements of Section 23- 4-1030. 36. THEATERS and convention halls. 37. TRANSLOADING. 38. VEHICLE SERVICE/REPAIR ESTABLISHMENTS. D. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in the 1-3 Zone District so long as they are clearly incidental and ACCESSORY to an allowed USE and included on an approved and recorded Site Plan. 1. CARGO CONTAINERS. 2. Loading areas. 3. RECREATIONAL FACILITIES, COMMERCIAL, PUBLIC and PRIVATE. 4. SEMI -TRAILERS as accessory storage. PAGE 105 2019-2621 ORD2019-02 5. STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3- 330.B. 6. WIND GENERATORS allowed as ACCESSORY USES in Section 23-4-450 of this Chapter. E. Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or operation in the 1-3 Zone District without prior approval of a land use permit from the Department of Planning Services. 1. One (1) MANUFACTURED HOME per LEGAL LOT, when used as living quarters for caretaker or security personnel responsible for maintaining or guarding the property, permitted under Division 3 of Article IV of this Chapter. 2. One (1) NONCOMMERCIAL TOWER between forty (40) and seventy (70) feet in height per LEGAL LOT permitted under Section 23-4-895. 3. OIL AND GAS FACILITIES permitted under Division 10 of Article II of this Chapter. 4. PIPELINES - NATURAL GAS or PIPELINES - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS permitted under Division 11 of Article II of this Chapter. 5. TELECOMMUNICATIONS ANTENNA TOWERS between thirty-five (35) and seventy (70) feet in height permitted under Division 10 of Article IV of this Chapter. 6. TEMPORARY seasonal USES permitted under Division 7 of Article IV of this Chapter. 7. WIND GENERATORS requiring a Zoning Permit under Division 6 of Article IV of this Chapter. F. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained in the 1-3 Zone District upon approval of a permit in accordance with the requirements of Article II, Division 4 of this Chapter. 1. Coal gasification facility. 2. COMMERCIAL JUNKYARDS. 3. COMMERCIAL SCHOOLS. 4. CORRECTIONAL FACILITIES, subject to Article XV, Section 15-5, of the Weld County Charter. 5. HEAVY MANUFACTURING — PROCESSING. 6. MAJOR FACILITIES OF PUBLIC UTILITIES OR PUBLIC AGENCIES in accordance with Division 5 of Article II of this Chapter. 7. MEDIUM SCALE SOLAR FACILITIES, subject to the additional requirements of Section 23-4-1030. 8. Open MINING and processing of minerals. 9. PETROLEUM REFINERIES. 10. PIPELINE - DOMESTIC WATER in accordance with Division 6 of Article II of this Chapter. 11. Solid and hazardous waste disposal sites and facilities requiring Certificate of Designation in accordance with Sections 12-8-10 and 23-4-380 of this Code. 12. TELECOMMUNICATIONS ANTENNA TOWERS over seventy (70) feet in height. PAGE 106 2019-2621 ORD2019-02 13. USES similar to the USES listed as permitted as long as the USE complies with the general intent of the Zone District. 14. WIND GENERATORS requiring the issuance of Special Review Permit under Division 6 of Article IV of this Chapter. Delete G. Ame d Seca 23@3®34 •gym f k str:ndardse All BUILDINGS, STRUCTURES, USES, and land located in the Industrial Zone Districts shall be located, designed, used and occupied in accordance with the requirements enumerated in this section. A. Minimum SETBACK: twenty-five (25) feet. B. Minimum OFFSET: ten (10) feet or one (1) foot for every two (2) feet of BUILDING HEIGHT, whichever is greater. C. No occupied BUILDING or STRUCTURE shall be constructed within two hundred (200) feet of any TANK BATTERY, within one hundred fifty (150) feet of any oil and gas wellhead, or within twenty-five (25) feet of any plugged or abandoned oil and gas well. D. Maximum LOT COVERAGE: No more than eighty-five percent (85°l0) of the total area of a LOT in any Industrial Zone District shall be covered. �t['� mend Sec® 23-3-350. Farh f un.evope ��},G, ilia"ssk ��at� t .•'1 il� , �j� � � t5 SncO �i� FARM NG shall be allowed on any undeveloped land in any I Zone District as long as the maximum exceeded. lumber of ANIMAL UNITS per LO Delete Sec. 23-3-3600 Dlvlsln 6 ® E (Estate) Zone District Amen t Sec. 3-340 Intent. awed in the A (Agricultural) Zone District is not The E (Estate) Zone District is intended to provide present and future residents with areas in which to locate and establish rural, large -lot residential land USES and land USES that are compatible with very low -density residential areas. The E Zone District is intended to be located, designed and developed in a manner that is compatible with the applicable requirements of this Code. This Zone District may serve as a transition between Agricultural areas and R-1 Zone Districts, but should be located such that driveways will be located on very low -traffic, local, PUBLIC or private STREETS/ROADS. Sec. 23-3-405 Water and sewer r= quirements. All USES requiring water in the Estate Zoning District shall be connected to and served by a PUBLIC WATER system and an adequate sewage disposal system. The sewage disposal system shall comply with the On -Site Wastewater Treatment System regulations contained in Chapter 30 of this Code or shall be served by PUBLIC SEWER service. Evidence that PUBLIC WATER and an adequate sewage disposal system are available to the LOT shall be provided prior to the issuance of a building permit. PAGE 107 2019-2621 ORD2019-02 Amend Sec. 23-3-410. Uses allowed by right. No BUILDING, STRUCTURE or land shall be used, and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the E Zone District except for one (1) or more of the following USES. A. GARDENING. B. FISHING and noncommercial WATER SKIING. C. One (1) NONCOMMERCIAL TOWER up to forty (40) feet in height per LEGAL LOT. (See Section 23-4-895.) D. PUBLIC parks. E. PUBLIC SCHOOLS. F. One (1) SINGLE-FAMILY DWELLING, FOSTER CARE HOME, or GROUP HOME FACILITY per LEGAL LOT. G. UTILITY SERVICE FACILITIES. Delete H thru K. Sec. 23-3-415. Uses allowed subject to Site Plan Review. The following USES shall be allowed in the E Zone District following approval and recording of a Site Plan in accordance with Article II, Division 3, of this Chapter. A. CHURCHES. B. Golf courses. C. Police, ambulance, and fire stations or facilities. D. Private SCHOOLS. E. RECREATIONAL FACILITIES, PUBLIC and PRIVATE. Amend Sec. 23-3-420. Accessory uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in the E (Estate) Zone District so long as they are clearly incidental and accessory to an allowed USE. Note: The combined GROSS FLOOR AREA of all ACCESSORY BUILDINGS constructed after the original effective date of this Chapter (August 25, 1981) on LOTS of less than ten (10) acres in SUBDIVISIONS and HISTORIC TOWNSITES shall not exceed four (4) percent of the total LOT area, except in Regional Urbanization Areas (RUA), which shall adhere to RUA development standards. However, in no case shall such an ACCESSORY BUILDING in a SUBDIVISION or HISTORIC TOWNSITE exceed twice the GROSS FLOOR AREA of the principal DWELLING UNIT on the LOT except by VARIANCE. Any ACCESSORY BUILDING made nonconforming by application of this Section may be repaired, replaced or restored in total. Exterior portions of all ACCESSORY BUILDINGS, including the roof, shall be constructed of nonreflective materials. A. ANIMAL BOARDING and animal TRAINING FACILITIES where the maximum number of ANIMAL UNITS permitted in Section 23-3-440 below is not exceeded and traffic to and from the facility does not exceed sixty (60) daily trips. B. FARMING. C. Parking areas and parking STRUCTURES, not including parking of COMMERCIAL VEHICLES. PAGE 108 2019-2621 ORD2019-02 D. STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3-410, not including CARGO CONTAINERS. E. Swimming pools, tennis courts and similar ACCESSORY USES and STRUCTURES. F. WIND GENERATORS allowed as ACCESSORY USES in Section 23-4-450 of this Chapter. Delete G. Sec. 23-3-425. —Uses allowed by permit. No USE listed in this Section shall commence construction or operation in the E Zone District without prior approval of a land use permit from the Department of Planning Services. A. AUXILIARY QUARTERS, which shall require approval of a certificate of compliance by the Department of Planning Services to ensure the USE complies with the definition in Section 23-1-90 of this Code. B. HOME OCCUPATIONS permitted under Division 13 of Article IV of this Chapter. C. One (1) NONCOMMERCIAL TOWER between forty (40) and seventy (70) feet in height per LEGAL LOT permitted under Section 23-4-895. D. OIL AND GAS FACILITIES permitted under Division 10 of Article II of this Chapter. E. Parking of one (1) COMMERCIAL VEHICLE per LEGAL LOT permitted under Division 12 of Article IV of this Chapter. F. PIPELINES - NATURAL GAS or PIPELINES - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS permitted under Division 11 of Article II of this Chapter. G. WIND GENERATORS requiring a Zoning Permit under Division 6 of Article IV of this Chapter. Amend Sec. 23-3-430. Uses by special review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained in the E Zone District upon approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. A. ACCESSORY BUILDINGS with a GROSS FLOOR AREA larger than four (4) percent of the total LOT area, as detailed in Section 23-3-420 above. B. BED AND BREAKFAST FACILITIES. C. CHILD CARE CENTERS. D. HOME BUSINESSES. E. PIPELINES - DOMESTIC WATER in accordance with Division 6 of Article II of this Chapter. F. RESIDENTIAL THERAPEUTIC CENTERS. G. USES similar to the USES listed as permitted as long as the USE complies with the general intent of the Zone District. H. WIND GENERATORS requiring the issuance of Special Review Permit under Division 6 of Article IV of this Chapter. Delete remainder of Section. PAGE 109 2019-2621 ORD2019-02 Amend Sec, 23-3-440. Bulk requirements. The following Subsections list the bulk requirements for the E Zone District. All BUILDINGS, STRUCTURES, USES, and land in the E district are subject to the requirements contained in this Section. A. thru D. — No change. E. Minimum OFFSET for DWELLING UNITS when ADJACENT to the A (Agricultural) Zone District: forty (40) feet. F. REPEALED. G.- No change. H. Maximum number of ANIMAL UNITS: one (1) per acre, not to exceed eight (8) ANIMAL UNITS per LOT. The maximum number of HOUSEHOLD PETS per LOT shall be four (4) HOUSEHOLD PETS of one (1) species or a total of seven (7) HOUSEHOLD PETS of two (2) or more species. I. Minimum GROSS FLOOR AREA of SINGLE-FAMILY DWELLING: one thousand two hundred (1,200) square feet. J. REPEALED. (See Section 23-3-420.) K. REPEALED. (See Section 23-3-420.) L. No occupied BUILDING or STRUCTURE shall be constructed within two -hundred (200) feet of any tank battery, within one hundred -fifty (150) feet of any oil and gas wellhead or within twenty-five (25) feet of any plugged or abandoned oil and gas well. M. Sources of light shall be shielded so that beams or rays of light will not shine directly onto ADJACENT properties or PUBLIC or private STREETS/ROADS. Neither the direct nor reflected light from any light source may create a traffic hazard to operators of motor vehicles on PUBLIC or private STREETS/ROADS. No colored lights may be used which may be confused with or construed as traffic control devices. Division 6 - PUD (Planned Unit Development) District Amend Sec. 23-3-500. PUDs subject to Chapter 27 of this Code. All land in the PUD (Planned Unit Development) Zone District shall be subject to the regulations in Chapter 27 - Planned Unit Development of this Code. Delete Sec. 23-3-510. Delete Sec. 23-3-520. Delete Sec. 23-3-530. Delete Sec. 23-3-540. Delete Sec. 23-3-550. Delete Sec. 23-3-56 PAGE 110 2019-2621 ORD2019-02 AR`DCLE IV - Supplementary District Regulations and Zoning Permits Division 1 - Off -Street Parking and Loading Requirements Amend Sec. 23-4-20. Location of off-street parking areas. A. If the land USE with respect to which the off-street parking requirements exist is confined to a single LOT, the off-street parking spaces shall be within that LOT or on a different LOT, properly zoned, not more than five hundred (500) feet distant, measured along a PUBLIC STREET/ROAD or ALLEY which connects the two (2) LOTS. If the land USE is located on two (2) or more commonly owned and adjoining LOTS, the off-street parking spaces may be located on any one (1) or more of those LOTS or on a properly zoned LOT separated from them by not more than five hundred (500) feet, measured in the same way. B. Off-street parking areas may be permitted within the required SETBACK or OFFSET areas. C. Parking areas shall not be permitted in any RIGHTS -OF -WAY. Amend Sec. 23-4-30. Design and construction of off-street parking spaces. A. and B. — No change. C. Off-street parking spaces including access drives shall be surfaced with gravel, asphalt, concrete or equivalent and shall be graded to prevent drainage problems. PARKING LOT surfaces shall be consistent with the surrounding DEVELOPMENT, but any USE requiring approval of a Site Plan Review shall have paved PARKING LOTS. D. — No change. E. Lighting provided for off-street parking spaces shall be arranged so as to minimize illumination onto adjoining residential USES and so as to prevent glare directed at vehicles on STREETS/ROADS and ALLEYS. F. REPEALED. (See Subsection C above.) G. PARKING LOTS shall conform to all standards of the Americans with Disabilities Act. H. PARKING LOTS with two-way driveways will be provided with sufficient turning lane widths to allow two (2) vehicles to pass. I.- No change. J. Landscaping techniques shall be utilized in design of PARKING LOTS to aid in buffering PARKING LOTS from STREETS/ROADS. The PARKING LOT of any USE requiring approval of a Site Plan Review shall be SCREENED from PUBLIC RIGHTS -OF -WAY and ADJACENT properties zoned R-1, R-2, R-3, R-4 or R-5. Amend Sec. 23-4-50. Off-street loading required. A. Off-street loading spaces shall be required for LOTS in the I and C Zone Districts. Off-street loading spaces shall be located and SCREENED from PUBLIC RIGHTS -OF -WAY and ADJACENT properties zoned R-1, R-2, R-3, R-4 or R-5. One (1) off-street loading space shall be required if the COMMERCIAL or industrial USE is located in a BUILDING containing between ten thousand (10,000) square feet and twenty thousand (20,000) square feet of GROSS FLOOR AREA, and one (1) additional off-street loading space shall be required for each additional twenty thousand (20,000) square feet or fraction thereof of GROSS FLOOR AREA. B — No change. PAGE 111 2019-2621 ORD2019-02 C. Off-street loading spaces shall be surfaced with either gravel, asphalt or concrete and shall be graded so as to prevent drainage problems. Each space should be equipped with wheel guards when necessary to prevent vehicles from extending beyond the boundary of this space and from coming into contact with other vehicles, walls, fences or plantings. Off-street loading area surfaces shall be consistent with the surrounding developmentDEVELOPMENT, but any USE requiring approval of a Site Plan Review shall have a paved off-street loading area. D. Lighting provided for off-street loading spaces shall be arranged so as to minimize illumination onto ADJACENT residential property and so as to prevent glare directed at vehicles on STREETS/ROADS and ALLEYS. E. Off-street loading spaces shall be located in such a way that, when the space is being used to load or unload a vehicle, no part of the vehicle will occupy an ADJACENT STREET/ROAD or sidewalk. Division 2 - Signs Amend Sec. 23-4-60. Purposes and applicability. A. The purposes of this Division are the following: to encourage the effective use of SIGNS as a means of communication in unincorporated Weld County; to maintain and enhance the visual corridors and the County's ability to attract sources of economic development and growth; to improve pedestrian and traffic safety; to minimize the possible adverse effect of SIGNS on nearby public and private property; and to enable the fair and consistent enforcement of these S IGN restrictions. More specifically, the regulations set forth in this Division are intended to: 1. Establish a system to allow a variety of types of SIGNS in commercial and industrial zones and a limited variety of SIGNS in other zones, subject to the standards and the permit procedures of this Division. 2. Allow certain SIGNS that are small, unobtrusive, and incidental to the principal useUSE of the respective SLOTS on which they are located, subject to the substantive requirements of this Division, but without a requirement for zoning approval. 3. Prohibit all SIGNS not expressly permitted by this Division. 4. Provide for the enforcement of the provisions of this Division. B. No SIGN shall be erected, placed, established, painted, created or maintained in unincorporated Weld County unless it is in conformance with the standards, procedures, exemptions and other requirements of this Division. Amend Sec. 23-4-70. General provisions. S IGNS shall be permitted in the various zoning districts according to the regulations contained in this Division and in accordance with the requirements set forth in Appendices 23-C, 23-D and 23-E A. No SIGN shall be structurally erected, enlarged, constructed, reconstructed, relocated, refaced or otherwise altered without first obtaining all required building permits from the Department of Building Inspection and, if required, zoning approval from the Department of P lanning Services and the Colorado Department of Transportation. PAGE 112 2019-2621 ORD2019-02 B. No SIGN shall be erected at or near the intersection of any STREET/ROAD or driveway in such a manner as to obstruct free and clear vision of motorists, or at any location where, by reason of the position, shape or color, it may interfere with, obstruct the view of or be confused with, any authorized traffic SIGN, signal or device. SIGNS located at an intersection must be outside of the sight distance triangle. SIGNS which could potentially affect vehicle traffic shall be reviewed by the Department of Public Works and the Colorado Department of Transportation, if applicable. C. No SIGN other than traffic control SIGNS, except as expressly allowed by Colorado Revised Statutes and/or permitted by the Colorado Department of Transportation, shall be erected, constructed or maintained within, over or upon the right-of-way of any county, state or federal road or highway within the COUNTY. D. All SIGNS, except BILLBOARDS and OFF -SITE DIRECTIONAL SIGNS, shall contain information related to the USES being conducted on the ZONE LOT. E. All SIGNS erected in a PUBLIC RIGHT-OF-WAY by a governmental agency controlling or directing traffic shall be exempt from the provisions of this Division. F. All SIGNS and components, including supports, braces and anchors, shall be of sound structural quality and shall be kept in a state of good repair with a clean and neat appearance. Any DERELICT SIGN shall be returned to, and maintained in, the condition as originally established on the site, or it shall be removed from the site. Amend Sec. 23-4-75. Definitions. For the purposes of this Division 2, certain words and phrases used herein shall be interpreted as defined in Section 23-1-90. Amend Sec. 23-4-80. Sign construction standards. A. All letters, figures, characters or representations maintained in conjunction with, attached to or superimposed upon any SIGN shall be safely and securely built or attached to the SIGN structure. B. Any operable or removable parts of a SIGN, such as a service opening cover or changeable mechanically affixed lettering, logo, insignia or message, shall be securely fastened or be provided with safety chains or hinges. C. — No change. D. All permanent SIGNS and SIGN structures shall be designed and constructed to comply with the Building Code set forth in Chapter 29 of this Code. All electrically illuminated SIGNS shall be designed and constructed to conform with the Electrical Code set forth in Chapter 29 of this Code. All SIGNS and SIGN structures shall also be designed and constructed to comply with the design requirements set forth in this Code. PAGE 113 2019-2621 ORD2019-02 P� mend Sec. 23-4-90. Design plans for signs requiring zoning approval. The owner, or applicant as agent for the owner, shall prepare a set of SIGN plans for all exterior SIGNS in any DEVELOPMENT. Such plans shall be included as part of any Site Plan Review, Use by Special Review Permit, Planned Unit Development and Major or Minor Subdivision. The SIGN type, size, height, colors, materials, styles of lettering, appearance of any logo, type of illumination and location shall be set out in such plans. The plans shall be such that SIGNS constructed or maintained under the plans will comply with the SIGN regulations of the COUNTY and shall be for the purpose of assuring harmony and visual quality throughout a project. Final development plans shall not be approved until the SIGN plans have been approved by the Board of County Commissioners or planning staff. All SIGNS shall be designed and constructed of materials which harmonize with the architecture of the site on which the SIGN is located. Generally, the use of SIGN materials the same as, or similar to, the main building materials used on site shall be found to provide the required level of design harmony. Amend Sec. 23-4-100. Nonconforming signs. Each legally established SIGN in existence on April 10, 2006, the effective date of the repeal and reenactment of this Division, may continue in existence subject to the following: A A SIGN shall not be altered structurally or moved unless it is made to comply with the provisions of these regulations. The changing of the movable parts of an existing SIGN that is designed for such changes, or the repainting or reposting of display matter shall not be deemed a structural alteration. B The lawful USE of a SIGN existing on April 10, 2006, the effective date of the repeal and reenactment of this Division, although such SIGN does not conform to the provisions hereof, may continue; however, if such NONCONFORMING USE is discontinued for a period of six (6) months or more, such SIGN shall not be used until it has been made to conform with the provisions of this Division. Any SIGN which has been damaged by fire, wind, explosion or act of God, to the extent that fifty percent (50%) or more of the construction value or replacement cost of the SIGN before it was damaged, shall be deemed to have been totally destroyed and the SIGN shall not be restored except in conformity with this Division. Any SIGN which has been damaged to an extent less than fifty percent (50%) of the construction value or replacement cost of the SIGN before it was damaged may be restored to the condition in which it existed previously as a NONCONFMI NG USE prior to its damage. Amend Sec. 234-110. Computations of sign area and height. A. Computations of area of WALL SIGNS and single -faced SIGNS. The area of a SIGN face shall be computed by means of the smallest square, circle, rectangle, triangle or combination thereof, that will encompass the extreme limits of the writing, representation, emblem or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the SIGN from the backdrop or structure against which it is placed, but not including any supporting framework, bracing or decorative fence or wall when such fence or wall otherwise meets Weld County Code regulations and is clearly incidental to the display itself. PAGE 114 2019-2621 ORD2019-02 B. Computation of area of multi -faced SIGNS. The SIGN area for a SIGN with more than one (1) face shall be computed by adding together the area of all SIGN faces visible from any one (1) point. When two (2) identical SIGN faces are placed back to back, so that both faces cannot be viewed from any point at the same time, and when such SIGN faces are part of the same SIGN structure and are not more than twenty-four (24) inches apart, the SIGN area shall be computed by the measurement of one (1) of the faces. C. Computation of height. SIGN height shall be computed as the vertical distance from mean natural grade at foundation to the highest point of the SIGN structure. Natural grade shall be construed to be the lower of (1) existing grade prior to construction, or (2) the newly established grade after construction, exclusive of any filling, berming, mounding or excavating solely for the purpose of locating the SIGN. Amend Sec. 23-4-120. Requirements for setback, offset and clearance. A. The OFFSETS for all temporary and FREESTANDING SIGNS from ADJACENT properties shall be ten (10) feet. B. The OFFSET for FLAGS shall be ten (10) feet, or the height of the pole, whichever is greater. C. The SETBACK for BILLBOARDS and OFF -SITE DIRECTIONAL SIGNS in the Commercial and Industrial Zone Districts shall be twenty-five (25) feet from the current or future STREET/ROAD RIGHT-OF-WAY, whichever is greater. The SETBACK for all other FREESTANDING SIGNS in the Commercial and Industrial Zone Districts shall be fifteen (15) feet from the current or future STREET/ROAD RIGHT-OF-WAY, whichever is greater. D. The SETBACK for OFF -SITE DIRECTIONAL SIGNS in the Agricultural Zone District shall be twenty-five (25) feet from the current or future STREET/ROAD RIGHT-OF-WAY, whichever is greater. The SETBACK for all other FREESTANDING SIGNS in the Agricultural Zone District shall be three (3) feet, or one (1) foot for every three (3) feet of SIGN height, whichever is greater. E. The SETBACK for all FREESTANDING SIGNS in Estate and Residential Zone Districts shall be twenty (20) feet. F. and G. — No change. Division 3 - Manufactured homes, manufactured structures, and occupied recreational vehicles. Amend Sec. 23-4-130. Permit requirements. Where a MANUFACTURED HOME, MANUFACTURED STRUCTURE, or occupied RECREATIONAL VEHICLE is permitted in Article III of this Chapter upon issuance of a zoning permit, the permit may be issued by the Department of Planning Services upon a determination that the application complies with this Division 3 and any applicable provisions of this Code. An application for any zoning permit for a MANUFACTURED HOME, MANUFACTURED STRUCTURE, or occupied RECREATIONAL VEHICLE shall include the following: A. thru E. — No change. F. A sketch plan of the site at the scale of one (1) inch represents fifty (50) feet or other suitable scale to show: 1. The proposed location of the MANUFACTURED HOME, MANUFACTURED STRUCTURE, or occupied RECREATIONAL VEHICLE, including distances from the property LOT lines and other STRUCTURES on the property. PAGE 115 2019-2621 ORD2019-02 2. Access to the MANUrACTURED HOME, MANUFACTURED S :fRUCTURE, or occupied RhCR °TIONAL v 3.- No change. }-HICLE indicating whether the access is existing or proposed. 4. An ccess is or can bo made available that provides for safe ingress and egress to a PU:LIC STREET/R•AD. All accesses sh.11 be in accordance with the access requirements set forth in this Code. 5. Identification on any COUNTY, sty: to or federal STEETS/RADS or highways. 6. - No change. G. Methods of disposal of sewage or other wastes in compliance with the requirements of the Colorado Department of Public Health nd Environment and the County Department of Public Health and Environment, except °nor applic,aSns for TEMPORARY storage of a WA\UFACTU' ;ED HOME under Section 23-4-160 below. El. Methods of supplying water in such a manner as to be adequate in quality, quantity and dependaoility for the proposed USE, except for applications for TEMPORARY storage of a IVY ;NU. _ ACTU'RITD HME under Section 23-4-160 below. I. An application fee. Each request for a r new I or extension of a TEMPSRRY permit shall also be accompanied by the appropriate application fee. An additional fifty (50) percent of the application fee shall be added to the cost of the application fee if the USE is started prior to issuance of a permit. The payment of the investigation fee shall not relieve any persons from fully complying with the requirements of this Chapter, nor from any other penalties. t J. The requirements of this Division 3 require the applicant to provide a certified list Lithe nAmes, addresses and the corresponding Parcel Identification Number assigned by the County sscssor of the owners of property (the surface estate) within five hundred (500) feet of the A, property lines of the parcel where the MANUFACTURED HOME shII be placed. The source of sucn list shall be he rec •rds of the County ;,ssessor, or an ownership update from a title or abstract company or attorney, derived from such records or from the rec`•-rds of the County Clerk and Recorder. If the list was assembled from the records of the County Assessor, the applicant shall certify th,t such list was assembled within thirty (30) days of the application submission date. K. REPEALED. L. Completed Building Permit application. M. Each request for a T MPRARY permit shall include a statement by the applicant acknowledging that the TEMPORARY permit sh,II cease to exist at any such time as the UFACTU, _ ED H, ME, ` MANUFACTURED STRUCTURE, or occupied RECREATIONAL VEHIC _ is used fr other than the permitted USE, or expire at the end of the initial or extended term of the permit for TEMPORAL, Y storage of the MN J 6' ACTU ED-IONIIi C . Such application shall include detailed plans for removal of the MANUFACTURED HOME or MANUFACTURED STRUCTUE upon expiration of the TEMPORARY permit. r1? mend Sec. 23=4=140. ROPEAB ED. m tnd Sec. 23=4450. re racy use during costructlion of residence. A zoning permit for the USr- of a MANUFACTURED HOME or RECREATIONAL VEI _ IICLE occupied as a TEMPORARY DWELLING UNIT during the construction of a permanent ®WE LINO UNIT on the same LOT in the A (Agricultural) Zone District may be issued by the Department of Planning Se rviccs subject to the following provisions: PAGE 116 2019-2621 ORD2019-02 A. The applicant shall have a valid building permit for the construction of a permanent DWELLING UNIT on the same LOT. B. Construction of the permanent DWELLING UNIT shall commence within ninety (90) days of issuance of the zoning permit for the MANUFACTURED HOME or RECREATIONAL VEHICLE and shall be diligently pursued. C. The applicant shall demonstrate that adequate water and sewage disposal facilities are available. D. The TEMPORARY permit for occupancy of the MANUFACTURED HOME or RECREATIONAL VEHICLE shall be issued for a period of six (6) months. The permit may be renewed by the Department of Planning Services for two (2) additional six-month periods upon a determination by staff that construction of the permanent DWELLING UNIT is being pursued with diligence. E. The Department of Planning Services shall make its determination on the issuance of a zoning permit for a MANUFACTURED HOME or occupied RECREATIONAL VEHICLE as a TEMPORARY USE during construction of a DWELLING UNIT on the basis of a signed statement by the applicant that the conditions of Subsections A through D above are met, upon information contained in the permit application, and upon such independent evidence as may be available or which the staff may reasonably require. F. Extensions of six-month increments beyond the above eighteen -month period may be granted only by the Board of County Commissioners. The Board of County Commissioners shall hear the application for an extension at a regularly scheduled meeting of the Board. The Board of County Commissioners shall give notice of the application for a zoning permit and the meeting date to those persons listed in the application as owners of property located within five hundred (500) feet of the parcel under consideration. Such notification shall be mailed, first- class, not less than ten (10) days before the scheduled meeting. Such notice is not required by state statute and is provided as a courtesy to surrounding property owners (the surface estate). Inadvertent errors by the applicant in supplying such list or the Department of Planning Services in sending such notice shall not create a jurisdictional defect in the permit process, even if such error results in the failure of a surrounding property owner to receive such notification. The Department of Planning Services shall post a sign for the applicant on the property in question indicating that a MANUFACTURED HOME or occupied RECREATIONAL VEHICLE has been requested for the property, the meeting date and a telephone number where further information may be obtained. The sign shall be posted at least ten (10) days prior to the meeting date and evidenced with a photograph. In its review of an application, the Board of County Commissioners shall consider the good faith efforts of the applicant to pursue construction diligently and any unforeseeable or unavoidable circumstances which may have delayed completion of construction, requiring the extension. In addition, the Board of County Commissioners shall consider compatibility of the MANUFACTURED HOME or occupied RECREATIONAL VEHICLE with the surrounding area, harmony with the character of the NEIGHBORHOOD, its effects upon the immediate area and the general health, safety and welfare of the inhabitants of the area and the COUNTY. G. MANUFACTURED HOMES permitted as a TEMPORARY USE during construction of a permanent DWELLING shall be removed within thirty (30) days after the permanent DWELLING has been occupied. H. A MANUFACTURED HOME permitted as a TEMPORARY USE during construction of a permanent DWELLING shall not have a permanent foundation. PAGE 117 2019-2621 ORD2019-02 Amend Sec. 23-4-160. Temporary storage of unoccupied manufactured home. A zoning permit for the TEMPORARY storage of one (1) unoccupied MANUFACTURED HOME, not including the storage of goods inside the UNIT, on a LOT in the A (Agricultural) Zone District may be issued by the Department of Planning Services subject to the following provisions: A. The applicant shall obtain a building permit- and shall comply with all applicable installation standards of Chapter 29 of this Code; provided, however, that no utility hookups to the MANUFACTURED HOME of any type, including septic systems, shall be allowed. B. The MANUFACTURED HOME may not be used on any basis as a DWELLING or as overnight or TEMPORARY housing for any person. C. The applicant shall demonstrate that no reasonable alternative exists to the TEMPORARY storage of the MANUFACTURED HOME on the land involved. D. Only one (1) zoning permit for TEMPORARY storage of a MANUFACTURED HOME may be issued per LEGAL LOT at any one (1) time. E. The Department of Planning Services shall make its determination on the issuance of a zoning permit for the TEMPORARY storage of a MANUFACTURED HOME on the basis of a signed statement by the applicant that the conditions of Subsections A through D above are met, upon information contained in the permit application, and upon such independent evidence as may be available or which the staff may reasonably require. F. A zoning permit for TEMPORARY storage of a MANUFACTURED HOME shall be for a period of six (6) months, and is renewable for additional six-month periods only by grant of the Board of County Commissioners. G. The Board of County Commissioners shall hear the application for renewal of a zoning permit for TEMPORARY storage of a MANUFACTURED HOME at a regularly scheduled meeting of the Board. The Board of County Commissioners shall give notice of the application for a zoning permit and the meeting date to those persons listed in the application as owners of property located within five hundred (500) feet of the parcel under consideration. Such notification shall be mailed, first-class, not less than ten (10) days before the scheduled meeting. Such notice is not required by state statute and is provided as a courtesy to surrounding property owners (the surface estate). Inadvertent errors by the applicant in supplying such list or the Department of Planning Services in sending such notice shall not create a jurisdictional defect in the permit process, even if such error results in the failure of a surrounding property owner to receive such notification. The Department of Planning Services shall post a sign for the applicant on the property in question indicating that a MANUFACTURED HOME has been requested for the property, the meeting date and a telephone number where further information may be obtained. The sign shall be posted at least ten (10) days prior to the meeting date and evidenced with a photograph. The Board of County Commissioners shall consider any testimony of surrounding property owners concerning the effects of the MANUFACTURED HOME on surrounding property. The Board of County Commissioners shall also consider whether the application has demonstrated compliance with the requirements of Subsections A through D above, as well as compatibility of the MANUFACTURED HOME with the surrounding area, harmony with the character of the NEIGHBORHOOD, its effects upon the immediate area and the general health, safety and welfare of the inhabitants of the area and the COUNTY. H. A MANUFACTURED HOME permitted to be stored TEMPORARILY shall not have a permanent foundation. Amend Sec. 23-4-165. REPEALED. PAGE 118 2019-2621 ORD2019-02 Amend Sec. 23-4-170. Annual accessory farming use. A. A zoning permit for the annual USE of one (1) MANUFACTURED HOME for an ACCESSORY FARMING USE, on a LOT in the A (Agricultural) Zone District, in addition to a principle DWELLING UNIT, may be issued by the Department of Planning Services upon determination that: 1. The MANUFACTURED HOME will be occupied by persons PRINCIPALLY EMPLOYED at or PRINCIPALLY ENGAGED in the operation of the USE where the MANUFACTURED HOME is located. ACCESSORY FARMING USE of the MANUFACTURED HOME shall be established and revalidated on an annual basis as follows: Evidence shall be submitted by the applicant or property owner on the anniversary of the permit's issuance for review and acceptance by the Department of Planning Services verifying that the MANUFACTURED HOME occupant is PRINCIPALLY EMPLOYED at or engaged in the FARMING operation on the subject property or is a caretaker or security personnel for the subject property. The evidence shall consist of tax records (W-2 forms), employment agreements or other documentation as determined suitable by the Department of Planning Services. Failure to submit the required documentation may result in cessation of the allowance of the MANUFACTURED HOME for annual ACCESSORY FARMING USE. 2. The MANUFACTURED HOME is necessary for the effective and economic operation of the USE and/or protection of the agricultural USE. 3. The MANUFACTURED HOME will not be used as an income source by the applicant for rental to persons who are not PRINCIPALLY EMPLOYED upon the LOT. 4. Adequate water and sewage disposal facilities are available to the MANUFACTURED HOME. 5. REPEALED. 6. The applicant shall obtain a BUILDING permit for the MANUFACTURED HOME and comply with all installation standards of Chapter 29 of this Code. B. — No change. PAGE 119 2019-2621 ORD2019-02 C. A zoning permit for more than one (1) MANUFACTURED HOME in the A (Agricultural) Zone District as an ACCESSORY farm USE may be issued by the Department of Planning Services upon a determination that the criteria of Paragraphs A.1 through A.6 above and Section 23-4-230 below are met. If the applicant is not able to meet the criteria stated in Section 23-4-230 below, the zoning permit may be issued only upon approval by the Board of County Commissioners. The Board of County Commissioners shall review the application for compliance with the criteria set out in Paragraphs A.1 through A.6 above at a regularly scheduled meeting of the Board. The Board of County Commissioners shall give notice of the application for a zoning permit and the meeting date to those persons listed in the application as owners of property located within five hundred (500) feet of the parcel under consideration. Such notification shall be mailed, first-class, not less than ten (10) days before the scheduled meeting. Such notice is not required by state statute and is provided as a courtesy to surrounding property owners (the surface estate). Inadvertent errors by the applicant in supplying such list or the Department of Planning Services in sending such notice shall not create a jurisdictional defect in the permit process, even if such error results in the failure of a surrounding property owner to receive such notification. The Department of Planning Services shall post a sign for the applicant on the property in question indicating that a MANUFACTURED HOME has been requested for the property, the meeting date and telephone number where further information may be obtained. The sign shall be posted at least ten (10) days prior to the meeting date and evidenced with a photograph. The Board of County Commissioners shall consider any testimony of surrounding property owners concerning the effects of the MANUFACTURED HOME on the surrounding properties. In addition, the Board shall consider compatibility of the MANUFACTURED HOME with the surrounding area, harmony with the character of the NEIGHBORHOOD, its effects upon the immediate area, and the general health, safety and welfare of the inhabitants of the area and the COUNTY. D. All MANUFACTURED HOMES as ACCESSORY FARMING USES are temporary. Allowance of the MANUFACTURED HOME shall be extended only if the USE continues to be in conformance with the criteria set out in Paragraph A.1 above. The MANUFACTURED HOME shall be removed from the property upon the cessation of the USE of the MANUFACTURED HOME as an ACCESSORY FARMING USE or at any such time as the MANUFACTURED HOME is used for other than the allowed USE. E. A MANUFACTURED HOME permitted for ACCESSORY FARMING USE shall not have a permanent foundation. Amend Sec. 23-4-180. Annual accessory use during medical hardship. A. A zoning permit for the annual USE of a MANUFACTURED HOME during a medical hardship on a LOT in the A (Agricultural) Zone District, in addition to the principal DWELLING UNIT, may be issued by the Department of Planning Services upon a determination that: 1. A medical hardship exists in which the person to be living in the MANUFACTURED HOME requires the supervision and care of those persons residing in the principal DWELLING UNIT on the property (or the reverse). Documentation of the medical hardship shall be established in a letter from the subject's medical doctor or other evidence deemed suitable by the Department of Planning Services. The letter shall be submitted as a part of the zoning permit application and shall verify that the subject is physically impaired and requires full-time care. 2. — No change. PAGE 120 2019-2621 ORD2019-02 3. Adequate water and sewage disposal facilities are available to the MANUFACTURED HOME. B. A MANUFACTURED HOME zoning permit for TEMPORARY ACCESSORY USE during a medical hardship in the A (Agricultural) Zone District may be issued by the Department of Planning Services upon a determination that the criteria of Paragraphs A.1 through A.3 above and Section 23-4-230 below are met. If the applicant is not able to meet the criteria stated in Section 23-4-230 below, the Board of County Commissioners shall review the application for compliance with the criteria set out in Paragraphs A.1 through A.3 above at a regularly scheduled meeting of the Board. The Board of County Commissioners shall give notice of the application for a zoning permit and the meeting date to those persons listed in the application as owners of property located within five hundred (500) feet of the parcel under consideration. Such notification shall be mailed, first-class, not less than ten (10) days before the scheduled meeting. Such notice is not required by state statute and is provided as a courtesy to surrounding property owners (the surface estate). Inadvertent errors by the applicant in supplying such list or the Department of Planning Services in sending such notice shall not create a jurisdictional defect in the permit process, even if such error results in the failure of a surrounding property owner to receive such notification. The Department of Planning Services shall post a sign for the applicant on the property in question indicating that a MANUFACTURED HOME has been requested for the property, the meeting date and telephone number where further information may be obtained. The sign shall be posted at least ten (10) days prior to the meeting date and evidenced with a photograph. The Board of County Commissioners shall consider any testimony of surrounding property owners concerning the effects of the MANUFACTURED HOME on the surrounding properties. In addition, the Board shall consider compatibility of the MANUFACTURED HOME with the surrounding area, harmony with the character of the NEIGHBORHOOD, its effects upon the immediate area, and the general health, safety and welfare of the inhabitants of the area and the COUNTY. C. All zoning permits for MANUFACTURED HOMES during a medical hardship are temporary. Such permits shall be subject to review annually on the anniversary of the original permit's issuance. Such permits shall be extended only if the USE continues to be in conformance with the criteria set out in Subsection A above. Any permit for a medical hardship USE shall automatically expire, and the MANUFACTURED HOME shall be removed upon cessation of the medical hardship or at any such time as the MANUFACTURED HOME is used for other than the permitted USE. Amend Sec. 23-4-190. Temporary accessory use as office. A. A zoning permit for the USE of one (1) MANUFACTURED STRUCTURE in the A (Agricultural) Zone District as an OFFICE USE ACCESSORY to the USE allowed by right may be permitted upon a determination by the Department of Planning Services that: 1.thru 3. — No change. 4. No reasonable alternative is available to the applicant for an OFFICE USE. 5. The applicant shall obtain a BUILDING permit for the MANUFACTURED STRUCTURE and comply with all installation standards of Chapter 29 of this Code. A zoning permit shall not be required for a MANUFACTURED STRUCTURE in the A (Agricultural) Zone District if such information is already reflected in an approved Special Use Permit, as determined by the Planner. B. — No change. PAGE 121 2019-2621 ORD2019-02 C. A zoning permit for a MANUFACTURED STRUCTURE used as an accessory OFFICE unit in the A (Agricultural) Zone District may be issued by the Department of Planning Services upon a determination that the criteria of Paragraphs A.1 through A.5 above and Section 23-4-230 below are met. If the applicant is not able to meet the criteria stated in Paragraphs A.1 through A.5 above, the zoning permit may be issued only upon the approval by the Board of County Commissioners. The Board shall review the application for compliance with the criteria set out in Paragraphs A.1 through A.5 above at a regularly scheduled meeting of the Board. The Board of County Commissioners shall give notice of the application for a zoning permit and the meeting date to those persons listed in the application as owners of property located within five hundred (500) feet of the parcel under consideration. Such notification shall be mailed, first-class, not less than ten (10) days before the scheduled meeting. Such notice is not required by state statute and is provided as a courtesy to surrounding property owners (the surface estate). Inadvertent errors by the applicant in supplying such list or the Department of Planning Services in sending such notice shall not create a jurisdictional defect in the permit process, even if such error results in the failure of a surrounding property owner to receive such notification. The Department of Planning Services shall post a sign for the applicant on the property in question indicating that a MANUFACTURED STRUCTURE has been requested for the property, the meeting date and telephone number where further information may be obtained. The sign shall be posted at least ten (10) days prior to the meeting date and evidenced with a photograph. The Board of County Commissioners shall consider any testimony of surrounding property owners concerning the effects of the MANUFACTURED STRUCTURE on the surrounding properties. In addition, the Board shall consider compatibility of the MANUFACTURED STRUCTURE with the surrounding area, harmony with the character of the NEIGHBORHOOD, its effects upon the immediate area, and the general health, safety and welfare of the inhabitants of the area and the COUNTY. D. All MANUFACTURED STRUCTURES used as ACCESSORY OFFICE USES to the principal USE in the A (Agricultural) Zone District are TEMPORARY. The MANUFACTURED STRUCTURE shall be removed from the property upon the cessation of the USE of the MANUFACTURED STRUCTURE as an ACCESSORY OFFICE USE to the business, COMMERCIAL or industrial activity. The six-month limitation for this TEMPORARY USE may be extended in six-month increments at the discretion of the Director of Planning Services up to two (2) times, and thereafter by the Board of County Commissioners. E. A MANUFACTURED STRUCTURE permitted as a TEMPORARY OFFICE shall not have a permanent foundation. Amend Sec. 23-4-200. REPEALED. Amend Sec. 23-4-210. REPEALED. Amend Sec. 23-4-220. Manufactured homes in C or I Zone District. A. A zoning permit for the USE of one (1) MANUFACTURED HOME, when used as living quarters for caretakers or security personnel responsible for maintaining or guarding the property, may be permitted as an ACCESSORY USE to the principal USE in certain C (Commercial) or I (Industrial) Zone Districts as described in Article III of this Chapter upon a determination by the Department of Planning Services that: 1. The MANUFACTURED HOME is necessary for the effective and economic operation of the business, COMMERCIAL or industrial activity. 2. The MANUFACTURED HOME will not be used for residential purposes other than for the purpose of the protection or control of the principal USE. PAGE 122 2019-2621 ORD2019-02 3. Adequate water and sewage disposal facilities are available to the MANUFAC HOME. . The applicant shall obtain a BJILDING pt,rmit for the MANUFACTURED I _ JOMF and comply with the installation standards of Chapter 29 of this Code. A zoning permit shall not be required for a MANUFACTURED I! ME in the C mmercial or ndustrial Zone Districts if such information is already reflected in an approved Site Plan Review or Special Use Permit, as determined by the Planner. he Dcpe.rtment of Planning Services shall make its determination on the basis of a signed statement by the applicant that the requirements of this Section are met, upon information c ntwf ined in the application, and upon independent evidence as may be available or which the Department of Planning Services m2y reasonably require. C. A zoning permit for one (1) NUFACTUHOE per LEG L LOT in the C or 0 (Commercial or Industrial) Zone District as an ACCbSSORY USE to the principal USE may oe issued by the Department of Planning Services upon a determination that the criteria of ragra phs A.1 through A.4 above and Section 23-4-230 of this Division are met. If the applicant is not able to meet the criteria stated in Section 23-4-230, the zoning permit may be issued only upn the approval by the Bo ird of County Commissi,•,ners. The Board shall review the application for compliance with the criteria set out in Paragraphs A.1 through A.4 above at a regularly scheduled meeting of the Board. The Board of County Commissioners shall giv 'Iotice of the application for a zoning permit and the meeting date to those persons listed in the application as owners of property located within five hundred (500) feet of the parcel under consideration. Such notification shell be mailed, first-class, not less than ten (10) days before the scheduled meeting. Such notice is not required by state statute eind is provided as a courtesy to surrounding property owners (the surface estate). Inadvertent errors by the applicant in supplying such list or the Dep Irtment of Planning Services in sending such nsticr shall not create a jurisdictional defect in the permit process, even if such error results in the failure of a surrounding property owner to receive such notification. The Department •f Planning Services shall post a sign for he applicant on the property in question indicating that a MANUFACTURED I _ IOMF has been requested for the property, the meeting date and telephone number where further information may be obtained. The sign shall be pasted at least ten (10) days prior to the meeting date and evidenced with a photograph. The Board shall consider any testimony of surrounding property owners concerning the possible effects of the MANUFACTURED H •ME on surrounding properties. In addition, the Board shall consider compatibility of the MANUFACTURED HOME with the surrounding area, harmony with the character of the NEIG=.BORHOOD, its effects upon the immediate area, and the general health, safety and welfare of the inhabitants of the area and the C©UN _ ft Y. ®. 11 MANUFACTURED H0AiFS as ACCESSORY USES t0 the principal USE in C or I Zone Districts are subject to the standards in Article III, Division 3 or Article III, Division 4 of this Chapter. The MANUFAC _ 0 U';ED H•MI shall be rem.ved from the property upon the cessation of the USE of the MANUFACTURED HOME as an ACCESSO'Y USE to the business, CO V MlE f CIAI or industrial activity. Amend Sec. 23-4-23O Defegateon of authorotyo The Board •f County Commissioners delegates the authority to issue a Zoning permit for a MANUFACTURED H•11ME, MANUFACTURED STRUC-URE, or occupied RECREA _ F ONAL VEH lC _ E which otherwise requires the approval of the Board of County Commissioners through a public hearing process to the Department of Planning Services upon a determination by the Department that: PAGE 123 2019-2621 OR02019-02 A. — No change. B. The Department of Planning Services has sent notice and not received signed notification of at least thirty percent (30%) of surrounding property owners within five hundred (500) feet of the subject property in opp.sition to the I• -cation of the MANUFACTURED H ME, VANUFACTURED S RUCTURE, or occupied R CREATIu\A WHO _ E within twenty-eight (28) days. If the Department of Planning Services denies the permit, the applicant may appeal H witing to the Director of Planning Services, within ten (10) days of receipt of the denial notice. hearing shall be scheduled with the Board of County Commissioners to provide the landowner n opportunity to appeal the denial, f good cause shown. Of the landowner des not submit .i a written appeal, the denial bocimes final. D. If the Department of Planning Services does receive signed notification that thirty percent (30%) or more of surrounding property ownr:rs within five hundred (500) feet .f the subject property are in opposition to the permit, the goard if County Commissioners shall review the application for compliance with the criteria set out in this Division at a regularly scheduled meeting of the Board: 1. The Department of P aiming Services will notify the applicant, granting ten (10) business days to determine if he or she wants to proceed with the application. f the applicant notifies the Department of Planning Services of his or her desire to proceed with the application, the Department will request a hearing date and time from the Clerk to the Board and prepare a staff report. 3. The Board of County Commissi.ners shall give notica of the application for a zoning permit and the meeting date to those persons listed in the application as owners of property located within five hunded (500) feet of the parcel under consiceration. Such -notification shall be mailed, first-class, not less than ten (10) days before the scheduled meeting. Such notice is not require() by state statute and is provided as a courtesy to surrounding property owners (tie surface estate). Inadvertent eprors by the applicant in supplying such list or he DDepartment of Planning Services in sending such notice shall not create a jurisdictional defect in the permit process even if such error results in the failure of a surrounding property owner to receive such notification. 4. The Department of Planning Services shall post a sign for the applicant on the property in question indicasing the reouest, the meeting date and a telephone numbeP where farther information may be obtaireo. Tie sign shall be posted at least ten (10) days price to the meeting date and evidenced with a photogr Kph. 5. The Department of Planning Services sh all arrange for legal notice of said hearing to be published in the newspaper designated by the Board of County Commissioners for pub ication of notices at least ten (10) days prior to the hearing. 6. The Board of County Commissioners shall consider any testimony of surrounding property owncrs conc rning the effects on the surrounding properties and compliance with the s_ criteria set out in this Division DhAs on 5 = &uppfementaeguMaJdons for Cella Uses by special RevSw Amend Sec. 23-4450. D h estoc k confinement o pe rans0 A. LIVESTOCK CONF0NEW state or federal highway ransportation. ENT OPEMKS shall be located at least fifty (50) feet from any RlGH T -OF-WAY, subject to review by the Colorado Department of PAGE 124 2019-2621 0R02019-02 B. and C. — No change. D. Concrete or other suitable aprons adjacent to the permanently affixed feed bunks, water tanks and feeding devices shall be provided. E. — No change. F. Drainage facilities or improvements shall be constructed to protect any adjacent rivers, streams or other bodies of water from pollution, as approved by the Colorado Department of Public Health and Environment. G. Additional submittal requirements for a Use by Special Review for a LIVESTOCK CONFINEMENT OPERATION. In addition to the application requirements listed in Article II, Division 3, of this Chapter, the following information shall be submitted with the application for a LIVESTOCK CONFINEMENT OPERATION: 1. Maximum number of ANIMAL UNITS and species to be associated with the LIVESTOCK CONFINEMENT OPERATION. 2. Evidence that. the facility has been registered as a Concentrated Animal Feeding Operation (CAFO) with the Colorado Department of Public Health and Environment. 3. A nuisance management plan. 4. A lighting plan. 5. A facility management plan. 6. A housing plan for employees (if necessary). 7. Evidence that proposed wastewater impoundments will meet the requirements of the Colorado Water Quality Control Commission Regulation Number 81 (5 CCR 1002-81), including but not limited to: a. Setbacks to water wells. b. Separation from groundwater. c. Impoundment liners meet seepage rate. d. Impoundment wastewater storage capacity. Amend Sec. 23-4-360. Organic fertilizer production and composting facilities. The storage and sale of fertilizer (organic), where the fertilizer is stored for longer than one (1) year, shall be regulated as set forth below: A. Storage of fertilizer shall not be permitted closer than fifty (50) feet to any PUBLIC RIGHT-OF-WAY or LOT line. Remainder of Section — No change. Amend Sec. 23-4-370. Outdoor shooting ranges. A. A Special Review Permit to operate an OUTDOOR SHOOTING RANGE, if approved, shall be conditioned on a requirement that every ten (10) years the safety of the design of the range shall be reviewed and changed, taking into account the history of the operation and changes in surrounding land USES and the relevant provisions of Subsections B.2, C.2 through C.6 and D below. The Department of Planning Services may waive the review if the surrounding property within one-half (1/2) mile has not significantly changed since the recording date of the original application. The applicant shall provide evidence for this determination. PAGE 125 2019-2621 ORD2019-02 B. Application for a Special Review Permit or Zoning Permit, as required in Article III of this Chapter, to operate an OUTDOOR SHOOTING RANGE shall be accompanied by the following information: 1. and 2. — No change. C. The following minimum standards shall apply to all OUTDOOR SHOOTING RANGES: 1. REPEALED. 2. thru 5. — No change. 6. In addition to firing lines or fields, adequate space for danger areas, parking, equipment, storage BUILDING, clubhouse and latrines shall be provided. D. thru E.3. — No change. Delete 4 and 5. Amend Sec. 23-4-380. Solid waste sites and facilities or hazardous waste disposal sites. A. Certificates of designation for solid or hazardous waste disposal sites and facilities as required by Article VIII of Chapter 12, the Colorado Revised Statutes, and the Code of Colorado Regulations shall not be deemed approved until or unless a Use by Special Review Permit has been approved by the Board of County Commissioners where required by this Chapter. The Board shall be guided in its review of a certificate of designation by the Colorado Revised Statutes and Code of Colorado Regulations, as amended. B. Applicants for activities reviewed pursuant to Article II, Division 4 of this Chapter for any Solid Waste sites and facilities or Hazardous Waste disposal sites shall have the burden of proof to demonstrate that there is a need for the facility within the proposed area of service, and the Board of County Commissioners shall be satisfied that a need exists as part of the determinations for any such permit. Amend Sec. 23-4-400. Kennels. A. and B. — No change. C. Drainage facilities or improvements shall be constructed to protect any adjacent rivers, streams or other bodies of water. Amend Sec. 23-4-410. REPEALED. Amend Sec. 23-4-420. REPEALED. (Re-enacted as Subsection 23-2-400.0). Division 6 - Wind Generators and Permitting Requirements. Amend Sec. 23-4-450. Wind generator standards. WIND GENERATORS are allowed in certain zone districts as either ACCESSORY USES, as principal or ACCESSORY USES subject to Zoning Permit requirements of Section 23-4-460, or as principal or ACCESSORY USES subject a Use -by -Special Review Permit, per the height guidelines and maximum numbers for LEGAL LOTS, below. The height of a WIND GENERATOR is measured from the surrounding ground to the hub of the generator: PAGE 126 2019-2621 ORD2019-02 Table 23.3 WIND GENERATORS Lot Size (Gross Acres) Less than 2.49 Acres 2.5 Acres - 4.99 Acres Accessory Use (Building Permit required only) Zoning Permit for Use -by -Special WIND GENERATOR Review Permit Up to 40 feet and rotor diameter 12 feet or less * Up to 60 feet and below and rotor diameter of 14 feet or less 5 Acres and ' Up to 120 feet and below and Above rotor diameter 25 feet or less 41 - 60 feet 61-120 feet 121-180 feet Above 60 feet, or more than 3 per LEGAL LOT Above 120 feet, or more than 3 per LEGAL LOT Above 180 feet, or more than 3 per LEGAL LOT * On LOTS less than 2.5 acres, the owner shall submit evidence to the Planning Department that the WIND GENERATOR can meet the SETBACKS found in Subsection 23-4-450.D and E below. All WIND GENERATORS are subject to the following standards: A. and B. — No change. C. All WIND GENERATORS shall be set back from property lines, PUBLIC RIGHTS -OF -WAY and access easements a distance of at least one (1) times the height of the generator (as measured to the tip of the rotor blades). D. All WIND GENERATORS shall be set back from any existing or planned overhead lines a distance of at least one (1) times the height of the generator (as measured to the tip of the rotor blades). E. No part of the system, including guy wire anchors, shall extend closer than thirty (30) feet to any property boundary. F. WIND GENERATORS shall be painted or coated a nonreflective white, grey or other neutral color. G. WIND GENERATORS shall not be artificially illuminated, unless required by the Federal Aviation Administration (FAA). H. Electrical controls shall be wireless or underground, and power lines shall be underground, except for an interconnection to an existing above -ground power grid. I. WIND GENERATORS are subject to the following noise limits (measured from the nearest property line from the WIND GENERATOR): 1. and 2. — No change. 3. Light Industrial (I-1): Sixty-five (65) decibels. PAGE 127 2019-2621 ORD2019-02 4. Industrial (1-2 and 1-3): Seventy-five (75) decibels. J. — No change. K. WIND GENERATORS generating power as a COMMERCIAL enterprise may be subject to regulation by the Colorado Public Utilities Commission. L. If proposing to interconnect to a utility company, the applicant shall provide to the Department of Planning Services a copy of a "letter of intent to interconnect" or interconnection agreement signed by the utility company. Amend Sec. 23-4-460. Zoning Permit for Wind Generator permit application requirements. An application for a Zoning Permit for a WIND GENERATOR shall include the following: A. thru F. — No change. G. Elevation drawings of the proposed facility showing all towers, STRUCTURES and other improvements related to the facility, showing specific materials, placement and colors. H. Weld County Access Permit. I. A vicinity map showing ADJACENT properties, general land USES, zoning and STREETS/ROADS: 1. Within five hundred (500) feet of the proposed WIND GENERATOR site. J. A sketch plan of the site at the scale of one (1) inch represents fifty (50) feet, or other suitable scale to show: 1. The proposed location of the WIND GENERATOR(S) and other support STRUCTURES (guy wires), including distances from the property LOT lines, above -ground power lines and other STRUCTURES on the property. 2. — No change. 3. An access is or can be made available that provides for safe ingress and egress to a PUBLIC STREET/ROAD. All accesses shall be in accordance with the access requirements set forth in this Code. 4. Identification of any COUNTY, state or federal STREETS/ROADS or highways. 5. — No change. K. An application fee. An additional fifty (50) percent of the application fee shall be added to the cost of the application fee if the USE is started prior to issuance of a permit. The payment of the investigation fee shall not relieve any persons from fully complying with the requirements of this Chapter, nor from any other penalties. L. — No change. Delete M. Amend Sec. 23-4-470. Delegation of authority. The Board of County Commissioners delegates the authority to issue a zoning permit for a WIND GENERATOR which otherwise requires the approval of the Board of County Commissioners through a public hearing process to the Department of Planning Services upon a determination by the Department that: A. — No change. PAGE 128 2019-2621 ORD2019-02 B. The Department .f Planning Services has sent notice and has not received signed notification from at least thirty percent (30%) of surrounding property owners within five hundred (500) feet of the subject property in opposition to the location of the WIND GENERATOR within twenty-eight (28) days. Sec. 23-4-475. Notification and appeal of denial. A. ; `nc- an application that is subject of this Division 6 is deemed complete by the Department of Planning Services, the Department of Planning Services shall send the application to applicable agencies listed in Appendix 23-G, as determined by the Department of Planning Services. The failure of any agency to respond within twenty-eight (28) days may be deemed a favorable response. All REFERRAL agency review comments are considered recommendations. The authority and responsibility for approval and denial of a zoning permit rests with the Department of Planning Services. B. The Department of Planning Services shall send notice, mailed first-class, t. owners of LOTS within five hundred (500) feet of the subject property notifying them of the application and their opportunity to object to the issuance of the zoning permit, which shall be submitted by returning the signed form sent by the Department of Planning Services within twenty-eight (28) days. C. If the Department of Planning Services receives objections from the owners of at least thirty (30) percent of those notified within twenty-eight (28) days, or if the Department of Planning Services determines the application does not meet all applicable criteria and requirements, the zoning permit shall be denied by the Department of Planning Services. 1. The Department of Planning Services shall notify the applicant of the objections and the denial f the zoning permit. The Department of Planning Services shall also provide the applicant comments received from REFERRAL agencies. The applicant may appeal in writing to the Department of Planning Services within ten (10) days of receipt of the denial notice. 2. If appealed, a public hearing shall be scheduled before the Board of County Commissioners and staff shall send notice, mailed first-class, to the applicant and owners of LOTS within five hundred (500) feet of the subject property at least ten (10) days prior to the hearing. The Department of Planning Services shall als•: notify the F;efe-F RErFER RAL agencies with comments of the hearing. 3. The Department of Planning Services shall post a sign on the property in question indicating a zoning permit has been requested for the property, the hearing date, and telephone number where further information may be obtained. The sign shall be p•Dsted at least ten (10) days prior to the hearing date and evidenced with a photograph. 4. The Department of Planning Services shall arrange for legal notice of said hearing to be published in the newspaper designated by the Board of County Commissioners for publication of ntices at least ten (10) days prior to the hearing. 5. The Board of County Commissioners shall consider any testimony of owners of surrounding property and REFERRAL agencies concerning the effects of the zoning permit on the NEIGHBORHOOD and its compliance with the applicable criteria set out in this Code. 6. Following the public hearing, the Board of County Commissioners shall pass a resolution affirming its decision as to whether to approve or deny the zoning permit. The decision of the Board shall be final. PAGE 129 2019-2621 RD2019-02 7. Notice is not required by state statute and is provided as a courtesy to surrounding property owners. Inadvertent errors by the applicant in supplying such list or the Department of Planning Services in sending such notice shall not create a jurisdictional defect in the permit process even if such error results in the failure of a surrounding property owner to receive such notification. 8. If the applicant does not submit a written appeal within said ten (10) days, the denial shall be final. ivisin 7 - Temporary Seasonal ses eco 23-4-500. Intent and applicability. A. The intent of the TEMPORARY seasonal USE procedure is to provide an administrative process for the regulation of seasonal USES and ACCESSORY STRUCTURES, including fruit and vegetable stands, and those for the sale of fireworks or Christmas trees. Other similar TEMPORARY seasonal USES may be approved by the Director of Planning Services. B. Roadside stands shall be located not less than fifty (50) feet from any PUBLIC RIGHT-OF- WAY. en S 234510s ... ties of Department of Planning Services. A. The submittal shall be reviewed for completeness and the applicant notified of any inadequacies. Once the submittal is determined complete, Planning staff and other agencies, such as the Department of Public Works, the affected fire district, the Colorado Department of Transportation and the Department of Public Health and Environment, shall review the submittal. B. — No change. C. If the Department of Planning Services denies the Permit, the applicant may appeal in writing to the Director of Planning Services, within ten (10) days of receipt of the denial notice. A hearing shall be scheduled with the Board of County Commissioners to provide the landowner an opportunity to appeal the denial, for good cause shown. If the landowner does not submit a written appeal, the denial becomes final. mend Sec. 23 520. Application requirements for temp era seasonal us - per it. The following supporting documentation shall be submitted as a part of the application: A. A TEMPORARY seasonal USE permit application form provided by the Department of Planning Services. B. — No change. C. A detailed description of the proposed USE, including the location of proposed parking areas or PARKING LOTS, and evidence that the USE meets the requirements of the zone district. D. — No change. E. Evidence that the USE shall have adequate sewage disposal facilities, which may include TEMPORARY sewage disposal facilities (i.e., portable toilets), as determined by the Department of Public Health and Environment. F. thru H.3. — No change. 4. The location of all existing and proposed driveways and accesses associated with the PARKING LOTS. PAGE 130 2019-2621 ORD2019-02 5. The names of any existing STREETS/ROADS or highways abutting the property. 6. All existing STRUCTURES on the property. 7. and 8. — No change. I. The application fee. An additional fifty (50) percent of the application fee shall be added to the cost of the application fee if the USE is started prior to issuance of a permit. The payment of the investigation fee shall not relieve any persons from fully complying with the requirements of this Chapter, nor from any other penalties. Division 8 - Second Single -Family Dwelling in the A (Agricultural) Zone District Amend Sec. 23-4-600. Requirements for a second single-family dwelling. Where a second SINGLE-FAMILY DWELLING is permitted in Article III of this Chapter, the following criteria shall be met prior to issuance of a building permit for said dwelling: A. The LOT shall be at least two and one-half (2.5) acres in area. B. The second SINGLE-FAMILY DWELLING shall have a permanent, engineered foundation. C. Where Article III of this Chapter requires issuance of a zoning permit for a second SINGLE- FAMILY DWELLING, the permit may be issued in accordance with Division 17 of this Article IV of this Code. Where Article III of this Chapter requires approval of a Use by Special Review for a second SINGLE-FAMILY DWELLING, the process in Division 4 of Article II of this Code shall be followed. Delete Sec. 23-4-610. Delete Sec. 23-4-620. Delete Sec. 23-4-630. Division 9 - Miscellaneous Regulations. Amend Sec. 23-4-700. REPEALED. Amend Sec. 23-4-710. Livestock feeding performance standards. A. and B. — No change. C. The Department of Public Health and Environment will use the following performance standards to verify a complaint and evaluate the presence of a nuisance condition: 1. The property owner shall remove, handle and stockpile all manure in a manner that will prevent nuisance conditions. The manure piles shall not be allowed to exist or deteriorate to a condition that facilitates excessive odors, flies, insect pests or pollutant runoff. The manure storage site shall have a surface, in accordance with the Concentrated Animal Feeding Operation Control Regulations, which does not permit seepage or percolation of manure pollutants into the ground. 2. thru 5. — No change. 6. All runoff retention and containment facilities shall meet and be maintained in accordance with the Colorado Department of Health's Concentrated Animal Feeding Operation Control Regulation (5 CCR 1002-81). The property owner shall be responsible for any additional requirements issued by the Colorado Department of Health, Water Quality Control Division, or the County Department of Public Health and Environment. Remainder of Section — No change. PAGE 131 2019-2621 ORD2019-02 Division 10 - Antennas and Towers Amend Sec. 23-4-800. Purpose. The purpose of this Division is to accommodate the increasing wireless communication needs of County residents, businesses and visitors while protecting the public health, safety, general welfare and visual environment of the County by: A. thru C. — No change. D. Reducing the number of TELECOMMUNICATION ANTENNA TOWERS needed to serve the County by requiring TELECOMMUNICATION ANTENNAS to be placed on existing STRUCTURES wherever possible and requiring CO -LOCATION of telecommunication providers on existing and new TELECOMMUNICATION ANTENNA TOWERS. E. Using performance standards and incentives to promote location of TELECOMMUNICATION ANTENNAS on concealed STRUCTURES and existing BUILDINGS and TELECOMMUNICATION ANTENNA TOWERS. Amend Sec. 234-805. Definitions. For the purposes of this Division 10, certain terms or words used herein shall be interpreted as defined in Section 23-1-90. Amend Sec. 23-4-810. Preferred order for locating Telecommunication Facilities. The order of preference for locating new permanent TELECOMMUNICATION FACILITIES is from most preferred to least preferred and based on economic and technical feasibility: A. thru C. — No change. D. TELECOMMUNICATION ANTENNA TOWER. New TELECOMMUNICATION ANTENNAS shall use the most preferred facility type where economically and technically feasible. A lesser preferred facility type is allowed only if the applicant presents substantial evidence to show it will have a lesser visual impact than the USE of more preferred facilities and that the applicant's desired geographic area cannot be served by using more preferred facilities. Amend Sec. 23-4-820. General requirements. A. TELECOMMUNICATION FACILITIES on Residential Properties. TELECOMMUNICATION FACILITIES may not be placed on properties or BUILDINGS used primarily for residential purposes. This does not apply to BUILDINGS containing eight (8) or more DWELLING UNITS or farms and ranches containing DWELLING UNITS. B. TELECOMMUNICATION FACILITIES are allowed as a USE by right or ACCESSORY USE on a property as follows: 1. REPEALED. 2. TELECOMMUNICATION ANTENNA TOWERS are not allowed in the following zone districts: R-1, R-2, R-3, R-4, R-5, E and PUD (with residential USES). 3. TELECOMMUNICATION ANTENNA TOWERS are permitted either as a USE by right, ACCESSORY USE, zoning permit, or Use by Special Review in the following zone districts: C, I, A and PUD (with COMMERCIAL or industrial USES). PAGE 132 2019-2621 ORD2019-02 C. ACCESSORY USES to a TELECOMMUNICATION ANTENNA AND TELECOMMUNICATION ANTENNA TOWER shall not include OFFICES, broadcast studios, long-term vehicle storage or other OUTDOOR STORAGE, or other USES not needed to send, receive or relay transmissions. Amend Sec. 23-4-830. Standards for Telecommunication Antenna Towers. A. TELECOMMUNICATION ANTENNA TOWERS are allowed as a USE by right, ACCESSORY USES, subject to Zoning Permit for TELECOMMUNICATION ANTENNA TOWER requirements, or as a Use by Special Review Permit, per the height guidelines below. The height of a TELECOMMUNICATION ANTENNA TOWER is defined as the distance from the finished grade at the TELECOMMUNICATION ANTENNA TOWER base to the highest point of the TELECOMMUNICATION ANTENNA TOWER. Overall TELECOMMUNICATION ANTENNA TOWER HEIGHT includes the base pad, mounting STRUCTURES and panel antennas, but excludes lightning rods and whip antennas. Table 23.4 TELECOMMUNICATIONS ANTENNA TOWERS Use by Right or Accessory Use Zoning Permit for TELECOMMUNICATIONS ANTENNA TOWER Use by Special Review Permit approval required Up to 35 feet in height > 35 feet up to 70 feet in height Greater than 70 feet in height j B. Radial Spacing. TELECOMMUNICATION ANTENNA TOWERS over thirty-five (35) feet high shall be located at least one thousand (1,000) feet from other TELECOMMUNICATION ANTENNA TOWERS over thirty-five (35) feet high that are capable of supporting TELECOMMUNICATION FACILITIES. Closer spacing between TELECOMMUNICATION ANTENNA TOWERS may be granted through the Use by Special Review process. This radial spacing requirement does not apply to facilities located at designated antenna farms. C. In addition to meeting the Use by Special Review standards set forth in Article II, Division 5 of this Chapter or the Zoning Permit for Telecommunication antenna tower permit application requirements set forth in Section 23-4-870, the applicant shall submit documentation addressing the following standards: 1. thru 4.a. — No change. b. The TELECOMMUNICATION ANTENNA TOWER owner modifies the STRUCTURE in a way to make CO -LOCATION impractical or impossible. c. If approval is revoked, the facility shall be removed at the owner's expense. 5. thru 13. — No change. D. TELECOMMUNICATION ANTENNA TOWER and Equipment SETBACKS and OFFSETS. 1. TELECOMMUNICATION ANTENNAS, ATTACHED and other appurtenances may encroach up to two (2) feet into the minimum BUILDING SETBACKS and OFFSETS in the UNDERLYING ZONING DISTRICT, but shall not extend over LOT lines. PAGE 133 2019-2621 ORD2019-02 2. Minimum SETBACKS and OFFSETS for TELECOMMUNICATION ANTENNAS, CNCEALEr1 are the same as the minimum BU LAN % SETBACKS and OFFSETS in the UNDERLYING ZONING DISTRICT. 3. Minimum SETBACKS and OFFSETS for TELECOMMUNICATION ANTENNA TOWERS are as follows: a. From LOT lines of properties in the A, C, I and PUD (with COMMERCIAL or industrial US; _ S) zones: one hundred percent (100%) of the TELECOM UNICATION ANTENNA TOWER HEIGHT but not less than minimum SETBACKS and •FFSETS in the UNDERLYING ZONING DISTRICT. b. From subdivision exemption boundaries for non -permanent USE of a parcel for Telecommunication Antenna Tower Facilities in the A, C, I and PUD (with C MMERCIr industrial USES) zones: one hundred percent (100%) of the TELECOMMUNICATION ANTENNA TOWER HEIGHT but not less than minimum SETBACKS and OFFSETS in the UNDERLYING ZONING DISTRICT, unless evioence of a recorded easement granted by the underlying property owner, which allows for the fall of the tower onto the burdened property is provided. As an alternative, the applicant may provide stamped documentation from an engineer licensed to practice in the state demonstrating that the tower and debris would fall completely within the boundary of the subdivision exemption. 4. Guy wires and equipment BUILDINGS and cabinets. No part of th TELECMMUNICATil %N ANTENNA TOWER system, including any guy wire anchors, shall extend closer to the property boundary than minimum BUILDING SETBACKS and OFFSETS in the UNDERLYING ZONING DISTRICT. E. Equipment Design. 1. A TELECOMMUNICATION ANTENNA, ATTACHED on a roof may extend up to fifteen (15) feet over the height of the BUILDING or STRUCTURE and may exceed the UNDERLYING ZONING DISTRIC height limitation. TELECOMMUNICATION ANTENNAS, ATTACHED mounted on a BUILDING or STRUCTURE wall shall be as flush to the wall as technically possible, and shall not project above the top of the wall, and shall be located, painted and/or screened to be architecturally and visually compatible with the wall to which it is attached. 2. TELECOMMUNICATION ANTENNA TOWERS should be painted or coated in earth -tone colors that blend, t• the extent possible, with the surrounding BUILDING and natural environment, unless State or federal regulations require specific colors. 3. TELECOMMUNICs, TI N ANTENNA TOWERS shall not be artificially lighted unless required by the FAA or other State or federal agency. Security lighting on the site may be mounted up to twenty (20) feet high and shall be directed toward the ground t• reduce light pollution, prevent offsite light spillage and avoid illuminating the TELECOMMUNICATION ANTENNA TOWER. 4. Equipment BUILDINGS shall be compatible with the architectural style of the surrounding �I WING environment with consideration given to exterior materials, roof form, scale, mass, color, texture and character. Equipment CUILDINGS shall be constructed itri materials that are equal to or better than the materials of the PRI NCI PA.a : U I LDI NG. Equipment cabinets shall be located, painted and/or screened to be architecturally and visually compatible with the surrounding BUILDING and natural environment. tt PAGE 134 2019-2621 ORD2019-02 5. The maximum permissible noise level shall adhere to the maximum permissible noise levels allowed in the UNDERLYING ZONING DISTRICT as delineated in Chapter 14, Article IX of this Code. F. Base or Accessory Site Design. 1 If determined to be required by either the Director of the Department of Planning Services or the Weld County Board of Commissioners in the course of processing a Zoning Permit for a Telecommunication Antenna Tower Facility or Use by Special Review Permit, SCREENING and landscaping appropriate to the context of the site and in harmony with the character of the surrounding environment may be installed when any part of the facility is visible from PUBLIC RIGHTS -OF -WAY or ADJACENT properties. 2. — No change. 3. Signage at the site is limited to nonilluminated warning and equipment IDENTIFICATION SIGNS. This does not apply to concealed antennas incorporated into FREESTANDING SIGNS. 4. TELECOMMUNICATION ANTENNA FACILITIES, except those in the C and I zones, shall not include manned OFFICES, long-term vehicle storage or other outdoor storage, or other uses not needed to send, receive or relay transmissions. G. Abandonment. If the Use by Special Review has not commenced within three (3) years from the date of approval, or is discontinued for a period of three (3) consecutive years, it shall be presumed inactive or abandoned. The COUNTY shall initiate an administrative hearing to consider whether to grant an extension of time to commence the USE or revoke the USE. If the USE is revoked, it shall be necessary to follow the procedures and requirements of this Division in order to reestablish any subsequent USE by right or Use by Special Review. Upon the determination that the USE has been abandoned, the facility owner has ninety (90) days to re -use the facility or transfer the facility to another owner who will re -use it or remove the facility. Evidence of such shall be provided, in writing, to the Department of Planning Services. Remainder of Section — No change. Amend Sec. 23-4-840. Supplemental Use by Special Review Permit application requirements for Telecommunication Antenna Towers. A. Application Contents. In addition to requirements outlined in Article II, Divisions 3 through 5 of this Chapter, applications for administrative or Use by Special Review approval of proposed TELECOMMUNICATION FACILITIES, and additions or modifications to existing facilities, shall include the following: 1. A Site Plan showing the location and legal description of the site; on -site land USES and zoning; adjacent STREETS/ROADS; parking and access; areas of vegetation and landscaping to be added, retained, replaced or removed; SETBACKS from property lines; and the location of the TELECOMMUNICATION FACILITY, including all related improvements, BUILDINGS and equipment. 2. A vicinity map showing ADJACENT properties, general land USES, zoning and STREETS/ROADS: a. thru c. — No change. PAGE 135 2019-2621 ORD2019-02 3. Elevation drawings of the proposed TELECOMMUNICATION FACILITY showing all TELECOMMUNICATION ANTENNAS, TELECOMMUNICATION ANTENNA TOWERS, STRUCTURES, equipment BUILDINGS and cabinets, fencing, SCREENING, landscaping, lighting and other improvements related to the facility, showing specific materials, placement and colors. 4. — No change. 5. A report describing the TELECOMMUNICATION FACILITY and the technical need and other reasons for its design, height and location; the need for the TELECOMMUNICATION FACILITY and its role in the network; and the capacity of the STRUCTURE, including the number and type of antennas it can accommodate. 6. The FAA response to the Notice of Proposed Construction or Alteration (FAA Form 7460-1 or equivalent), if the facility is located near an AIRPORT or a flight path. 7. If landscaping/SCREENING is required by the Department of Planning Services the applicant is responsible for landscaping, SCREENING, site maintenance and the replacement of dead plant material. 8. A schedule for the installation of landscaping and SCREENING, if applicable. 9. thru 11. — No change. B. TELECOMMUNICATION FACILITY Inventory. The first application for a proposed TELECOMMUNICATION FACILITY by a provider shall include a detailed inventory of all the provider's existing and approved TELECOMMUNICATION FACILITIES within the County, all incorporated areas within the County, and one (1) mile beyond the County border, including Wyoming. Amend Sec. 23-4-870. Zoning Permit for Te&ecmunication Antenna Tower permit application requirements. An application for a Zoning Permit for a TELECOMMUNICATION ANTENNA TOWER shall include the following: A. thru E. — No change. F. Elevation drawings of the proposed TELECOMMUNICATION FACILITY showing all TELECOMMUNICATION ANTENNA TOWERS, STRUCTURES and other improvements related to the TELECOMMUNICATION FACILITY, showing specific materials, placement and colors. G. — No change. H. A vicinity map showing ADJACENT properties, general land USES, zoning and STREETS/ROADS: 1. — No change. I. A sketch plan of the site at the scale of one (1) inch represents fifty (50) feet, or other suitable scale, to show: 1. The proposed location of the TELECOMMUNICATION ANTENNA TOWERS and other support STRUCTURES (guy wires), including distances from the property LOT lines, above -ground power lines and other STRUCTURES on the property. 2. — No change. PAGE 136 2019-2621 ORD2019-02 3. An access is or can be made available that provides for safe ingress and egress to a PUBLIC STREET/ROAD. All accesses shall be in accordance with the access requirements set forth in this Code. 4. Identification of any COUNTY, State or federal STREETS/ROADS or highways. 5. — No change. 6. A site detail of TELECOMMUNICATION ANTENNA TOWER and encumbrances/ support STRUCTURES. J. — No change. K. A statement describing the TELECOMMUNICATION FACILITY and the technical need and other reasons for its design and location; the need for the TELECOMMUNICATION FACILITY and its role in the network; and the capacity of the STRUCTURE, including the number and type of antennas it can accommodate. L. The FAA response to the Notice of Proposed Construction or Alteration (FAA Form 7460-1 or equivalent), if the facility is located near an AIRPORT or a flight path. M. A schedule for the installation of landscaping and SCREENING, if applicable. N. If landscaping/SCREENING is required by the Department of Planning Services, the applicant is responsible for landscaping, SCREENING, site maintenance and the replacement of dead plant material. O. thru Q. — No change. R. TELECOMMUNICATION FACILITY Inventory. The first application for a proposed TELECOMMUNICATION FACILITY by a provider shall include a detailed inventory of all the provider's existing and approved TELECOMMUNICATION FACILITIES within the County, all incorporated areas within the County, and one (1) mile beyond the County border, including Wyoming. S. An application fee. An additional fifty (50) percent of the application fee shall be added to the cost of the application fee if the USE is started prior to issuance of a permit. The payment of the investigation fee shall not relieve any persons from fully complying with the requirements of this Chapter, nor from any other penalties. T. and U. — No change. V. The names and addresses of any owner, operator, or user of any irrigation ditch, lateral, or pipeline that traverses the property. Amend Sec. 23-4-892. Addition of Equipment on Existing Telecommunication Tower Facilities. A. Addition of equipment onto existing TELECOMMUNICATION FACILITIES (including existing nonconforming antenna tower facilities) shall not require a new or amended Use by Special Review Permit, Site Plan Review or Zoning Permit if the TELECOMMUNICATION ANTENNA TOWER HEIGHT remains unchanged, the coverage area and communication reception for existing facilities are not impacted, and the area occupied by the TELECOMMUNICATIONS ANTENNA TOWER and accessory equipment does not expand. PAGE 137 2019-2621 ORD2019-02 B. Other additions of equipment onto existing TELECOMMUNICATION FACILITIES (including existing nonconforming antenna tower facilities) that extend the TELECOMMUNICATION ANTENNA TOWER HEIGHT and/or expand the area occupied by the TELECOMMUNICATIONS ANTENNA TOWER and/or accessory equipment shall be reviewed by the Department of Planning Services Staff to determine whether or not a new or amended Use by Special Review (USR) or a new Zoning Permit will be required. Amend Sec. 23-4-894. Subdivision Exemptions for Changes to Existing Telecommunication Tower Facilities. A new or amended Subdivision Exemption is not required if not expanding ground area of the TELECOMMUNICATIONS ANTENNA TOWER site or if not extending the TELECOMMUNICATION ANTENNA TOWER HEIGHT and the coverage area and communication reception for existing facilities are not impacted. Subdivision Exemption requirements are delineated in Chapter 24, Section VIII of the Weld County Code. Amend Sec. 23-4-895. Requirements for Noncommercial Towers. NONCOMMERCIAL TOWERS shall be subject to the following requirements: A. — No change. B. NONCOMMERCIAL TOWER components, including any and all antennas, appurtenances, cables, guy wires or structural supports, shall be subject to the front, side and rear SETBACK requirements for ACCESSORY STRUCTURES for the zone district in which the tower is located. This provision shall not apply to the tower itself. C. NONCOMMERCIAL TOWERS shall be set back from any existing or planned overhead transmission lines a distance greater than the height of the tower. D. — No change. E. No NONCOMMERCIAL TOWER may exceed the number as a USE by right of the specific Zone District without a Zoning Permit for NONCOMMERCIAL TOWERS (ZPNCT) or a Use by Special Review Permit approved by the Board of County Commissioners. F. Limiting Site Factors. NONCOMMERCIAL TOWERS are permitted in all zone districts; however, should the proposed NONCOMMERCIAL TOWER be located in one or more of the following areas, the NONCOMMERCIAL TOWER is subject to additional review and approval by the appropriate agency: 1. Within two (2) miles of any military installation. 2. Within the A -P (Airport) Overlay District described in Division 1, Article V, of this Chapter. 3. Within the GEOLOGIC HAZARD AREAS as defined by Section 23-1-90 of this Code. 4. No facilities will be permitted within: a. and b. — No change. c. All FLOODWAYS, as defined by Section 23-1-90 of this Code. G. Prior to the issuance of a land use permit for any NONCOMMERCIAL TOWER, the applicant shall provide the following: 1. and 2. — No change. PAGE 138 2019-2621 ORD2019-02 3. A scaled Site Plan drawing of the subject property, showing all property lines, the location of all existing STRUCTURES, and the proposed location of the tower, including the location of cables, guy wires or other structural supports. 4. The applicant shall provide evidence that additional review and approval by the appropriate agency is not required in accordance with FAR Part 77, "Objects Affecting Navigable Airspace", and/or, if the STRUCTURE is located within the A -P (Airport) Overlay District. Towers farther than twenty thousand (20,000) feet to the nearest point of the nearest runway of any AIRPORT are automatically exempt from any review. Other exemptions are based on tower distance, tower height, ground height and BUILDINGS between the tower and the AIRPORT, and length of AIRPORT runway. 5. The application fee. Investigation fee, if applicable. An additional fifty (50) percent of the application fee shall be added to the cost of the application fee if the USE is started prior to issuance of a permit. The payment of the investigation fee shall not relieve any persons from fully complying with the requirements of this Chapter, nor from any other penalties. Amend Sec. 23-4-896. Cell on Wheels (COW). Any CELL ON WHEELS (COW) facility shall be approved by the Board of County Commissioners prior to placement. COW facilities are not considered to be permanent USES and may be allowed by the Board of County Commissioners to remain on a site for a period not to exceed one (1) year. Division 11 - Semi -Trailers as Accessory Storage Amend Sec. 23-4-900. Intent and applicability. A. Where a SEMI -TRAILER as ACCESSORY storage is permitted in Article III of this Chapter upon issuance of a zoning permit, the permit may be issued by the Department of Planning Services upon a determination that: 1. No utility other than electricity shall be connected to the SEMI -TRAILER. 2. The SEMI -TRAILER will not be used on any basis for anything other than storage of goods. 3. The property upon which the SEMI -TRAILER is located is a LEGAL LOT. 4. No structural component of the SEMI -TRAILER will be removed if it would result in the SEMI -TRAILER being unmovable. 5. The SEMI -TRAILER shall not be allowed to deteriorate into a state of disrepair. Such disrepair would include, but not be limited to, a SEMI -TRAILER partially or totally damaged by fire, earthquake, wind or other natural causes, or a SEMI -TRAILER in a state of general dilapidation, deterioration or decay resulting from a lack of maintenance, vandalism or infestation with vermin or rodents. Any such SEMI -TRAILER shall be restored to and maintained in the original condition upon being placed on the site or shall be removed from the site. 6. The SEMI -TRAILER shall be removed from the property upon cessation of such USE. 7. The SEMI -TRAILER shall not in any manner be used to display SIGNS. 8. The SEMI -TRAILER is compatible with the surrounding area. 9. The SEMI -TRAILER has current registration and license plates. PAGE 139 2019-2621 ORD2019-02 S. The zoning permit shall not be transferable by the applicant and/or owner to any successor and shall terminate automatically upon conveyance or lease of the property. The SEMI- TRAILER shall be removed from the property or a new zoning permit shall be applied for and approved prior to conveying or leasing the property. Each request for a zoning permit shall include a statement by the applicant acknowledging that the zoning permit is only for the applicant to which the zoning permit was issued. Amend Sec. 23-4-910. Semi -trailer as accessory storage permit requirements. An application for a Zoning Permit for a SEMI -TRAILER as ACCESSORY storage shall include the following: A. thru F. — No change. G. Evidence that the SEMI -TRAILER is currently licensed. H. — No change. I. A sketch plan of the site at the scale of one (1) inch represents fifty (50) feet or other suitable scale to show: 1. The proposed location of the SEMI -TRAILER, including distances from the property LOT lines and other STRUCTURES on the property. 2. Access to the SEMI -TRAILER, including distances from the property LOT lines and other STRUCTURES on the property. 3. — No change. 4. An access is or can be made available that provides for safe ingress and egress to a PUBLIC STREET/ROAD. All accesses shall be in accordance with the access requirements set forth in this Code. 5. Identification of any COUNTY, state or federal STREETS/ROADS or highways. 6. — No change. J. An application fee. An additional fifty (50) percent of the application fee shall be added to the cost of the application fee if the USE is started prior to issuance of a permit. The payment of the investigation fee shall not relieve any persons from fully complying with the requirements of this Chapter, nor from any other penalties. K. A certified list of the names, addresses and the corresponding Parcel Identification Number assigned by the County Assessor of the owners of property (the surface estate) within five hundred (500) feet of the property lines of the parcel on which the SEMI -TRAILER will be placed. The source of such list shall be the records of the County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records or from the records of the County Clerk and Recorder. If the list was assembled from the records of the County Assessor, the applicant shall certify that such list was assembled within thirty (30) days of the application submission date. Delete L. Amend Sec. 23-4-920. Referral process. Upon determination that the application submittal is complete, the Department of Planning Services shall: PAGE 140 2019-2621 ORD2019-02 A. Refer the application to applicable agencies listed in Appendix 23-G, as determined by the Department of Planning Services. The failure of any agency to respond within twenty-one (21) days may be deemed to be a favorable response. The reviews and comments solicited by the COUNTY are intended to provide the COUNTY with information about the proposed USE. The COUNTY may consider all such reviews and comments and may solicit additional information if such information is deemed necessary. The reviews and comments submitted by a REFERRAL agency are recommendations to the COUNTY. B. Send a request for comment in support or opposition regarding the Zoning Permit for a SEMI- TRAILER as ACCESSORY storage to those persons listed in the application as owners of property located within five hundred (500) feet of the parcel under consideration. Such notification shall be mailed, first-class, upon receipt of the application. Inadvertent errors by the applicant in supplying such list or the Department of Planning Services in sending such notice shall not create a jurisdictional defect in the permitting process, even if such error results in the failure of a surrounding property owner to receive such notification. Amend Sec. 23-4-930. Delegation of authority. A. The Board of County Commissioners delegates the authority to issue a zoning permit for a SEMI -TRAILER which otherwise requires the approval of the Board of County Commissioners through a public hearing process to the Department of Planning Services upon a determination by the Department that: 1. — No change. 2. The Department of Planning Services has sent notice and has not received signed notification of at least thirty percent (30%) of surrounding property owners within five hundred (500) feet of the subject property in opposition to the location of the SEMI -TRAILER within twenty-eight (28) days. B. If the Department of Planning Services denies the Permit, the applicant may appeal in writing to the Director of Planning Services, within ten (10) days of receipt of the denial notice. A hearing shall be scheduled with the Board of County Commissioners to provide the landowner an opportunity to appeal the denial, for good cause shown. If the landowner does not submit a written appeal, the denial becomes final. C. If the Department of Planning Services does receive signed notification that thirty percent (30%) or more of surrounding property owners within five hundred (500) feet of the subject property are in opposition to the permitting of a SEMI -TRAILER as ACCESSORY storage, the Board of County Commissioners shall review the application for compliance with the criteria set out in this Division at a regularly scheduled meeting of the Board: 1. thru 3. — No change. 4. The Department of Planning Services shall post a sign for the applicant on the property in question indicating that one (1) SEMI -TRAILER as ACCESSORY storage has been requested for the property, the meeting date and a telephone number where further information may be obtained. The sign shall be posted at least ten (10) days prior to the meeting date and evidenced with a photograph. 5. The Department of Planning Services shall arrange for legal notice of said hearing to be published in the newspaper designated by the Board of County Commissioners for publication of notices at least ten (10) days prior to the hearing. PAGE 141 2019-2621 ORD2019-02 6. The Board of County Commissioners shall consider any testimony of surrounding property owners concerning the effects of the SEMI -TRAILER as ACCESSORY storage on the surrounding properties and its compliance with the criteria set out in this Division. Division 12 - Parking of Commercial Vehicles Amend Sec. 23-4-950. Intent and applicability. A. Where parking of a COMMERCIAL VEHICLE is permitted in Article III of this Chapter upon issuance of a zoning permit, the permit may be issued by the Department of Planning Services upon a determination that: 1 The property upon which the COMMERCIAL VEHICLE is located is a LEGAL LOT of at least one (1) acre. 2. The COMMERCIAL VEHICLE will be removed from the property upon cessation of such USE. 3. The COMMERCIAL VEHICLE is compatible with the surrounding area. 4. The COMMERCIAL VEHICLE has current registration and license plates. 5. The application complies with this Division 12. Delete B. Amend Sec. 23-4-960. Commercial vehicle permit requirements. An application for any Zoning Permit for a COMMERCIAL VEHICLE required by this Division shall include the following: A. thru E. — No change. F. A sketch plan of the site at the scale of one (1) inch represents twenty (20) feet or other suitable scale to show: 1. The proposed parking location of the COMMERCIAL VEHICLE, including distances from the property LOT lines and other STRUCTURES on the property. 2. Access to be utilized by the COMMERCIAL VEHICLE indicating whether the access is existing or proposed. 3. and 4. — No change. 5. Identification of any COUNTY, state or federal STREETS/ROADS or highways. 6. — No change. G. An application fee. An additional fifty (50) percent of the application fee shall be added to the cost of the application fee if the USE is started prior to issuance of a permit. The payment of the investigation fee shall not relieve any persons from fully complying with the requirements of this Chapter, nor from any other penalties. PAGE 142 2019-2621 ORD2019-02 H. The requirements of this Division require the applicant to provide a certified list of the names, addresses and the corresponding Parcel Identification Number assigned by the County Assessor of the owners of property (the surface estate) within five hundred (500) feet of the property lines of the parcel on which the COMMERCIAL VEHICLE shall be placed. The source of such list shall be the records of the County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records or from the records of the County Clerk and Recorder. If the list was assembled from the records of the County Assessor, the applicant shall certify that such list was assembled within thirty (30) days of the application submission date. I. — No change. J. The COMMERCIAL VEHICLE shall be required to maintain current registration and license plates. Amend Sec. 23-4-970. Referral process. Upon determination that the application submittal is complete, the Department of Planning Services shall: A. Refer the application to applicable agencies listed in Appendix 23-G, as determined by the Department of Planning Services. The failure of any agency to respond within twenty-one (21) days may be deemed to be a favorable response. The reviews and comments solicited by the COUNTY are intended to provide the COUNTY with information about the proposed USE. The COUNTY may consider all such reviews and comments and may solicit additional information if such information is deemed necessary. The reviews and comments submitted by a REFERRAL agency are recommendations to the COUNTY. B. — No change. Amend Sec. 23-4-980. Delegation of authority. A. The Board of County Commissioners delegates the authority to issue a zoning permit for a COMMERCIAL VEHICLE which otherwise requires the approval of the Board of County Commissioners through a public hearing process to the Department of Planning Services upon a determination by the Department that: 1. — No change. 2. The Department of Planning Services has sent notice and has not received signed notification from at least thirty percent (30%) of surrounding property owners within five hundred (500) feet of the subject property in opposition to the location of the COMMERCIAL VEHICLE within twenty-eight (28) days. B. If the Department of Planning Services denies the Permit, the applicant may appeal in writing to the Director of Planning Services, within ten (10) days of receipt of the denial notice. A hearing shall be scheduled with the Board of County Commissioners to provide the landowner an opportunity to appeal the denial, for good cause shown. If the landowner does not submit a written appeal, the denial becomes final. C. If the Department of Planning Services does receive signed notification that thirty percent (30%) or more of surrounding property owners within five hundred (500) feet of the subject property are in opposition to the permitting of a COMMERCIAL VEHICLE, then the Board of County Commissioners shall review the application for compliance with the criteria set out in this Division at a regularly scheduled meeting of the Board: 1. thru 3. — No change. PAGE 143 2019-2621 ORD2019-02 4. The Department of Planning Services shall post a sign for the applicant on the property in question, indicating that a COMMERCIAL VEHICLE has been requested for the property, the meeting date and a telephone number where further information may be obtained. The sign shall be posted at least ten (10) days prior to the meeting date and evidenced with a photograph. 5. The Department of Planning Services shall arrange for legal notice of said hearing to be published in the newspaper designated by the Board of County Commissioners for publication of notices at least ten (10) days prior to the hearing. 6. The Board of County Commissioners shall consider any testimony of surrounding property owners concerning the effects of the COMMERCIAL VEHICLE on the surrounding properties and its compliance with the criteria set out in this Division. Division 13 - Home Occupation Permits Amend Sec. 23-4-990. Home Occupation permit requirements. A. Intent. A HOME OCCUPATION Zoning Permit shall be obtained for any HOME OCCUPATION falling within the definition of a HOME OCCUPATION operation. The Board of County Commissioners delegates the authority and responsibility for processing and approving the zoning permit to the Department of Planning Services. The Department of Planning Services shall also have the responsibility of ensuring that all application submittal requirements are met prior to initiating any official action. B. Application requirements. An application for any zoning permit for a HOME OCCUPATION required by this Division shall include the following: 1. — No change. 2. Name, address and telephone number of the owner of the land if different from applicant. 3. A copy of the most recent deed to the property and, if the applicant is not the property owner, evidence of interest in the subject land held by the applicant, such as a lease agreement or similar evidence. 4. REPEALED. (Combined with item 3 above.) 5. — No change. 6. The application for a HOME OCCUPATION — CLASS II shall include a sketch plan of the site at the scale of one (1) inch represents twenty (20) feet, or other suitable scale, to show: a. The proposed parking location of any COMMERCIAL VEHICLE (if applicable), including distances from the property LOT lines and other STRUCTURES on the property. Notwithstanding any section of this Code to the contrary, a CLASS II HOME OCCUPATION may include up to two (2) associated COMMERCIAL VEHICLES. b. Access to be utilized, indicating whether the access is existing or proposed. c. — No change. d. REPEALED. (See number 13 below.) e. Identification of any COUNTY, state or federal STREETS/ROADS or highways. f. — No change. PAGE 144 2019-2621 ORD2019-02 g. The STRUCTURES in which the HOME OCCUPATION shall be operated shall be appropriately labeled. The total area of USE shall also be delineated. 7. An application fee. An additional fifty (50) percent of the application fee shall be added to the cost of the application fee if the USE is started prior to issuance of a permit. The payment of the investigation fee shall not relieve any persons from fully complying with the requirements of this Chapter, nor from any other penalties. 8. The application for a HOME OCCUPATION — CLASS II shall include a certified list of the names, addresses and the corresponding Parcel Identification Number assigned by the County Assessor of the owners of property (the surface estate) within five hundred (500) feet of the property lines of the parcel. The source of such list shall be the records of the County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records or from the records of the County Clerk and Recorder. If the list was assembled from the records of the County Assessor, the applicant shall certify that such list was assembled within thirty (30) days of the application submission date. Inadvertent errors by the applicant in supplying such list, or the Department of Planning Services in sending such notice, shall not create a jurisdictional defect in the permit process, even if such error results in the failure of a surrounding property owner to receive such notification. 9. Whether the property is situated within a SUBDIVISION regulated by a Homeowners Association (HOA). If applicable, contact information shall be provided. 10. — No change. 11. Evidence that a water supply of sufficient quality, quantity and dependability will be/is available to serve the proposed LOT and USE, if applicable. A letter from a water district or municipality or a well permit are examples of evidence for domestic use. 12. A statement explaining that the property has or will have adequate means for the disposal of sewage in compliance with the requirements of the UNDERLYING ZONING DISTRICT and the Department of Public Health and Environment, if applicable. An existing septic system permit or a copy of a letter from a sanitation sewer district indicating existing service or availability of sewage disposal to each proposed LOT are examples of evidence for domestic use. 13. A Weld County Access Permit. 14. A Statement of Taxes from the County Treasurer showing no delinquent property taxes for the area referred to in the application materials. 15. Questionnaire provided by the Department of Planning Services. C. Duties of Department of Planning Services and Board of County Commissioners for a CLASS II HOME OCCUPATION zoning permit. 1. Once a COMPLETE APPLICATION is submitted for a CLASS II HOME OCCUPATION, the Department of Planning Services shall refer the application to the applicable agencies listed in Appendix 23-G, as determined by the Department of Planning Services. The failure of any agency to respond within twenty-eight (28) days may be deemed a favorable response. All REFERRAL agency review comments are considered recommendations to the COUNTY. The authority and responsibility for approval and denial of a zoning permit rests with the COUNTY. PAGE 145 2019-2621 ORD2019-02 2. The Department of Planning Services shall send notice, mailed first-class, to owners of LOTS within five hundred (500) feet of the subject property notifying them of the application and their opportunity to object to the issuance of the zoning permit, which shall be submitted by returning the signed form sent by the Department of Planning Services within twenty-eight (28) days. 3. If the Department of Planning Services receives objections from the owners of -at least thirty (30) percent of those notified within twenty-eight (28) days, or if the Department of Planning Services determines the application does not meet all applicable criteria and requirements, the zoning permit shall be denied by the Department of Planning Services. 4. The Dopartment of Planning Services shall notify the applicant of the objections and the denial of the zoning permit. The Department of Planning Services shall also provide the applicant comments received from LFERRAL agencies. The applicant may appeal in writing to the Department of Planning Services within ten (10) d;ys of receipt of the denial notice. If the applicant does not submit a written appeal within said ten (10) days, the denial shall be final. If appealed, the following process shall be followed: a. A public hearing shall be scheduled before the Board of County Commissioners and staff shall send notice, mailed first-class, to the applicant and owners of LOTS within five hundred (500) feet of the subject property at least ten (10) days prior to the hearing. The Department of Planning Services shall also notify the REFERRAL agencies s1ith comments of the hearing. A b. The Department of Planning Services shall post a sign on the property in question indicating a zoning permit has been requested for the property, the hearing date, and t lcphone number where further information may be obtained. The sign shall be posted at least ten (10) days prior to the hearing date and evidenced with a photgraph. c. The Department of Planning Services shall arrange for legal notice of said hearing to be published in the newspaper designated by the Board of County Commissioners for publication of notices at least ten (10) days prior to the hearing. d The Board of County Commissioners shall consider any testimony of owners of surrounding property and REFERRAL agencies concerning the effects of the zoning permit on the NEIGHBORHOOD and its compliance with the applicable criteria set out in this Code. e. Following the public hearing, the Board of County Commissioners shall pass a resolution affirming its decision as to whether to approve or deny the zoning permit. The decision of the Board shall be final. f. Notice is not required by state statute and is provided as a courtesy to surrounding property owners. Inadvertent errors by the applicant in supplying such list or the Department of Planning Services in sending such notice shall not create a jurisdictional defect in the permit process even if such error results in the failure of a surrounding property owner to receive such notification. PAGE 146 2019-2621 ORD2019-02 5. The approval of the zoning permit may be conditioned or restricted to carry out the intent of this Ch Ater or to mitigate impacts or address concerns of REFFRRAL agencies or neighboring property owners. Conaitions of approval shall be met prior to recording the permit/agreement, nd restrictions may be enforced by means of conditions in the permit/agreement. If approved, the Department of Planning Services shall prepare permit/agreement. The permit/agreement shall address all aspects of the application, including but not limited to conditions or restrictions and the standards contained in this Article. Delete 6 and 7. D. Approval or denial of the zoning permit for a HOME OCCUPATION shall be b following criteria: 1. throughand 3. — No change. SPA sed on the 4. The H•ME OCCUPATION shall not create any negative impacts to the public health, safety and general welfare of the neighboring property owners, such as little or no offensive noise, vibration, smoke, dust, odors, lighting, traffic congestion, trash accumulation, heat, glare or electrical interference, or other hazard or nuisance noticeable off the LOT. 5. The proposal is consistent with the definition in Section 23-1-90 of this Chapter. 6. REPEALED. 7. The proposed zoning permit complies with this Division 13 of this Article. 8. An access is ,•-r can be made available that provides for safe ingress and gress to a PU r LIC STREET/ROAD. All accesses shall be in accordance with the access requirements set forth in this Code. E. A zoning permit for a HIME OCCUPATION shall not be transferable by the applicant and/or owner to any successor nd shall automatically expire upon conveyance or lease of the property. F. A CLASS I HOME OCCUPATION shall be conducted by the members of the LIVING UNIT of the DWELLING UNIT. A CLASS II HOME OCCUPATION shall be conducted by the members of the LIVING UNIT of the DWELLING UNIT plus no more than two (2) external employees. G. There shall only be incidental sales of shacks, supplies or products conducted on the premises. H. Signage for a CLASS I HOME CUPATION may consist of a maximum of one (1) nonilluminated SIGN no more than one (1) square foot in size which shall be attached to the face of the DWELLING UNIT. Signage for a CLASS II H;MiL OCCUPATION may consist of a maximum of one (1) nonilluminated SIGN no more than nine (9) square feet in size which shall be attached to the face cof the DWELLING UNIT. A CLASS I H *M E OCCUPATION shall not be accessible by the public, other than for a FAMILY CHILD CARE HOME. Hours of operation for public access shall be limited to between 7:00 a.m. and 7:00 p.m. for a CLASS II HOME OCCUPATION. J. A CLASS II HOVE ; OCCUPATION shall not produce traffic volumes of more than sixteen (16) average daily trips (right (8) round trips), excluding the traffic produced by the DWELLING UNIT. PAGE 147 2019-2621 ORD2019-02 K. HOME OCCUPATIONS shall be conducted primarily indoors. A HOME OCCUPATION may utilize up to fifty (50) percent of the GROSS FLOOR AREA of a DWELLING UNIT and up to fifty (50) percent of the GRSS FLOOR AREA of ACCESSORY BUILDINGS on the property. L. There shall be no UTDOOR STORAGE, display or sales of materials, goods, supplies or equipment related to the operation of such HOME OCCUPATION, nor of any highly explosive or combustible materials. Division 14 - Cultivation, Manufacture, Distribution and Sale of Medical or Recreational Ivr�yrijuana or Marijuana -infused Products Refer to Chaotor 12, Article VII, of the Weld County Code. DMsion Pi 5 Solar Facility Amend Sec. 23m4-1030. Solar facility. 11 he staff, Planning Commission and Board of County Commissioners shall consider the following criteria in making their determination in approving or denying a permit for a Solar Facility in addition to those criteria enumerated in Chapter 23, Article II, Division 4 and its impact on prime agricultural land which is defined as soils with agricultural capability classifications of I, II and III as indicated on maps completed by the U.S.D.A. Natural Resources Conservation Service. B. — No change. C. Landscaping is extremely important for enhancing the quality of DEVELOPMENT in the area. Trees, shrubs and other plantings add greatly to the aesthetic appeal while reducing glare. As no single landscaping plan can be prescribed for all DEVELOPMENTS due to differing land features, topography and soils, these guidelines encourage flexible and creative landscape designs. Landscaping/SCREENING shall include, at a minimum, decorative fencing, berming, and/or vegetation such that the facility is aesthetically pleasing as viewed from ADJACENT properties and RIGHTS -OF -WAY. D. All reasonable alternatives to the proposed location have been adequately assessed, and the proposed action is consistent with the best interests of the people of the COUNTY and represents a balanced USE of resources in the affected area. E. — No change. F. No OUTDOR STORAGE of any materials and equipment including, but not limited to, solar panels and support STRUCTURES not in operation will be allowed. G. No equipment associated with the solar facility shall be located nearer than thirty (30) feet to the boundary of ADJAC NT properties, irrigation ditches and/or RIGHTS--F-WAY. The Board of County Commissioners may set a greater distance than mentioned above when, in its opinion, it is justified. H. No change. Division 16 - Cargo containers Sec. 23=4-1100. C rgo containers used for storage, an ffllce, a dwelling or any habitable �seo A CARGO CONTAINER shall require the issuance of a building permit and compliance with all applicable provisions of this Code, including Article V of this Chapter. The following conditions shall apply: PAGE 148 2019-2621 ORD2019-02 A. Electricity is the only utility that shall be connected to a CARGO CONTAINER used solely for storage. CARGO CONTAINERS designed and retrofitted for habitation may be connected to wet and dry utilities such as water, sewer and electricity. B. A CARGO CONTAINER shall not be allowed to fall into a state of disrepair. Such disrepair may include a CARGO CONTAINER that is partially or totally damaged by fire, earthquake, wind or other natural causes, or is in a state of general dilapidation, deterioration or decay resulting from a lack of maintenance, vandalism or infestation with vermin or rodents. Any such CARGO CONTAINER shall be restored to, and maintained in, the original condition it was in at the time it was placed on the site as established by the original inspection by the Department of Building Inspection, or it shall be removed from the site. C. CARGO CONTAINERS shall not be stacked on top of each other. D. A CARGO CONTAINER shall not be used in any manner to display a SIGN. Division 17 — Zoning Permits for Certain Uses in the Agricultural Zone District Sec. 23-4-1200. Uses requiring zoning permits in the agricultural zone district. A. A zoning permit for USES listed in Article III of this Chapter as requiring issuance of a zoning permit under this Division 17 may be approved if the USE complies with the criteria herein. The Board of County Commissioners delegates the authority and responsibility for processing and approving these zoning permits to the Department of Planning Services as long as the application meets the criteria of this section and any other applicable requirements within this Chapter 23. If the Director of Planning Services determines the application does not provide sufficient evidence showing the standards set forth in this Division 17 will be met, he or she will forward the application to the Board of County Commissioners for its review and consideration following a public hearing. Criteria for approval include: 1. The subject property is a LEGAL LOT. 2. The application complies or will comply with the conditions in Section 23-4-1240 below. 3. The proposed USE is compatible with applicable provisions of Chapter 22 of this Code. 4. Adequate water and sewage disposal facilities, as applicable, shall be available. 5. Adequate fire protection measures are available on the site for the STRUCTURES and facilities proposed. 6. The proposed USE is compatible with the character of the NEIGHBORHOOD. 7. The proposed USE is compatible with the general health, safety and welfare of the inhabitants of the area and the COUNTY. 8. The application complies with any requirements the Director of Planning Services deems necessary in order to mitigate adverse effects of the USE on the NEIGHBORHOOD. 9. The proposed USE has adequate access and STREET/ROAD or highway facilities providing access to the property are adequate in size to meet the requirements of the proposed USE. 10. In those instances where the following characteristics are applicable to the request, the applicant has demonstrated compliance with the applicable standards: a. If the proposed USE is located within any OVERLAY ZONING DISTRICT or SPECIAL FLOOD HAZARD AREA identified by maps officially adopted by the COUNTY, the applicant shall demonstrate compliance with the COUNTY regulations concerning OVERLAY ZONING DISTRICTS and SPECIAL FLOOD HAZARD AREAS. PAGE 149 2019-2621 ORD2019-02 b. The proposed USE of any area known to contain a COMMERCIAL MINERAL DEPOSIT shall not interfere with the present or future extraction of such deposit by an EXTRACTOR to any greater extent than under the present USE of the property. c. If soil conditions on the site are such that they present moderate or severe limitations to the construction of STRUCTURES or facilities proposed for the site, the applicant shall demonstrate that such limitations can be overcome and that the limitations will be addressed by the applicant and/or the applicant's successors or assigns prior to the DEVELOPMENT of the property. B. A preapplication conference with the Department of Planning Services may be required. C. If approved, the Zoning Permit Plan shall be recorded by the Department of Planning Services prior to commencement of the USE or construction. The applicant shall pay the recording fee. If the required documents have not been recorded within ninety (90) days from the date of approval or if an applicant is unwilling or unable to meet any of the conditions within ninety (90) days of approval, the Director of Planning Services may refer the application to the Board of County Commissioners, which may revoke the zoning permit following a public hearing. The applicant shall be notified of the public hearing at least ten (10) days prior to the hearing. Prior to said hearing, the Director of Planning Services may grant a one-time extension of up to ninety (90) days, for good cause shown, upon a written request by the applicant. Before this extension has expired, the applicant may seek a further extension from the Board of County Commissioners by written request to the Director of Planning. If the Board of County Commissioners denies the extension or if the conditions are not met and the required documents recorded by the date specified by the Board, the zoning permit approval shall be voided, and the application denied. Sec. 23-4-1210. Operation standards. The applicant shall demonstrate conformance with the following operation standards in the zoning permit application to the extent that the standards affect location, layout and design of the USE prior to construction and operation. Once operational, the operation of the USE permitted shall conform to these standards. A. The operation of the USES shall comply with the noise standards enumerated in Section 25-12-101, et seq., C.R.S. B. The operation of the USES shall comply with the air quality regulations promulgated by the Colorado Air Quality Control Commission. C. The operation of the USES shall comply with the water quality regulations promulgated by the Colorado Water Quality Control Commission. D. The USES shall comply with the following lighting standards: 1. Sources of light, including light from high -temperature processes such as combustion or welding, shall be shielded so that light rays will not shine directly onto ADJACENT properties where such would cause a nuisance or interfere with the USE on the ADJACENT properties; and 2. Neither direct nor reflected light from any light source may create a traffic hazard to operators of motor vehicles on PUBLIC or private STREETS/ROADS and no colored lights may be used which may be confused with or construed as traffic control devices. E. The USES shall not emit heat so as to raise the temperature of the air more than five (5) degrees Fahrenheit at or beyond the LOT line. PAGE 150 2019-2621 ORD2019-02 F. Property shall be maintained in such a manner that grasses and weeds are not permitted to grow taller than twelve (12) inches. In no event shall the property owner allow the growth of NOXIOUS WEEDS. G. Up to nine (9) COMMERCIAL VEHICLES associated with the zoning permit USE shall be allowed to be parked on -site. Sec. 23-4-1220. Application requirements. The following shall be submitted as a part of a zoning permit application: A. An application on a form supplied by the Department of Planning Services. The application shall include the following: 1. Parcel number(s) of the subject property. 2. The name, address, email and telephone number of the applicant and property owner, if different from the applicant. 3. Signature of the applicant. If the applicant is not the owner of the property, an authorization letter signed by the property owner shall be included. B. A summary statement of the project including, as applicable: 1. A description of the proposed USE. 2. Proposed hours of operation. 3. The number of employees associated with the USE, and whether they are residents of the property. 4. Anticipated traffic. 5. A description of anticipated public events, if any, including anticipated number of attendees. C. A Zoning Permit Plan of the property, a draft of which shall be submitted in electronic (.pdf) format and if approved shall be submitted on Mylar or other drafting media approved by the Department of Planning Services. The Zoning Permit Plan shall include, as applicable: 1. Existing and proposed STRUCTURES and approximate distances to the nearest property lines. All STRUCTURES to be used in conjunction with the zoning permit shall meet current SETBACKS and OFFSETS. 2. Existing and proposed access. Access shall comply with the requirements of this Code. 3. Existing and proposed parking areas, including surface material, number, and dimensions of spaces and drive aisles. Parking shall comply with Article IV, Division 1, of this Chapter as applicable. 4. Existing and proposed landscaping and SCREENING. Buffering and/or SCREENING may be required to mitigate the effects of the zoning permit on ADJACENT properties. Buffering and/or SCREENING may be accomplished through a combination of berming, landscaping and fencing. 5. Existing and proposed signage. All signage shall comply with Article IV, Division 2, of this Chapter as applicable. 6. Other existing and proposed improvements. 7. The Zoning Permit Plan shall bear the following certifications: PAGE 151 2019-2621 ORD2019-02 a. Property owner's certificate: I, the undersigned, certify that the uses, buildings and structures located on this Zoning Permit Plan are designed and will be constructed and operated in accordance with the development standards hereon and the district requirements for the Zone District as stated in Chapter 23 of the Weld County Code. I understand failure to comply with the development standards, applicable provisions of County Code, and/or any conditions of approval could result in the County initiating a compliance action against me or my successors. Signature of Property Owner The foregoing instrument was subscribed and sworn to be before me this day of , by WITNESS my hand and official seal. My commission expires: Notary Public b. Department of Planning Services' Administrative Review Certificate: This Zoning Permit Plan is accepted and approved for filing. Director of Planning Services The foregoing certificate was acknowledged before me this day of , by WITNESS my hand and official seal. My commission expires: Notary Public D. Evidence that a water supply of sufficient quality, quantity and dependability is or will be available to serve the proposed USE, if applicable. A letter, permit, or bill from a water district, municipality, or the Division of Water Resources are examples of evidence. E. Evidence that adequate means for the disposal of sewage for the proposed USE is or will be available in compliance with the requirements of the zone district and the Department of Public Health and Environment, if applicable. F. A copy of a deed or legal instrument identifying the applicant's interest in the property under consideration. G. A certified list of the names, addresses and the corresponding Parcel Identification Numbers assigned by the County Assessor of the owners of LOTS within five hundred (500) feet of the property subject to the application. The source of such list shall be the records of the County Assessor, or an ownership update from a title or abstract company or attorney derived from such records, or from the records of the County Clerk and Recorder. If the list was assembled from the records of the County Assessor, the applicant shall certify that such list was assembled within thirty (30) days of the application submission date. PAGE 152 2019-2621 ORD2019-02 H. A Statement of Taxes from the County Treasurer showing no delinquent property taxes for the property under consideration. I. The names and addresses of any owner, operator, or user of any irrigation ditch, lateral, or pipeline that traverses the property. J. The application fee. An additional fifty (50) percent of the application fee shall be added to the cost of the application fee if the USE is started prior to issuance of a permit. The payment of the investigation fee shall not relieve any persons from fully complying with the requirements of this Chapter, nor from any other penalties. K. The applicant shall provide a narrative or preliminary drainage study in accordance with the stormwater drainage criteria requirements of this Code. L. Any off -site and on -site Improvements Agreement shall be made in conformance with the County policy on collateral for improvements. Sec. 23-4-1230. Notification and appeal of denial. A. Once an application that is subject of this Division 17 is deemed complete by the Department of Planning Services, the Department of Planning Services shall send the application to applicable agencies listed in Appendix 23-G, as determined by the Department of Planning Services. The failure of any agency to respond within twenty-eight (28) days may be deemed a favorable response. All REFERRAL agency review comments are considered recommendations. The authority and responsibility for approval and denial of a zoning permit rests with the Department of Planning Services. B. The Department of Planning Services shall send notice, mailed first-class, to owners of LOTS within five hundred (500) feet of the subject property notifying them of the application and their opportunity to object to the issuance of the zoning permit, which shall be submitted by returning the signed form sent by the Department of Planning Services within twenty-eight (28) days. C. Within sixty (60) days of receiving a complete applicationCOMPLETE APPLICATION, the Department of Planning Services shall provide a written report to the applicant and provide the applicant comments received from REFERRAL agencies and any objections received from the property owners notified. The applicant shall be given the opportunity to revise the application to address the concerns raised. If the Director of Planning Services is satisfied with the applicant's efforts to address all concerns, the Director of Planning Services may approve the zoning permit. If the applicant is unwilling or unable to address all concerns to the satisfaction of the Director of Planning Services, the Director of Planning Services shall schedule a public hearing before the Board of County Commissioners for its review and decision following a public hearing. 1. If scheduled for a public hearing before the Board of County Commissioners, staff shall send notice, mailed first-class, to the applicant and owners of LOTS within five hundred (500) feet of the subject property at least ten (10) days prior to the hearing. REFERRAL agencies with comments shall also be notified at least ten (10) days prior to the hearing. 2. The Department of Planning Services shall post a sign on the subject property indicating a hearing has been scheduled, the hearing date, and telephone number where further information may be obtained. The sign shall be posted at least ten (10) days prior to the hearing date and evidenced with a photograph. PAGE 153 2019-2621 ORD2019-02 3. The .department of Planning Services shall arrange for legal notice of said hearing to be published in the newspaper designated by the Board of County Commissioners for publication of notices at least ten (10) days prior to the hearing. 4. The Board of County Commissioners shall hold a public hearing and consider testimony of owners of surrounding property and REFERRAL agencies concerning the effects of the zoning permit on the NEIGHBORHOOD and its compliance with the applicable criteria set out in this Code. 5. Following the public hearing, the Board of County Commissioners shall adopt a resolution affirming its decision as to whether to approve or deny the zoning permit. The decision of the Board shall be final. 6. Notico is not required by state statute and is provided as a courtesy to surrounding property owners. inadvertent errors by the applicant in supplying such list or the Department of Planning Services in sending such notice shall not create a jurisdictional defect in the permit process even if such error results in the failure of a surrounding property owner to receive such notification. Sec. 23-44240. -Conditions, ant • rcement, and revocation of zoning permit. A. USES approved through this Division 17 shall also be subject to additional requirements contained in Article V of this Chapter as applicable. B. No USE permitted by zoning permit shall create any unreasonable adverse impacts to the public headth, safety and general welfare of the owners of ADJACENT LOTS, such as offensive noise, vibration, smoke, dust, odors, lightin, traffic congestion, trash accumulation, heat, glare, electrical interference, or other hazard or nuisance noticeable beyond the subject property's boundaries. C. The property owner shall maintain compliance with all applicable local, state and federal regulations. D. The Department of Planning Services may place conditions on the issuance of the zoning permit to ensure compliance with applicable provisions of this Code or to mitigato negative impacts of the proposed USE. Construction or USE pursuant to issuance of a zoning permit shall be commenced within three (3) years from the date of approval of the permit. A one-time extension of one hundred twenty (120) days may be granted by the Department of Planning Services for good cause shown by written request. Before this :-extension has expired, the applicant may seek a further extension from the Board of County Commissioners by written request to the Director of Planning Services. If the Board of County Commissioners denies the extension or if construction has not commenced by the d,te specified by the Board, the zoning permit approval shall be aided, and the application denied. F. Any zoning permit may be revoked by the Board of County Commissioners for VIOLATION of any of the terms of this Division 17 or conditions of approval of the zoning permit following a Probable Cause Hearing as outlined in Section 2-4-40 of this Code. If the zoning permit is revked, the property owner shall cease operation of the USE immediately. Continued operation of the USE after a zoning permit has been revoked shall be :i VIOLATION of this Code. PAGE 154 2019-2621 ORD2019-02 G. The Director of Planning Services may revoke a zoning permit if the USE is discontinued for a period of three (3) consecutive years. Should the Department of Planning Services observe or receive credible evidence of such a discontinuance, the Department shall notify the property owner by first-class mail. If the property owner objects to the revocation of the zoning permit within thirty (30) days, the Director of Planning Services may schedule a public hearing before the Board of County Commissioners for its review and decision. The applicant shall be notified of the public hearing at least ten (10) days prior to the hearing. H. The Department of Planning Services may permit minor amendments to an approved zoning permit without a complete application for a new zoning permit, notification to surrounding property owners, or REFERRAL to agencies. The applicant shall provide a written summary of the proposed amendment(s) and any other documentation required by the Department of Planning Services. An increase of ten (10) percent or more in impervious surface area or an increase of ten (10) percent or more in traffic shall not be considered a minor amendment. If the Director of Planning Services determines the proposed amendment does not qualify as a minor amendment, the proposed amendment shall require a new zoning permit. I. Any USE listed in Article III of this Chapter as requiring issuance of a zoning permit under this Division 17, but which was in lawful existence at the time of adoption of this Division 17, may continue without obtaining a zoning permit so long as the USE is not discontinued for a period of three (3) consecutive years. The Department of Planning Services may permit minor amendments to such USE in accordance with the preceding Subsection. ARTICLE V - Overlay Districts Division 1 - A -P (Airport) Overlay District Amend Sec. 23-5-10. Definitions. For the purposes of this Article V, certain terms or words used herein shall be interpreted as defined in Section 23-1-90. Amend Sec. 23-5-20. Greeley -Weld County Airport zones. In order to carry out the provisions of this Chapter, there are hereby created and established certain zones which include all of the land lying beneath the APPROACH SURFACES, TRANSITIONAL SURFACES, HORIZONTAL SURFACES and CONICAL SURFACES as they apply to the GREELEY-WELD COUNTY AIRPORT. Such zones are shown on the GREELEY-WELD COUNTY AIRPORT Airspace (FAR Part 77 Surface), being Exhibit IV of the document entitled, "Airport Master Plan," dated December 15, 2003, a copy of which is on file at the Clerk to the Board's office and the Department of Planning Services. An area located in more than one (1) of the following zones is considered to be only in the zone with the more restrictive HEIGHT limitation. The various zones are hereby established and defined as follows: A. Utility Runway Visual Approach Zone: The inner edge of this APPROACH ZONE coincides with the width of the PRIMARY SURFACE and is two hundred fifty (250) feet wide. The APPROACH ZONE expands outward uniformly to a width of one thousand two hundred fifty (1,250) feet at a horizontal distance of five thousand (5,000) feet from the PRIMARY SURFACE. Its centerline is the continuation of the centerline of the RUNWAY. B. Runway Larger Than Utility Visual Approach Zone: The inner edge of this APPROACH ZONE coincides with the width of the PRIMARY SURFACE and is one thousand (1,000) feet wide. The APPROACH ZONE expands outward uniformly to a width of one thousand five hundred (1,500) feet at a horizontal distance of five thousand (5,000) feet from the PRIMARY SURFACE. Its centerline is the continuation of the centerline of the RUNWAY. PAGE 155 2019-2621 ORD2019-02 C Precision Instrument Runway Approach Zone: The inner edge of this APPROACH ZONE c•incides with the width of the PRIMARY SURFACE and is one thousand (1,000) feet wide. The APPROACE II ZNE expands outward uniformly to a width of sixteen thousand (16,000) feet at a horizontal distance of fifty thousand (50,000) feet from the PRIMARY SURFACE. Its centerline is the continuation of the centerline of the RUNWAY. D. ransitional Zone: The TRANSITIONAL ZONES are the areas beneath the TRANSITIONAL SJRFACES. F. -[orizntal Line: The f ORIZONTAL ZONE is established by swinging arcs of five thousand (5,000) feet radii for all RUNWAYS designated utility or visual and ten thousand (10,000) feet for all others from the center of each end of the PRIMARY SURFACE of each RUNWAY and connecting the fdjacent arcs by drawing lines tangent tthose arcs. The HORIZONTAL Z ENE Goes not include the APPROACH and TRANSITIONAL ZONES. F. Conical Zone: The CNICAL ZONE is established as the area that commences at the periphery of the HORIZC`NTAL ZONE and extends outward therefrom a horizontal distance of four thousand (4,000) feet. A end Sec. 23-5-30. Airport Zone height limitations. Except as otherwise provided in this Chapter, no STRUCTURE shall be erected, altered or maintained, and no TREE shall be allowed to grow, in any Greeley -Weld County Airport Zone described in Section 23-5-20 to a HEIGHT in excess of the applicable HEIGHT herein established for such Ton .. Such applicable HEIGHT limitations are hereby established for each of the zones in question as follows: A. Utility Runway Visual Approach Zone: Slopes of twenty (20) feet outward for each foot upward, beginning at the end of and at the same elevation as the PRIMARY SURFACE and extending to a horizontal distance of five thousand (5,000) feet along the extended RUNWAY centerline. B. Runway Larger Than Utility Visual Approach Zone: Slopes twenty (20) feet outward for each foot upward beginning at the end of and at the same elevation as the PRIMARY SURFACE and extending to a horizontal distance of five thousand (5,000) feet along the extended UNWAY centerline. C. Precision Instrument Runway Approach Zone: Slopes fifty (50) feet outward for each foot upward beginning at the end of and at the same elevation as the PRIMARY SURFACE and extending to a horizontal distance of ten thousand (10,000) feet along the extended RUNWAY centerline; thence slopes upward forty (40) feet horizontally for each foot vertically to an additional horizontal distance f forty thousand (40,000) feet along the extended RUNWAY centerline. D. Transitional Zone: Slopes seven (7) feet outward for each foot upward beginning at the sides •f, and at th same elevation as, the PRIMARY SURFACE and the APP ACH SURFACE, and extending to a HEIGHT of one hundred fifty (150) feet above the AIRPORT ELEVATION which is four thousand six hundred ninety (4,690) feet above MEAN SEA LEVEL. In addition to the foregoing, there are established HEIGHT limits sloping seven (7) feet outward for e wch foot upward beginning at the sides of and the same elevation as the APPROACH SURFACE, and extending to where they intersect the CONICAL SURFACE. Where the PRECISION DNS-TRU/ENT it ,UNWY APPROACH ZONE projects beyond the CONICAL ZONE, there are est blished HEIGHT limits sloping seven (7) feet outward for each foot upward beginning at the sides of and the same elevation as the APPROACH SURFACE, and extending a horizontal distance of five thousand (5,000) feet measured at ninety -degree angles to the extended RUNWAY centerline. PAGE 156 2019-2621 ORD2019-02 E. — No change. F. Conical Zone: Slopes twenty (20) feet outward for each one (1) foot upward beginning at the periphery of the HORIZONTAL ZONE and at one hundred fifty (150) feet above the AIRPORT ELEVATION and extending to a HEIGHT of three hundred fifty (350) feet above the AIRPORT ELEVATION. Amend Sec. 23-5-40. Use restriction. Notwithstanding any other provisions of this Division, no USE may be made of land or water within any zone established by this Division in such a manner as to create electrical interference with navigational signals or radio communication between the GREELEY-WELD COUNTY AIRPORT and aircraft, make it difficult for pilots to distinguish between GREELEY-WELD COUNTY AIRPORT lights and others, result in glare in the eyes of pilots using the GREELEY-WELD COUNTY AIRPORT, impair visibility in the vicinity of the GREELEY-WELD COUNTY AIRPORT, create bird strike hazards or otherwise in any way endanger or interfere with the landing, takeoff or maneuvering of aircraft intending to use the GREELEY-WELD COUNTY AIRPORT. Amend Sec. 23-5-50. Nonconforming use. A. Regulations not retroactive. The regulations prescribed in this Division shall not be construed to require the removal, lowering or other change or alteration of any STRUCTURE or TREE not conforming to the regulations as the effective date of the ordinance codified herein, or otherwise interfere with the continuance of a NONCONFORMING USE. Nothing contained herein shall require any change in the construction, alteration or intended USE of any STRUCTURE, the construction or alteration of which was begun prior to the effective date of the ordinance codified herein, and is diligently prosecuted. B. Marking and lighting: Notwithstanding the preceding provision of this Section, the owner of any existing NONCONFORMING STRUCTURE or TREE is hereby required to permit the installation, operation and maintenance thereon of such markers and lights as shall be deemed necessary by the Greeley -Weld County Airport Authority to indicate to the operators of aircraft in the vicinity of the GREELEY-WELD COUNTY AIRPORT the presence of such OBSTRUCTION. Such markers and lights shall be installed, operated and maintained at the expense of the Greeley -Weld County Airport Authority. Amend Sec. 23-5-60. Variances. Any person desiring to erect or increase the HEIGHT of any STRUCTURE, permit the growth of any TREE or USE property not in accordance with the regulations prescribed in this Division may apply to the Board of Adjustment for a VARIANCE from such regulations under Section 23-6-10.A. The application for VARIANCE shall be accompanied by a determination from the Federal Aviation Administration as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. Division 2 - Geologic Hazard Overlay District Amend Sec. 23-5-110. Purpose. The purpose and intent of the Geologic Hazard Overlay District regulations shall be to: A. Minimize hazards to public health and safety or to property in GEOLOGIC HAZARD AREAS. B. Promote safe USE of GEOLOGIC HAZARD AREAS. C. — No change. PAGE 157 2019-2621 ORD2019-02 0. Protect the public from the burden of excessive financial expenditures caused by damage from GI _ OLOGIC HAZARDS by regulating land USES within GEOLOGIC HAZARD AREAS. Amend Sec. 23-54 20. Msdalmer of liability. The regulation of a GECL•GIC HAZARD AREA by the Overlay regulations does not constitute an affirmation by the COUNTY that lands outside the regulated area as defined on maps aoopted by the _bard o County Commissioners will be free from the GEOLGIC HAZARD. Amend Sec. 23-5-°130. Building permit requirements. The soils report submitted with the building permit application shall include geotechnical recommendations stamped by a registered engineer and shall be submitted to the Building Department along with the building permit application. The study shall specify that the foundation and STRUCTURE design arc appropriate for the specific site. No certificate of occupancy shall bt issued until the Building Official is satisfied that the STRUCTURES have been constructed in compliance with the geotechnical recommendations. Amend Sec. 23-5440. Esta fl Shment f DiStrficto inhere is hereby established in the COUNTY a Geologic Hazard Overlay District. The Geologic Hazard Overlay District includes land which is within a GEOLOGIC HAZARD AREA. Me Colorad9• Geological Survey (CGS) and US Geological Survey (USGS) jointly developed a digital map delineating coverages based on previous studies pertaining to the location and distribution of abandoned underground coal mines in the Boulder -Weld coal field north and northwest of the lenver metropolitan area. I _ he regulated areas delineating the Extent of Abandoned Coal -Mine Workings and Locations of Mine Shafts, Adios, ;,,ir Shafts, and Faults, as amended, is available in elcctronic format for public inspection #t the USG webpage portal. field County GIS monitors this electronic link for amendments and provides electronic access to this information through the County GI portal. Wh5re there is a conflict between the boundary lines illustrated on the map and the actual field conditions, the disputes shall be settled according to Article VI of this Chapter. Division 3 — Reserved. Division 4 - REPEALED. (See Chapter 27.) ARTICLE VI - Board of A ijustrnent. Amend Sec. 23-6-10. Pow- rrs and duties. A. The Bard of Adjustment shall have the powers and duties enumerared below. The powers and duties as listed shah be exercised in conformance with the laws f the State and in conformance with the terms and conditions included in this Chapter. The powers of the Board of Adjustment shall be exercised in harmony with the intent of this Chapter or Chapter 26 or 27, as applicable, the intent of Chapter 22 of this Code and the public interest. 1. The oar of Adjustment has the power to hear and decide appeals from decisions concerning zoning issues made by any official employed by the COUNTY in the administration or enforcement of this Chapter, Chapter 26, or Chapter 27. �1 2. When there is an appeal of an administrative decision, the Board of Adjustment may, so long as such action is in conformance with the terms .f this Chapter, Char,oter 26, or Chapter 27, as applicable, reverse, affirm or modify the order, decision or determination appealed from. PAGE 158 20192621 O'er D2019-02 B. — No change. C. The Board of Adjustment has the power to hear and decide VARIANCES from the terms of this Chapter, with the exception of VARIANCES from Article XI, Floodplain Management Ordinance, which are heard and decided by the Board of County Commissioners. The Board of Adjustment also has the power to hear and decide VARIANCES from the terms of Chapters 26 and 27 of this Code where Chapters 26 and 27 are applied to individual LOTS or parcels. VARIANCES may be brought to the Board of Adjustment when, because of special conditions relating to the subject land, a literal enforcement of the provisions of this Chapter, Chapter 26, or Chapter 27 of this Code would result in unnecessary hardship to the appellant. 1. — No change. 2. No relief may be granted when the result of granting the requested relief is detrimental to the public good or when the relief is contrary to the purpose and intent of this Chapter or Chapter 26 or 27, as applicable. 3. In granting any VARIANCE, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with this Chapter and Chapters 26 and 27 of this Code. VIOLATION of such conditions and safeguards, when made a part of the terms under which the VARIANCE is granted, shall be deemed a VIOLATION of this Chapter and said Chapters 26 and 27 and punishable under Article X of this Chapter. 4. Under no circumstances shall the Board of Adjustment grant a VARIANCE to allow a USE not permissible under the terms of this Chapter in the district involved, or any USE expressly or by implication prohibited by terms of this Chapter or said Chapters 26 and 27. 5. No appeal of an administrative decision to the Board of Adjustment shall be allowed for BUILDING USE or LOT USE VIOLATIONS prosecuted under the terms of Article X of this Chapter. 6. No NONCONFORMING USE of neighboring LOTS, STRUCTURES or BUILDINGS in the same district, and no permitted or NONCONFORMING USE of LOTS, STRUCTURES or BUILDINGS in other districts shall be considered grounds for the issuance of a VARIANCE. 7. No VARIANCE from Chapters 26 and 27 of this Code shall be allowed where the term from which the VARIANCE is sought is one that was raised as an issue during the PUD zone or final plat process. Amend Sec. 23-6-20. Appeals of administrative decisions. Appeals to the Board of Adjustment brought under the provisions of Section 23-6-10.A. above shall be made within thirty (30) days of the order, requirement, decision or refusal alleged to be in error. Appeals of administrative decisions shall be made and processed as set forth below. A. Application Requirements. Applications to appeal administrative decisions shall be in written form according to the following requirements: 1. An application for appeal on the form as prescribed and furnished by the Department of Planning Services with the property owner's signature. If an authorized agent signs, a letter of authorization signed by all fee owners shall be included with the application. If the property is owned by a corporation, evidence that the signatory has the legal authority to sign for the corporation shall be included. 2. A citation of the Code section which is the subject to the disagreement. PAGE 159 2019-2621 ORD2019-02 3. A written description of the grounds for the appeal; and the reasons held by the appellant for the favored interpretation. 4. Any other information determined to be necessary by the Board of Adjustment that will aid the Board of Adjustment in making a decision which will not impair the intent and purpose of this Chapter. 5. The application fee. B. Duties of the :mDepartment .f Planning Services. The Department of Planning Services shall: 1. Review the application and determine that it is complete before scheduling consideration of the appeal by the Board of Adjustment. 2. — No change. 3. Review the application for consideration of the appeal and prepare comments for use by the Board of Adjustment, addressing all aspects of the appeal, its conformance with sound land use planning practices, the effect of granting or denying the appeal, its conformance with Chapter 22 of this code and MASTER PLANS of affected municipalities. 4. Post a sign on the property under consideration in a location readily visible from the adjacent PUBLIC STREET/ROAD RIGHT-OF-WAY. The sign will be posted at least ten (10) days preceding the hearing date. In the event the property under consideration is not adjacent to a PUBLIC STREET/ROAD RIGHT-OF-WAY, a second sign at the point at which the driveway (access drive) intersects a PUBLIC STREET/ROAD RIGHT-OF-WAY will be posted. The sign posting will be evidenced with a photograph. C. Duties of the Board of Adjustment. The Board of Adjustment shall hold a public hearing to consider the appeal. The concurring vote of four (4) members of the Board of Adjustment shall be necessary in order to decide in favor of the appellant on any appeal of an administrative decision. The Board's decision shall be based only upon the information presented at the public hearing and its interpretation of Chapter 23 of this Code. Amend Sec. 23-6-30. Appeals for interpretation f zone district un=aroes or lot lines. Appeals to the Board of Adjustment brought pursuant to Subsection 23-6-10.B above shall be made and processed as set forth below: A. Application Requirements. Appeals for interpretation of zone district boundaries or of LOT lines shall be made in written form according to the following requirements: 1. An application for appeal on the form as prescribed and furnished by the Department of Planning Services with the property owner's signature. If an authorized agent signs, a letter of authorization signed by all fee owners shall be included with the application. If the property is owned by a corporation, evidence that the signatory has the legal authority to sign for the corporation shall be included. 2. and 3. — No change. 4. The application fee. Duties of the Department of Planning Services. The Department of Planning Services shall: 1. Review the application and determine that it is complete before scheduling consideration of the appeal by the Board of Adjustment. 2. - No change. PAGE 160 2019-2621 ORD2019-02 3. Review the application for consideration of the appeal and prepare comments for use by the Board of Adjustment, addressing all aspects of the appeal, its conformance with sound land USE planning practices, the effect of granting or denying the appeal, its conformance with Chapter 22 of this Code and MASTER PLANS of affected municipalities. 4. Post a sign on the property under consideration in a location readily visible from the adjacent PUBLIC STREET/ROAD RIGHT-OF-WAY. The sign will be posted at least ten (10) days preceding the hearing date. In the event the property under consideration is not adjacent to a PUBLIC STREET/ROAD RIGHT-OF-WAY, a second sign at the point at which the driveway (access drive) intersects a PUBLIC STREET/ROAD RIGHT-OF-WAY will be posted. The sign posting will be evidenced with a photograph. C. Duties of the Board of Adjustment. The Board of Adjustment shall hold a public hearing to consider the appeal. The concurring vote of four (4) members of the Board of Adjustment shall be necessary in order to decide in favor of the appellant on any appeal for interpretation of zone district boundaries or LOT lines. The Board's decision shall be based upon only the information presented at the public hearing and its interpretation of Chapter 23 of this Code. Amend Sec. 23-6-40. Appeals for variance. Appeals to the Board of Adjustment brought pursuant to Subsection 23-6-10.C above shall be made and processed as set forth below. A. Application Requirements. An application for a VARIANCE in the application of specific terms or requirements in this Chapter shall be made in written form according to the following requirements: 1. A VARIANCE application on the form as prescribed and furnished by the Department of Planning Services with the property owner's signature. If an authorized agent signs, a letter of authorization signed by all fee owners shall be included with the application. If the property is owned by a corporation, evidence that the signatory has the legal authority to sign for the corporation shall be included. 2. A plot plan showing the location of existing features, such as STRUCTURES, fences, streams, PUBLIC or private RIGHTS -OF -WAY and STREETS/ROADS, access, etc. The plot plan shall include all proposed STRUCTURES. 3. and 4. — No change. 5. A statement that demonstrates that literal interpretation of the provisions of this Chapter would deprive the appellant of rights commonly enjoyed by other property owners in the same zoning district under the terms of this Chapter. 6. and 7. — No change. 8. Evidence that demonstrates that the VARIANCE requested is the minimum VARIANCE that will make possible the reasonable USE of the LOT, BUILDING or STRUCTURE. 9. — No change. 10. The application fee. B. Duties of the Department of Planning Services. 1. The Department of Planning Services shall review the application and determine that it is complete before scheduling consideration of the appeal by the Board of Adjustment. PAGE 161 2019-2621 ORD2019-02 2. The aepartment of Planning Services shall arrange for publication of notice of the public hearing to be held by the Board of Adjustment once in the newspaper designated by the Board of County Commissioners for publication of legal notices. The date of publication shall .oc at least ten (10) days prior to the scheduled hearing. 3. The Department of Planning Services shall mail by first class, ten (10) days prior to the scheduled hearing, a notice of the public hearing to the owners of the surface estate located within five hundred (500) feet of the parcel under consideration for the VARIANCE. The Department's s•-urce of the ownership information shall be the application for VARIANCE submitted by the appellant. 4. The Department of Planning Services shall review the application for considerati• n of the VARIANCE and shall prepare comments for use by the Board of Adjustment, addressing all aspects of the VARIANCE, its conformance with sound land USE planning practices, the effect of granting or denying the VARIANCE and its conformance with Chapter 22 of this Code and MASTE PLANS of affected municipalities. 5. Post a sign on the property under consideration in a location readily visible from the adjacent PUBLIC STREET/ROAD RIGHT-OF-WAY. The sign will be posted at le:ast ten (10) days preceding the hearing date. In the event the property under consideration is not adjacent to a PUBLIC STREET/ROAD RIGHT-OF-WAY, a second sign at the point at which the driveway (access drive) intersects a PUBLIC STREET/ROAD RIGHT-OF-WAY will be posted. The sign posting will be evidenced with a photograph. C. Duties of the Board of Adjustment. The Board of Adjustment shall hold a public hearing to consider the VARIANCE. The concurring vote of three (3) members of the Board of Adjustment shall be necessary in order to decide in favor of the appellant on any VARIANCE. An appeal for VARIANCE of the terms of this Chapter, Chapter 26 or Chapter 27 of this Code shall not be granted until and unless the Board of Adjustment, based only upon the information presented at the public hearing and its interpretation of this Code, has found and determined that: 1. — No change. 2. Literal interpretation of the provisions of this Chapter would deprive the appellant of rights commonly enjoyed by other property owners in the same zoning district under the terms of this Chapter. 3. — No change. 4. The reasons set forth in the application and testimony justify the granting of the VARIANCE, and the VARIANCE is the minimum VARIANCE that will make possible the reasonable USE of the LOT, BUILDING or ST:UCTURE. 5. The granting of the VARIANCE will be in harmony with the purpose and intent of this Ch _. pter, and will not be injurious to the NEIGH'tORHOD or otherwise detrimental to the public health, safety or welfare. Amend Sec. 23-6-50. Reserved. PAGE 162 2019-2621 ORD2019-02 ARTICLE VII o Nonconforming Uses and Structures Amend Sec. 23-7-10. Intent. Within the zoning districts established by this Chapter or amendments thereto, there exist STRUCTURES, USES of land or STRUCTURES, and characteristics of USE which were lawful before zoning regulations were passes or amended, but which would be prohibited, regulated or restricted under the terms of this Chapter or future amendment. It is the intent of this Article to permit these nonconformities to continue until they are removed or abandoned, but not to encourage their survival. It is further the intent of this Article that nonconformities shall not be enlarged upon, expanded or extended, nor be used as justification for adding other STRUCTURES or USES prohibited elsewhere in the same zoning district. NONCONFORMIN USES art, declared by this Article to be incompatible with permitted USES in the zoning districts involved. Amend Sec. 23-7-20. REPEALED. Amend Sec. 23-7-30. Nonconformin • uses of land. Where at the time of passage of this Chapter, r of passage of future amendments of this Chapter, a lawful USE of land exists which would not be permitted by the regulations imposed by this Chapter or future amendment, the USE m be continued so long as it remains otherwise lawful, provided that the following conditins are met: A. Extension or expansion. 1. No such NONCONFRMING USE shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date f adoption of the ordinance codified herein or amendment of this Chapter. 2. A NONCONFORMING USE shall not be extended or enlarged after adoption of the ordinance codified herein or amendment of this Chapter by erection of additional SI NS intended to be seen from off the premises, or by the addition of other USES which would be prohibited in the zoning district involved. 3. No such NONCONFORMING USE shall be moved in whole or in part to any portion of the LOT or parcel other than that occupied by such USE at the effective date of adoptif the ordinance codified herein or amendment of this Chapter. B. Substitution of USES. 1. A NONCONFORMING USE may as a Use by Special Review be changed to another USE which does not conform to the USES allowed in the zoning district, provided that the loara of County Commissioners shall find that the proposed US1 _ is equally appropriate or more appropriate to the zoning district and NEIGH; OHSOD than th,' existing NONCONFORMING USE. In permitting such change, the Board of County Commissioners may require appropriate conditions and safeguards in accordance with the provisions f this Chpter. 2. Whenever a NNCONFRMING USE is replaced by a permitted USE, the NONCONFORMING USE may not be reestablished. The permitted USE shall thereafter conform to the provisions of this Chapter. PAGE 163 2019-2621 RD2019-02 C. Abandonment. No NONCONFORMING USE of land shall cease so long as the property and associated ST'UCTU'ES associated with the NONCONFORMING USE are being maintained in accordance with this Code. If any such NONCONFORMING USE of land ceases f. ,r any reason for a period of six (6) months, the NONCONFORMING USE shall cease. Any subsequent USE of such LOT or parcel shall conform to the regulations specified by this Chapter for the zoning district in which such LOT or parcel is located. Amti.nd Sec. 23-7-40. one*nforming structure. las Where a lawful STRUCTURE exists at the effective date of adoption of the ordinance codified herein or amendment of this Chapter that could not be built under the terms of this Chapter by reason of restrictions on area, LOT COVERAGE, height, its location on the LOT ii other requirements concerning the STRUCTURE, such STRUCTURE may continue to exist s long as it remains otherwise lawful, subject to the following provisions: A. Repair and Restoration. Should such NONCONFORMING STRUCTURE or nonconforming portion of STRUCTURE be destroyed by any means to an extent more than fifty percent (50%) of its replacement cost at the time of destruction, it shall not be restored except in conformance with the provisions of this Chapter. Ordinary repairs the value of which do not exceed fifty percent (50%) of replacement cost of the STRUCTURE may be permitted. B. Expansion or enlargement. No such NONCONFORMING STRUCTURE or nonconforming portion of a STRUCTURE may be expanded, enlarged or altered in a way which increases its nonconformity, except that those STRUCTURES that are nonconforming by reason f noncompliance with existing SETBACK requirements may be expanded or enlarged so long as such expansion or enlargement does not further diminish the nonconforming SETBACK. No expansion or enlargement of STRUCTURES shall be allowed within an existing RIGHT - F -WAY. C. Substitution of STRUCTURES. Should such NONCONFORMING STRUCTURE be moved for any reason, for any distance whatever, it shall thereafter conform to the regulations f the zoning district in which it is located after it is moved. D. — No change. Amend Sec. 234-50. Nonc nforming uses of structures. If a lawful USE of a STRUCTURE or STRUCTURE and premises in combination exists on the effective date of adoption of the ordinance codified herein or amendment of this Chapter that would not be allowed in the zoning district under the terms of this Chapter, the USE of such STRUCTURE or STRUCTURE and premises may be continued so long as it remains otherwise lawful, subject to the following provisions: A. Repair and Restoration. An existing STRUCTURE devoted to a USE not permitted by this Chapter in the zoning district in which it is located which is destroyed by ;)ny mens to an extent greater than fifty percent (50%) of its replacement cost at time of destruction shall not be restored, except to gain conformance with all provisions of this Chapter. The NONCONFORMING USL shall not be reestablished after restoration. Ordinary repairs, the value of which do not exceed fifty percent (50%) of replacement cost of the STRUCTURF, may be permitted. B. Expansion or Enlargement. PAGE 164 20192621 OR®2019-02 1. A NONCONFORMING USE may be extended throughout any parts of a STRUCTURE which were manifestly arranged or designed for such USE at the time of adoption of the ordinance codified herein or amendment of this Chapter, but no such USE shall be extended to occupy any land outside such STRUCTURE. 2. A NONCONFORMING USE shall not be extended or enlarged after adoption of the ordinance codified herein or amendment of this Chapter by erection or attachment of additional SIGNS intended to be seen off the premises, or by the addition of other USES which would be prohibited in the zoning district involved. 3. No such NONCONFORMING USE shall be moved in whole or in part to any portion of the LOT or parcel other than that occupied by such USE on the effective date of adoption of the ordinance codified herein or amendment of this Chapter. C. Substitution of USES. 1. A NONCONFORMING USE may, as a Use by Special Review, be changed to another USE which does not conform to the USES allowed in the zoning district. However, the Board of County Commissioners shall find that the proposed USE is equally appropriate or more appropriate to the zoning district and NEIGHBORHOOD than the existing NONCONFORMING USE. In permitting such change, the Board of County Commissioners may require appropriate conditions and safeguards in accordance with the provisions of this Chapter. 2. Whenever a NONCONFORMING USE is replaced by a permitted USE, the NONCONFORMING USE may not be reestablished. The permitted USE shall thereafter conform to the provisions of this Chapter. D. Abandonment. When a NONCONFORMING USE of a STRUCTURE or STRUCTURE and premises is discontinued or abandoned for any reason for a period of one (1) year, any subsequent USE of such STRUCTURE or STRUCTURE and premises shall conform to the regulations specified by this Chapter for the zoning district in which such STRUCTURE or STRUCTURE and premises are located. ARTICLE VIII - Vested Property Rights Amend Sec. 23-8-20. Definitions. For the purposes of this Article VIII, certain terms or words used herein shall be interpreted as defined in Section 23-1-90. Amend Sec. 23-8-30. Duration, termination. A property right which has been vested as provided for in this Article shall remain vested for a period of three (3) years. This vesting period shall not be extended by any amendments to a SITE SPECIFIC DEVELOPMENT PLAN unless expressly authorized by the Board of County Commissioners. Amend Sec. 23-8-60. Development agreements. The Board of County Commissioners may enter into development agreements with landowners providing that property rights shall be vested for a period exceeding three (3) years where warranted, in light of all relevant circumstances, including, but not limited to, the size and phasing of the DEVELOPMENT, economic cycles and market conditions. Such development agreements shall be adopted as legislative acts subject to referendum as provided for in the Home Rule Charter. PAGE 165 2019-2621 ORD2019-02 Amend Sec. 23-8-90. Other provisions unaffected. Approval of a SITE SPECIFIC DEVELOPMENT PLAN shall not constitute an exemption from or waiver of any other provisions of this Chapter pertaining to the DEVELOPMENT and USE of property. The establishment of a VESTED PROPERTY RIGHT shall not preclude the application of ordinances or regulations which are general in nature and are applicable to all property subject to land USE regulation by the COUNTY including, but not limited to, building, fire, plumbing, electrical and mechanical codes. ARTICLE X - Enforcement Amend Sec. 2340-20. Criminal penalties. A. It is unlawful to erect, construct, reconstruct or alter any BUILDING or STRUCTURE in VIOLATION of any provision of this Chapter. Any person, firm or corporation violating any provision of this Chapter is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than one hundred dollars ($100.00), or by imprisonment in the County jail for not more than ten (10) days, or by both such fine and imprisonment. Each day during which such illegal erection, construction, reconstruction or alteration continues shall be deemed sR separate offense. It is unlawful to use any BUILDING, STRUCTURE or land in VIOLATION of any provision of this Chapter. Any person, firm or corporation violating any provision of this Chapter is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than one hundred dollars ($100.00), or by imprisonment in the County jail for not more than ten (10) days, or by both such fine and imprisonment. Each day during which such illegal USE of any BUILDING, STRUCTURE or land continues shall be deemed a separate offense. C. Whenever the Department of Planning Services, through one (1) of its employees, has personal knowledge of any VIOLATION of this Chapter, it shall give written notice to the violator to correct such VIOLATION within thirty (30) days after the date of such notice. Should the violator fail to correct the VIOLATION within such thirty -day period, the Department of Planning Services may request that the Sheriff's office issue a summons and complaint to the violator, stating the nature of the VIOLATION with sufficient particularity to give notice of said charge to the violator. The summons and complaint shall require that the violator appear in court at a definite time and place stated therein to answer and defend the charge. One (1) copy of said summons and complaint shall be served upon the violator by the Sheriff's office in the manner provided by law for the service of a criminal summons. One (1) copy each shall be retained by the Sheriffs office and Department of Planning Services and one (1) copy shall be transmitted to the Clerk of the Court. D. — No change. E. Any person who violates any provision of Article IX of this Chapter commits a Class 2 petty offense, and upon conviction thereof, shall be punishable by a fine of three hundred dollars ($300.00) for each separate VIOLATION. Any arresting law enforcement officer shall follow the penalty assessment procedure provided in Section 16-2-201, C. R.S., for any VIOLATION of said Article IX. PAGE 166 2019-2621 ORD2019-02 Amend Sec. 23-10-30. Equitable relief in civil action. A. In case any BUILDING or STRUCTURE is or is proposed to be erected, constructed, reconstructed, altered or used, or any land is or is proposed to be used, in VIOLATION of any provision of this Chapter, the County Attorney, or where the Board of County Commissioners deems it appropriate, the District Attorney, in addition to the other remedies provided by law, ordinance or resolution, may institute an injunction, mandamus, abatement or other appropriate action or proceeding to prevent, enjoin, abate or remove such unlawful erection, construction, reconstruction, alteration or USE. B. The County Attorney, acting at the request of the Board of County Commissioners, or the District Attorney, pursuant to Section 16-13-302, C.R.S., may bring an action in the District Court for the COUNTY for an injunction against the operation of an ADULT BUSINESS, SERVICE OR ENTERTAINMENT ESTABLISHMENT for repeat or continuing VIOLATIONS. Amend Sec. 23-10-40. Civil penalties. A. It is unlawful to erect, construct, reconstruct, alter or use any BUILDING, STRUCTURE or land in VIOLATION of this Chapter. In addition to any penalties imposed pursuant to Sections 23-10-20 and 23-10-30 above, any person, firm or corporation violating any such regulation, provision or amendment thereof or any provision of this Chapter may be subject to the imposition, by order of the COUNTY Court, of a civil penalty in an amount of not less than twenty-five dollars ($25.00), nor more than one thousand dollars ($1,000.00). It is within the discretion of the County Attorney to determine whether to pursue the civil penalties set forth in this Article, the remedies set forth in Sections 23-10-20 and 23-10-30 above, or both. Each day after the issuance of the order of the COUNTY Court during which such unlawful activity continues shall be deemed a separate VIOLATION and shall, in accordance with the subsequent provisions of this Section, be the subject of a continuing penalty in an amount not to exceed one hundred dollars ($100.00) for each such day. Until paid, any civil penalty ordered by the COUNTY Court and assessed under this Subsection A. shall, as of recording, be a lien against the property on which the VIOLATION has been found to exist. In case the assessment is not paid within thirty (30) days, it may be certified by the County Attorney to the County Treasurer, who shall collect the assessment, together with a ten -percent penalty for the cost of collection, in the same manner as other taxes are collected. The laws of the State for assessment and collection of general taxes, including the laws for the sale and redemption of property for taxes, shall apply to the collection of assessments pursuant to this Subsection. Any lien placed against the property pursuant to this Section shall be recorded with the County Clerk and Recorder. B. In the event any BUILDING or STRUCTURE is erected, constructed, reconstructed, altered or used or any land is used in VIOLATION of this Chapter, the County Attorney, in addition to other remedies provided by law, may commence a civil action in COUNTY Court for the County, seeking the imposition of a civil penalty in accordance with the provisions of this Section. PAGE 167 2019-2621 ORD2019-02 C he Department of Planning Services, through one (1) of its employees design.ted by resolution of the Board of County Commissioners, shall, upon personal information and belief that a VIOLATION of any regulation r provision of this Chapter has occurred, give written notice to the violator to correct such VIOLATION within ten (10) days after the date of such notice. If the violator fails to correct the VIOLATION within such ten-day period or within any extension period granted by the Department of Planning Services, the violator shall be given a second written notice that the VIOLATION matter has been referred to the County Attorney for legal action, unless the violator requests, in writing, a meeting with the Director of the Department of Planning Services. Following such meeting, the Director of the Department of Planning Services may grant the violator additional time to cure the VIOLATION or may request th$ the County Sheriff or the County Attorney issue a summons and complaint to the violator, stating the nature of the VIOLATION with sufficient particularity to give notice of such charge to the violator. D. — No change. E. If the County Court finds, by a preponderance of the evidence, that a VIOLATION of any regulation or provision of this Chapter, or amendment thereto, as enacted and adopted by the Board of County Commissioners, has occurred, the Court shall order the violator to pay a civil penalty in an amount allowed pursuant to Subsection A above. Such penalty shall be payable immediately by the violator to the County Treasurer. In the event that the alleged VIOLATION his been cured .r otherwise removed at least five (5) days prior to the appearance date in the summons, then the County Attorney shall so inform the Court and request that the action be dismissed without fine or appearance of the defendant. F. Upon the filing with the Court of a receipt issued by the County Treasurer showing payment in full of a civil penalty assessed pursuant to this Section and upon the filing of an affidavit •f the Department of Planning Services that the VIOLATION has been cured, removed or corrected, the Court shall dismiss the action and issue a satisfaction in full of the judgment so entered. G. If a receipt showing full payment of the civil penalty or the affidavit required by Subsection F above is not filed, the action shall continue and the Court shall retain jurisdiction to impose an additional penalty against the violator in the amount specified in Subsection A of this Suction. Such additional penalty shall be imposed by the Court upon motion filed by the COUNTY and proof that the VIOLATION has not been cured, removed or corrected. Thereafter, the action shall continue the penalty and any additional penalties so assessed and the filing of an affidavit of the Department of Planning Services that the VIOLATION has been cured, removed or corrected. ARTICLE XI ® Floodplain Management Ordinance. Division 1 = General Provisions. Amend Sec. 23-11-310. Definitions. For the purposes of this Article XI, certain terms or words used herein shall be interpreted as defined in Section 23-1-90. PAGE 168 2019-2621 ORD2019-02 APPENDIX 23-C - PERMITTED SIGNS BY TYPE AND ZONE DISTRICT SIGN TYPE BANNER SIGN BILLBOARD (not allowed in f PUD) BUILDING SIGN BUILDING MARKER CANOPY SIGN DEVELOPMENT SIGN FLAG FREESTANDING SIGN IDENTIFICATION SIGN INCIDENTAL SIGN A R-1 no no no no no no no no yes yes yes no R-2 R-3 R-4 R-5 E n C-1 C-2 C-3 C-4 I-1 I-2 1-3 yes/ yes/ z z yes/ yes! z z yes/ yes/ z z yes/ z yes! yes! z z INS yes/ z no yes! yes/ yes/ yes/ yes/ yes/ yes/ yes! z z z z z z z z yes yes yes yes yes! yes/ z z yes yes yes yes yes yes yes/ yes/ yes/ yes/ ; yes/ yes! yes/ yes/ yes/ z z z z z z z z z yes/ j yes/ z z yes Iyes yes ]yes yes yes yes yes yes yes yes I I yes yes -r- yes/ yes/ yes/ yes/ z z z z yes yes !yes yes yes yes/ yes/ !yes/ !yes/ yes/ yes/ i/a 'a a ;a 'a a a yes OFF -SITE DIRECTIONAL yes SIGN (not allowed in PUD) /z no no no no no yes yes yes yes 'yes yes yes no yes/ yes/ yes/ ; yes/ yes/ yes! I yes/ no z z z 'z z z z � � I t yes lyes POLITICAL SIGN REAL ESTATE PROMOTION SIGN RESIDENTIAL SIGN SUSPENDED SIGN TEMPORARY SIGN yes yes yes /z yes yes/ z yes yes/ z yes yes yes yes yes/ yes/ yes/ yes/ I yes/ z z z z Iz 1 yes yes 1 no no no yes yes yes WINDOW SIGN no yes yes no no yes yes no yes yes yes no no yes yes/ z yes yes yes/ z no yes/ z no yes yes yes/ z yes yes yes yes/ z no yes/ z yes/ z yes/ z no no no no yes/ z yes/ yes/ z iz yes yes yes! z yes yes/ z yes! z yes! z yes yes yes yes no no no no no no yes yes yes yes no no no no BEACONS, ROOF SIGNS, PENNANTS, inflatable, tethered balloons, PORTABLE SIGNS and strings of light bulbs used for COMMERCIAL purposes other than traditional holiday decorations are not allowed in any zone district. PAGE 169 2019-2621 ORD2019-02 KEY TO ABBREVIATIONS A Agricultural Zone District ,- R-1 __-r-- L Low -Density Residential Zone District R-2 1 I _ Duplex Residential Zone District i R-3 1 Medium -Density Residential Zone District R-4 1 High -Density Residential Zone District R-5 Manufactured Home Residential Zone District 3 1. E Estate Zone District C-1 Neighborhood Commercial Zone District C-2 General Commercial Zone District 0-3 Business Commercial Zone District C-4 Highway Commercial Zone District LI-1 Light Industrial Zone District i I-2 Medium Industrial Zone District 1-3 Heavy Industrial Zone District INS Institutional RECREATIONAL Development stated p - (PUD) CHURCHES, FACILITIES Zone District SCHOOLS, in Agricultural shall be evaluated CEMETERIES, and Residential by the underlying PUBLIC Zone Y Districts g USE(S) PARKS and unless and Planned otherwise PUBLIC Unit YES Such SIGN is allowed without prior zoning approval ;YES/Z Such SIGN is allowed only with prior zoning approval NO Such a SIGN is not allowed 'YES/A No COMMERCIAL MESSAGE of any kind allowed on SIGN PAGE 170 2019-2621 ORD2019-02 CANOPY SIGN APPENDIX 23-D - NUMBER AND DIMENSIONS OF INDIVIDUAL SIGNS BY ZONE DISTRICT AND TYPE SIGN TYPE BANNER SIGN 1 per ZONE LOT BILLBOARD (not allowed in PUD) BUILDING SIGN MAXIMUM SIGN AREA MAXIMUM HEIGHT 140 sq. ft. 1 per ZONE LOT. No BILLBOARD shall be located less than 500 ft. from 300 s . ft. any other BILLBOARD or OFF -SITE q DIRECTIONAL SIGN. -On a given wall, the sum !of all BUILDING SIGNS ;which require a zoning permit shall not exceed 8% of that wall's sq. ft. BUILDING MARKER 71 per BUILDING 1 per BUILDING face 4 sq. ft. I10% of the vertical surface of the canopy or 125 sq. ft., whichever is smaller 1 per PLANNED UNIT C & I 150 sq. ft. all other DEVELOPMENT SIGN 'DEVELOPMENT, Minor or Major €Zones - 32 sq. ft. Subdivision FLAG 1 per ZONE LOT A, R, & E - 15 sq. ft. total C, I & INS - 60 sq. ft. total No higher than the top of the BUILDING C & I - 25 ft. all others - 8 ft. A, R, & E - 15 ft. C, I & INS - 30 ft. A, INS - 1 per ZONE LOT. C & I - 1 FREESTANDING per ZONE LOT, 1 per each 500 ft. of A - 16 sq. ft. SIGN road frontage or 1 per each different & I 150 sq. ft. road frontage, whichever is greater.* INS 32 sq. ft. IDENTIFICATION SIGN 1 per tenant located within the BUILDING INCIDENTAL SIGN IN/A 2 sq. ft. N/A OFF SITE C, I & A - 1 per ZONE LOT. No - DIRECTIONAL SIGN signoff-SITE DIRECTIONAL SIGN C & I - 300 sq. ft. (not allowed in PUD shall be located less than 500 ft. from `A 150 sq. ft. zoning) any other BILLBOARD or OFF -SITE DIRECTIONAL SIGN. C & I - 25 ft. A - 6 ft. INS -15 ft. 4 ft. N/A POLITICAL SIGN No limits C & I - 40 ft. A - 30 ft. No limits No limits PAGE 171 2019-2621 ORD2019-02 REAL ESTATE per1 public access single- or double - PROMOTION SIGN g 48 sq. ft. each (On -Premises faced } 12 ft. i REAL ESTATE 2 single- or double-faced; must have ' PROMOTION SIGN landowner permission, min. 300 ft. 48 sq. ft. each (Off -Premises) spacing RESIDENTIAL SIGN 1 per ZONE LOT TEMPORARY SIGN 1 per ZONE LOT ;WALL SIGN N/A 8 ft. A, R,&E-4sq. ft. C, I & INS - 8 sq. ft. N/A 6 ft. A,R,&E-6ft. C, I & INS -8 ft. WINDOW SIGN N/A 25% of total window area KEY TO ABBREVIATIONS A Agricultural Zone District ir R-1 Low -Density Residential Zone District R-2 Duplex Residential Zone District R-3 Medium -Density Residential Zone District R-4 High -Density Residential Zone District R-5 Manufactured Home Residential Zone District E Estate Zone District C-1 i Neighborhood Commercial Zone District 0-2 General Commercial Zone District _ _ _ .. C-3 Business Commercial Zone District C-4 Highway Commercial Zone District -1 Light Industrial Zone District 1-2 Medium Industrial Zone District __...-- 1-3 Heavy Industrial Zone District Institutional - CHURCHES, SCHOOLS, CEMETERIES, PUBLIC PARKS and PUBLIC INS I RECREATIONAL Development stated. (PUD) FACILITIES Zone District in Agricultural shall be evaluated and Residential by the underlying Zone Districts USE(S) and unless Planned otherwise Unit PAGE 172 2019-2621 ORD2019-02 * SIGNS calculated by road frontage must be constructed in the 500 feet of road frontage or on the different road frontage, they may not be grouped. PAGE 173 2019-2621 ORD2019-02 APPENDIX 23-E - PERMITTED SIGN CHARACTERISTICS BY ZONE DISTRICT SIGN HYPE ANIMATED SIGN CHANGEABLE COPY SIGN Illumination, Internal * Illumination, External * no no no yes R- R - no no no no no no no no yes yes yes yes yes yes yes yes Illumination, Exposed Bulbs or no Neon I no no ;no no 'no KEY TO ABBREVIATIONS no no no Ho f yes yes yes yes no yes yes yes yes yes yes yes yes yesyes no no no no yes no no yes no yes no yes yes I no no A Agricultural Zone District I R-1 Low -Density Residential Zone District R-2 Duplex Residential Zone District R-3 Medium -Density Residential Zone District R-4 High -Density Residential Zone District R-5 Manufactured Home Residential Zone District E Estate Zone District C-1 Neighborhood Commercial Zone District C-2 i General Commercial Zone District { C-3 Business Commercial Zone District C-4 ' Highway Commercial Zone District -1 Light Industrial Zone District 1-2 } Medium Industrial Zone District _ -_, -3 Heavy Industrial Zone District 1 Institutional - CHURCHES, SCHOOLS, CEMETERIES, PUBLIC PARKS and PUBLIC INS RECREATIONAL Development stated (PUD) FACILITIES Zone District in Agricultural shall be evaluated and Residential by the underlying Zone Districts USE(S) and unless Planned otherwise Unit PAGE 174 2019-2621 ORD2019-02 EYES I- such SIGN is allowed NO - such a SIGN is not allowed * - TEMPORARY SIGNS may not be illuminated. PAGE 175 2019-2621 ORD2019-02 APPENDIX 23-G LIST OF REFERRAL AGENCIES A. Owners, operators, or users of any irrigation ditch, lateral, or pipeline that traverses the property B. Any municipality or county whose boundaries are within three (3) miles of the site. C. Weld County departments and offices, including but not limited to: 1. Building Inspection. 2. Code Compliance. 3. Floodplain Administrator. 4. Public Health and Environment. 5. Department of Public Works. 6. Extension office. 7. Office of Emergency Management. 8. Sheriff's Office. D. State agencies, including but not limited to: 1. Colorado Department of Public Health and Environment. 2. Colorado Department of Transportation. 3. Colorado Geological Survey. 4. Colorado Oil and Gas Conservation Commission. 5. Colorado State Division of Wildlife. 6. Colorado State Engineer, Division of Water Resources. 7. Colorado Water Conservation Board. 8. History Colorado. 9. Public Utilities Commission. E. Federal agencies, including but not limited to: 1. Bureau of Alcohol, Tobacco, Firearms, and Explosives. 2. Environmental Protection Agency. 3. Farm Service Agency (USDA). 4. Federal Aviation Administration. 5. Federal Communications Commission. 6. Federal Emergency Management Agency. 7. Food and Drug Administration. 8. Natural Resources Conservation Service (USDA). PAGE 176 2019-2621 ORD2019-02 9. U.S. Army Corps of Engineers. 10. U.S. Bureau of Land Management. 11. U.S. Bureau of Reclamation. 12. U.S. Fish and Wildlife Service. 13. U.S. Forest Service. 14. Western Area Power Administration. F. Airports. G. Conservation districts. H. Fire districts. I. Poudre Trail Authority. J. Railroads. K. Special districts. L. Utility companies. M. Any other agencies or individuals whose review the Department of Planning Services deems necessary. PAGE 177 2019-2621 ORD2019-02 CHAPT 29 IL!!- ING REGUL STICLE I - General Provisi ns Amen* Sec. 291-20. Definitions. NS As used in this Building Code, unless the context otherwise requires, the following definitions shall apply: Factory -built (modular) home means a manufactured home constructed to "factory -built residential requirements" established by the State Housing Board and installed on a permanent foundation meeting IRC standards. Manufactured home means a preconstructed building unit or combination of preconstructed building units that: a. Includes electrical, mechanical, or plumbing services that are fabricated, formed, or assembled at a location other than the residential site of the completed home; b. Is designed and used for single-family residential occupancy in either temporary or permanent locations; c. Is constructed in compliance with the "National Manufactured Housing Construction and safety Standards Act of 1974", 42 U.S.C. sec. 5401 et seq., as amended; Does not have motive power; and e. Is not licensed as a vehicle. See also Factory -built (modular) home. ARTICLE II ® C d_. Standards. mend sec. 29-2-110.=-Manufactred home installation stanh,rds. Any manufactured home located in or relocated within the County shall bear a Housing and Urban Development (HUD) label and meet the following installation standards. The Building Official may authorize the use of different materials or methods which will accomplish substantially the same result. The Building Inspection Department shall be authorized to act as the exclusive inspection agency for the County pursuant to the Colorado Division of Housing Manufactured Housing Installation Program. Any installation of manufactured home in the County shall be performed in strict accordance with the applicable manufacturer's installation instructions. Where the manufacturer's instructions are not applicable, installation shall be in accordance with ANSI A225.1 1994, as amended by the Colorado Division of Housing. A copy of the manufacturer's instructions or the standards promulgated by the Colorado Division of Housing shall be available at the time of installation and inspection. A. ® No change. B. Foundations. 1. Basement or crawlspace foundations and any manufactured structure that requires a Flood Hazard Development Permit for manufactured homes shall be designed by an architect or engineer licensed by the State. Additionally, if a site specific soils report is not provided, an "open hole" inspection shall be conducted by an architect or engineer licensed by the state. Subsequent to that inspection, a written letter bearing the architect's or engineer's stamp shall be presented to and approved by the Building Inspection Department prior to backfilling around the foundation. PAGE 178 2019-2621 ORD2019-02 2. — No change. 3. An engineered foundation is required where unstable or expansive soil conditions are encountered. Otherwise, it is permissible to use a foundation consisting of block piers and tie -downs. This foundation shall be according to the manufacturer's installation manual. When a manufactured home has been previously set up and the manufacturer's installation manual is no longer available, the foundation shall meet the standards based on ANSI A225.1-1994. 4. — No change. C. Skirting. Skirting shall be provided around the bottom of the manufactured home to ground level. Skirting shall be made of a material which is approved for exterior use by the IRC. Skirting must have nonclosing vents located at or near each corner and as high as possible. Open vent area must be equal to at least one (1) foot for every one hundred fifty (150) square feet of the home's floor area. D. Retaining walls. 1. Retaining walls installed around the outside perimeter of manufactured homes for the purpose of ground setting shall be constructed so as to resist loads due to lateral pressure. 2. — No change. E. — No change. F. Minimum plumbing requirements. Every manufactured home used as a dwelling unit shall be provided with a kitchen sink and a bathroom equipped with facilities consisting of a water closet, lavatory and either a bathtub or shower. Each sink, lavatory and either a bathtub or shower shall be equipped with hot and cold running water necessary for its normal operation. G. Approved sewage disposal. All manufactured and factory -built (modular) homes shall be connected to either an approved public or private sewage disposal system. Private sewage disposal systems are subject to permitting requirements of Chapter 30 of this Code, as administered by the Department of Public Health and Environment. The home shall not be occupied nor a final building approval or certificate of occupancy issued until the septic permit has been given final approval by the Department of Public Health and Environment. H. Temporary storage. A manufactured home receiving a zoning permit for temporary storage shall only be required to be blocked and tied down. No utility hookups of any type, including septic systems, shall be allowed. ARTICLE VII - Manufactured or Factory -Built (Modular) Home Permits. Amend Sec. 29-7-10. Permit required. No manufactured or factory -built (modular) home, as defined in this Building Code, may be located or relocated within the County without a building permit issued by the Building Official. PAGE 179 2019-2621 ORD2019-02 Amend Sec. 29-7-20. Addition% alterations or repairs. Manufactured or factory -built (modular) homes t•- which additions, alterations or repairs are made shall comply with all requirements of this Building Code. A separate building permit shall be applied for as provided for in Article III of this Chapter. Amend Sec. 29-7-30. Connection of two (2) manufactured homes for human habitation. No more than two (2) manufactured homes may be connected or physically attached. The following requirements shall be met: Remainder of Section — No change. Amend Sec. 29-7-40. Application. Each application for a permit, with the required fee, shall be filed with the Building Inspection Department on a form furnished for that purpose. The applicant shall give a description of the home, including make, model, year, serial number and size, the manufactured or factory -built (modular) home certification number, if any, issued by any state or by the United States, and a description of the type of foundation to be used. The applicant shall also list the location, ownership and use of the land on which the home is to be placed. The application shall be signed by the property owner or an authorized agent. For additional requirements, see Sectins 29-3-110 through 29-3-190 of this Chpter. Amend Sec. 29-7-60. Zoning compliance. Prior to the release of a manufactured or factory -built (modular) home permit, the Department of Planning Services will review the application for the permit and all pertinent submittals to check compliance with Chapters 23 and 24 of this Code, and any other applicable rules and regulations. Upon approval from the Department of Planning Services, the permit application shall be given to the Building Official for review and issuance. Amend Sec. 29-7 0. Fees. Any person desiring a permit for a manufactured or factory -built (modular) home required by this Building Code shall, at the time of filing an application therefor, pay a fee to the Building Inspection Department as established by the Board of County Commissioners in Chapter 5 of this Code Amend Sec. 29-7-12®. Required inspections. Setbacks, foundation, underground inspections, electrical, mechanical, heating, plumbing, skirting, grading, steps and landings, final septic and final approval inspections conducted pursuant to this Building Code shall be required of all manufactured and factory -built (modular) homes. BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is, directed to arrange for Municode to supplement the Weld County Code with the amendments contained herein, to coincide with chapters, articles, divisions, sections, and subsections as they currently exist within said Code; and to resolve any inconsistencies regarding capitalization, grammar, and numbering or placement of chapters, articles, divisions, sections, and subsections in said Code. PAGE 180 2019-2621 ORD2019-02 BE IT FURTHER ORDAINED by the Board, if any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The Board of County Commissioners hereby declares that it would have enacted this Ordinance in each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. The above and foregoing Ordinance Number 2019-02 was, on motion duly made and seconded, adopted by the following vote on the 10th day of July, A.D., 2019. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO ATTEST: Barbara Kirkmeyer, Chair Weld County Clerk to the Board Mike Freeman, Pro-Tem BY: Deputy Clerk to the Board Sean P. Conway APPROVED AS TO FORM: Scott K. James County Attorney Steve Moreno Date of signature: Publication: First Reading: Publication: Second Reading: Publication: Final Reading: Publication: Effective: March 6, 2019 April 29, 2019 May 15, 2019, in the Greeley Tribune June 10, 2019 June 19, 2019, in the Greeley Tribune July 10, 2019 July 19, 2019, in the Greeley Tribune July 25, 2019 PAGE 181 2019-2621 ORD2019-02 Hello