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Home My WebLink About20191638.tiffNOTICE OF FINAL READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2019-02 was introduced on first reading on April 29, 2019, and a public hearing and second reading was held on June 10, 2019. A public hearing and final reading was completed on July 10, 2019, with changes being made as listed below, and on motion duly made and seconded, was adopted. Effective date of said Ordinance is listed below. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page (www.weldgov.com). E-mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your e- mail correspondence into the case file, please send a copy to egesick@weldgov.com. ORDINANCE NO. 2019-02 ORDINANCE TITLE: 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 EFFECTIVE DATE: July 25, 2019 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: July 16, 2019 PUBLISHED: July 19, 2019, in the Greeley Tribune ******* CHANGES MADE TO CODE ORDINANCE #2019-02 ON FINAL READING: Amend Sec. 23-1-90. Definitions, to read as follows: ACCESSORY BUILDING, STRUCTURE, or USE: any BUILDING, STRUCTURE, or USE which: a. — No change. b. Is normally associated with the PRINCIPAL BUILDING or USE, c. and d. — No change. 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. 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. 0.2 o 'q. /138` 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. 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. 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. a. Essential Services CRITICAL FACILITIES. 1) Essential Service CRITICAL FACILITIES include, but are not limited to: a) thru d) — No change. 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). Remainder of definition — No change. 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. 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. 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. 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. 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. Amend Sec. 23-2-30. Duties of Planning Commission, to read as follows: 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. Remainder of Section — No change. Amend Sec. 23-2-50. Application requirements for Change of Zone, to read as follows: A. thru D.3.o. — No change. 4. No change. Delete 5. E.1. thru 7. — No change. 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. thru 11. — No change. Delete 12. Remainder of Section — No change. Amend Sec. 23-2-150. Intent and applicability, to read as follows: 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. Remainder of Section — No change. Amend Sec. 23-2-240. Design standards, to read as follows: 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. thru 12. — No change. 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. Amend Sec. 23-2-260. Application requirements, to read as follows: A. thru B.12. — No change. 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. Remainder of Section — No change. Amend Sec. 23-2-285. Minor amendments, to read as follows: A. thru G.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. G.3. thru H.4.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. Remainder of Section — No change. Amend Sec. 23-3-30. Accessory uses outside of subdivisions and historic townsites, to read as follows: 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. Remainder of Section — No change. Amend Sec. 23-3-50. - Accessory uses in subdivisions and townsites, to read as follows: 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. Remainder of Section — No change. Amend Sec. 23-3-55. Uses allowed by permit in subdivisions and historic townsites, to read as follows: No USE listed in this Section shall commence construction or operation in the A (Agricultural) Zone District on LOTS in SUBDIVISIONS and HISTORIC TOWNSITES without prior approval of a land use permit from the Department of Planning Services or Department of Public Health and Environment, as applicable. A. thru R. — No change. Delete R — SMALL SCALE SOLAR FACILITIES. Remainder of Section — No change. Amend Sec. 23-3-65. Uses by special review in historic townsites, to read as follows: The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained on LOTS in HISTORIC TOWNSITES in the A (Agricultural) Zone District upon approval of a Special Review Permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. A. thru M. — No change. Delete N and reletter. Remainder of Section — No change. Amend Sec. 23-3-110. R-1 (Low -Density Residential) Zone District, to read as follows: A. — No change. 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. Remainder of Section — No change. Amend Sec. 23-3-130. R-3 (Medium -Density Residential) Zone District, to read as follows: 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. Remainder of Section — No change. Amend Sec. 23-3-140. R-4 (High -Density Residential) Zone District, to read as follows: A. — No change. 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. Add Sec. 23-3-260. Farming of undeveloped land, to read as follows: 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. Amend Sec. 23-3-310. I-1 (Light Industrial) Zone District, to read as follows: A. thru B. — No change. C. Uses allowed subject to Site Plan Review. The following USES shall be allowed in the I-1 Zone District following approval and recording of a Site Plan in accordance with Article II, Division 3, of this Chapter. Any USE conducted outside of an ENCLOSED BUILDING shall be SCREENED from adjacent PUBLIC RIGHTS -OF -WAY and ADJACENT LOTS in any Zone District other 1-3. 1. AGRICULTURAL 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. thru 32. — No change. D. and E. — No change. 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. 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, to read as follows: A. and B. — No change. C. Uses allowed subject to Site Plan Review. The following USES shall be allowed in the 1-2 Zone District following approval and recording of a Site Plan in accordance with Article II, Division 3, of this Chapter. Any USE conducted outside of an ENCLOSED BUILDING shall be SCREENED from adjacent PUBLIC RIGHTS -OF -WAY and ADJACENT LOTS in any Zone District other 1-3. 1. AGRICULTURAL PRODUCTION. 2. A USE of a research, repairing, manufacturing, fabricating, assembling, PROCESSING, or storage nature. 3. thru 18. — No change. 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. Remainder of Section — No change. Amend Sec. 23-3-330. 1-3 (Heavy Industrial) Zone District, to read as follows: A. and B. — No change. C. Uses allowed subject to Site Plan Review. The following USES shall be allowed in the 1-3 Zone District following approval and recording of a Site Plan in accordance with Article II, Division 3, of this Chapter. 1. thru 3. — No change. 4. A USE of a research, repairing, manufacturing, fabricating, assembling, PROCESSING, or storage nature. Remainder of Section — No change. Amend Sec. 23-3-350. Farming of undeveloped land, to read as follows: 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. Amend Sec. 23-4-50. Off-street loading required, to read as follows: A. and 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. Remainder of Section — No change. 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. — No change. 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. Remainder of Section — No change. Amend Sec. 23-4-160. Temporary storage of unoccupied manufactured home, to read as follows: 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. Remainder of Section — No change. Amend Sec. 23-4-475. Notification and appeal of denial, to read as follows: A. thru C.1. — No change. 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. Remainder of Section — No change. Amend Sec. 23-4-990. Home Occupation permit requirements, to read as follows: A. thru C.2. — No change. 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. thru 5. — No change. 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. Remainder of Section — No change. Amend Sec. 23-4-1230. Notification and appeal of denial, to read as follows: A. and B. — No change. 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. Remainder of Section — No change. 08TRIBUNE Pursuant to the W on first reading on 2019. A public hea made as listed bei said Ordinance is I to the Board of Co the Clerk to the B Building, 1150 O thru Friday, or ma messages sent to inclusion of your weldgov c om. ORDINANCE, NO. ORDINANCE 'TIT CHAPTER 1:4• U! ATIO S, OF ,T, EFO4CTIME DAT BOAD'COUI WELD COUNTY; DATED: July 16, PUBLISHED: Ju •CHA Amend Sec. 23-1 ACCESSORYBL a. - No change. OLAR FACILITIES. b. Is normally .asf hangs. c. and .d. - No ct AGRICULTURAL crops and other i mixing, blending, STRUCTURES r ethanol or alcoh CELL ON WHEE year). of network mised. Delete COMMUI COMMERCIAL rectly, names, a Friday, July 19, 2019 UBDIVISIONS and HISTORIC TOWNSITES so long as they are clearly o ah,allowed USE. marijuana grown and sold authorized by Section 14ursuant to the provision of Article of Article XVIII of the Colo adoConti- ose Article VII, Chapter 12, of this Code. aan9e. ssory uses in subdivisions and townsites, to read as follows: RUCTURES and USES shall be allowed in the A tural) DIVISIONS and HISTORIC TOWNSITES so long athey lare clearly to an allowed USE. Note: The combined GROSS FLOOR AREA of all instructed after August 25, 1981 on LOTS of less than ten (10) acres in IC TOWNSITES shall not exceed four (4) percent of the total LOT area, ion Areas, which shall adhere to RUA development standards. Howev- CCESSORY BUILDING exceed twice the GROSS FLOOR AREA of the i the LOT except by VARIANCE. Any ACCESSORYSTRUCTURE made n of this Section may be repaired, replaced or restored in total. al marijuana that is grown and sold pursuant to the provision of Article a purpose authorized by Section 14 of Article XVIII of the Colorado as per Article VII, Chapter 12, of this Code. hange. allowed . by permit in subdivisions and historic townsites, to read shall commence construction or operation in the A (Agricultural) Zone SIONS and HISTORIC TOWNSITES without prior approval of a land lent of Planning Services or Department of Public Health and Environ- by special review in historic townsites, to read as follows: TRUCTURES and USES may be constructed, occupied, , operated and BORIC TOWNSITES in the A (Agricultural) Zone District upon approval n accordance with the requirements and procedures set forth in Article ^hange. (Low -Density Residential) Zone District, to read as follows: o BUILDING, STRUCTURE or land shall be used, and no BUILDING or be erected, structurally altered, enlarged or maintained in the R-1 Zone activity. more of the following USES. COMMUNITY B change libraries, post o (Medium -Density Residential) Zone District, to read as follows: including but n e R-3 Zone District is to provide areas for higher density residential uses lodges, grange nd developed in compliance with the applicable requirements of this CRITICAL FACT is also intended to accommodate nonresidential land USES that are situated, that, if ble with residential USES. This Zone District may serve as a transition essential servic ne Districts and R-1 or R 2 Zone Districts and should be located in CRITICAL FACT here SCHOOLS and COMMERCIAL services are available. ardous Materia change. a. Essential Se (High -Density Residential) Zone District, to read as follows: 1 Essential Se a) thin d) - No o BUILDING, STRUCTURE or land . shall be used, and no BUILDING or e) PUBLIC utili r be erected, structurally altered, enlarged or maintained in the R-4 Zone MENT PLANT r more of the following USES. the . towers, poi a of undeveloped land, to read as follows:, vYou1SreWl�l Lrie receiving a COMPLETE APPLICATION, the Department of Planning Ser- Planning Servic41 report to the applicant and provide the applicant comments received Remainder of S�nd any objections received from the property owners notified. The Amend Sec. 23 opportunity to revise the application to address the concerns raised. A. thru C.2. - Nc ervices is satisfied with the applicant's efforts to address all concerns, 3. If the Departryices may approve the zoning or those notified w rns to thsatisfaction of the i permit. or of Planning Services, the icant is unwilling the application chedule a public hearing before the Board of County Commissioners for denied by the Dewing a public hearing. 4. thru 5. - No d change. Delete 6 and 7. D. Approval or ing criteria: 1. through 3. - d Remainder of S G Affidavit of Publication i,TE OF COLORADO County of Weld, Jennifer Usher SS. aid County of Weld, being duly sworn, say I am an advertising clerk of THE GREELEY TRIBUNE, le same is a three days weekly plus Sunday caper of general circulation and printed and ;hed in the City of Greeley in said county and that the notice or advertisement, of which the :ed is a true copy, has been published in said newspaper for consecutive (days): that the was published in the regular and entire issue ery number of said newspaper during the 1 and time of publication of said notice, and newspaper proper and not in a supplement if; that the first publication of said notice was fined in the tenth day of July A.D. 2019 and the last ration thereof: in the issue of said newspaper ig the date of the eenth day of July A.D. 2019 has been ;hed continuously and uninterruptedly during eriod of at least six months next prior to the issue thereof contained said notice or •tisement above referred to; that said paper has been admitted to the United States ; as second-class matter under the provisions :e Act of March 3,1879, or any amendments !,of; and that said newspaper is a daily ;paper duly qualified for publishing legal :es and advertisements within the meaning of laws of the State of Colorado. `ily 19, 2019 otal Charges: $325.31 9th day of July2019 ly Commission Expires 08/13/2022 Notary Public VICKIE G GARRETTS NOTARY STATE PUBLIC OF COLORADO NOTARY ID 20144031754 MY COMMISSION EXPIRES AUGUST 13, 2022 CO TRIBUNE Friday,July 19, 2019 NOTICE OF FINAL READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2019-02 was introduced on first reading on April 29, 2019. and a public hearing and searond reading was held on June 10. 2019. A public hearing and final reading was completed on July 10,2019. with changes being made as listed below. and on motion duly made and seconded, was adopted- Effective date of said Ordinance is listed below. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined In the office of the Clerk to the Board of County Commissioners. b Gated within the Weld County Administration t ru Friday, or ma50 0 y access d through the Weld between County he Web Page (rs of IT.00 am. www.wweeldb:00 gov. pcomml. E.mall Monday messages sent to an individual Commissioner may not be included In the case file. To ensue Inoluslon of your e-mail correspondence into the case fib, please send a coq to egesick0 weldgoweom. ORDINANCE NO. 2019-02 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 14 HEALTH AND ANIMALS. CHAPTER 23 ZONING AND CHAPTER 29 BUILDING REG- ULATIONS, OF THE WELD COUNTY CODE EFFECTIVE DATE July 25.2019 BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: Jury 18, 2019 PUBLISHED: Juy 19, 2019. in nba Grecian Tribune • CHANGES MADE TO CODE ORDINANCE 62019-02 ON FINAL READING: Amend Soc.23-1-90. Definitions, to read as follows: ACCESSORY BUILDING, STRUCTURE, or USE: any BUILDING, STRUCTURE or USE which: -No charga. b. Is normally associated with the PRINCIPAL BUILDING or USE, 0. end d.-Nochange. g rg crop and otU�plants grown n premises PROCESSING. packing, paaclung,sortsorting, Ist storing, dry�'ng, ending of crops blending, and/or selling of crops and other plants grown off premises, end BUILDINGS and STRUCTURES related thereto. AGRICULTURAL PRODUCTION does not include production of ethanol or alcoholic beverages. See also FARMING. - CELL ON WHEELS and : A portable mobile cellllllarr site wherecellulartemporary (up lto one 111 year) of n age ooc agesmnma or omero- rniced. Delete COMMUNITY BUILDINGS. COMMERCIAL MESSAGE: Any SIGN wording. logo or other representation that. di indi- rectly, y, names, advertises or calls attention to a business, product, service or other COMMERCIAL vlly. COMMUNITY BUILDINGS: and museums, and! and non-profit BUILDINGS,01 the ing membinonli a limited p, ilbrenen, postoffices,community cld ubhouses C BUILDINGS toers' members ce s,aaroup, including but not is, an aommuel organization ubhnons o ces. by homeowners' assooiations, fraternal loCRI TC grange LITY, and RUCTUREr rlted offices. CRRte,tFA,if floo.'eSTRUCTURE ormbtcaht hazards to but not land upon whin ltu risen al that, ii 0 e d o may result n I e CiOUN ha t any ti pubic health and salary a interrupt rCalsFACIU IES operations fortheCOUNTYatanyitegbefore, Essential altoiFLoOD. CRous Materials; FACILITIES are classifiedul uncle ane followng o Regories: (N) rmal erl icenhces; (0) Haz- a. Ert err(C) CRITIC L F0ACIUTIE end (DI Vital to Restoring Normal Services. a. Essential Services CRITZ CAL ACILITIES include, 1 Essential Service CRITICAL FACILITIES Ibut are not limited to, thrci PUBLIC LI- Nochange.last. PUBLL PLANTS, Slant facilities for generation and distribution, rwerushas erhuds, SEWAGE TREAT- MENT to PIANTS. SUBSTATIONS and pumping lin stations for oaten, der ibu goal but and including the towers poles, power Imes, burled pipelines. transmission lines. distribution lines service fttine.end si STRUC- TURES serrsnng emergency functions. aion lifelines such as nd associatetliMrastrucN�av (aviation helicopter toweerrs, a r traffic control center. and emergency equipment aircraft hangars). Remainder of definition - No change. DEVELOPMENT The placement, construction, erection, reconstruction, movement and/orane- . anon of BUILDINGS and/or other STRUCTURES. the placement of paved areas, drainage Improve - Is or alterations on the historic flow of drainage patterns or amounts, and the placement of ligrrting and/or otherappurtenances retated to airy and all USES. excluding OIL AND GAS FACIL- ITIES. Includes any man-made change to improved or unimproved real,grradi g, paving, but not limited to BUILDINGS or other STRUCTURES, MINING, dredging, filling, grading, paving, excava- tion or drilling operations or storage of equipment or materials. mapHISTORICTOWNSITE A grip of LOTS, tracts, or parcels or paof rcels created byggrecoinal rding cel from rro plat on which they werrch e treehili ated.urecdoeies of rded prior to September tracts,0. Igor. HISTORICTOWVNGTE incudes all property within such plat or map. whether or not amended or resubdiwded by subsequent plater map, except for any ptopemy removed from said plat or map with approval by the Board of County Commissioners LARGE SCALE SOLAR FACILITY. A facility for lire produotion of elecidcel energy tram energy rr produced and ytrennesloumiing 5oc9aniehen� urtteenanttfaclipower iees rend anytnnansmiseles, 'on lines, eaneIwhich Is gain purpose supplying customers for the i have a of a pcapacity W eter than elthi t (30) enmeray el saes, a cess mien or not inclu s aotl an or a ratedmounted solar then b oa ed) megawatts. This designation shall t include roof and/or anode designed super systems Iothtetl on permitted 0911 PRINCIPAL a and AC- CESSORY BUI are BUILDINGS andedInlll o to hppy power ermto the principle USE(S) site. dLarge Sand Solar e 1s are permitted In all zones through pedniG4 issued pursuant to the procedures found in 21 01 the Ands. RESIDENTIAL SIGN: Any SIGN pdlocated in a g for toned to residential USES that contains r no mi COMMERCIAL MESSAGE,if except advertising for goods or services legally offered al.. premises here the SIGN le located. A offering such aervin at such location conforms with all requirements of thisCoda SbyB Sp Gg MAJOR FACILITIES OF A PUBLIC STILTY OR PULIC AEVNCY, PLANNED UNITMDEVELOP- District on LOTS outside of SUBDIVISIONS and HISTORIC TOWNSITES so long as they ere clearly incidental and ACCESSORYto an allowed USE. A. One (1) caregiver of medical marijuana grown and sold pursuant to the provision of Anicla 43.3, Title 12, C.R.S., and fora purpose euhorbed by Section 14 of Article XVIII of the Colorado Consti- tution of per LEGAL cLOn -as per LOT Article VII, Chapter 12, of this Coda Re Attend Sec. 23-3.50.. Accessory uses In subdlotsione end townsitee to reed as follows: 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 Indiaantal and ACCESSORYto an allowed USE. Note: The combined GROSS FLOOR AREA of all ACCESSORY BUILDINGS constructed atter August 25, 1981 on LOTS of bas than ten (10) act. in SUBDIVISIONS and HISTORIC TOWNSITES shall not exceed four (4) percent of the total LOT area ex cept inRegional UrbanizatiUrbanizationAreas, which shall adhere to RUA development standards. Howev- er. in no case shall such en ACCESSORY BUILDING exceed Woe 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 metaled in total. A One (1) caregiver of medical marihuana that is grown and sold pursuant to the provision of Article 43.3, Title 12, C.R.S., and fora purpose authorized by Section 14 of Article XVIII of the Colorado Constitution per LEGAL LOT as per Article VII Chapter 12, of this Code. Remainder of Section - No change. Amend Sec. 23-3-55, Uses allowed by permit in subdivisions and historic torments,. reed as NOUSE listed in this Secton shall commence construction or operation in the A (Agricultural) Zone District on LOTS in SUBDIVISIONS and HISTORIC TOWNSRES without prior approval of a land use permit from the Department of Planning Services or Department of Public Health end Environ- u m, as enpMinable. Ahte R. -N 11anpa. Delete R - SMALL SCALE SOLAR FACILITIES. . mentitler of Sectin - No change A Amend See. BUILDINGS, Gees by rectal reslese in histono townesru to read es fellows maintaining BUILDINGS, STRUCTURES and USES may be � constructed, occuiled, operated and maintained fined on LOTS In HISTORIC TOWNSRES in the Arement !lured Zone tires t upon approval of e Special Review Permit in accordance with he requirements and procedures set forth in Article nhru M. 4 of this Chapter. A. letu M. - No change. Delete N and Section Amendof S-3-11 -R- Hasse. Amato Sao. 23-3.110. R-1 (Low-Derieily Residential) Zone District, to read as blows: B.-ta change. STRshAbyRight. fte be erected, STRUCTURE reland shall loo used, and d th R-1 Zone STRUCTURE shah one (1) or beer of she lucNrgllU aESad, enlarged or maintained In he R-1 Zone Districtinderoft for one (11 or more of the following USES. Remainder of Section . No change. Amend Sae. 23-3-130. of the V -S u r aDnrit Rtoipr oide areas 01 highertrlot, d mind as nw,: es that are locatA. Intent The ed. purposedealgrod and developed ptoiance�with he applicable requirements residence, ant ftls Code. The R3 Zone District Is also Intended to accommodate nonresidential land USES that are ACCESSORY to or compatible with rmidertial USES. TNs Zone District may serve as atransition betwurban or urbanien zing areas a Zone Districts and R-1 or R 2 Zone where SCHOOLS and COMMERCIAL services arestricts and available. in ARemmend lSas, 23-3-140. R-4 HI nr of Section - No change. (High -Density ReeidentiQ Zone District, read as follows: -No change. 8 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 Oisbict except for one (1) or more of the following USES. Add Sec. 233-280. Farming of undeveloped land. to reed as follows: FARMING shed! be allowed on any undeveloped lend in any C Zone District as long eO the mad - m number of ANIMAL UNITS per LOT allowed in the A (AgrnunuraT Zone District is not exceed- ed. end Sec. 28-3-310. I-1 (Light Industrial) Zone District, to reed as follows: A.thruB- Nocharrgge • C. Uses allowed subiect to Site Plan Review. The following USES shall be allowed In the I-1 Zone District following approval and recording of a Ste Plan in adcordance with Article II. Drvbin 3, of ells Chapter. Any USE conducted outside f an -ENCLOSED BUILDING shall be SCREENED from adjaccet PUBLIC RIGHTS -OF -WAY and ADJACENT LOTS in any Zone District ohs I.3. 1. AGRICULTURAL PRODUCTION. 2. An indoor USE of a manufacturing. fabricating, assambang or warehouse nature. 3. BREW PUBS, BREWERIES, DISTILLERIES. and WINERIES. 4. CAR WASHES and p stations. 5. COMMERCIAL SCHOOLS. 8. COMMERCIAL STORAGE BUILDINGS. 7. CUSTOM MEAT PROCESSING. B. DISTRIBUTION CENTERS. 9. Farm equipment, sales. repair, and inetelatlon facinuea 10. FUNERAL HOMES and mortuaries. - 11. Golf courses. 12. Grain, seed, feed, and fertilizer retail end wholesale sales estabiishmenre. 13. Headquarters or service facilities for taxi services, bus services and other services involving the hsnsporatlon of people. 14. ELIPORTS. 15. HOTEI_S/MOTELS. INDOOR SH OOTING RANGES. 11. LANDSCAPING COMPANIES. 18. FFICESVARDSMl017DWOPKING. .OFFICES. 20 21. OUTDOOR STORAGE of PUBLIC utility -related equipment. 21. PET CREMATORIES. 22. Police, ambulance, and fire stations or rectifies. Affidavit of Publication C8 TRIBUNE NOTICE OF FINAL READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2019-02 was introduced on first reading on April 29, 2019, and a public hearing and second reading was held on June 10, 2019. A public hearing and final reading was completed on July 10, 2019 with changes being made as listed below, and on motion duly made and seconded, was adopted;: Effective date of said Ordinance is listed below. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located within the Weld County Administration Building, 1150 0 Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or maybe accessed through the Weld County Web Page (www.weldgov.com).'E-mail messages sent to an individual Commissioner may not be Included in the case file. To ensure inclusion of your a -mail correspondence into the case file, please send a copy to egesick weldgov corn. ORDINANCE NO. 2019-02 ORDINANCE TITLE: IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS,. CHAPTER 14 HEALTH AND ANIMALS, CHAPTER 23 ZONING AND CHAPTER 29 BUILDING REG- ULATIONS, OF THE WELD COUNTY CODE EFFECTIVE DATE: ':July 25, 2019 BOARD OF COUNTY COMMISSIONERS WELD CCiUNTY, COLORADO DATED: July 16; 2019 PUBLISHED: July 19, 2019, in the Greeley Tribune CHANGES MADE TO CODE ORDINANCE #2019-02 ON FINAL READING: Amend Sec. 23-1-90. Definitions, to read as follows: ACCESSORY BUILDING, STRUCTURE, or USE: any BUILDING, STRUCTURE, or USE which: a. - No change. b. Is normally associated with the PRINCIPAL BUILDING or USE, c. and d. - No change. AGRICULTURAL PRODUCTION: PROCESSING, packing, sorting, mixing, and/or blending of Amend Sec. 23-3-65. Uses crops and other plants grown on premises and/or PROCESSING, packing, sorting, storing, drying, The following BUILDINGS, S mixing, blending, and/or selling of crops and other plants grown off premises, and BUILDINGS and maintained on LOTS in HIST AGRICULTURAL PRODUCTION does not include production of of a Special Review Permit ii District on LOTS outside of Sl incidental and ACCESSORY t. A. One (1) caregiver of niedici Title 12, C.R.S., and for a purl tution per. LEGAL LOT as per. Remainder of Section No cl• Amend Sec. 23-3-50. - Aces The following BUILDINGS, SI Zone District on LOTS in SUE incidental and ACCESSORY t ACCESSORY BUILDINGS co SUBDIVISIONS and HISTORI except In Regional Urbanizati er, in no case shall such an A principal DWELLING UNIT or nonconforming by applicatioi A. One (1) caregiver of medic 43.3, Title 12, C.R.S., and for Constitution per LEGAL LOT Remainder of Section - No c Amend Sec. 23-3-55. Uses as follows: No USE listed in this Section District on LOTS in SUBDIVIt use permit from the Departm ment, as applicable. A thru R. - No change. Delete R - SMALL SCALE Si Remainder of Section — No c STRUCTURES related thereto. ethanol or alcoholic beverages. See also FARMING. •. • • 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 compro- mised. Delete COMMUNITY BUILDINGS. COMMERCIAL MESSAGE: Any SIGN wording, logo or other representation that, directly or indi- rectly, names, advertises or calls attention to a business; product,. service or other COMMERCIAL activity. OMMUNi7YBUiLDINGS Governmental and non-profit BUILDINGS including but not limited to II, Division 4 of this Chapter. A. thru M. - No change. Delete N and reletter. Remainder of Section - No i Amend Sec. 23-3-110: R-1 A. - No change. B. Uses Allowed by Right. N STRUCTURE shall hereafter C District except for one (1) or libraries, post offices, and museums, and quasi -PUBLIC BUILDINGS for the members of a group, Remainder of Section — No including but not limited to community clubhouses owned by homeowners' associations, fraternal Amend Sec. 23-3-130. R-3 lodges, grange halls, and agricultural organization offices. A. Intent. The purpose_ of thi CRITICAL FACILITY: A STRUCTURE or related infrastructure, but not the land upon which it is that are located, designed e situated, that, if flooded, may result in significant hazards to public health and safety or interrupt Code. The R-3 Zone Distric essential services and operations for the COUNTY at any time before, during or after a FLOOD. ACCESSORY to or compati CRITICAL FACILITIES are classified under the following: categories: (A) Essential Services; (B) Haz- between COMMERCIAL Zo ardous Materials; (C) At -Risk Populations; and (D) Vital to Restoring Normal Services. urban or urbanizing areas m a. Essential Services CRITICAL FACILITIES. Remainder of Section — No 1) Essential Service CRITICAL FACILITIES include, but are not limited to: Amend Sec. 23-3-140. R-4 a) thru d) - No change. A. - No change. e) PUBLIC utility plant facilities for generation and distribution, such as hubs, SEWAGE TREAT- B. Uses Allowed by Right. t MENT PLANTS, SUBSTATIONS and pumping stations for water, power and gas, but not including STRUCTURE shall hereafte thetowers, poles, power lines, buried pipelines, transmission lines, distribution lines and service District except for one (1) o lines; and Add Sec. 23-3-260: Fermin f) Air transportation lifelines such as AIRPORTS (municipal and larger), helicopter path and STRUC- FARMING shall be allowed TURES serving emergency functions, and associated infrastructure (aviation control towers, air mum number of ANIMAL U ed traffic control centers and emergency equipment aircraft hangars). Amend Sec. 23-3-310.1 i Remainder of definition - No change. DEVELOPMENT The placement, construction, erection, reconstruction, movement and/or alter- A. thru B. - No change. . ation of BUILDINGS and/or other STRUCTURES, the placement of paved areas, drainage improve- C. Uses allowed subject to ments or alterations on the historic flow of drainage patterns or amounts, and the placement of District following approval ( lighting and/or other appurtenances related to any and all USES, excluding OIL AND GAS FACIL- this Chapter. Any USE con( (TIES. Includes any man-made change to improved or unimproved real estate, including but not adjacent PUBLIC RIGHTS - limited to BUILDINGS or other STRUCTURES, MINING, dredging, filling, grading, paving, excava- 1. AGRICULTURAL PROD. tion or drilling operations or storage of equipment or materials. 2. An indoor USE of a man HISTORIC TOWNSITE: A group of LOTS, tracts, or parcels of land created by recording a plat or 3. BREW puss, BREWERi map which shows the boundaries of such LOTS, tracts, or parcels and the original parcel from 4. CAR WASHES and gas which they were created, recorded prior to September 26, 1961. HISTORIC TOWNSITE includes all 5. COMMERCIAL SCHOOL property within such piat or map, whether or not amended or resubdivided by -subsequent plat or 6. COMMERCIAL STORAC map, except for any property removed from said plat or map with approval by the Board of County 7. CUSTOM MEAT PROCE Commissioners. 8. DISTRIBUTION CENTEF LARGE SCALE SOLAR FACILITY A facility for the production of electrical energy from energy 9. Farm equipment sales, i produced by the sun including solar energy collectors, power generation facilities; facilities for 10. FUNERAL HOMES anc storing and transforming energy, other appurtenant facilities and any transmission lines, which is 11. Golf courses. developed for the purpose of -supplying or distributing electrical energy to users, a customer or • 12. Grain, seed, feed, and customers and will have a rated capacity greater than thirty (30) megawatts. This designation shall 13. Headquarters or servic not include roof and/or ground mounted solar systems located on permitted PRINCIPAL and AC- transportation of people. CESSORY BUILDINGS and designed to supply power to the principle USE(S) on site. Large -Scale 14. HELIPORTS. Solar Facilities are permitted in all zones through permits issued pursuant to the procedures found 15. HOTELS/MOTELS. 16. INDOOR SHOOTING I Mai Review, OVERLAY IONMG DISTRICTS or SUBDIVISIONS. TheuPlanning Commission shell 5. DOMES IC SEPTAGB dIspossl subject Clreptl4eof thissCoda. the Weld County Charter. - provide recommendations to the Board of County Commissioners concerning the disposition of 6. MEAT PROCESSING. he requested change. The Planning Commission shall recommend approval of the request for the T. MEDIUM SCALE SOLAR FACILITIES, subject to the additional requirements of Section 23 -4 - Change of Zone only it k finds that Inc applicant has met the etendands or conditions of this Sub- 1030. section A and Section 23-2-50. The applicant has the burden of proof to show that the standards e: Open MINING and processing of minerals, and conditions of this Subsection A and Section 23-2-50 are met. The applicant shall d 9. PIPEUNE - DOMESTIC WATER in accordance with this Division 6 of Article II of Chapter. 1.1mu 3. - No change. demonstrate: 10. RESEARCH LABORATORIES. 4. That STREET/ROAD or highway facilities providing access to the property are adequate In size to 11. TELECOMMUNICATIONS ANTENNA TOWERS over seventy ()0) feel In height. new At the requirements of the proposed role district. This will include updating end obtaining any 12. USES similar to the USES listed as permitted as long as the USE complies With the general Access Permits, as required. The Access Permit may require an Improvements Agreement. In Intent of the Zone District. the event that the STREET/ROAD or highway facilities are not property sued and are planned to be 13. WIND GENERATORS requiring the issuance of Special Review Permit underDiweon 6 of Article properly shed In the future. in conformance with the Transportation Plan or in conformance with IV of this Chap., the MOLTER PLANS ot affected municipalities, the applicant may either wait to secure the rezoning Delete G. until the improvements ere made by the appcopriate unit of government or the applicant may ex- Amend Sec. 23-3.320.1-2 (Medium Industrial) Zone District, to reed as follows: press a willingness to upgrade the STREET/ROAD or.h'yhway facilities at his or her own expense in A. and B. - No change. Order to ekpedke approval of the requested Change of Zone. In the latter event, it wit be necessary C. Uses allowed subject to Site Plan Review. The following USES shell be allowed in that -2 Zone for the applicant to either construct the necessary Improvements before the building permits are Dishlct following approval and retarding of a Site Plan In accordance with Article II, Division 3, of - issued, or submit suitable performance guarantees to the COUNTY to ensure consirucllon of the flits Chapter. Any USE conducted outside of an ENCLOSED BUILDING shall be SCREENED from nequIred /ROAD or highway facility improvements. Remainder adjacent PUBLIC RIGHTS -OF -WAY and ADJACENT LOTS any Zone District other 1-3. eler of of Section No change. Sr 1. AGRICULTURAL PRODUCTION. Amend Sec. 23-2-50. AppRoation requirements for Change of Zone, to read as follows: 2. A USE of a research, repairi A. this D.3.o. - No change, lrig, manufacturing, fabricating, assembling, PROCESSING, or mor- 4. No change. age nature. Delete 5. 3.thru 18. - amngg No ch • El. thru T. - No change. 19.. OI OIL AND GAS STOPAGE FACILITIES. B. O STREET/ROAD or highway facilities which provide access to the 20. OIL AND GAS SUPPORT AND SERVICE. to meet the requirements of the proposed zone district, the applicant r all511 ply' information 22.OUTDOOR U DOOR STORAGE. ORAE of PUBLIC utility -mimed equipment. ent. which l demoonnsuetees�llingnreos and financial capabPlanility toupgradethe STRE/ROAD or highway 23. ORGANIC FERTILIZER PRODUCTION/COMPOSING FACILITIES. 23-2-40 i In on this Chap.. Trhe e shall be shown hereby meet the requirements of Section 24. Parking and peeking STRUCTURES. t installation Chan to improvements by a Improvements Agreement or contract 25. PET CREMATORIES. guaranteeing provements by the applicant made in conformance with the COUNTY 26. Pollee, ambulance, and fire stations or facilities. policy oof n ollatemUor improvements. Approval of the Improvements Agreement will be a condition Remainder of section- No change. menl shall mg an Access lpursuant to a meet the requirements 01 12-Ai2 6-10 m seq., and Inc Improvements Agree- Amend Bee. 23.3330, 13 (Heavy Indumrla9 Zone District, to real as fellows. 9. ihru 11, A. and O. -No change. - No change. Deets 12. C. Vses allowetl subject to Ske Plan Review. Thar following USES shell be allowed in ins I-3 Zone Remainder of Section - No change. Dist following approval antl recording of a Site Plan in accordance with Article II, Division 3, of Amend Sea 23.2-150. Intent and applicability, to read es follows; ore Chapter.. -N A - No change. 1. thm 3. - No change. - B. An approved Site Plan ReN¢w is regulred tor certain USES en denoted in Article III of this a4' A USE ol a research, repairing, manufacturing, fabricating, assembling, PROCESSING, or mor- Chapter. and any PUD Districts wham the proposed USE would require en approved Site Plan Restrainer of Section- No change. Review in en R-3, Commercial or industrial Zone District. Amend Sec. 233.350. Farming of undeveloped land, to read as follows: C. No land BUILDING or STRUCTURE shall be used. changed In USE or type of occupancy, FARMING shall be allowed on any undeveloped land in any I Zone District as long as the maximum zone DEVELOPED, emoted, constructed. reconstructed, moved or structurally altered or operated In any number of ANIMAL UNITS per LOT allowed in the A (Agricultural) Zone District is not exceeded. Plan devtriewt that requires a Site Plan Review until a Site Plan Renew has bean approved and a Site Amend See. 23-4-. Off-street loading required, to read as follows: Remainder of p recorded No change. Department of Planning Services.A, s. and B. - No change. Amend Sec. 23-2-240- Design standard , to mad as follows ,- graded C. Off-street loading spaces shall be surfaced with either gravel, asphalt or concrete and shall be A An applicant for a Use by Special Review shell demonstrate compliance with the r3owing when necessary as to prevent drauoblotoppproblems. Each apace should be equipped with wheel guars Uaag standards in the application and shall continue to meet these standards 0 approved for coming Into c contact ootther vehicles, b alit, fences or aplantings boundary I-street loadingthis o and from DEVELOPMENThll be consistent with the surrounding DEVELOPMENT. but any USE requiring l f e Sooe 1. Mru 12. - No change. Plan Review shall have a paved off-street loading area. approval of a Site 13. Trash collection areas or facilities shall Se SCREENED from PUBLIC RIGHTS -OF -WAY and Remainder of Section- No change. ADJACENT properties. These areas shall be designed and used in a manner that will prevent wind- Amend Sec. 23-4-60. Pureosed and alWlt or eolmal-scattered Sash. A The purposes of This Division em the following: to encourage the effective use of SIGNS as e Amend Sea 23-2-260, Application requirements, to read as follows; f communication in unincorporated Weld County; to maintain and enhance the visa car - A_ en B.12. - No change. rigors and the County' ability to attract sources of economic development and growth; to improve 13. - No change - pedeetnen and traffic safety; to minimize the possible adverse effect m SIGNS on nearby public 14. The app5icant shall submit a al and private pmperl)) and to enable the fair and consistent enforcement of these SIGN residetios. IGA municipality does rim wish to annex kpequired by the GA.qulry form demonstrating that the 1.More-Ne change. the regulations e¢t forth in This Division are Intended to: Remainder of Section- No change. 1. -No charge. Amend See. 23.2-285. Minor amendments, to reed as follows: 2. Allow certain SIGNS that are small, unobtnisive, and incldented to the principal USE o1 the A. thru G.1. - No change. resp.tive LOTS on v..they are Mooted, subject to the substant. requirements of this Division, 2. One O) copy of the Special Review map; twenty -f Wr (24) incites by thirty-six bra without a requirement for caning approval. Subsection I below for map requirements. (36) litthss. See Remainder m Section - No change. G3. thm HA,I. - No Change Amend Se, 23-4-,50, Terryprary storage of unoccupied manufactured home, to read as I. SITE SPECIFIC DEVELOPMENT PLAN end Use by Special Review (USR) Map Requirements. The 5AAzonina permit for the TEMPORARY storageof one (1) unoccupied MANUFACTURED HOME, not map requirements for Minor Amendments shall be the same as required in Subsection 23-2.200.D. including the storage of goods Inside the UNIT, one LOT in the A (Agricultural) Zone District maybe except that the certificate for the Planning Commission's signature shall be replaced with one for issued by the Department of Planning Services subject to the following provisions: the Director of Planning Services and the certificates for the Boar of County Commissioners and A. The applicant shall obtain a building permit and shell comply with all applicable installation tmiss he lonrk to the Boar are only required it the application is referred to the Bear of County Com- standards of Chapter 2901 this Code; provided. however, that no utility hookups to the MANUFAC- Remalnder of Section- No change. TURED HOME of any type. including septic systems, shell be allowed. No change. Amend Sec. 233.30. Accdseory uses outside of subdivisions and historic tuwesOas, to reed Remainder See 25-+ 4-475, Notification and appeal of denial, to reed as follows as follows: A. thru C.I. - No change. The following BUILDINGS, STRUCTURES and USES shall be allowed in the A (Agricultural) Zone 2. If appealed, a public hearing shell be scheduled before the Board of County Commissioners and staff shall send notice, mailed fast -class, to the applicant and owners of LOTS vmhln five hundred (500) feet of the subject property at least ten (10) days prior to the hearing, The Depertment of Planning Services shall also notify the REFERRAL agencies with comments of me hearing. Rommel,. of S.tion - No change. Amend Sec. 23-4.990. Home Occupation C2. Permit requlremenis, to reed m toilows A. this- No change. S. If the Department of Rennin Servicesreceivesob1'ewlons horn et cent thirty (90) percent of Hose the application does d n not meet all appht licable critor lenane and requirements, of Planning ing per determine denied by the Department of Planning Services. equirements, the zoin9 permit shall be 4. Ova 5. -No change. Delete 6 and 7. D. Approval or denial of the zonin ing criteria: 0 permit for a HOME OCCUPATION shall be based on the follow - 1. through 3. - No change. Remainder nt Section - No change. Amend Sea 23-4-1230. Notification and appeal of dental, to read as follows A. and B. -No change. - 0. Wolin sixty (001 days of receiving e COMPLETE APPLICATION, the Department of Manning Ser- Ices shall provide a wifffen report to the applicant and provide the applicant Consents moments received from REFERRAL agences antl any objections received from the property notified. The p Scant shell be ggNen Ills 0950nunlry to revise tie epplkanon to addressilie concerns rebel, II the Dteotor of Planning Sevres Is setpfiee with the appermit..I ekorta to addressdl cencmns, the Dunable Po ad of Planning Sarecas may approve the zoning permit. If the applicant is s, the ng or bleb address all oncems to the pus satisfaction of the Deeaor or Planning Services, Director of Planning Services shall schedule u public hearing before the Board 01 County Commissioners Ian its Remainder and indero Section —o nd decision flowing change. ahearing. The Tribune July lb, 2019 NOTICE OF SECOND READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2019-02 was introduced on first reading on April 29, 2019, and a public hearing and second reading was held on June 10, 2019, with changes being made as listed below. A public hearing and third reading is scheduled to be held in the Chambers of the Board, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631, on July 10, 2019. All persons in any manner interested in the next reading of said Ordinance are requested to attend and may be heard. Please contact the Clerk to the Board's Office at phone (970) 400-4225, or fax (970) 336-7233, prior to the day of the hearing if, as a result of a disability, you require reasonable accommodations in order to participate in this hearing. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, IncntPri within the WPId County Mministratinn Riiilding, 11 s t7 StrPPt, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page (www.weldgov.com). E-mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your e- mail correspondence into the case file, please send a copy to egesick@weldgov.com. ORDINANCE NO. 2019-02 ORDINANCE TITLE: 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 DATE OF NEXT READING: July 10, 2019, at 9:00 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: June 14, 2019 PUBLISHED: June 19, 2019, in the Greeley Tribune CHANGES MADE TO CODE ORDINANCE #2019-02 ON SECOND READING Amend Sec. 23-1-80. Implementation procedures, to read as follows: 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 01-0/9-/e0,31 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, to read as follows: 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. 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. 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. 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. HELIPORT: An area designed and used for the landing, takeoff, maintenance, and fueling of helicopters. MANUFACTURED HOME: A SINGLE-FAMILY DWELLING that is a preconstructed building unit or combination of building units that: a. — No change. b. Is designed and used for single-family residential occupancy in either TEMPORARY or permanent locations; c. thru e. — No change. 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. 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. RECREATIONAL VEHICLE: A transportation STRUCTURE or self-propelled vehicle with or without flexible, removable or collapsible walls and partitions, which is: a. thru d. — No change. 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. 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. 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. Amend Sec. 23-2-30. Duties of Planning Commission, to read as follows: 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: Remainder of Section — No change. Amend Sec. 23-2-40. Duties of Board of County Commissioners, to read as follows: A. thru D. - No change. Delete E. and F. Amend Sec. 23-2-50. Application requirements for Change of Zone, to read as follows: A. thru D.4. - No change. Delete 5. Remainder of Section - No change. Division 3 - Site Plan Review Amend Sec. 23-2-150. Intent and applicability, to read as follows: A. and B. — No change. 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. and 2. — No change. 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. Remainder of Section — No change. Amend Sec. 23-2-160. Application requirements for site plan review, to read as follows: 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. thru L. — No change. M. Statements describing that the LANDSCAPE requirements listed below have been met: 1. and 2. — No change. Delete 3 and 4 and renumber, as follows: 3. The applicant shall submit to the Department of Planning Services a maintenance plan for the proposed LANDSCAPE on the site. N. thru S. — No change. 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. thru 5. — No change. 6. Glare. Any lighting used to illuminate an off-street parking area, outside storage area, outside actnnty area SIGN or other STRUCTURE shall arranged deflect light away .L� ..., other V 1 1 \V 1 VI \L- shall be arranged Gl11y V\A to deflect light IL 011p7 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. Remainder of Section — No change. Amend Sec. 23-2-180. Enforcement procedures, to read as follows: A. thru B. - No change. Delete C thru E. Amend Sec. 23-2-200. Intent and applicability, to read as follows: A. — No change. 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. Remainder of Section — No change. Amend Sec. 23-2-240. Design standards, to read as follows: 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. thru 12. — No change. 13. A statement explaining that the 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. Amend Sec. 23-2-260. Application requirements, to read as follows: A. thru D. — No change. E. Supporting Documents. The following supporting documents shall be submitted as part of the application: 1. thru 5. — No change. Delete 6 and renumber subsequent items. Delete F. and reletter subsequent items. Amend Sec. 23-2-285. Minor amendments, to read as follows: A. thru D. — No changes. Delete E., F., and H. and reletter subsequent items, as follows: G. Application Requirements: 1. thru 14. — No change. Delete 15. Amend Sec. 23-2-290. Termination of use, to read as follows: A. thru 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, to read as follows: A. and B. — No change. Delete C. Amend Sec. 23-2-330. Duties of Department of Planning Services, to read as follows: A. thru B.6. — No change. Delete B.7. thru 9. Amend Sec. 23-3-20. Uses allowed by right outside of subdivisions and historic townsites, to read as follows: 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. — No change. 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. thru J. — No change. K. One (1) SINGLE-FAMILY DWELLING, FOSTER CARE HOME, or GROUP HOME per LEGAL LOT. L. thru N. — No change. Delete O thru CC. Amend Sec. 23-3-30. Accessory uses outside of subdivisions and historic townsites, to read as follows: The following BUILDINGS, STRUCTURES and USES shall be allowed in the A (Agricultural) Zone District on LOTS outside of SUBDIVISIONS and HISTORIC TOWNSITES so long as they are clearly incidental and ACCESSORY to an allowed USE. A. thru D. — No change. Add OUTDOOR STORAGE to read as follows and reletter subsequent items: 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. — No change. G. Up to two (2) SEMI -TRAILERS used as ACCESSORY storage per LEGAL LOT. H. and I. — No change. Delete remainder of Section. Amend Sec. 23-3-35. - Uses allowed by permit outside of subdivisions and historic townsites, to read as follows: No USE listed in this Section shall commence construction or operation in the A (Agricultural) Zone District on LOTS outside of SUBDIVISIONS and HISTORIC TOWNSITES without prior approval of a land use permit from the Department of Planning Services or Department of Public Health and Environment, as applicable. A. thru C. — No change. Add AUXILIARY QUARTERS to read as follows and reletter subsequent items. 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. thru X. — No change. Delete SMALL SCALE SOLAR FACILITIES. Remainder of Section — No change. Amend Sec. 23-3-40. Uses by special review outside of subdivisions and historic townsites, to read as follows: 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. — No change. Delete B and reletter subsequent items, as follows: B. thru E. — No change. Delete G and reletter subsequent items, as follows: F. thru K. — No change. L. HOME BUSINESSES. M. thru EE. — No change. FF. More than the number of SEMI -TRAILERS as ACCESSORY storage allowed by right or by permit. Add SMALL SCALE SOLAR FACILITIES to read as follows and reletter subsequent items: GG. SMALL SCALE SOLAR FACILITIES, subject to the additional requirements of Section 23-4-1030. Sec. 23-3-45. Uses allowed by right in subdivisions and historic townsites, to read as follows: 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. thru H. — No change. I. One (1) SINGLE-FAMILY DWELLING, FOSTER CARE HOME, or GROUP HOME per LEGAL LOT. Remainder of Section — No change. Amend Sec. 23-3-50. - Accessory uses in subdivisions and townsites, to read as follows: 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. thru D. — No change. Add OUTDOOR STORAGE to read as follows and reletter subsequent items: E. OUTDOOR STORAGE of materials accessory to an allowed USE, as long as the materials are SCREENED from ADJACENT LOTS and RIGHTS -OF -WAY. Amend Sec. 23-3-55. Uses allowed by permit in subdivisions and historic townsites, to read as follows: 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. Add AUXILIARY QUARTERS to read as follows and reletter subsequent items: 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. thru P. — No change. 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 SMALL SCALE SOLAR FACILITIES. Remainder of Section — No change. Amend Sec. 23-3-60. Uses by special review in subdivisions, to read as follows: The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained on LOTS in SUBDIVISIONS in the A (Agricultural) Zone District upon approval of a Special Review Permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. A. thru Q. — No change. Add MEDIUM SCALE SOLAR FACILITIES to read as follows and reletter subsequent items: R. MEDIUM SCALE SOLAR FACILITIES, subject to the additional requirements of Section 23-4-1030. S. thru Y. — No change. Z. More than the number of SEMI -TRAILERS as ACCESSORY storage allowed by right or by permit. Add SMALL SCALE SOLAR FACILITIES to read as follows and reletter subsequent items: AA.SMALL SCALE SOLAR FACILITIES, subject to the additional requirements of Section 23-4-1030. Amend Sec. 23-3-65. Uses by special review in historic townsites, to read as follows: The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained on LOTS in HISTORIC TOWNSITES in the A (Agricultural) Zone District upon approval of a Special Review Permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. A. thru M. — No change. Delete N and reletter subsequent items, as follows: N. thru Z. — No change. Add MEDIUM SCALE SOLAR FACILITIES to read as follows: AA. MEDIUM SCALE SOLAR FACILITIES, subject to the additional requirements of Section 23-4-1030. BB. thru JJ. — No change. KK. More than the number of SEMI -TRAILERS as ACCESSORY storage allowed by right or by permit. Add SMALL SCALE SOLAR FACILITIES to read as follows and reletter subsequent items: LL. SMALL SCALE SOLAR FACILITIES, subject to the additional requirements of Section 23-4-1030. Amend Sec. 23-3-110. R-1 (Low -Density Residential) Zone District, to read as follows: A. — No change. B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall beused, 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. Remainder of Section — No change. Amend Sec. 23-3-130. R-3 (Medium -Density Residential) Zone District, to read as follows: A. thru C.6. — No change. 7. MULTIFAMILY DWELLINGS with up to six (6) DWELLING UNITS per STRUCTURE. Remainder of Section — No change. Amend Sec. 23-3-140. R-4 (High -Density Residential) Zone District, to read as follows: A. -- No change. 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. thru 9. — No change. 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. thru 6. — No change. 7. MULTIFAMILY DWELLINGS. Remainder of Section — No change. Amend Sec. 23-3-150. R-5 (Manufactured Home Residential) Zone District, to read as follows: A. No change. 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. Remainder of Section — No change. Amend Sec. 23-3-160. Bulk requirements, to read as follows: 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 — No change. J. Minimum OFFSETS and SETBACKS for EXISTING MANUFACTURED HOME PARKS. 1. — No change. Delete 2. Remainder of Section — No change. Amend Sec. 23-3-210. C-1 (Neighborhood Commercial) Zone District, to read as follows: A. — No change. 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. B.1. thru D.2. — No change. D.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. D.4. and D.5. — No change. E. Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or operation in the C-1 Zone District without prior approval of a land use permit from the Department of Planning Services. 1. One (1) MANUFACTURED HOME per LEGAL LOT, when used as living quarters for caretaker or security personnel responsible for maintaining or guarding the property, permitted under Division 3 of Article IV of this Chapter. E.2. thru F.12. — No change. Delete G and H. Amend Sec. 23-3-220. C-2 (General Commercial) Zone District, to read as follows: A. — No change. 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. B.1. thru D.2. — No change. D.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. D.4. and D.5. — No change. E. Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or operation in the C-2 Zone District without prior approval of a land use permit from the Department of Planning Services. 1. One (1) MANUFACTURED HOME per LEGAL LOT, when used as living quarters for caretaker or security personnel responsible for maintaining or guarding the property, permitted under Division 3 of Article IV of this Chapter. E.2. thru F.9. — No change. Delete G and H. Amend Sec. 23-3-230. C-3 (Regional Commercial) Zone District, to read as follows: A. — No change. 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. B.1. thru C.36. — No change. D. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in the C-3 Zone District so long as they are clearly incidental and ACCESSORY to an allowed USE and included on an approved and recorded Site Plan. Any USE conducted outside of an ENCLOSED BUILDING shall be SCREENED from adjacent PUBLIC RIGHTS -OF -WAY and ADJACENT LOTS in any Zone District other 1-3. 1. 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. D.3. and D.4. — No change. E. Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or operation in the C-3 Zone District without prior approval of a land use permit from the Department of Planning Services. 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. thru 7. — No change. 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. Add 2. and renumber subsequent items, as follows: 2. Asphalt or concrete batch plants. Delete G and H. Amend Sec. 23-3-240. C-4 (Highway Commercial) Zone District, to read as follows: A. — No change. 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. B.1. thru D.6. — No change. E. Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or operation in the C-4 Zone District without prior approval of a land use permit from the Department of Planning Services. 1. and 2. — No change. 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. C A +4,... . C a AI.. M.. r..... L.T. Lill U I .v. - l W Vl IOU IyG Delete G and H. Amend Sec. 23-3-250. Bulk standards, to read as follows: 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. Remainder of Section — No change. Division 4 - Industrial Zone Districts Amend Sec. 23-3-310. I-1 (Light Industrial) Zone District, to read as follows: A. — No change. 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. thru 6. — No change. 7. TEMPORARY borrow pits used exclusively for the completion of a PUBLIC STREET/ROAD improvement project. 8. — No change. C. Uses allowed subject to Site Plan Review. The following USES shall be allowed in the I-1 Zone District following approval and recording of a Site Plan in accordance with Article II, Division 3, of this Chapter. Any USE conducted outside of an ENCLOSED BUILDING shall be SCREENED from adjacent PUBLIC RIGHTS -OF -WAY and ADJACENT LOTS in any Zone District other 1-3. 1. and 2. — No change. Add 3. and renumber subsequent items, as follows: 3. Asphalt or concrete batch plants. 4. thru 27. — No change. 28. SMALL SCALE SOLAR FACILITY, subject to the additional requirements of Section 23-4-1030. D. — No change. E. Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or operation in the I-1 Zone District without prior approval of a land use permit from the Department of Planning Services. 1. One (1) MANUFACTURED HOME per LEGAL LOT, when used as living quarters for caretaker or security personnel responsible for maintaining or guarding the property, permitted under Division 3 of Article IV of this Chapter. 2. thru 7. — No change. 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. thru 5. — No change. 6. MEDIUM SCALE SOLAR FACILITIES, subject to the additional requirements of Section 23-4-1030. 7. thru 12. — No change. Delete G. Amend Sec. 23-3-320. 1-2 (Medium Industrial) Zone District, to read as follows: A. — No change. 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. thru 6. — No change. 7. TEMPORARY borrow pits used exclusively for the completion of a PUBLIC STREET/ROAD improvement project. 8. — No change. C. Uses allowed subject to Site Plan Review. The following USES shall be allowed in the 1-2 Zone District following approval and recording of a Site Plan in accordance with Article II, Division 3, of this Chapter. Any USE conducted outside of an ENCLOSED BUILDING shall be SCREENED from adjacent PUBLIC RIGHTS -OF -WAY and ADJACENT LOTS in any Zone District other 1-3. 1. and 2. — No change. Add 3. and renumber subsequent items, as follows: 3. Asphalt or concrete batch plants. D. — No change. E. Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or operation in the I-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. thru 7. — No change. 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. Delete Asphalt or concrete batch plants and renumber subsequent items: 1. thru 7. — No change. Add MEDIUM SCALE SOLAR FACILITIES to read as follows and renumber subsequent items: 8. MEDIUM SCALE SOLAR FACILITIES, subject to the additional requirements of Section 23-4-1030. Delete G. Amend Sec. 23-3-330. 1-3 (Heavy Industrial) Zone District, to read as follows: A. — No change. 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 discretlwn of the Planning Cervices Lip t.^. two (0) times arid thereafter by the Board of County Commissioners. 2. thru 5. — No change. 6. TEMPORARY borrow pits used exclusively for the completion of a PUBLIC STREET/ROAD improvement project. 7. and 8. — No change. C. Uses allowed subject to Site Plan Review. The following USES shall be allowed in the 1-3 Zone District following approval and recording of a Site Plan in accordance with Article II, Division 3, of this Chapter. 1, thru 34. — No change. 35. SMALL SCALE SOLAR FACILITY, subject to the additional requirements of Section 23-4-1030. 36. thru 38. — No change. D. — No change. E. Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or operation in the 1-3 Zone District without prior approval of a land use permit from the Department of Planning Services. 1. 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. thru 7. — No change. F. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained in the 1-3 Zone District upon approval of a permit in accordance with the requirements of Article II, Division 4 of this Chapter. 1. thru 6. — No change. Add MEDIUM SCALE SOLAR FACILITIES to read as follows and renumber subsequent items: 7. MEDIUM SCALE SOLAR FACILITIES, subject to the additional requirements of Section 23-4-1030. Delete G. Amend Sec. 23-3-340. Bulk standards, to read as follows: 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. thru D. — No change. Delete Sec. 23-3-350. Delete Sec. 23-3-360. Division 5 - E (Estate) Zone District Amend Sec. 23-3-410. Uses allowed by right, to read as follows: 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. thru E. — No change. F. One (1) SINGLE-FAMILY DWELLING, FOSTER CARE HOME, or GROUP HOME FACILITY per LEGAL LOT. G. — No change. Delete H thru K. Amend Sec. 23-3-420. Accessory uses, to read as follows: 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. thru F. — No change. Delete G. Amend Sec. 23-3-425. - Uses allowed by permit, to read as follows: 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. Add AUXILIARY QUARTERS to read as follows and reletter subsequent items: 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. Amend Sec. 23-3-430. Uses by special review, to read as follows: 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. thru H. — No change. Delete remainder of Section. Division 6 - PUD (Planned Unit Development) District Amend Sec. 23-3-500. PUDs subject to Chapter 27 of this Code, to read as follows: 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 Amend Sec. 23-4-220. Manufactured homes in C or I Zone District, to read as follows: 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: Remainder of Section — No change. Amend Sec. 23-4-230. Delegation of authority, to read as follows: The Board of County Commissioners delegates the authority to issue a Zoning Permit for a MANUFACTURED HOME, MANUFACTURED STRUCTURE, or occupied RECREATIONAL VEHICLE which otherwise requires the approval of the Board of County Commissioners through a public hearing process to the Department of Planning Services upon a determination by the Department that: A. thru C. — No change. D. If the Department of Planning Services does receive signed notification that thirty percent (30%) or more of surrounding property owners within five hundred (500) feet of the subject property are in opposition to the permit, the Board of County Commissioners shall review the application for compliance with the criteria set out in this Division at a regularly scheduled meeting of the Board: 1. thru 5. — No change. 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. Amend Sec. 23-4-370. Outdoor shooting ranges, to read as follows: A. thru E.3. — No change. Delete E.4. and E.5. Amend Sec. 23-4-460. Zoning Permit for Wind Generator permit application requirements, to read as follows: An application for a Zoning Permit for a WIND GENERATOR shall include the following: A. thru L. — No change. Delete M. Division 8 - Second Single -Family Dwelling in the A (Agricultural) Zone District Amend Sec. 23-4-600. Requirements for a second single-family dwelling, to read as follows: Where a second SINGLE-FAMILY DWELLING is permitted in Article Ili of this Chapter, the following criteria shall be met prior to issuance of a building permit for said dwelling: Remainder of Section — No change. Delete Sec. 23-4-610. Delete Sec. 23-4-620. Delete Sec. 23-4-630. Amend Sec. 23-4-910. Semi -trailer as accessory storage permit requirements, to read as follows: An application for a Zoning Permit for a SEMI -TRAILER as ACCESSORY storage shall include the following: A. thru K. — No change. Delete L. Amend Sec. 23-4-930. Delegation of authority, to read as follows: A. and B. — No change. C. If the Department of Planning Services does receive signed notification that thirty percent (30%) or more of surrounding property owners within five hundred (500) feet of the subject property are in opposition to the permitting of a SEMI -TRAILER as ACCESSORY storage, the Board of County Commissioners shall review the application for compliance with the criteria set out in this Division at a regularly scheduled meeting of the Board: 1. thru 5. — No change. 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 11 — Semi -Trailers as Accessory Storage Amend Sec. 23-4-900. Intent and applicability, to read as follows: 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 change. 2. The SEMI -TRAILER will not be used on any basis for anything other than storage of goods. 3. thru 6. — No change. 7. The SEMI -TRAILER shall not in any manner be used to display SIGNS. Remainder of Section — No change. Division 12 - Parking of Commercial Vehicles Amend Sec. 23-4-950. Intent and applicability, to read as follows: A. - No change. Delete B. Amend Sec. 23-4-980. Delegation of authority, to read as follows: A. and B. — No change. C. If the Department of Planning Services does receive signed notification that thirty percent (30%) or more of surrounding property owners within five hundred (500) feet of the subject property are in opposition to the permitting of a COMMERCIAL VEHICLE, then the Board of County Commissioners shall review the application for compliance with the criteria set out in this Division at a regularly scheduled meeting of the Board: 1. thru 5. — No change. 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, to read as follows: A. — No change. B. Application requirements. An application for any zoning permit for a HOME OCCUPATION required by this Division shall include the following: 1. thru 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: Remainder of B. — No change. C. Duties of Department of Planning Services and Board of County Commissioners for a CLASS II HOME OCCUPATION zoning permit. 1. thru 5. — No change. Delete 6 and 7. Remainder of Section — No change. Division 16 - Cargo containers Amend Sec. 23-4-1100. Cargo containers used for storage, an office, a dwelling or any habitable use, to read as follows: 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: 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. and C. — No change. 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 Amend Sec. 23-4-1200. Uses requiring zoning permits in the agricultural zone district, to read as follows: 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. — No change. 2. The application complies or will comply with the conditions in Section 23-4-1240 below. 3. thru 10. — No change. B. — No change. C. If approved, the Zoning Permit Plan shall be recorded by the Department of Planning Services prior to commencement of the USE or construction. The applicant shall pay the recording fee. If the required documents have not been recorded within ninety (90) days from the date of approval or if an applicant is unwilling or unable to meet any of the conditions within ninety (90) days of approval, the Director of Planning Services may refer the application to the Board of County Commissioners, which may revoke the zoning permit following a public hearing. The applicant shall be notified of the public hearing at least ten (10) days prior to the hearing. Prior to said hearing, the Director of Planning Services may grant a one-time extension of up to ninety (90) days, for good cause shown, upon a written request by the applicant. Before this extension has expired, the applicant may seek a further extension from the Board of County Commissioners by written request to the Director of Planning. If the Board of County Commissioners denies the extension or if the conditions are not met and the required documents recorded by the date specified by the Board, the zoning permit approval shall be voided, and the application denied. Amend Sec. 23-4-1210. Operation standards, to read as follows: The applicant shall demonstrate conformance with the following operation standards in the zoning permit application to the extent that the standards affect location, layout and design of the USE prior to construction and operation. Once operational, the operation of the USE permitted shall conform to these standards. A. thru F. — No change. Delete G. and H. Add G. to read as follows: G. Up to nine (9) COMMERCIAL VEHICLES associated with the zoning permit USE shall be allowed to be parked on -site. Amend Sec. 23-4-1220. Application requirements, to read as follows: The following shall be submitted as a part of a zoning permit application: A. and B. — No change. C. A Zoning Permit Plan of the property, a draft of which shall be submitted in electronic (.pdf) format and if approved shall be submitted on Mylar or other drafting media approved by the Department of Planning Services. The Zoning Permit Plan shall include, as applicable: 1. 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. thru 7. — No change. D. thru J. — No change. Add K. and L. to read as follows: 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. Amend Sec. 23-4-1240. Conditions, enforcement, and revocation of zoning permit, to read as follows: A. thru D. — No change. 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. Remainder of Section — No change. Amend Sec. 23-6-20. Appeals of administrative decisions, to read as follows: 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. and B. — No change. 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 Appendix 23-C, 23-D and 23-E. BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is, directed to arrange for Municode to supplement the Weld County Code with the amendments contained herein, to coincide with chapters, articles, divisions, sections, and subsections as they currently exist within said Code; and to resolve any inconsistencies regarding capitalization, grammar, and numbering or placement of chapters, articles, divisions, sections, and subsections in said Code. BE IT FURTHER ORDAINED by the Board, if any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The Board of County Commissioners hereby declares that it would have enacted this Ordinance in each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. Affidavit of Publication STATE OF COLORADO County of Weld, 1 Jennifer Usher SS. of said County of Weld, being duly sworn, say that I am an advertising clerk of THE GREELEY TRIBUNE, that the same is a three days weekly plus Sunday newspaper of general circulation and printed and published in the City of Greeley in said county and state; that the notice or advertisement, of which the annexed is a true copy, has been published in said daily newspaper for consecutive (days): that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice, and in the newspaper proper and not in a supplement thereof; that the first publication of said notice was contained in the Nineteenth day of June A.D. 2019 and the last publication thereof: in the issue of said newspaper bearing the date of the Nineteenth day of ..June ....A.l�,_ 20.19 has been published continuously and uninterruptedly during the period of at least six months next prior to the first issue thereof contained said notice or advertisement above referred to; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3,1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. dune i 9, dui 9 Total Charges: $451.83 19th day of June 2019 My Commission Expires 08/1312022 Notary Public VICKIE C3 GARRETTS PUBLIC STATE OF COLORADO NOTARY ID 20144031754 MY COMMISSION EXPIRES AUGUST 13, 2022 B12 TRIBUNE Wednesday, June 19, 2( NOTICE OF SECOND READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, D•- inance Number 2010-22 wad introduced On rust reading c:, April 29, 2013, anti a blic heanng and second r adlrg war. held on J ore 10, 2119, with charge:; being made as I.sted bolo._ A puh:tc 'metre and Ihi*ilrruread"g :s sdax}uL3d to no nod in Ina C:lama.,rs ar the Bawd, la [slat .lair' Ina Wa!,0 Dourn Bulldog, I -1E3 G Slr ani. [0n1C'Cy. COIora6`v tt2'a:t 1. nr' Jul'/ 1 g 2219. All olrjan-. In trig mar II,rr Inlnrr,.-trd m Inn ro31 r'au [.Ir. nl :aid orll.nanco am ro-a upr [Ai 'r alt.ne.9 end may hC 'march Pier'Gti' conirar MD C,1re t.9 rho E`.a,11 d'o 051,00 al flora N5 rcl} a 01-h-`:; 5, ar f1Y 'r'_'70f :3-44- :277, pro fa Inn day ni the hasr, no .1, ag a rear! u` a riszhlPy, yorl app.: rgasrnsble acrcmrratIn!Iron In order to p,errlripa;e la Irani ,.Wry Info.-me.Lon previnu-,:vaubnnlll ed !o toe EOnrJ of Cool, y Cammisaim s -oar mIrr Pita ratmr may h9 =xe.-n and In lie silica Si [k: C era to Iv,v Board of LcurO Cemn lomxs. locoed wi!Ian Ilan Weld Courtly iOn1'•rlalydho+, EfirDirg_ I tftt ❑ EtreH. C-reaN}'. GOl alnda, beuwoan tlra hours 6'an 3.'d- add b:HC p Ill . Mcnnny tOr'nr rrlday, or na7 Eeo:,cesssd floors 'Fe('H Ccurly WellI'aGs(wrcarom dgoucr.,m}. E.rnul I r -..amass sent rn an ntliult'uel Carnmrxilra-nr may rot h': included in Inn cos, Ills. Ta ensure Inclutiu, a, your e-mail cerre'.pandencu into the case ND, Plan sr-nO a copy ;a ORDiNO2 w+rin5p.r )(Jig CPDI toa0E4JC. 1dlc-4: OR01inhN_ ETIl LE' h11. IE MATTER OF R: TEAL M d AdCJ RE EW.CTING. WITI,AMENDME-rtl5 {.NA PIER to HEALTH AND ANIMALS, CHAP rER 23 ZOr-Bol AND 1G-LC:TER -'0 BUtLLIM'G RECULATDNS, [IF THE WELL COUNT? CODE DATE C1F Nr7Cf FE0C:NG: July n u, 2Cn a, a1 '0-06 1101400 riF DC'L'NTY ti;0NIMISSIONER5 Y'fELU Lr2U.NTY, l.'JI rJ RADO DATED. June 1,1, 2047 PUELIE [ED: June Ii. 2210. in the Grrrlry rrbr,l, C'I'IoIhIL',ES MADE TO rj00 riF Dih1ANCE a201.-3,12 ON' SECOND RE:1CI103 Rhona Se:. 2:4.1 &Il. Implemcrlatlan p scnduroe. to read us to:laws Renee! or Prrvinus - nnv,g Ron.rr than'. 155510510 spay In 1991 Redettrlctl: g, The OR:rial Weld County lorinrl Reeal,tlon edap'an pay 2g. 1061. wen rmaaa'ed cr rwgusr 10, 1251. The C!:icial Weld Ccumy !nap In hard ccpy :e raphced robs diglld_a0 or !h'is,nap that is malnlair.ed .n lam[ coopemlion Mel Ora Weirl Cuarty AeasaaorY,, C'rEc a end (ho ti-ld Cnucty!513 oinr e The digrklsed rrap:s taalrebls ells rcnic in' lhnoagh the County webpaue and Ls pp,lntnd penivadaliy The repeal. a1 the Ditto dl Weld Cosnly Zoning Rasalutinn shall nal pre..enr rho prosecu;.on and purishmeric of any parson tar any VIOLATION co-mmillad prior Is 1,5 rap a1 and map amendment Toe repeal of Ike. Zoning Fran4lution ahnl' not 15tH or repeal any rordhion, orstaadarda nnpcned as kitr-reliian ter ap(rr11u;,1 Pi 3 1, land 1.38 deziainn ay Ire Baird of Cuar.li f.`niren int n1nur5 pnnr 1J Ilya aliapt,0 } 2181E cr ina .•_nnMG OtlinnnOn e801L'd,1 F,ri101'. rl,0 ''a5y Smand)nunl tni•rtlo. Dr CIl. roil Ime'1d S1r'. 29.1 90 {30r'' (nno, to Nod an allow;:. AIRPORT .4', Irr.,nlh Y Bht.flt YL Jn w81r : an ions 011,0 IF 551IH0.9101 %a I told.rt,,t n.rprI rr(Hng fart err nifuT611 6n. wni;dl bray 1250002 lalall 11'r: lu7 Eha1[ret a'.:only and 1,001! 0' 011101. or a place -sand r5gul0.:y 0' lecelwrr'J Or ulachattpng lyda.congtr: tr Logo tr.., air. I nr`luniL.s It.l IaA17, r'lJn 0110 20. STiAJCIZJ R' S yr 6rla;r k.1ltrrrl'r_oYlanrn rI bb-iar'y rr :Ira 6011,7,1.1A ir1 an AIRPUFF. CFMFGROL WO' An anse used tor TFrdr-C R'tFY :r:ar.emorn arw n_n,uare, of SF.S EATI1ltAL ',•tll ICi.00 nr Cr,y11'Ir:G rams opnralsd on a C[[Mt,1E1F-C'AL bean :or USE fry Ito r-rrol.s COMMERCIAL VEH:CL 0- .4n y vahirie uat-i or prey:ously easel Ct)M MEr1CIA1 LY, eacluceny those USES . Lated by non: rr .h1 0 GAir: ss rurall 2vrr. Dianne. A CCIIMERC AL VEHICLE shan Ine'uae- (LI is rg xnsle-o lo. suml-r•arlam and BEY. MAILERS, urlma trun ian.rcnatnrc:for rru.Tvnent- Cyr :rdeks' w I a'c're, Intl•ah. roe 5.ach as fa, s and nde-shame vehicles used -fa franonner pessan ye, For a Iee. A COMI/ERCIAL VE1-IISLE shall nut lye allowed to detehorela 10 Ina candirtan of a DERELICT'IEI41CLE or Os aa111ied as a storage ur.11. a+,Ives fro USE a allowed fnrauglthe aria 0111•X7. For hne ylapoaes er enfarc emrnt, N+a axly Ps`Sangrr malt''roil tiv. no ac4red in C. IR S. 111000.9 tint 12011001. wnlcrl Gau'S Ice 'Jaiie Cr everyday poreenal tres1a:rn_ and wnldh are nand GOMMLI-CIALLO Snl'1 552ut 1.11 r,n l'dod rn LoIa. rl{T-0-allnd•lg „dn+clrrc, and walk park-:nt 1r uPsI slay hi "NM -NM lit ally 2610 Char<ck *Maul rgga:'cnlent at sly pvinlls pr•Jvided they u2 spar Lod scaly by re,,deity 15muo1, DEf2ELIf;t YEFIIGI E: A van:ula :ran Is rrieceiaL:u {unablu'II move under Its own ❑amas, Is Partialy Jr, IW,aliy nn': rai9iu J1 n;k: a'I o• psnlon=l or da cagy mark 19.34im -r 15 audalarlaay dl;na1gad: 0110.Ilet itgyv doll I'P0rstmdan 'Olt Hm Sra.e, as'05urma Ny t:.NS- 0:10115:40 42.0 302(01, 42-12-X1 or 1 i t 2 oil l , Jr,drrrr 11,0 r� u+:lbar pintu i.0any'ud (a ll is -not Itnlmu'it:day elneer,1r.5 e 4e+IL In th'`An, a; required by C.14 21. Suction rl.'. ?-212 10 0 .'aaIL;ng maw, oryulp„lant to Ina extent that d wa'+Id be urrau!s or illegal to USI- or PLB- LIE,STHLEEf7900.11R IHFrn-LF-VO,Ya:rill:'srSalsenil w]uipeed wile lamps Inn o'hrr n4rLIFnont, i req.l add In G.R .'aPolro-la 42-4-201 le .12-2,275. This drf:nil on Shall nth leElurre ir'pirrentc of husnandry. [firm Ira01O'3 no vehlsles r. us:onsarllp aaarreed ei FAR htl hT orera4'n• I. RELIPCRT. Pus area deslar+ed and cad I,, true lana.no,ta'9e,ii, rnslmrr.ar,9, and i'ue2ng al Sellcopterc 'MANUFACTURED I1OM£ JE WGCE-FAMILY D'NELLlIIG the, laatra:onl' real rd building unit ar cnmbinatlona: hullsela urnIna that. — No oharge. d. Ia dh.ignld a•,d uavu lOr angle•+andy residanta' oc,uapancy .n y14,er TEN! POPAR4 e. sum ar Gal lccarmra, C. 9iru a. - Pb CAanga. 'MEDIUM SCALE SOLAR FAL10171' A fetidly for the pre do -1 a', ch alediriral ens IT..Imrn to*rgy promrrced by' 'he J:r., Includmn solar aryrrjy calla :loco, pavan, genarNie.E.iacifkl9s,'talllr le; nor along and ;'urasfamFing energy, dues a_punenard 1aplliac Ina any Iran c,lricslon hire elder one rrundrea {:hear r.'lovn La I, 15 l.i i which :a 0050 0ped for 11-.D. puraase Sr supply'n9 or ui .,'lust Ing aln'1rIPal eaargy by ua.'m, a nuY.1 rr,or or errs:n:nem Zan Is Inc -3101 on Ierr!nly I'001 anus Cr r,+8fn ihlt Ca11gralldn call nna .h�ivala real anarw n:curd rsOoriLd Gelar cys.emP IonMM?•rl urn pelmdlud PRINCIPAL 'end OCCESSORY BUILDINGS: end aonpned ro naT,05p power to we p2 -n a1pil 11.4 E{$ nn 941 1-01201101,1 ! U I' Jvl rJraa aFell tr:r h'rn L,n.,,r!r drill .+pvd!nI'7hr 0l11nn9 nr .en tiles. 111201 no drab 119:05 rarm'rn nna ae;'hrn[p WJtacee, '- niin :5 001 dl a 21adlu' :.t L' I'l_13LI211tt,HT CF-YaIY fl trim' :a' IF 4 novic..1 15105. Malay r 99a,ro.il fOr 511731.10 i na0_50 br 451frhd I?ECRia'll 1C'NAL [Erl'CLE'. .A trmispaltaurn'3ri5uU'1'uR€ nr sell-vapa'Ir 1L aWl01,,5 Wl[n 1r wkryL••n 105 011, rernovrrt+ie n miauna(lIt w 91'P ca J pdrh[ho13, *1.011 a. Our,, It. - N,. at1'a:loe. The terra RECREATi1NAi VEHICLE snail .nc;ude: motor home, cameo -bus -cold Ireus--1 nails:, taut shall not inc:ude plchup trucks with carper shells [hat do nor. astend ati,'.a Ifie rah of lire rrack. A REGREATUNAL Ong{IGLE shall nol he ';od for TEMPC'RARY S[o:ane, TErrII'CP.rif1Y FCCF_S97RV FAFd1INL, 0110 TEialf'SRARI ACCF_SS(1R4' LISti Donna a Medics! i-Eardship, iEMPLRfRf ACCESSORY {13E as an OFFICE, or as a Pr'1c:pal DWELLING UNr1: RESIDENT1Ai SIGN. Any SIGN locates' in a dl_Ir!cl .urn far reeldanlial USES chat anal sins nu crmrrmrcal rise :ago encase advznrsing ?fin gaud9 o• zeralses leaariy :110100 an Inc premises whe'c the SIGN la'.ocalad. it 01111,00 rurr:051550 al earl' •u•J0Ter cA'Yprrrl5 nulh dal rIraa'rr met -5 of 'hie Cod°. SIPALL SCALE ;ahAR FAD u TV. A Iac.112 'Pr [no roarllrrhnn of Ver•Ins:.]I 40.1:00 'Ran 1101145 lerlL;ux'J Ian' 'nn nun IneluclIi solar ur'a p1 talAneldr0, Ixwn1' a}ErrMal.Cn fGG11'.h' 1102 It'd :rr aia'Ir1 nan 14.9 I',lnlh"1191101.y, 411'10! TOP., braid tatI,,IIr:5 and any Iricy rrriy,.Gr1 Few of.21. oc a hen n0,3 Id10o', nllonlll11116 (V1, W n t11 ✓. daat[4na`:l fin, tlra in.Sp.l9n of 5L•pply.ng or dI ridaling Or-e- Ir•:al.alar]]y F9 ut'a:n, a 4J,lgner ar L'3@19,1.0,5 a-nd sdl du laeote0 on lees rrr.an 1'rnniy 4861 Pam., This ileeigrl5Hnn rb.all nal mantle oral ar;g;ur j11 .10 maun[e,T Caylnr aynlesr: in'n1.4S pan 0ermllt;ci PHA iIPF,L ,i'd a.CUtS56Av RNLtISIatS a,n Jrc.card to suporry porrG rn lh0yr,r,eipiin'21.5j 5'le Amend gee. 22-2-i0- Dulles qr ;alai ning Cy'nm.ss,r,'rr, to roan .m1511500. A- The Planning Commiso In yhal mold a haring ea cnnsidar;he applicaden Ice 1he Change of Lane, The public nearing may 'evolve ei9lar The reinnin$p enpdm cniC,, alone or a ItOl'rGu the eryiawof cnnoJnant applications under lhr-Ceenty5 rapuLationi carcemlrg US9s by .SGIG:,il IFevICw, OVERLAY 74N1N0 UISTRI.11.TS r 311RB:VISIONIS_ The Planning Comrelsaien shall provide recommenda- liang',9 lhn Ewa of Cv.rnty Cpmmisetarwm t4VItarnu,q the disposl'o r of the pwaiea ehenge. The Plann'ury Car -re's -E'en shall 'dew -wren° apf4•aara of ma 19111.101 -101 1111 Crarrg? Sic Soria non If It Oscar 1 n e1 ma applicant 5a* ma Lh9 rrandenL ar car.diiians c1 [rue Subs0,. 011 A and Section 23- 7-01'. T ne up: ioant hn* 10,1 bumee of peril to ',AO. mat lire ll andards and crndwnca El this S '.bedlen A and decfiwr, 2J -2-5U Ira rural 1 u9 ap 0 aanl shall demorshetir Farrnir.dera: St"tion-No Amend Sa.: 20-2-4C. Dales CI Coma 71 County iommi1115210 .:o lead as fodrw:: ▪ 111,1' r!. - N., r_ii'ror`,e- lisiEts E. and F, ne,b:.11 $m.. P:'.-i-5n. App110111.90 I ar ulia ldrt'. for Crier:}n n! loCa in rota as 4 lhru U a- - N6 change. Oe!yto 5. Ramat near et See rian - N o cnnn-De. U i y,91nn 2 r S[ffi I'I:C1 F0Y,see Amend 4Lr.. 49.3-:aa. rnlant and app loan'u•ty 10lead as follows. A. nod E. - Nn Gh+l'nne- C. No 1or,n,.OU'I,IT bID ar STRUCTURE aria+Ian.'ced, charged In alSE ar type of accanan,f,. IEVELAFE9. aredse. u]rslruded, resonsl ltl,aed, moved 0 :. ruclu al.y altered aL 9pnraleir in any sane distnc i Inet legu, rue. a 'Ito Pion Rav'ow until r din Plan Iless aw . as heo" applo,eri aria a S'ta 1413, Paainln rryp '0-0,01ed ail tire De0arnn,unt Lid Planning $eavlces. D. 1I a c90rg0. E IIn Silo Plar, ilcv.no ana1l ha :aOr es:L In - I ale] 2.-N6ehoala 3 S'Si 15, ryr'Olrg, ( IL An{ lh GrLS' npf([. J Rf5 irr 1FAl.P4'RARY S: Rl1CTUREE euoh ea, hot no: tim'ded ns, .hose used lOr Ilse sole ci 1'rfweras or Chrlr9maslrerns. Ramslnlar a1 Tact,,', - No aharl g. Amend Sr, 23.2 IEa. plan eveinto. to rase so f011,0.s: Any parncn wa"tif.g to ;navy h]r 9.9.1a Pon F1.YNw 10111 arrange tar 3 preapp.iesd.on conier,nce wish the Deparlme:rk al Friar Sardines- The, plDtW a oT l' S 0095l.: 0!111ni Is to Sglva inn 25111lcunr an csoanl.niIIyy 14 damanstrata. throogt1 vrr'ticn and gmlullic'nlgt- 'nation , 1,000 11,1 proposal nom lion writ 1M 91andaine of:n,t Chapter. The lnlfow.n5 suppnrl;no docurrnnfs erm'1 t" eurmlled as a part 111 the apple..0lIr i. A the L-+na s -arson, M. S:alemFnl7 [i'n•1Binn I hal tar L,SFII SGnFE mgrhninlem5 .dull haloW into) 0i,an M01 1. 2nd?. -Nu change. 01lete 3 andand mnumnar. as [trays: 9. Thr eppnr-an9 hhelr ea;hr. i1 ra!he Ueparrerr:I of E' liming Devour:c's a rnaundn Lncu PI'an Iu• tnP mapo0 11 LRYJLSGAPE an lPa s:1s. la. 1hn 11. -Nn dlsage. T A91aldnnn}[txr,ionnl dualLIra frail,roll.:don arias or indl lresoat I0050-d. CD:Junad 111W coed In-.rrlar:',0 that ahaa ba SCHEENC[J 1.05, PUBLIC RIGHTS -10 -'015.1' and REF 547,EM pnoparlles Thorn arena 'hrdl be nualgrela a:ltl trod lrl n manrber tat, ,Gal pravnnt':1lri-' anim l -scan Adtash- U,Aslatorncntnxpininingthat the LJSFFS Lumgcefiele with the Lsting la:future CEVELOPMENT of the Surra.Jndinagareas s Carr- .w.'r.,'r.,, ."....�. ,.. ,111,,,+,..,", e.,,.,,� n,c•nna c..m 1' a,.1...........a,,.r ,...1r,�rrmrr.rr.,r.,.r r_... GG- SMALL SCALE SOLPP f aOCli!TI E.4 T l3n1t: to the eau itienai requirements of Sec:lion ion 23-1-13.30. S ac. 23-° a5. Uses allowed iv r.ghl in euhdisinions and hstoric lownailea In mad an tonarY': Ifs BUILDING, STRUCTURE or lend 5lrall hu u:C-J, sad na BUILDING or STRECTLItrE all heraadea In, Greeted. a:rupl,traily ally e n'aiynd a' rnai,italn[d Ir the A IAg'icallvin4 n,ne IDistr.cl In $tIRlIVISlOh,S or H;STORIC TO',4NSITE5 Gams: fv one ll] or r PO. a, LEa for!ewind USES A. 1591 k. - Nd GI'•'unge. I. Cri- (1} S.INCLL--fatOlLY Dwr_LLINe3, FOSTER CARF HOME. rr SP l(1' 1IO, lE Pe• LEGAL LOT. Pa„a,r,de, at Sennan - No chaegr. and $190 ?3-5„0, - Accessory ;lam1:, r: ubdinarana son lsc,nsr;vs, as r'.0. a; rcrow0. Tna fouo.ving RUILOJNGE. STRUCTURE= and USES shall be alhrved 1.1 l'r,q A I.1mrII c;::a0.1; &'re 1UISr•Ic' on L01S in SVED o-'ISI: 00.71H1 S T GR,14 T00101 121000 Fa F3n:'�' :hry !t•:' ul,'ir n ore Ile1i'tai 3Vn nOCb'S'DFlY :s all W'•weu 1J SE h.e i 1, Tl a womb:r la IOOFC g$ FLOUR AREA cal FIN .b00BSSQRY FCUIL1]INDSC51'serylr2r'd the=.2w.]ust L5, Ilk' en LO13 or 9e55 for 110; ,17aa.n SUB1PaISIONS and In.I5TcoIC ,C4'JNSIT-c5 shill r,;,l exs.ced roar (r1 pasern s; U'y [u:Lr rIL n•aa r'rcepl 1n 1tia{'^'ra; IJrpaniae1 Amax, [o ban a 1.11 0UAnro fa HVA dove Upu.a'nr n1 a1H.I'dZ, 4Gwer'lu. n' nt •'.-ti'+'--".v' s'Ler' ;n nCC[F>r.{1FY rnW LC19','S opera ro the GRUv� Fe fk)ai ,0REal pr !nr Irlirwlpa, LIOIELs1 NNIS ('•FIT do me COT _-co-,; by OARIuNCE Any .ICi-ESS•akr OTIOI3,urJNE m110L CLY1Glr I,urmlrei of epplica[on of ruts Saannn may o9 rCS9'rel. rartlatpj E• il:h!rrio In total 1. ihre Il, No mange Aua OUTp0OR 3 FORAGE In'012 as 'gloves and wader suaaseuu.l[ dais: E. CdJTCCJDR STORAGE 01 I rralu:ial:'2l:u:s. L" y 11' 1:1 tdwwuJ US -E, 'a;-1'Jr'g =e 1r,e'. rahpna s .'e 3tRtErJ{S r'mr„ ADJACENT rod RICHTSAF-('PAT Amend Sec. 23-3-05. (loans air-0,wnl by perr.it. hr 0a520111lons lurid nt54u�k Inonzres, W rued es In laI I Na USE fisted 'n lone Scutari alma I oonvnrn•;e ,uns[r.acl✓Jn or apma!Idr m ma A ibporyiLu-a1} ZnnF Z`,kt,icl .'n LOTS In SUBDI- VrSLUHS and H:5TCR C TIJWNSITES Wah cut nrlc, acl:lr64n' nr n end u:k+ pn•,n I h 501 tea Dena rlrrnr I L1 r:anr.li'3 Se Ylca' 1, Ceparrraani of P ab1in Iia9H., woo Eh 4lrom'rnerr!, [to .r,L.'inelsie A. AC,RI :Al!; Fv:E`JT. aminoscar mcuiate'd E'IENT F^Cl'_111E8, 4r_41:1110,111bin. and HUNTI::14 L{it7GES c•.-,'rrr li node! D,vielrn 17 r.tll�la N o4 rho C lnp.•Er- { out All-kl LIhF?Y {NLARTER$'o n=od ac hello«a and raleHcr _,ubaequcri .lams O. Allvl IARY 05ATTTCR3, 'rhlch nla,1 req'_Ire accurst of a czr'rlias :a a '-cr-r:, Ian , by t'r tan -parr' t e• PI ul n'nd S0 v,rra • re ma USE torri:lee with'he der nnisul in Seder 23- I -ea of inn a Cade C. ,hm 5 - N0 chang.7e. Q . n n (I) S02.11 r7+[{LR used as ACCED.E.C!NY s'nrate per LEGAL LOT _nhdk•rJ ur liar Ll',a.Sdr 11 DI 151112,1 IV kJ' R5!' ClI1a:11 F. SHOOTIlyG RA'JGE9{1a died under Dlvislen 17 of Ankle IV of (Fie U e•a!f SM5LL SGF,LE SCJLAn 115101 IT,ES RerrOrder or Seatiah - Nc cnanye brneno Sea. 23 -v -se. U1:'e by 50ec'a! n1"l._w In!VLA,YI0 4rv, In niod ,na t7I1q?•5 ThZ 151/0503 OL'ILUIna[`-t, S7FLitu I IR�. eon] JOSS snob bu ti,r, ttrucl,zr, And ma firsIrP.a an TATS •n O 15151ONS,r tn., a, lAgraul:c'ai Earns [1 aIrn:t ui Iry :ahprr,-,•al ar"SGO+-;'I F'.. v,r:y, F#nnl; In r'Caairlarvie wdh tns 'tortronn+n:s sn prodedural sot Corih ,n 5111all 11, OILGinn l or m,5 Chant. . A. tl,ruO ,,hange in Ala NEL 11101 SCALE S;JUbA FkCa.lPIES la mad an is 'uas zra shaltnr s„c,=arta-nn sans R- libel[r41 .`,'{YALE CO P,d FAG11 TIE$, subject 1n 1hz a rd't.rmar myn'r an.e"lu o' `relic' 2:5•a-1'01-511 5. Lhru Y - r:v charge. Z Mann nuns a:e mimeo! or SEhni-TRAILERS as ACC ESSCR'i .1:erage Olirwen oy r"1++t a, Er' rerr'1I add G:AfLLL $LACE $OLhR FA['.LITIES id mad es 'allanai and otetter slbs.�r]n eel .11001 AA. `'MAI L SCALE 5Qt FAR F.4CIL:TrEs, sun'!'-cl :o [he evaiiiopal rnaairemerla al Saciibn 22.0.,070 010252 Sec- 23-3- 55. Use* by spedai rT-Yie,"''n h4s[odl. nnsnho err, to reed en inriaws. The rrlilrtdn7 EUILCINGS. STRUC URES efid USES In'Jy irr eor4DLp.c0. in:',Fdy>J, [Tern: arn i end a'ntnne0 a+LOTSS in 1112 Toivrecl0F5 in i5n A $Agra-urraq [one UaIrInl. u,or app'n411 nl d 1140s?l,v' R. rlr:iv 5.101,1 le annom:Inca r.1I, In'a le6,4an,en' o crook -dunes :et 441 h Ir. Aniela IL. D.rlaien _ er th'3 a hal,Iyr. A. lh r If - No change. Gerele h1 .n[510.'111101 suL,^g0cnl I kma. '2s '0110yn" N. Ihru Z. - No ch-r Add 1,IE1ILI}A SCALP SOLAR F nilii,IT'ES Lc reed ur I n Cy?s, 0.7.- &SEGILM S'.--eELL s0 LAIR FACILITIES, s,b(ec1 :r I've a?1tll:n".al rsrnr-n•s-r[- al E C•Jn 'yr-':.11020 BE. kl:ru.1.1.-Nocharpa Lklti_ Mar. lhon Lan' sou. bar or 3EM1-TOpJLERE as ACCESSORY atonly.' sion,d by rig h1 dr by parnut. Ado 551.1ALL F.; 1LE $013,11 RA9diT1ES It, and as ldbrr0 ar.o 1,ls[Ler rubsaguant 11110: LI.. SMA. L SGr.I.E SCLHR FAGILITFF, sud.0O1 to the edd.Gonsl Slit remnone_ •at Section 22.-J 1933. Arnanh Site -?;i.3 -11h. R.1 fl-qn'-['Gushy Rr 1or+'lial( jona Ll.s IrrL 1. rend as SVlcrm. A - Iva orange, B. uszv Ailowaa by Etym.. No SUILC'NG. STRUC RJAE an land ohm! 101med, iar7 nn BU1LGi3•r ar SltUCI L+AC shall rso eagn" h mcrs'd, sdrocln'a1'y altered, enlamed or malnlelnnd in the H•; Zone, C;snr exccpf 111 a; ne 11I CIr rt,w'. nl ail f: Irrl,n,Y1nS I15CS Gwm.. ndn•n f Sccuun-Np change, r,murd Set.. 23-3-132. R-3 f.Maulum-0100.1/1100r1 "_nitill Zone D,a:na'. tom:r ea inlr-1,"c: A Ulm G.B. -1:n Li,arga- 7, lAU LTIFAMILY DWELLING'S w'ru, up W w, ;61 DWELL:N'G LI NDS pa- STRLI[rr LIRE barnsmaa- '!f Ea:li.ar - Sn cMango A1r'on0 6t'r=_ 735-1x10. 11,1 p-ilyl 'tarn sly lied n!er't'n1 went O'a-61, lh rr,lu - 5n r•mn2m. B. Uac1 kllawal by R'yhl, No JUILCIL'S. Si1UG'TU'7E ❑r tuna 91.1 'r5 -ale -.,:;rid nn 'dtnl.liilu i nr 0: a1J: I ulE ahau t.eaepHn 3reclud_ E'rruamslly shared. eel01411.9 a' Ira n111n^.d v1 the R•9 Corn ( strict r,i ar'rro•e lrf .n,; lalral rag L !SG5 1 Lh5l?_- hbC,arpu. C. Uses allmraed subllel la Ste Finn Review. Pio'aPa,4ing USES %h;11I be 2100,9.1 in 14'.2 P.4 Zcnra salvo{ 10112, erg noprovyr nn! rernarlfng of a Site Plan In r'courdsn:.e with Arti,ale 11 Ciylslan 3, of this Onaptat 1 thru 6.- Ye 0-10115g1. :. t11{ILTIFANIII2c ROE., L1SI511. Renrhr..9rr o! Section - No ehsng*, - menu S,se P9•H.15fl, ELS IJ+Ianu sell Iran Hor'ta Resi051101 Zane 2i;Ir:_L in read do A -Sri mange. B- Uson AI!owed by N:ghl No HUIL GINa' land =_!'a11 he J'<e4,.rld rr. R'JILL...NG or SrHUCTirNc ;brill be 1,•,m¢fi al ncied 121+ud a�lh'sllnmai,151019050nin.'ne.tin[-a 1,, khu ll-5 ',_+,.J 11.,v1rl :x.,npl:n' nab 11+0.1 larva. nl th:-nnll:,w.nq La5co R•rnr mfu a' lahline1 - rtd 005r.0.!. .lrnnnd -3•. t. 22•^,101;;. B,l•c rt'0u"azNnia, la r.-rad as Hr Tab* 232 232 rrel4,v has. tau err•' Rea' Icanoenls for lt'rr B- I F4.2. 17-u saa f:',E i, n 1 9.00 f 111en1!'l.55, .' NLdldaIEI S, 1.1012 and -rind In Ire Rtmden1.al Zoom [ HL-Inl Or, 35a,a'1 :t-2 n llr.5usumenm5':vrl[aaA'?r] In IJAr S'-;n.af. 'Lab.22.2 -Na change. L. deinln•am oaFnT5 rind SETF.IGKS to EXIS IING MANUFA'17JREV ClN?IIC'M 0 F'r'H45'- 1, - i e C'idll{1n Io- 7 F:anlninr.ff Pi ,^15O1.61 - Na Change pmsnd S.c, 02-3-219. r,_1 Irael.Jhhrenvnd Cummnr, a'I Sops 0-aLr ra, m 10,2 as In'ron- A. - eao ehango C. Use9 AITnwfd ay ;ii?]hl. N G SJUIL[i:r•1(a, Sl HtI GTIJRE nr lyld 011r,1r be o1[.° nod no EALING cr EITI:UCTJ RE srol, narealter b e5.10102. stir Stun15'aiomit onla've'Jrr Ii.1111innr} in Iho. •1,15 E.•l,[!1,acngt -f•cn nn(n,r morn rat ti' u tlSE5 asied 1r•:rile ecr,on. No OUTUDUR STOA00e Ii plowed to the L'-1 Eonr- 4,10fatrtrrt B.1. [halt Fa.2 -tie china. ❑ ." lMn Lei y1'1,r,'Lr FA,111 [: GLN CIII'tird IJnIfT when rood an II.a.nd p -wavers 4'r the propn;: r--ernple.voe rsrarnbo'ri 6. acr.:riv pbra: ••'nal'esP4ne1hl9111 o901.11ng. arrna,ning a•guaml'•9 !r prop.^,rv+haro such CINEOL'NCUUNI'r Is E,4Ci O EEOc Ihrr. the PRINCIPAL $Uil-01NC. U.,5. and 6 S-- No change. 1-. (tans P'L'nr:ad op Fossnn. Nd USE 11110011.11,0 Sainlachor, 1.5'01' e. opera', Con 111.20.1 2ahe 1ISL-irh w:m01.1 J3:cr apyrcval of r Land uca prrrmn from tae Delmar -arum o1 Pianninq Ear.{ :es 1 Gas (l) MANUFACTURED HOME per LEri4L LOT. Llano used as Ir,+rig cosdera for cal:A ker or sanonty o-on;Cons"tsrnnbl=_ maintaining or rnaniing 1hg pr.¢pe:ty, pe:rnilied unaar DinLt 39f Arise IV of Ihl5 i;'napl€r. E.2. tF.•a F.I.. Na-charge. Duht. C and H. Amend Sec. 22-3-220. C -2 -Gerard Carrmar:la') Zona District, 90 lead as 151lolya. 11 n chap; a. F.I. (lion A:Iovnd by RIM. Nn C+•J IIbLN{i. 5'r(tUC Tllll Y IL, t5nlu 5n:L11 no pod n•rtl n n -7LJILJ1.r.0 or OT1I.l I)7 La5e :hall hmemiler tl 0,05100. nm+CLnrISy 51,4n9,d, &Iir.roed r,r rna'nlr,nnd in 1110 (.:-.' .',nna Oaa, inI 1cr ono l I] St mire „' tI 1511 ;eC inn. I ID OL'T0.7OR STORAF;E .'r,u be 115.1.11 'r, tl• n G-0., 75+10 0ll tree 9.1. T7ra. —N h ggaa 6.2 1}nc (')OliIOILE-FAMILY DSP_LLING ufli? 01'hsn ucae as Lair'g Nlen HD [Dr Ins prophsfcr, emplafsa , •r -Laker: or sesurly [salmon resparaible for operating. mnlnislnlrg or guarding the properly weera such EWE LUNG UNIT '1 EIV ",_GSEC Wi!h tole PRI NGI Pr'L C VILC1nlG. D,4 anJ U.S. - r•la crrpng.a. E. Uses Si erwad by Permit. Ito 515E Imt1n m :eis 5Jhsollieal mall camrnellce renstnction or ,ylaruutinn n' Ins -3 Zan: C'tserd: wtlbout poor appournr of a 1 ,10 I se na,mit from ehe Der nomenr of Pion ning Re. voices. 1. One {I} MARLFACTUREII HOM.E par LEGAL 1 DT, wren used as i o.ag gnartwe fcr r.srv_I.-.4er nr rac.rnly savannah rnaponaiblr entn'aininp'or cuardn. !re property, 5nnrw,hnd undepr [''vigion 3 of {.!tire IY ef I'nO Chapter. that list -Aro fihr.nms, Calve G nraIP H. Amvad „v,, 23-3-235. C-31Realgnal Comm':rcle1 Zone A'.ntriJl, Iu n 9.3 d, 050.vr.. 4. - Nu dhlL0ir 13. USE'a Autitvod L R1aht. L a auluyNG. STRI.CTUPI d lJI J 5,011 LL oral and no l.IiU.'Nri Sr ST 1=LIC.TL'RL "11' hd'a01101 e rected, yraeluralI a]Lmuc, nt!ang[d Gr nna ntelnad 1n !,+a C-3 Zone Crdrn,. smash f,rr any II, ,' Ir.1e, al ,Ise 112110' Iktu4' In th'v Itn!ICn- 0.1 tn'. C.50. - rw llpa-r3e. C. Accesoory Uses, The ?okay:ln9 BUILDINGS. STRUCTU'°ES and (43091110. Ipa allowed In the C-il 10-ie Cis1ric: cc long 20 the' eau c!uarly i1GL'enla and ACCESSORY loan flowed 11SE and includen en an approved and neon:sled Sae Plan. Any USE condo 1 nn'I S_- No thscri e- rJrk-Le 3 and 4 gn<f rnn,lm-npr, al.: nIlJW,:: U - 11._ applicant ahxl x,hn It -o lha Parsonw,r r,' Pammng'',a-ys^C- a ins, ,n.int.. plan IPr ma prop.-aed Ga Nbt`,CIAnl ) . inn Ina I,! Ih.0 S. -NO the:75. T.A caleflaanl raxpluin,,.4 ;1 lei the :.earn coil acNar tulles or I writes ale alerted, designed end neon in a ranna'r II!al 22x11 to 11'LAFE\'FU hewn PIJRI Ii' RICHIh.C= TIT) u4 .0! ARJALIBIS propirtlrv- Plano soon': she I ho das:gned a -,a ,,earn in n rrannar:hal will frruwunl nand or aniraal •i. at:,an,d Imah, U. A ;Isar -moil Crfl1ming 1i, a; iha'-ISE c comauible with 11,11 pod -1.419 ar %lurn (1L l CLMML:N 1 at u,n u.arraendi Pg ernes as 1i91 - I -raped L.7 the na41in.; 2Pnl'q and w,Tr, Iha tutors DEVELOPMENT of we arse as prole: roe by the Comprahannate Folr or Mot; tFR PLAN of alecled munklballllas and any lommJudurinTrenlal Ay^Crenl- Stein USE shall rdhnre M ! he 1a1:n eirp aperadnn a ananeds, In try exert trial they ere skeet by locrlinn la'.sur and draipr aria. In c_ nil,l,Capn and Opera -non. Coca ranerational, the rpm,- Liao shall mn-roam :o the nlanda-oa haled below: 1.11:-rr,.i. - NO rliarga. G, Glare, :Any apiLnt} !Halite .IL'avna'+. err elhrl'eat perking arna nitride rlrragc arnn, ,l.alsoa achvlty area SIGN or roller STRUG- lUlls:lMAI!b6arranged la defisnl IF(jht In, 1.,%-n any a.iai ,,U.ra!,lpanhal aerie mid!rvn COUNTrr STFEETSICTUDS.Any'ughlr ncludir g un!il afar. high lnrnpern.l ins p'pca_5Fna inch na w: a!ding camb'rstl par, shall bE dusig nap, Ia•..ptnd and operated an such a roar:war of Lo ucl the lnllo'.':'ao slanrlardn sources of light shall he ah+el dull an hint banns or rays air 3hr ypi lr Arrr eh:rmrl a1nldly Cn10;IIIUAC9 NN P:oaeThe!,; np'15rt LY,C Cruel-Ic-•r'.I11:511, 1i1p1! tram 4717 II qnl nearer may n16aLa- talk. hats 4 I.1 aAatatte.^.91 molor acilit Int-sin PUEUC or env, la STAE:@ 181i1DPLLS, .asp .,a en-arad iignla rlIap bid Lassa re Rao nldy Os canfuepn with hr ca.. - stilted as Iralrle aunlral uek:cr. f -No•eIl.ir:Je. Dalatn P - Remain -lea rd jrn.dhlon - Nv conain. Amend Ann. 551-3- ISO. F.n r otnoterll 11fnO rrllirrrl, 10 rend 03 :titer:=' - A MP,, P- - ate Clangs Celeta C ihru 11 W aend Sac. 23-2.21X1. Pasant and applicsbil'itp, fa read as frelor r'. ▪ - Na phunge. 3_ 'Ina 13o-hrtl of Ci.aly corrmiinrionerc may apprnwe flip oriria,lii. l a. -a a: a Use 1.'I Special Ra'naw by reasliny a Special Ral:sw Pr±nr.lt_ fir , epl-bstg tar gpee,al Ra,le c Ferama LI all tra retfewrnU L•yy h= Alarming C-ar, lrrusinn. Tha i'13r ning Cpmm isslrn lenfr- msrdal:nn ; lg'1 to rcrwarbed L6 an:f Crane learod by :Pe R^nry dl G11urlTy CnTlmier:on'_vr avu,pi for 1,51.1 all FOCI LITLES DF F' IBLLC UTrLITIEd t7:93 WUDLIC AGENCIES. whleil shall repillra'CPI..A WTI appvxdi by ;ha Pl ar:nim0 Cane!asiart only as set 'alb a Tini=_ian or m.1 AmcLo u. Remainder of Soramkin - Ica change. n ail Set_ ?1-2 dG, 6n'il¢h slaa,da-d s la mad A. In 30h:inuSLIM A'an lay Arntial Faste'J! shall 'ernoarlrara ccnphsnra lvdh :hp fnllois. fi 4re5Ign ;'pndammt, la 111E applle'a'lion and shall con 4,10 10 mapt lh'r:,r a land area if ,pirrrvcd far DE',raLc AMEN T. 1, R11 1:2. - No ;:hare}^.. 13. n rmLlr!r rte111 nay oar, P, Ih31l11u main'. u:la-ulirn amaa or 'aciiilie± shall be SCHEENaL from PUBLIC HII3ITS-GF-W4,' and AD.IACEME prooartlea.Those nooas shall ha designed anr2 used rn a manner ihz!,,ii present--1•.nd-or a: 11:,a1-tAtmed nsh Palate Li. hmera Sac. 2'1-2-25tt, Ayr:Amercn requirement. to read as follows: A. Jln, D. - Na mange E Suppodv,g Da:u-,earls T'.,a iplloning 54'.Y,meolin.;r{Y,0't.li9:hall Lo 51 b-nillod:s l:nr7 at the applla'alien. I. lhru 5. - No ahenge. Sotto d and renumber s'.Ihsafuert linrin, Goleta F ana rnlelaer alJbsbrqucrl rtern, Amend Sea. 23-2-295, M:nur e.niendmanls. La mad as lelrows', A.1.1, U. -Nu Cr=ar'.elea•. Urlele E. F end 1-I. and relater subsocuen,t Marna. 5. Applicator. Re-mnirerrent I. 1hra 14.- Na cF,ange Dolu..e 13 Ar11ard San- qA-2-ESU- Terns nsnon n' ust, la read n51013.:'S' A.'Era E. - N4 chaaga lees F. ❑ lyi=_ inn 5 - Special literal, permit. Y; hinaa+ f a111atiCl ell PaLl.c dints ur Pudl:a Agency Amend Sr=. 2.3.2-300. f,ppllpab1111 f, Y_ n ad as rn.laar, A. and 9. -- No ehafig, Callas C. Armand Sen 23.2.390- fiction of Daplrm=_ell 311lannirtfy SCntCA.1, 10 ,parr or I -Use -n A Ihn16,a. - .Yo charge. • Delete Ca,. It s. Amend Sts. 23-3.20_114n, r im m etl by 1021 nvtslde na e'1b3.,Rl ors nod n•,1 a'iS , to fiZa 25 ir, px9: Ile LIUILLIi..', ^ur S I HUC 1 JAE or lane alrall 111 lend and ara PIVII.DING e r 4TriUCTLiPE pilau hereaher U9 e: ached, GII uclusalry altuimd. anIefgall Or maintained 'a Urn A iAsricai:ur2J; Zana D,c:lct on LOTS nIL:ide: or Silg!7ril51ffiiS and H1STSFiO TU W1OfaITES mere! for 111.6 (119r %0Pe cl ',iii 11Ire roll USES h. — Na change. s_ Papha:' or oencrote hatch nlanl arid bp,T0lr pita ',sad IULIFOFAPILI' a'd taxias:very for an nn-Srie cpnsihx;lan prainal or the tprnplcllan or a PUBLIC, STREET/ROAD imJlrovar irmis project what's Lhe oubjoet pmpoly In at on, or nos Ire ETREETJFICAD an wnlEh':mlar ese'nen13 ran bring mince. 'rite -11k-,hrnP1 llo stohdl, her Can TEMPORARY TAIL may be ellended in air-menlh Incremanls at the ti iaarn lam at rho ❑irarlar d Flap. ng Sew., ap Lo tvo (2i Lamm, acd thcr'sahor by ttra Bawd ai County Commissioner p. Inrp g. -N; 1inn1n�o FL. '7rie (17 SINGLE-FAMILY OL:LLLrrlii, PITSTEN C:.',RF 1.1E per LEGAL LOT L. Iliru N. • Na Gets 11+3 thou C!.•. tomcod See. 23 -Silo. As -er =: y uses culcirie al wands Islens one ',slam. Jwmn:ras, In nod Sallnryr. 111^ re inwhly DWLD AYkS. S 1 RUf: f1UREL old USES- Sting ha n;Icvrei in dna A (Hi)rn[ilurell Zeno Dlstrrnl or, LOTS C,Ilamn,N SL'ES- ❑IVISIi]NC'arkl l I1G IC]HfG TOLVNSITES so long are flan} are claarL .nr 1dental anal ALCFbSONY !0 a1 ellrrW?C USE - A. 'boa P. — tea altande. And OLr lDnir,It S fikoDa laread fc:Iarni norrrplarl£• eJbeeppaPLIiYna- E C [?TU'ODF STORNaSE or melons la aar.3h90r1 to an c'Ie Weal IJS'=, as mho. 113 rr,o Faille+rO:G are SEREENED rtm A a.iACEl.'r LUTE end RILHTS-OF-YJAY. F. - No ch,ing':. G. 'JAM lain(PI SEMI -TRAILERS JRYarorlyn t.ar LE SAL La -1- H and I - 115 change, Pdeta .arnadnaor ni Sadie Amend 6.13,:. 33 3-35. - 0:0, -As aIC'6ae rY peruse ear nips ell alill l'vinlnle3 1111,1 ilensno Inw951tei5, la rend a3 Fal'ewa: N'a USE [+atdd in lhla sei:upn clean cp. arle',rz , un air e -ion or ppniurynri In Ile. 4 fhgaculleoall Yong' birilnal on LOT -E mila'do W ELI El AheiNrdiS and I4ISTCRrO 72O.N!,,-ITi2S wnnse pro! eypreenr yr 3 Mal) as' p -red ka!n tab mrya,1lneAt kN p.m -Arne Senncel Or Dispad,ren" of PILL Idea d, and Env're ,'naael as aPolloidali: A. Him C. - No change. And AUKILIAFR' •OLIALilER5 to rend Is re lbws ar.p,elette'f :ulaL.ip er, i ,: a1In. D. AUKI LJhfil' C,'i.tARTERL, which shall r.ipylre elm{Uval of o LLrtlfiale of cearfl:inr.cu by las beuenme-le am Pluming Somme to ensure -in? .15E eB'rrp,lna 'hits ann dolt re.on 'lc SeChiliri 23 -1 -all ofth,', l.drrn. E. Inri. H. - Na change. Larisla SIp3ALL SCALE SO _AR FACILITIES, Renldmndar of Se chin - Nn c!eenys. Amend Sec. 23-lUfl. Uses Gy syanisl r--ap'isna r,:tside al s„ Isd ivl s'nle: noel m aim -ic mans, lea ra mad an ladowar m-. rnlinan:.g ROIL PIhra5, 5TR1iGTi! NLS and {.*ES may Be cvns:r.e.led, aacunaod, euera{ud and muirlalred car LOTS outside or SUE SIVI5AONS sod HISTORIC- TOICNE1 f-; ; 'a li A (Alr.m,L luaofl :ona r.:'Jia upon aomerai of 3 Eueclal -Review Fenn t rn retardance art the roduireenatote and rne,59dwan so! Rnu ,a 41SJ2.l UN'B1l rl a .at the L Cr1a/loll cc Al:Gri ll, Ula-Lm 5. ir. 7hn woe o r 111LJOR a ACILLI iES Cr FOYOsItt f l ItLITI ES CIS PL;EsIC AGENCIES. A. _ No cpa rao, Derek. E nod ,arellm s bregsenr terns, an In' mar: C. No. E. NO ClY..r32. Larne. 13 sea role -or nlabaagr.Pnl trains, ad lolldrre, - Into K. -f•Is mnmlyu L. HOME ELFSINESSE5. ' M. ihro EE - No change_ FF. More than the narnber at S UMI •f RAILLRS as PSIOESEORY storage a:lox'e5 Lt n4tt at by perfrlit, Add SMALL SCALE SOLAR FACILITIES no mod as '0100 a ant' retire! ouniegl.mt'itelr) DelvlpG in H. ▪ P',err-U See- C 3 (RPyie-ai Cnrt.,r-arrr4 Sane Marriott_ la me,-. "or tn'Irw A - M^_ change. L Uaer Slowed hr Right. No 5UILDIIIG_STRLIlU 11 CIE cr lend s7,nl co sited rail as BUILDING or SSRUGlURE omen ra pRcrtart, d rrOIn-J alna'lbmliy allemd, rniar2ed e-a,ri'Yained In pisC--i Pons C,rmor escept to. any l it or mare of the USES Iliad Lt I. LI,re G.36. - No change. Le, deorlypry Van. Tan iAU.C.II-,g ONl. rINGS, SweduLI+i r_ S tin SOLE .I:n116o-n lt:r,1,21:rte G -:e, run„ ;:Caner i-i Innn,3odaoo ars .early ,arcan ENCLOSED. and Ace E tiSCRI ra an alarmed liS% :1Rrl x,rh,u,w on an eppn;RC n,rf ,etaVOeo'ilt a:'Ian. 2,1,11.91: - rondo ad outside at an:I-3. SF,PBUYL_7:N{e that'fa: CRE€aC-OI-pm win�_rrl''Ca LTC R!G1{T�•'ZF• WA': rill C--.L'.aJ,rCEFJI 1.570 in+ Zorn d'utict ate: I-3. ▪ One li m'ANGLE-Frlhi ICY Ll}+1E! [dril mI ni pwnen rls'-e as riv,n3 5u-rerrs aar-n^ p: epn=10r. amply=C5, nn1",annra ✓ sesanry lr�=dnh21 ,aaphrs,tae ace o,asaat:nr,, rnainlaini rig yr 211 .-dind the pmparty .1l,ere a,c5 SWELL.I Itir2 UNIT 's Eh C:L7S:_r}'.ri:l:m i are PFIN [PCEL Ij{s- d-3. and L1 'l.. - - tea rnerngl3. Eraes Allorra-Jby Farn:lLin rise rim In Nisee Dovlrarmni care rhea can-'nuni,on or npamlil!a •It 11.^_G3Zrnn ❑r,i,aL W1111.9I Lrlar appresl„ of a la -d rise oerrn 111a1L le!e Ds. al Inke n, loon -daryfGet- 1 Dna{ 11 M0.r7UFACIURFO HOME- par LEGAL LIST r.'rue+uscd al, S by 5,i ,1 ,um B-ar 1ljne rm m11:r.,ui fm:nrrneimanh,r nlc ro.unlaloineinrguar3rng the Pxpa Ey, perrllkea under drvlsaa S111 AiCN' Vell:his Cheer e, ▪ 121117. - No nhanae. F Gain! by Spec lsL B.al'law. TrEe retiCwlnp rilnLSINCSS, STLUCTUPES held LS Fa. may'ana,'.f lad. 'rp£r,letl and main:alrad In MA C -a ?coo lelr:rlcl upon approval nr a p_'•rmit in nr'rnrdo':nr 51111' the a•ata-reverie na 15111-'o Il: II.PCic,l I ar lhie FLhadter. 1. AIR STFtleS wna,n they are ACCESSORY to :he ban Arpwe'J br Right Add 2. and ,number sainneque.nt bonne, en f5 .1," 2. Asplr.a or cono'rele batch rents. O elatc G and H- A .pen Svc 23-3-)'0. L0.4 ili.tnwav Crxnnlerc''ail lamb DioIdc:, [p lard... fnllave: A -Ne chines. P. Uses Allevne-f by11101.1- No Err, 3111125. OERUC Slabgia::ach,nh he used an -n no 11JILUI55 or STRI-LiURE eha I herecnr be lacier, aIr.;.lnrglly eltgrnrl, calarrmsd rr rnan:a,ned ;n the {:-a Pena Di.:1 rirl aer.epl las _are 111 c rams 01 lru LIS F=1 Ila:sd in It 5_12 ar. 9.1. Ihn. U. - change. E Uana slowed ur Parr'ai[, Se USE Lased in In la :L Lears:in agile] nomownen car Gi nn:Stan or npenllt'al Ir. the C. I T,]n_• L' sl,ar,l wilt v51 pour apps avid of a hind ape iienrl: h•r,r 1:ru oepsold ere el alamrlrr9 Scut cells, I. and 2 - No ananae. 3. One CI MAID FA^., TIJREG HUM E her LEC-! L LIST, when aned au wing rvu:le'5 aria ,::ter' cl .Soh' 1 y Jrbl `rrlrini li ;6aricl0' Aar main -Lair 'no n, gcarPng test prapehy, newel:rail .1ns5r dn'isinn 3 of Aukia N ae Ihia CF anhl-'. En.. tau s P3!. - Nn nlranga, Oriole G and H_ Armand Sat 23.3.2=A Balk aiandnrde, to man as fdlars• All 515 LDIy5S, 5'LRUCTURE5, lilES, and land rccILad r the CammeU•al7.onn °letnot, deal Finn IocaW.J, dery ea Eared ar•d ICClll1l011 la asoordanco •11111 LEO rp111.iNyhelrls er ur,arated In !hie section. P m -ceder 91 Sadler - Na an -16o. divisior d - rnd,rsjr al 20.10 Doi rids• Amen.] Sec, 23-3.310. 1-1 Wght loduslna9 Zana L'islrxl. to rate es raliawa 0. - Ian chrngp E. Ueas Pall carol ty Right No LIUII Ulna, STRUr•I Ulii'attend sball be uaad rind no fIUILRUNG err SiRVs'lC9(: shall :tor-ailer Sanrsolst St4n'ra'I ay a lCred. ry-len5a4 ,}f ins inlaipla1 'n Ihp I. 110.0 Oral 'at ':n+Trpt ro•b'ra fir or n1N a'ai Lhd li SES t151r 1 in 41. 11'I'D. 1. Aop!tair Sr ronale:6 Doren pl0nre :.SrXI TEMPORAL -.'s' arm nnr'.'uanrnlv'or' 11 Pr.^ute r.U'L. li^.n er .:Omer fir I'5n L.1,1•51,...21. PUBLIC SfaEErr ROAD irnnrpverr:nu. pro loci. nit vmpLlilrl for rhi.'. TEMPO1,hhi' 11.3E 11',0 ba ^->.frira pd In ei:r-rrlr'f insrements s; the dsscrelial a11he Dreads: al Flannel, Sot -alone up to area ((2) 1,Ores and llre'eafler by L}•e egard pl Counts Calms supers, 2 tiro b. - Ne Manta. • 7.1 L;4PO W}HY borrow pits used arelutiralp for nips conplsrr Pa el a PUfaL,C STREET/ROVE inrp'cremnnl err;cal e. - iln cranye. C.U�.xs allowed c.bject to Site Flon Re_si=';1. The fotlowe r,gUS..EP snail lrs far owed t,'. the 1-1 Lone Dismal !allowing Irphrowl sac 502,Irdirrj dfaSit' Pl.1. In Ka cord aims r,.1. Attie.'e S. Division 3, of thin f.lInfenr_ Any I1SE condadad uulaida of an, ENLLIISED BUILDING shNJ 1•r BCREENriO'ra:n adieounf PUR:,I15 RLGHT3.OF-WAY and ADJACENT LOTS In any lenr,.7i,,;act clhar 13. 1. 110 2.- has change. Add J. ?nd rer.urnher anhee rent dtnn:(..:m inllown;' J. Asn 1.n 1 or 4Fi,tllh birch piai,h+u 4. 1,27. - change. 0-.Sr/ALL SCALE St.I23 FACILJTY, 3ublaCr no lap .11:lldlroa! ra an renal l!r ;;1 S0O6" 21•0- I•120_ D. - Na chp,.a' E Uses A'rp::ad tr/Pe+m",. Na USE listed Ia i1.'a.Su5-LOUIrn snareroa7mer,ca 's:ruall'US n apatt',,lao In- '!le l- Zino Ccirol wlhgaL n'ia' LOp'er'1 cl a yard r permit ham ine Department of L'Iarring Services. 1. Can. (111.IANLIFAC I,1RFD-ROME per LEGAL LOOT. pull., rasa ma I:wing a.,ertgra .'nr ca-a'a-,car or SEC MIL./ perarnnn ntaporlam3 maintaining cr gdardl:m3 tile prop:1[y, parrined undo, Gun is, del stela IV al Ill IL CS,aa:er. - - 2. III ell T. - No orange. 1'. 5155 lay Spaniel [i.e ca.. Tile Im-Iceriug E' -h LL'INGS. SITIUG IUt1ES anal I 'SE$ map be _rentonetnd uunhreon, eparh.v'r1 and.•. all,lalned .n the 1.1 Zoe", Slim -al upon approve' oil a per„. i'. plop 'darks=_ w:n1. m a rnrprin=:nunL. rf d.rilrI. I I Dl,ahalrra d Chapter. 1. rn rt n. - rHry charge. B. h1EGIU0.1 SCALE SfaLkft FACILITIES- _ c: h, Ito ada,naraI rtrmr_•ne•aua ar Scehon'3-.0 i['tit! 7. to u l "--.go C,anga Celata G. Amend Sec_ 23-3-P211 1.2 Monier! Inouaeall Zone Di:dretr, In rs-:.rl as fr:':rw� A. -ran c!,an]e. P. Leak all towed by Rion!. No DUILG'NLI, STRUCTURE 1r' and sitar be asgd and no EUIL2IrrOI or STRUCIURR'annal h wearier h ar2,la.T- 1+hclueally al[LtSd. arrr'alged cr inetitainen it ine 1-2 Zar,et,strc'.r_dsept for one Ul or mart af:n= 14SES In this rect.:. 1 Arphtll nrcuranila halvhpr-arlu-JaJTEMEURAn'ILloam cxrlus,eels !Dr r- on -site rae'l-aationpaa1arr ':rhnecomplatienaTm PLIULIC STREET+R0AD impruaalmm't, project. TFe cla-m:,creb, Fah la;il.a for In TRhlPCRal:' USE trap daaxlend, il-=i,-nnni 'laarnan', 4L Ina discreinn or the C1r05.5r of Planning 4aryia",a AO inn isio [Si llrnr.5, end Thereafter 1.y' the Berri ,m. [:print}' 1.cr,R album 2. { hrr 6_ -''n ch nko. 7, rb,NIRARV t,crhlrr ph, Cant naelhuir,ly ine the nomplat.nn of a pJJ9UC REETiR•Jte7 lmpmeem-•n2 nW 2nl. 6. -Na mimeo_ ::.OJ.n,..nilamiea.ina car Lilo F'a'n,Rr'r1n'wT.irTY:AC.1M USES Shia. hpillaprAJ'I-, fhbl2Zeno• dapildo cml,1g apprnCul ono r= erriing or avyw',Inn In na,t?rhp'ce W,IIn An u, filiation 3 of rllla Cnaprcr Any JSC ben&Noe a•,Llde ofnr. ENCLOSED BUu_t7Jf+G thrall hr: SCREENED ircrr, oLjaoent PUBLIC RIGII IS and ACd ;CENT L{'15 ir. Per Erne anion olner 1-3. 1 and2.- N, camas Add 2. and ie.:um ser sL0s0gUs ml urns, as 1o111, 2. Asd'rn or 1crcrpmo beton plans ❑-- N3 changy. E. Irges Allowed try 00011ib No USE Iiatea in O„=a Srabcecavr va''.;prlrnancu prnrsrrucl'!or or Lmerallon m tirv,. 2 Zara D Luis, w hinnC pm la• lo3ro1 a1 6f 5 Isna 119E panni l 1r.11n RU+ U.Lnialn•mrl ,pl Planh'hrJ .-anew n 1, C,r•e (1,1 MAIVUFA.GILHCL) HOME LS--• LEGAL L file. when -sod es Ii'nng quarter f -_'r ca-t!3ke- or scanty 3nrannn _ I lamps-isisi r In0111151119 Lr gaerd,Idl tar.' praperny, Pfearearaxl Ur der Thvls 5n 1 or R'hc:e IV of uric Crap`s.. '2 lhm!-Npchango ('lines by Spacial Ftaurew The le'Inw''ra EILSLDI:ln 77:WIC Ill. -11:S rind U_". S 1,1, D•, me lei trii et.if rid dpoi nlpd 415 ▪ u...ninny!in 11ni-77o:,a Ristriot upon eporovn', DIPp m, - ,n.- -ands un+nS.,, rleoI s or ohm -'a nllE-[ L .1. aplar Sclat, Asphat: or laminae !latch plaiaa renal reournber allse el,ln:n rl ern:- 1- then T. -151 cflelp2. Add I.1'=U'.[JM SCALESUL1fl PAC ILITIES mad :.s fu nd rrrnlrn -µa r. .7, are d- MEQIUN,� SCALP SOLAR Faniurpm, sated io Inc add ii,r,lal repniue',re:lls ere !Swell 121-4-1C.1_ Ceiele G. - Amend Son. 23-3-333. I-3 oavy inpdnrrial, Zone [32Nd, La -roc as rahll3: A. - NO thSnln, T1 3Nr1EINI 610715j Duni'Ittpsaup Wednesday, June 19, 7019 TRIBUNE F B. Uses Aflawed by 121ght. No 051, i 0 1010, S I HLIC I UHL or I led shall bo used and no BUILDING is STRUCTURE .^.hall horuafter 00 ▪ ,soled, structurally altered, enlarged on maintained in the I-;} Song D$hlct, exsopr nor win (1) or r:tpr4 of Ih4 USES IIS14d in this' sociio1, 1..4sphah or rrancralo hatch 5.0ant used TEM.ORAPrLV and olculsienly ear on on -al o cans:rola:MA ~mind Ur !fart nomrlolaor of a PUBLJG STREEf1ROA0 Impmvamania pt -A1001. Tine sax -month I0iat0 0 far then T E MPORAUY USE 054 1:7 exterMW In ounnnomn Increments el the dlsnmtmn of the Birerlo, st Flaming $ary.Cno 0p to tarn 21 loner, one 1nvnahar Sty Ines egard of Coon:). Caro- mls5icintstiro 0'. - No change. TEb FORARY 00maw pits uend nNcluv0Bl' for the 01 5 01 on o1 r PUHLSL 12THEETJRG3O Imprrncme:'t ps-3,enl- y. add B. -1,o chango. C. Uses alhowed suhlecl la Ea Plan Review. The l.I*wlnj UEE99ihall he allowed In Iha 1-3 Zeno Bistict IollowIrv0 apemen: and renrrdin9 at Son Plan In nwmreance norh Artlao 1001003.or!m-Chap:er- : 5111, 34. - 1911 L'har1[510. 35- SMALL StrALE SJIAP FAG'Lire- nubjh:t le Imo arinlnonal ,!quim.nenIs of Solo'01, 23-0-11130 36, Uud 3E.- No change. G.-leo change. E Oolioo Allowed fly Ptnni! No IJEE Wen in this Shhsl0li]l5 5ha11 Comfnence cons!-Jctinn qr rpare100 h: Inn I -1, 2L nC [01901 withpot pr ,r op•.slmoI el a fond 4sa Pernat ham Inc Pepaetrr-en; of Planoir.n Service:a 1. One {I} MANI0FAGTUREG HOME nor LFGAL LOT, .wr,en umod as hyrn5 nuartern for cans:awl; nr socurily pa-sonne rasponsicre r ofineinlai01115 5rgu110n5 115 pro;l6ny, p.100.320001100215113 al 3111 Cle IV dl this Cho010r- S. the l 7, - ko obWINp}a, F Uses by Spor:l3Y ReoMw- Tne lollowt03 @LI lit:l11GS, STRtICYLfRES and 1'-205 pay tH CanE1NC19d, acc'i0mr1, opererect and rnain:alnnd In eta 1-3 7omy dinlncd 9OGn a;xxrval 0i 0 peanil in ocio,deinne *'91, 11-, woollerwunta of A-llr.tc h, fLyloon 4 of khle Chapllrr. 1. thre& - No ohange. Add MECIIUM SCALE SOLAR =ACI LSTIES 1a readies fulness and renu.nbar subseg001 t hems'. 7_ MEI]IUM SCAM SUL1A FACILITIES. shiilert es lop 00911,0,01 tequiramenls et 30511:x' 23-0-1030. ▪ elelg G Am end Sea 23-3-500:13s14 11: etanoanfs, no read as follows, x11 EUILpINC;h, STRUCTURES, VSES, and loot Indreed 1n Iha Indw113.1 Zane Crslricrs shah ea'antes, daslgrariused and 5eeu- pi� he rend em a eounlarated in Ilia sactip, A., thdJ D. No�cF r se.t barge Can. 23-3-020. ❑ elate Sec. 233.060. ['Hanlon 6 - E lEslsleS Zone Diatric; - Anlend Sec. 23-3 S iN. Uses showed by tlpht, to read as tollawe: No r3U1LDlNG, STLPIJIOTIJ RC or tend s`-011 on. 11500, and nC B! J ILBI1G 411 STFt JGTURF shall I•smeartar ba er-13011, structurally allured, enforgad a raa'ntsired 'Id (ha E Zone District axceor rue one Cll or-rore of Ilia igliaArrig USf3 A, tom F. - Nu Cnang0 R Or,6 121 SINGLE-rAMILY GINELL IHG. F65TE4 CARE HOME. or GROLUR 11 GME FACILITY eV LEGAL LOT. G.- No change. Dolotu H tn,a K Amain Sec. 23,3-420. Accessary uses, IC read as lollows'. • The following BUII ❑INCS, ^.1TP.UCT11PES and USES shall he allowed in the E (Eointe1 Zone Blstrct sc loo,prg as they are cle0dy 'ho,•oe te1 0100003'0130 t4 an I-Iowad 1251 Nola; 1 no Con4rne'J 141111Sa t-LIJUH 311LA or all Ak.L.'lSSUNY tr1Jl LL1INli✓ con- ai,ao1ea after too on -veal 1lleabvo date c1 Imo Cnap00 Deaner 0551 10811 an LOB or:oss man ran P61 awes a ;u 6DIv1$IOWS and If15TOP153 10001201tk5 snail not ar cola fuor 115 prom,!! nl 1110 Iata11190 arms, 1oeppt in Eu010001 ljrati12e1irn 4.310 IRUAS, warn snail authors. 1a HUA derefni'0enl elende1.211 tlewey,.,, 'n n6 cowl chairglib on ACCESSORY ILdiLUIN10InoSUUB 1,13141'1L•rlil$- Tf3RIC YC}4JNS1 rB exeeeet tuna ti's G 4 d_ 00 BCR AREA. al Ma min -stoat DWEL L:NG UNIT oil Illy LOS :50011! rue 410113100.13.10 ACCESYt111r B VII. NlSI1. 1,,519 anntsnletrit PO by wpp117111105 91 !1110 .Se.21Pn 'n05. 25 '0001rest 111,I0e n6 010 '0010re0 a lanai, 3otnrler pOrliOl1, of 311 AC=CESSLlmy 3O1101143E, rlyonlin d 1,4 rr2r, Titan To u'rctrurle'J or 'I,'unllO0t'Yn 'n0frolel, A. lhnr F.— too drones. [ekea G- Amenr1 Son. 33-'-4E5. - 12'.05 ai.n007U n5' j:i.T,R tG Mona 65 Ioline : Ne USE listed n this 3er' en 01.11 comm rr,:r, r-.nylo cIi,rn .or ep.wa:'an In Eat F ?ono 13o1rcc' without grim approval of p land u,e 500111 rmm the Papanmo,t,-11 P'ar,,, r Serial -me - Add AU'.IL IARY CURET ENS 10 rand 1e leaner5 1, 0 n`1a11nr 9ab50+T anew ,110,5' A. AUX:LIARY 31,101 -II Las', ronl,rhshall necrotic approval or a 4er1ilnaio o' calnallanco ay {no Ueportmant a1 Fanning Serrrcra h0 ensure me USE complies odth Ins de1nl:.on in Sec!ton 23-1-92 of rots Code Amend Sec, 23-3-4301 IlseS by shoos! ,pate* 10 mad an laaows: The rv9Pwin9511,011111:35, STRUCT1.REy anti LISPS' nay daccnstrpered, 4ccu Piad"uc-, :ran and r„elrfainedir.theEZooaDIE- trier Wean e, proven of rt pa.'ma in anoaman:a woo the r.qu'lements and procedures ter forth rn Artrue h, 1:n4dpn 4,1 iris Chapter. A, lnry H. — No change Derma remainder al Reatlan. Cr'rision id • PLIP{Planned Oral G2,n1n1'nenhl Ol31rnc1 Amend Sen. 23-3-530. PU00 1100'0;0 1a Chapter 2P a1 Ihis Gods. 10 read as 11111.11010: All In:d :n the 13710 Funned unit Pews'opmeril Zone oistrlrl shall he sabjerrt to Il'e r ouleuene In a,soter 121 - PId„m0 unit O eyeloproent o: th iE CW a. Detain See. 23-3-s'.0. Belare Se^_ 17.12¢ 0.o. 23-3-03,6. Celeto Sec. 23-3-545. O 07611 End. 20-3-550. Be1e1e Sec_ 23-3-5613 ARTICLE 154 Suy0!wr-o.1I0.n 0101011 Bte a120.271. ar.o Las:ag Pero its Amend So -n.23-4-320. 4laniaaclurC-d Fames In C no I Zane Ristr.et, 10 reed .10 5,110,09; A. A zoning now C for Ina U5 a di one. It) MJINUFAGTIIREFJ HOME, when .115311 as Wino quarters ear care -takers or sacvnly person- n el'eepanelbin no, naln:a'dino a' quar*rrp ton pro, i ly, 100ylxrmineel 35 an AC ESSI3F1 'JOE to ma principal U5E in [aloe GICommuroAlive I rIallealial1 Zone DstusL0 as ou5cd ed In!~tide Ill of I hLo Chaplrr upon a 1dnla,tpreot,on dr IN. Depart man' of Panning Services 1t12b f nrna odor 01 011tt Lan — Nc rOianga Arne -2 Soc. 33.4.236. De,egul•on aI dall100te, to read as. foUnees: The 2nd -ft di Sourly Conveisolorlsls 911^gatae Iha anal -only to issue a Zoning Pnrmil fora WIANUFACTUFSO HOME, MAFIUFAC- T11ITE0 STRUCTURE, m occupied REOHEdrI UNAL 0EF11C;LE wh,cn rimnrMau redacts mh appr0v01 or 1110 0000 of County Cor- =rs thrauch a pcbllc ['oaring proness;o the Deparhnent at Plonwp•s 3Crylcca upon a delerm:nation by the Blpartment Matt A_ Iron C. — No change. 0. In the Ddpa'trr lnl al Planniop So -v, -..es does nlrclve sog'rei Opt,'r_non Mai thirty, p.msnl :BOSS] or more olcuncundirtg property owners w1111in r've hundred 00092 feet aI 014,1111;001 property cry In gppuattlen 10 rho 050th![. the Board of County Commissioners shell mview the applloatieo tar enrrpaar 'a wish the mkcdo 9[N out ,n rh,s Dlvisnn 01 a regldprly echadv:ed meeting of 1 he Edited: r. lhru 5. -M1c change. 5, The Eia,d al County Commid0l70.111„ shah OH,,'door anti Iasiimnny 13 „ 9000159!513 prapony owners can,rmann the ands on Ire 00 0v'Idlnp Prepe.•t000 and comal,ance ¢nth ;re or -tiara cal Col In In, s 7'v, e'Cn rl,rnetrld Sae. 2.`,••4":170. Oo'ilIXlr 9170 limy ,hrlg( 1, tb ,lvd as I th.2.5: A. thru E.3.-Nc nonge. - Dodo EA and 03. Aneentl'6e--23 a 080. Zorng P-a.•m.t ter thrmd G'terel,r parrot aa0r^at,ml rn0Wrrmxnls_ Inman as fc,lnws An apptl :aliou tors Ewing Fermi! for a WIND G 5h' ER.ATCA shall ld:n.001110 '011.1wlro: A. thru L -.4d chart00. 12*0Le Dielnioii 5 - Second Stngld- I'm -a:7 Da:siring a Ina n {Ayncml1rr 7 ZPne Prank: .,mend Sec. 13-0.980. iinquiro.nents Ins :5 second single -fat -21y 3130!!!5,1, t51909 ors fdlfcw3: 4'rhd,Fo a second SINt1LE-FAC11rLY D Wk1-LING In pemlitted ,g AS 710111 al [his Crapte". the f,dlinw,np 4110:ia nnail ha rObt Ito T 5010 issuance Ma tvRlftng parmil for said dwe11r111 Hama -Moo 61ST -511M— NO Cr'.R0an. DBIeIB Salt. 23.44310. Colors Ex. 22.4422. O01ela Soo. 23-a-6."10, Cie:arch 11 - Sem1-teat w,n eta Acoosscri Storage Ar ;end Sal: 3.2-0-4141 InIent and nppllra`_,:hiy, 10 rood as Ibl:.,, n: A. 4'+hera a `%EMI-'IRa1LER ,rm ACCESSORY storeys, Is ustmHend in A ,clu U 91 Mir Crlap:or neon la =Jnrcc a' a 0211 nO poin,, 2 the perrnl1 may he lads o by tine Gspnnelto: of Piarinlop Sorricas altar 0001011,,lnoktnn U21: 1. -No change , r w, ee 4aov o r r ms - v. eye y - 01..'1000l -y --.d. � thu9L 1 No'r'inngo.W t L c lilt' .:.: ••� 1, 13110151.61- IRtOLEA shalt rol.n any-marner he used 12 display SIGNS- Hemalnder or Sncden - He change. Amend Sac. 25-4-910. Semi-ttaler as accessary storage permit reuuiromenls, to reed as fa'L. 5ws- An apn'ical•111 to a Zoning Fermis for a 3:411-TAAILER 25 ACCESSORY storage shall If:Ci103O the fcllawing h. thru K.- 44 0 change. Delete L • Amend Soc. 73-4-930. De -Legation ar al.'thorant Mmad ad follows: A, and B. - No change. P.lr the 37CWflmenl of Prglnning tarrdce3 dose receive eigaednolihcetion:het thirty percent(30941 or more of euertenclinn pep owners mina five hundred {1061 reef of the sublecl property are fn opposilion t0 the permitting of n S@M1=L11AILE 4? as ACCESS: HY storage. n-.6 Board ai County Comoiledner shall review the aeoll0alion Son wn,n1orn0 wild the L10 ria set ant in !hie C1vi1 or a 1051130y 001101101011 mer1114 0f Ina 010010: 1 'n, $. - Ha c!tenge E The Bad nf f'Ganttyy Cammiss'oners nha21 cansiaer any lealrmoney 01 sunoundt-III proLwrty owno,, Concerrin;l 51,4 shoots ar l 5040-TRBILER ea ACC ES50RY• slcraoe on 1115 on n cstn9+1g U'epettlea 2111 Hi f he en re'r-, pit c•.1 in rr• Is Doe', [utter! 12 - Pare[,p 01 Gamrnnno -' vehrrJ00 130¢,`9 hoe 25.0.000 Irten{ arm apFllcabill!v, to cad!'. fbllani. 0, Nachange, 3elelp 5. Arn01111 Zara 23.0 990. Otalug dr Ion 05 00 110015 1a ,ea,! w 11.10,0, A. and a -!10 ane:nengor C.Iltrs1n,2porlms:'l orPlannl ngg Servic.o35.41e5 pre,,I nod rtnn oopr.1 that thirty per.ant13-011star oars nor;enchnd�nq prop awnero yn11'0,1vµ hurdrvd 15031 Idea oflnn Svef0Pl preaeltyaleler aom1llan10die permi:lingose CO!h lisle SJ0L"[10 E,10 fhb 139,1111OtC'3urrtf OAmnlis10,5e'sono:l covet the 8pP11Alen 5,, crpr!p6Orb wtthlhaeritera set qul in 1110 So -n nalartxdn Echadp1ed 01001ing of the Board. 1. ihiu5. - No change, B. The Board Er Country Commissioners shellrhrlsige: any repenlony or nuiraundiregjen,h2230:10,310001anll-'rg she ¢!lots oFt 15'DIrIMERCIAL VEHICLE en the suncandn,y propehtios and its comahance w.9h the 0.101'4 and all ,n Lt14 ,1141510,1 x1113 nor is - H4 '° Occopdrin1 Permits Annoad Sac. 33-1-095, Homo 0. r,pntlOr perrrl fsgdrarr,anls, 1, read as'.d11ows A - No- change. E. Aopra;oiica login, Omen Le, 3n app110O119,. f Or any lani-13 pe„nL f -1r a 19cltvIL OCR-1}PA7lQN required py `his Diucsron shall indlu the 1n10001n6. 1- Thou5.- No change. - G.Theopalioss tiun far a HOME OCCUPATION- CLASS 1141101i,na1040 a1l,al0h Mr, 01100111001150 505111 01010 101011010 11151- r050rr,u ttnenly 1201 feet, or other suirotie scale, rd show: Femtr"Ider o1 B, - No rhenge _,uuF.euun,.a,.u,,,w,rinyu..,.r. t.fid Euard ,., COL:WV C I -pi: ,:bnr..,u. ....L-1:5 II H CAA C-OC.•,.,,...,..,rang permit. 0.1hm 5, -;711,11,109¢. 4c.',cle 0 and Y. P amnender a1 Sa'ctrarl - Na chor;2a O hio en 16 - Cana oonl3ncr- Arnend Got 23--1-110U. Ca03O oon1Winare onto far sforngc, no °Ricnt o awcl'inp or any hatable noon, 101 read oe 1diaxa', A CAf5C+O CONTAINER Shrill et5slfb Ins 111341000 01 11., 7in9 pm11111. 000 rornpralnCO *1111 alg applicable meal:lard. 0, this God1 ,ncllydln0 Arline V of MID Chapter'510, Sal a re;1 norrdidses shah apply: A, Preolnchy''7 inn only t, tilt ry loot shill tan nennrried to a C:•RCO G1,YTAIN ER used solely 10: storage. Gr1FC-0 CDNIAl NE 175 .71~,,y all and ra1rollred for r ehiBr;r,' may. 150 Cdan:fled to wok and Dry Wuur111es such as welor, cotter and electriwly. H and -Na Clang0. 3. A CARGO 00NTAINE4 cllall not r0n us7d in any manner LO a l,alllay a SIGN. lionid5 17 - Zoning PemO.10191 Cromui11JAOS el Ole ILgn0hltoml 7.000 Di91,1el Amend Se C. '43.1- IeU3- Ulan santemg ygnmg permits in 1011 egdtl.Itural xrle 415trit1, Id 0010 95 1O1I9w'S'. A A zonrn1 ,icrrnil tuo0SES'ialed In Anide 111 e i Mrs enspler ae+equlr100 Issuance cl a aching parml col: Ilya LI o n r o 17 clay he dprlravrd it Urn 115E corrrplies with `.he criteria hare:,. The Boar's at County Corrr•IesaannrS iaregollx lrlrl authority and r0sflantilb,I'lS nor pros sang and app'm. n$ 1fieu 52.005 permits to rho 6rr'edment of Planning Snout:es an lee:O. u.; 1110305511101 O 1901.51,4 critana 311nie eocllon and any other a:pplipalsa requirements within lhia C`upa..+ 21. 1111Tie e,:1,1, n'. Mennen] S4N,P ente•rn'ls•.!nu aJxncahon Soon not aromas [00300nt ovidnnce a'rur,or' Ire standards sot twin', Mkt Cildsc111r wiu to neat 11 236 ,411 IC'nw5rrl 111.1 applltttrina to the Boned e f G panty C smonins,uners ..or Its 'eve* and dons ierdriml lNlcwul2 a 131161„, rloar,n C?tuv:a tar r.rrproval Include; - Nc 057Oge. ?. The appUca1Inn 1'.amt tea or v.'ll ulmply w,[h 11'1renditions in Scr1'an 20 -1 -}?.Is' bolo. 'y SI r,.IC -No chr:rao_ d, -NP nsn,c.1, C. II d1,[urnorol, 0.570' 03 Perm: :non shad nn regarded by tic Oepsnment,sf Piarrrng See nun prior to ae'nmruc-0n19nt 01tnft USE Or 0dr:1tnoa ion. The apohcarl -7,;19 pay :1e retarding Ina- If the ,agoirad docurrores hake rot Senn rror-ded witi'in nir?ary 130) deals from :he More of approval or it an applicant is unwilling or unable' ra moat any of the cceldhlons wi,hin ninety 1951 date • approver" Me Dimpled 01Planning Sevires may rarer the 0F2lOahen 10 110 600110 of Cavity Commisslenors, which ,hay 11.10000 the amino permit followings pubr,c hearing. The applicant Shall L•A nhhli4rl Cr ISO public IAarlr,'1hest ;M :1.11 days prior told hearng. Prior ,o said heating, t he Director on Perron] Serocec rr-ey grant a one-1MP ap 01n0 0" et up to n holy i93 ddya, forgo, cause 01 -.own, upon a written 000011 try ills 009.1can1. &erp•11n1s .,10enc'dn na0 einanu01, Ina app510 am mop . eel' n ftnhar er.er aid Morn the Board 01 County Carrdnissioners by w111110 eqursr In he dir,Prol of # aun1n9. E 11.o Board of County C•r arkRalce d ames the exlensian or i1the conditions ate nor r -,t and 111+ ,dqu,mtl doChrt,1N0, 0.00,050 Ivy 11101910 spnel140 by Inc- Board, zoning peen,/ aoprayal snail au 1,011190, and Ins nppiroallfin darleed, Jlrtnrel Sara. 23-0.52 0. Opetatldn Stan:A d3-tl rood 35 lal'Ow*a_ The Lpplif erll shall Co mbh*tral C cicrlelhldr t re wall Iho blowlnp npe uti,ln=11nnIhm5 r Ids 3,15.5(1 derma 0pp1.pa1'na to inn -ylr that the standards affect location. Iayatl and design It Ihn LJSL prior tµ Anoi00 IIon ar-C apn,rul'nn. Croon ayorel.onsl, the open non o1100 LICE pemNoed shall 0011!0,05 th thane a50n40101 A. thus E. - No change. Delete G- andlt. Add G. t9 read ae follows, f. Up to rave 191 COMMERCIAL VEHCCLES associate: era rho zoning permit USE 5101; 010'idrru0 to Es parked on -site. Amend $eo 2.7.-a 197,0_ App acalln, regplrenxnrc, to read as tolneve- Tha Sollovan11 s11all be c ubm'h od as a part of a ronlT perrrdl appltat-ton: A. and B. - No change. G. A 200115 Fermi Plan of 1 he property, 0 drag of vunlrh 19,11110 suEjrtine" in elentsenir (pony format and h n prove0 she I be s1 ratted on lrlylar or Whet droll 0110 media apprcttiad loy the Bhparimen[ o' Planing Serviraa T41h toning Ptr-°l Flan shall in:ile e applicable 1. Enioti00 and proposed 31 RI3C ILRES eon aoprbxinwle dislancno to :hr nearest property 110,11. All SIRU.0715ES to- be u;ol • X00100 w:E 111,1 wring permit shall mewl current $ETBAC KS end OFFSE1S. 2. wry 7. -:uo P'hanpe. D. 1m J.- N8 along e. Add K. and L, to mad as rollaw5; K. theapplioanl sha'I oravidaa non alive w preliminard -dram-raga study rri dccar'ans_'wilh 114 slomlwa'.er dr00060 cn1010 raga eras o1 this lar0 e_ L Any oR-SE, end no-a;ra lc -proven -ants Agreement .hall Le ,neon in co. -for -Yu nee with the County policy on _ollaleral Ids on: Amend Ssr,.'-4-IBan, Conditions, enl4•cement, end reca valran nt ¢anted canoe, to read an follows: Ihn A. . O. - No ehrn0�1e. L CSinshµct,rn qr U$i pn:scant 1 G unnerinn of a zoning perrng Shall he commenced yelh!n 1 hree {`3l wears thorn [hinds.. of a 2A s1 et :ha rsmrh. A'one--sane oxtennion o1 ten hit horee rwenly (12Q days may be granted by 1411 Cloud -moat of Planning San -loan 14r rt4nd cause shown by rvrdren r nun--: 6510,0 Lore nlrlansion has 9zpred: the apphr..nl n.dy S2"l a lurfher 2xtrin1,on 42, I1, h oard of Go'n:y Co'rmlaEio,: e,s ny w,'r'on r9enn1 ee the Elneclor of Plenrinq Een:loos. rl hie Boar4 of L=dump Comrnieeiw,no,, denies the oxrens0cn 0.' I ocher, uuidn has nor ccrnm aced by mu dale ,pant -fro oy ma duo j, me craning perm,, 001,10 al sna, ✓ oided. and 111n 0015 of atlas pemailHer of Secnen - 110. chancy. Amend $ec_ 23-0.20. Aopo0Lc of cumin: _l'at.in uacisinns, as read as 10lo'us- Appeals to the Eoatd d Atdjustrleer,l orvught 02de1 Lee 1311015:eats d Seaton 33-6.10A atone shall be made w.ih:n Inlay 5301 dye or a0 arose. reauiremenl, 000.1101 or refusal alleged to be an error. ace eats rI shmRllslratiwe 01r03lona shall be made and pra0iased a9 war Ir'd, 0Ndw. A. and B,- No change. C. Du;l0s of :ho Board ofAd-us"anen1. Thu Huardorfl0lustrnent shall halo a.^-Wo1,0 heenng to carioca, the appeal No corsunir ▪ n, e ri four 14',, m 0 errdere 01 the 300. d1 Adlu0lment 00011 hp neresrary ie c ass In heciIn l2tauor at th n eepnnhn r on any alma, • ednunishative Eledson. The Board's drocu:o.n shall bo heeled only spurn '00k,nlo,nlauty' pruSesYled Al Lie public I: Baring dhd Ie rnl2rparlalbn or 53111511+1.22 nI !Inn Coots Al tek'.CAp 0201011023,c. 23.117 sod 2-.1.E HE IT FOP 11109 C IDAINED by ma Berm liar 1,0 Gifoa !biro Rdmm ho. 119 neredy -.5, '51¢0102 m 11 rarrje rnr MLaiaode it 5Vponl leenl 11:0 trywd 00'11111' COdo 4:1111111 a,nor1amenl5 diotalned heq.:n, to 001,0611 with 000111 0, artlCen, Cirisicnc, aecl'or 010 aabhemtene ae lrldy culrenlly ojnint win1111 said Cede: and to for, dve any ,nco'Scclencla ree.ardang 220lalizglian, gran-ar *, r numie11n0 or ploaemeld of cnsp'oro, rvtlmaa, 110ialana. seaan.5, and subsections in said Cob (or one reason trald c,' de2ldedrla Lie onoono1''Inllor-al- such udecision 3131 not alfaol Ito validly of the retraining oarti3n0 101001 The Bound of Canny Commissioners nonwy Sodded¢ mat i1 woo in nave enacted 11,11 Crn:naren In roan and olery seclicn, s0N3*,t ion, pa mprspa, semen¢. clansc. and p rraoo thdrN1 lrraspe0M.e of lip Mot Mat any are or more 0011Cne, 0 Fny,rTians pernyrnpts, eegtences, claa.ue, 0, ph: aces might IN declared to Vie onwnn .l,,ticnal qr invalid. 'The irihune . JunEXX, 2919 NOTICE OF FIRST READING OF ORDINANCE Pursuant to the Weld County Home Rule Charter, Ordinance Number 2019-02 published below, was introduced and, on motion duly made and seconded, approved upon first reading on April 29, 2019. A public hearing and second reading is scheduled to be held in the Chambers of the Board, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631, on June 10, 2019. All persons in any manner interested in the reading of said Ordinance are requested to attend and may be heard. Please contact the Clerk to the Board's office at phone (970) 400-42.25, or fax (970) 336-7233, prior to the day of the hearing if, as the result of a disability, you require reasonable accommodations in order to participate in this hearing. Any backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter may be examined in the office of the Clerk to the Board of County Commissioners, located within the Weld County Administration Building, 1150 O Street, Greeley, Colorado, between the hours of 8:00 a.m. and 5:00 p.m., Monday thru Friday, or may be accessed through the Weld County Web Page (www.weldgov.com). E-mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your e- mail correspondence into the case file, please send a copy to egesick@weldgov.com. ORDINANCE NO. 2019-02 ORDINANCE TITLE: 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 DATE OF NEXT READING: June 10, 2019, at 9:00 a.m. BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO DATED: May 3, 2019 PUBLISHED: May 15, 2019, in the Greeley Tribune 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 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. 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. A. 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. B. REPEALED. C. REPEALED. 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. 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). 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 Equivalents 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 i I 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 Less than 640 640 Gross Acres Gross Acres, or a Gross Acres, or a or Greater, or a Minimum of 120 Minimum of 320 Minimum of 1 Gross Acres Gross Acres Section Table 23.18 ANIMAL UNITS in the E (Estate) Zone District Number of Animals Equivalent to One Maximum Number Per Gross ANIMAL UNIT Acre Remainder of Table 23.1 B — No change. Table 23.1C ANIMAL UNITS in the R-1 (Low -Density Residential) Zone District Number of Animals Equivalent to One ANIMAL ? Maximum Number Per UNIT LOT Remainder of Table 23.1C — No change. Delete Table 23.1D. 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 (1/2) 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 SINGI E -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. 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. BASF FL OOD: The FLOOD having a one -percent chance being exceeded chance of being equaled or 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. BIOS0LIDS: 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 linl Inre" •nra rlafinarl in r D C Cimm+inn AA_Q_I r]4/'21l1 "rarmen4mA rr,.n14 heifer.nneo" nre ninfinerl in IIMIAVIJ Gi1G 1.1GIU IV\A III V.1 \. V. VVVLIVII ZZ-V- I I GI II IGI ILG1.I I I IGIIL IJG VGI GIWGJ GIIG VGI II IGV II I 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. Wait 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). 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 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. 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 23-10. 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. 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. 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 riot 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. C.OIVUVIERCI 4L 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. 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. CRAWLSPACF PPI OW GRADE. A RFI OW GRADE CRA1,A LSPACE is a cr awispace 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. 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, not - pumping o e �+..,,..� 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; 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. 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 arty 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). 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 nwwLLlnir TWn-FAMuL vmr 1pr PX 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. FNri C SFf. - kin 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". 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. 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. 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 (1/2) 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; 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 faster 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); 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. 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. 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. HOTEUMOTEL: - 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. 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 which is used for the production of electrical energy from energy collected by the sun including solar energy collectors, power generation facilities, facilities for storing and transforming energy, other appurtenant facilities and any transmission lines, which is developed for the purpose of supplying or distributing electrical energy to users, a customer or customers and will have a rated capacity greater than thirty (30) megawatts. This designation shall not include roof and/or ground mounted solar systems located on permitted principal and accessory BUILDINGS and designed to supply power to the principle USE(S) on site. Large Scale Solar Facilities are permitted in all zones through permits issued pursuant to the procedures found in Chapter 21 of this Code. 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. 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. 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 which is used for the production of electrical energy from energy collected by the sun including solar energy collectors, power generation facilities, facilities for storing and transforming energy, other appurtenant facilities and any transmission lines under 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. 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. 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 23-1E. 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. PET CREMATORY: 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. 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. HLC HLAT IUNAL VEHILLL: 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 thins. 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 homers for individuals that are WI 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. 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 I 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 ed 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 PL ANT: - 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. 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 which is used for the production of electrical energy from energy collected by the sun including solar energy collectors, power generation facilities, facilities for storing and transforming energy, other appurtenant facilities and any transmission lines under 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 FLnnnhN(. 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,foundations piers or or the CrCC;tlVfl 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 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. 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 fora 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 extend distance _ r'1""• �"�'� beyond the limits of the CONICAL SURFACE, a UlsianCe 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. 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. 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 hefnre the snherliilerl Planning Commission niihlir, hearing. Slir.h nntir.Q i not rPnliirPri by ctnta 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. A �_n i s_ the applicant c� _e_ •r a•__ e_.. _ - r� 1 . A sign shall be posted for LI a applicant on LIIe properly 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. 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 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. 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. E. REPEALED. F. REPEALED. 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. 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. 4, The following certificates shall appear on the map: a. thru d. — No change. 5. REPEALED. 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. 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. 12. REPEALED. (See Section 23-2-20.B.7.) 13. The application fee. 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. 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 the USES 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. 1. 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 be following �� iy supporting 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 man The applicant shall apply and receive building for ll �r••-rr.•�•�� • apply for and receive a uu1IU11ICJ. permit 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. 3. REPEALED. (See Section 23-4-30.) 4. REPEALED. (See Subsection W.9) 5. — No change. 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 USE❑ 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., G.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. 8. REPEALED. (See Subsection Q above.) 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. 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. BB. REPEALED. CC. REPEALED. (See Subsection W.11.) DD. REPEALED. (See Subsection Q.) EE. 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 approval of a Site Plan Review. 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. FF. The names and addresses of any owner, operator, or user of any irrigation ditch, lateral, or pipeline that traverses the property. 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. Add 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. C. (Repealed.) D. (Repealed.) E. (Repealed.) 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, 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). 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. 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: 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 4,., Special �.-...'...., �_ demonstrate Use by Review shall demonstrate uumpliance 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 ail 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 "ppendixes 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. A statement explaining that the 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. B. REPEALED. (See Division 5 of this Article.) 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 fnilnwing siinnn,rf_ing rinriimpnts shall hP siihmittpri as a nark of the annlir.tinn aYrpnt fnr thrsA 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 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. 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: 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. REPEALED. 7. — No change. F. REPEALED. G. 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 23-2-260.0 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: 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. REPEALED. F. REPEALED. G. — No change. H. REPEALED. I. 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. J. 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 L 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, 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. 15. REPEALED. K. 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. L. 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. M. 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. F. REPEALED. 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. C. REPEALED. (See Sections 23-2-380 and 23-2-390.) 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. 7. REPEALED. 8. REPEALED. (See item 1.) 9. REPEALED. (See item 2.) 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. 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. 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: 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 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: 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. 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. 1 thru g. — 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. 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 anrdl (undirected businesc industrial and residential '1""'• •� and residential III GI 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. 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 FM -ZING, HUNTING,and i„vmmerrciai 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 chili 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. K. One (1) SINGLE-FAMILY DWELLING and AUXILIARY QUARTERS, 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. O. REPEALED. P. REPEALED. Q. REPEALED. R. REPEALED. S. REPEALED. T. REPEALED. U. REPEALED. V. REPEALED. W.REPEALED. X. REPEALED. Y. REPEALED. Z. REPEALED. AA. REPEALED. BB. REPEALED. CC.REPEALED. 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 XVlll 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. Parking areas and parking STRUCTURES, including parking of one (1) COMMERCIAL VEHICLE per LEGAL LOT. F. Up to two (2) SEMI -TRAILERS USED as ACCESSORY storage per LEGAL LOT. G. STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3-20. H. WIND GENERATORS allowed as ACCESSORY USES in Section 23-4-450 of this Chapter. I. REPEALED. J. REPEALED. K. REPEALED. L. REPEALED. M. REPEALED. N. REPEALED. O. REPEALED. P. REPEALED. Q. REPEALED. R. REPEALED. Add 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 usepermit the Department of P� from 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 permitter) under Divislnn 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. BED AND BREAKFAST FACILITIES permitted under Division 17 of Article IV of this Chapter. E. Disposal of BIOSOLIDS and/or DOMESTIC SEPTAGE permitted under Chapter 14 of this Code. F. BREW PUBS, BREWERIES, DISTILLERIES, and WINERIES permitted under Division 17 of Article IV of this Chapter. G. COMMUNITY BUILDINGS permitted under Division 17 of Article IV of this Chapter. H. CONTRACTOR'S SHOPS permitted under Division 17 of Article IV of this Chapter. I. CUSTOM MEAT PROCESSING permitted under Division 17 of Article IV of this Chapter. J. Farm equipment sales, repair and installation facilities permitted under Division 17 of Article IV of this Chapter. K. Golf courses permitted under Division 17 of Article IV of this Chapter. L. Grain, seed, feed, and fertilizer retail and wholesale sales permitted under Division 17 of Article IV of this Chapter. M. HOME OCCUPATIONS permitted under Division 13 of Article IV of this Chapter. N. Keeping between five (5) and eight (8) HOUSEHOLD PETS of one (1) species, or between eight (8) and sixteen (16) HOUSEHOLD PETS of two (2) or more species and, in addition, up to thirty (30) birds, permitted under Division 17 of Article IV of this Chapter. n LANDSCAPING r'rOMPANIEC permitted under Division 17 of Article • +.+.nR rig pit -..a peri l iiLlGlA Division h1f uGIE' IV of this Chapter. P. LIVESTOCK salebarns permitted under Division 17 of Article IV of this Chapter. Q. MANUFACTURED HOMES and STRUCTURES permitted under Division 3 of Article IV of this Chapter. R. NONCOMMERCIAL TOWERS between seventy (70) and one hundred thirty (130) feet in height permitted under Division 10 of Article IV of this Chapter. S. OIL AND GAS FACILITIES permitted under Division 10 of Article II of this Chapter. T. PIPELINES - NATURAL GAS or PIPELINES - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS permitted under Division 11 of Article II of this Chapter. U. RECREATIONAL FACILITIES, PUBLIC and PRIVATE, permitted under Division 17 of Article IV of this Chapter. V. One (1) second SINGLE-FAMILY DWELLING per LEGAL LOT, subject to the provisions of Division 8 of Article IV of this Chapter. W.SHOOTING RANGES permitted under Division 17 of Article IV of this Chapter. X. SMALL SCALE SOLAR FACILITIES permitted under Division 17 of Article IV of this Chapter. 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 RrIARDINlG and animal TRAINING FACll ITIFC where the, number of i •v�� . .vv where V maximum number �.4+V� V� 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. B. Asphalt or concrete batch plants. C. CAMPGROUNDS. D. More than the number of CARGO CONTAINERS allowed by Section 23-3-30. E. CHILD CARE CENTERS. F. COMMERCIAL rodeos and COMMERCIAL roping arenas. G. Parking of more than the number of COMMERCIAL VEHICLES allowed by right or by permit. H CEMETERIES. I. CHURCHES. J. COMMERCIAL RECREATIONAL FACILITIES. K. CORRECTIONAL FACILITIES, subject to Article XV, Section 15-5, of the Weld County Charter. L. EVENT FACILITIES not agriculture -related. M. Keeping, raising or boarding of EXOTIC ANIMALS. N. BUSINESSES. O. HELIPORTS. P. KENNELS, subject to the additional requirements of Section 23-4-400. 0. LIVESTOCK CONFINEMENT OPERATIONS, subject to the additional requirements of Section 23-4-350. R. LUMBERYARDSIWOODWORKING. S. MAJOR FACILITIES OF PUBLIC UTILITIES OR PUBLIC AGENCIES in accordance with Division 5 of Article II of this Chapter. T. MEDIUM SCALE SOLAR FACILITY, subject to the additional requirements of Section 23-5- 1030. U. Open MINING and processing of minerals, subject to the additional requirements of Article IV, Division 4, of this Chapter. V. MULTI -FAMILY DWELLINGS for persons PRINCIPALLY employed at or engaged in FARMING. W,NONCOMMERCIAL TOWERS requiring approval of a Use by Special Review. X. OIL AND GAS STORAGE FACILITIES. Y. OIL AND GAS SUPPORT AND SERVICE. Z. ORGANIC FERTILIZER PRODUCTION/COMPOSTING FACILITIES. AA. OUTDOOR STORAGE of PUBLIC utility -related equipment. BB. PIPELINES - DOMESTIC WATER in accordance with Division 6 of Article II of this Chapter. CC. Private SCHOOLS, DD. RACING FACILITIES. EE. REPAIR SERVICE ESTABLISHMENT. FF. RESEARCH LABORATORIES. GG. RESIDENTIAL THERAPEUTIC CENTERS. HH. More than the number of SEMI -TRAILERS allowed by right or by permit. II. 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. JJ. TELECOMMUNICATION ANTENNA TOWERS requiring approval of a Use by Special Review. KK. TRANSLOADING. LL. USES similar to the USES listed as permitted as long as the USE complies with the general intent of the Zone District. MM. WIND GENERATORS requiring the issuance of Special Review Permit under Division 6 of Article IV of this Chapter. Add 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. 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 and AUXILIARY QUARTERS, FOSTER CARE HOME, or GROUP HOME per LEGAL LOT. J. TELECOMMUNICATIONS ANTENNA TOWERS no taller than thirty-five (35) feet. (See Article IV, DIVI7IOII IU, of llll L"illaptel.) 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. OFFICES. D. 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. E. Parking areas and parking STRUCTURES, not including parking of COMMERCIAL VEHICLES. F. STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3-45. G. WIND GENERATORS allowed as ACCESSORY USES in Section 23-4-450 of this Chapter. Add 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. BED AND BREAKFAST FACILITIES permitted under Division 17 of Article IV of this Chapter. C. BREW PUBS, BREWERIES, DISTILLERIES, and WINERIES permitted under Division 17 of Article IV of this Chapter. D. Parking of one (1) COMMERCIAL VEHICLE per LEGAL LOT permitted under Division 12 of Article IV of this Chapter. E. COMMUNITY BUILDINGS permitted under Division 17 of Article IV of this Chapter. F. CONTRACTOR'S SHOPS permitted under Division 17 of Article IV of this Chapter. G. Farm equipment sales, repair and installation facilities permitted under Division 17 of Article IV of this Chapter. H. Golf courses permitted under Division 17 of Article IV of this Chapter. I. HOME OCCUPATIONS permitted under Division 13 of Article IV of this Chapter. J. 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. K. MANUFACTURED HOMES and STRUCTURES permitted under Division 3 of Article IV of this Chapter. L. NONCOMMERCIAL TOWERS between seventy (70) and one hundred thirty (130) feet in height permitted under Section 23-4-895. M. OIL AND GAS FACILITIES permitted under Division 10 of Article If of this Chapter. N. PIPELINES - NATURAL GAS or PIPELINES - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS permitted under Division 11 of Article II of this Chapter. O. RECREATIONAL FACILITIES, PUBLIC and PRIVATE, permitted under Division 17 of Article IV of this Chapter. P. One (1) SEMI -TRAILER USED as ACCESSORY storage per LEGAL LOT permitted under Division 11 of Article IV of this Chapter. Q. SHOOTING RANGES permitted under Division 17 of Article IV of this Chapter. R. SMALL SCALE SOLAR FACILITIES permitted under Division 17 of Article IV of this Chapter. 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. I-11,111.11/-11--QOARDiNG and O11111 -G11 TOle"1i1Ali1 YlG FACT LI TIEyC.7 VVI 'GIG LIIG 1114A1111W111 IIUI I ILMI VI 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. LIVESTOCK salebarns. Q. KENNELS. R. ORGANIC FERTILIZER PRODUCTION/COMPOSTING FACILITIES. S. OUTDOOR STORAGE of PUBLIC utility -related equipment. T. Private SCHOOLS. U. REPAIR SERVICE ESTABLISHMENT. V. RESIDENTIAL THERAPEUTIC CENTERS. W.RESTAURANTS. X. One (1) second SINGLE-FAMILY DWELLING per LEGAL LOT, subject to the provisions of Division 8 of Article IV of this Chapter. Y. More than the number of SEMI -TRAILERS allowed by right or by permit. Z. USES similar to the USES listed as permitted as long as the USE complies with the general intent of the Zone District. AA.WIND GENERATORS requiring the issuance of Special Review Permit under Division 6 of Article IV of this Chapter. Add 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 AIRSTRIPC including .-., ... , ,ding y crop -dusting operati ons. 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. N. Parking of more than the number of COMMERCIAL VEHICLES allowed by right or by permit. O. CUSTOM MEAT PROCESSING. P. Disposal of DOMESTIC SEPTAGE AGE permitted under Chapter 14 of this Code. Q. EVENT FACILITIES not agriculture -related. R. Keeping, raising or boarding of EXOTIC ANIMALS. S. FUNERAL HOMES or mortuaries. T. Grain, seed, feed, and fertilizer retail and wholesale sales. U. HELIPORTS. V. HOME BUSINESSES. W.HOTELS/MOTELS. X. LANDSCAPING COMPANIES. Y. LIVESTOCK salebarns. Z. LUMBERYARDSIWOODWORKING. AA. KENNELS. 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. f!f! inceI niC kITI A I TLJCM A MCI kITCMC VV. I\L1.71 LJLIY 1 IP'1L 11111_1V -1r Li -PIP..., 4,L..IY I L1' J. 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 allowed by right or by permit. LL. TRANSLOADING. MM. USES similar to the USES listed as permitted as long as the USE complies with the general intent of the Zone District. NN. WIND GENERATORS requiring the issuance of Special Review Permit under Division 6 of Article IV of this Chapter. Add Sec. 23-3-70. Bulk requirements. The following lists the bulk requirements for the A (Agricultural) Lone 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. 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. 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 23-3-110.8, 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. 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. 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. 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. TRIPLEX DWELLINGS and 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. 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. 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 11, 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. TRIPLEX DWELLINGS and 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. 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 I OT area as rletailedd in Subparagraph D ahovm 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. 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 1V 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 li 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 A. B. Requirement R-1 Minimum LOT size (sq. ft.) Minimum LOT area per DWELLING UNIT (sq. ft.) Minimum LOT width D. Minimum SETBACK (feet) E. Minimum OFFSET (feet). F Maximum BUILDING HEIGHT 30 30 30 45 (feet) R-2 R-3 R-4 j R-5 6,000 I 6,000 , 6,000 6,000 I 3,000 3,000 6,000 6,000 1,500 3,000 50 50 50._._._ 50 50 20 20 20 20 20 T-- 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. G. H. Maximum LOT COVERAGE (%) ! 50 I 60 I 60 70 60 Maximum number of ANIMAL j Two (2) per LOT in R-1 Zone District, ANIMAL I UNITS permitter] nPr I ClT 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. 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. 2. REPEALED. 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. 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. 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. o roCC'IIICI.ITI A I TLICI71A MCI IT I/• l'.CA ITCIDC V. f\LVILJLIV I Ir1L I I IL. rr rLLLV I IV VCIN I CL1V. 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. G. REPEALED. H. REPEALED. 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. 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. ❑. 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 I-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. 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. G. REPEALED. H. REPEALED. 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. 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. 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. CEMETERIES. 3. KENNELS. 4. Open MINING and processing of minerals. 5. PIPELINE - DOMESTIC WATER in accordance with Division 6 of Article II of this Chapter. 6. RESIDENTIAL THERAPEUTIC CENTERS. 7. TELECOMMUNICATIONS ANTENNA TOWERS over seventy (70) feet in height. 8. USES similar to the USES listed as permitted as long as the USE complies with the general intent of the Zone District. 9. Veterinary clinics or animal hospitals. 10. WIND GENERATORS requiring the issuance of Special Review Permit under Division 6 of Article IV of this Chapter. G. REPEALED. H. REPEALED. 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. 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 Iona 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. G. REPEALED, H. REPEALED. Amend Sec. 23-3-250. Bulk standards. Ali 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. 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. 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. 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. Police, ambulance, and fire stations or facilities. 22. RECREATIONAL FACILITIES, COMMERCIAL, PUBLIC and PRIVATE. 23. REPAIR SERVICE ESTABLISHMENT. 24. RESTAURANTS. 25. RETAIL/SERVICE ESTABLISHMENTS with a total GROSS FLOOR AREA of up to three thousand (3,000) square feet per LEGAL LOT. 26. SCHOOLS, private. 27. SMALL SCALE SOLAR FACILITY. 28. THEATERS and convention halls. 29. VEHICLE RENTAL, SALES, SERVICE and/or REPAIR ESTABLISHMENTS. 30. Veterinarian clinics and animal hospitals. 31. WHOLESALE TRADE ESTABLISHMENTS. D. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in the 1-1 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 I-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 1-1 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. CHURCHES. 3. CORRECTIONAL FACILITIES, subject to Article XV, Section 15-5, of the Weld County Charter. 4. DOMESTIC SEPTAGE disposal subject to Chapter 14 of this Code. 5. MEAT PROCESSING. 6. MEDIUM SCALE SOLAR FACILITIES. 7. Open MINING and processing of minerals. 8. PIPELINE - DOMESTIC WATER in accordance with Division 6 of Article II of this Chapter. 9. RESEARCH LABORATORIES. 10. TELECOMMUNICATIONS ANTENNA TOWERS over seventy (70) feet in height. 11. USES similar to the USES listed as permitted as long as the USE complies with the general intent of the Zone District. 12. WIND GENERATORS requiring the issuance of Special Review Permit under Division 6 of Article IV of this Chapter. G. REPEALED. Amend Sec. 23-3-320. 1-2 (Medium Industrial) Zone District. A. Intent. The purpose of the I-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, 1, AGRICULTURAL PRODUCTION. 2. Any USE of a research, repairing, manufacturing, fabricating, assembling, processing, or storage nature. 3. BIOSOLID and DOMESTIC SEPTAGE disposal subject to Chapter 14 of this Code. 4. BREWERIES, DISTILLERIES, and WINERIES. 5. CAR WASHES and gas stations. V. C JI�VIIVIER\^.,IAL STORAGE #3111LDIIVii�. 7. CUSTOM MEAT PROCESSING. 8. DISTRIBUTION CENTERS. 9. Farm equipment sales, repair, and installation facilities. 10. Grain, seed, feed, and fertilizer retail and wholesale sales establishments. 11. Golf courses. 12. Headquarters or service facilities for taxi services, bus services and other services involving the transportation of people. 13. HELIPORTS. 14. INDOOR SHOOTING RANGES. 15. LANDSCAPING COMPANIES. 16. LUMBERYARDS/WOODWORKING. 17. OFFICES. 18. OIL AND GAS SUPPORT AND SERVICE. 19. OIL AND GAS STORAGE FACILITIES. 20. OUTDOOR STORAGE. 21. OUTDOOR STORAGE of PUBLIC utility -related equipment. 22. ORGANIC FERTILIZER PRODUCTION/COMPOSTING FACILITIES. 23. Parking areas and parking STRUCTURES. 24. Police, ambulance, and fire stations or facilities. 25. RACING FACILITIES. 26. REPAIR SERVICE ESTABLISHMENT. 27. RETAIL/SERVICE ESTABLISHMENTS with a total GROSS FLOOR AREA of up to three thousand (3,000) square feet per LEGAL LOT. 28. SMALL SCALE SOLAR FACILITY. 29. TRANSLOADING. 30. THEATERS and convention halls. 31. 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. Asphalt or concrete batch plants. 2. Coal gasification facility. 3. COMMERCIAL JUNKYARDS. 4. COMMERCIAL SCHOOLS. 5. COMMERCIAL TRUCK WASHOUT FACILITIES. 6. CORRECTIONAL FACILITIES, subject to Article XV, Section 15-5, of the Weld County Charter. 7. MAJOR FACILITIES OF PUBLIC UTILITIES OR PUBLIC AGENCIES in accordance with Division 5 of Article II of this Chapter, 8. MEAT PROCESSING. 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. G. REPEALED. Amend Sec. 23-3-330. 1-3 (Heavy Industrial) Zone District. A. Intent. The purpose of the I-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, 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. 2? OFFIr-F. 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. 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 areac. 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. 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. Open MINING and processing of minerals. 8. PETROLEUM REFINERIES. 9. PIPELINE - DOMESTIC WATER in accordance with Division 6 of Article II of this Chapter. 10. 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. 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. G. REPEALED. 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. REPEALED. Amend Sec. 23-3-360. REPEALED. Division 5 - E (Estate) Zone District 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. Add 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 and AUXILIARY QUARTERS, FOSTER CARE HOME, or GROUP HOME FACILITY per LEGAL LOT. G. UTILITY SERVICE FACILITIES. H. REPEALED. I. REPEALED. J. REPEALED. K. REPEALED. Add 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. 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. G. REPEALED. Add 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. HOME OCCUPATIONS permitted under Division 13 of Article IV of this Chapter. B. One (1) NONCOMMERCIAL TOWER between forty (40) and seventy (70) feet in height per LEGAL LOT permitted under Section 23-4-895. C. OIL AND GAS FACILITIES permitted under Division 10 of Article II of this Chapter. D. Parking of one (1) COMMERCIAL VEHICLE per LEGAL LOT permitted under Division 12 of Article IV of this Chapter. E. PIPELINES - NATURAL GAS or PIPELINES - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS permitted under Division 11 of Article II of this Chapter. F. 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. I. REPEALED. J. REPEALED. K. REPEALED. L. REPEALED. M. REPEALED. 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. REPEALED. Amend Sec. 23-3-510. REPEALED. Amend Sec. 23-3-520. REPEALED. Amend Sec. 23-3-530. REPEALED. Amend Sec. 23-3-540. REPEALED. Amend Sec. 23-3-550. REPEALED. Add Sec. 23-3-560. - 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. 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. 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-1 R-4 nr R-5 One (1) nff-street loading spare 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. D — YV 1,.1 lal lge. 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. 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 '74 C GrJ-L. 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. 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. 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. 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 rnnstruntinn PYr.IuSiv_e of any filling hwrming mntinrling nr excavating cnlely fnr 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 ANDING SIGNS in the Commercial and Industrial Zone re)ist ices shall be fifteen II ( 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 Ill 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. 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 used for +h..� USE, is 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: 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 Commissionersshall give notice of the application n for a zoning ng permit lit 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, riot 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. 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 TEMPORARY housing for or 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 nntire 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. 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. 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. 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) ZUlle District as all OFFICE USE ACCESSORY to the USE allowed loy 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. 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. 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 See. 23-4-230. Delegation of authority. The Board of County Commissioners delegates the authority to issue a Zoning Permit for a MANUFACTURED HOME, MANUFACTURED STRUCTURE, or occupied RECREATIONAL VEHICLE which otherwise requires the approval of the Board of County Commissioners through a public hearing process to the Department of Planning Services upon a determination by the Department that: A. — No change. B. The Department of Planning Services has sent notice and not received signed notification of at least thirty percent (30%) of surrounding property owners within five hundred (500) feet of the subject property in opposition to the location of the MANUFACTURED HOME, MANUFACTURED S I RUCTURE, 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 goad 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 Section 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 of the SEMI -TRAILER as ACCESSORY storage on the surrounding properties and its compliance with the criteria set out in this Section. 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. 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 art 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. B. Application for a Special Review Permit or Zoning Permit, as required in Article Ill 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. 4. REPEALED. 5. REPEALED, 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: Table 23.3 WIND GENERATORS Lot Size (Gross Acres) Less than 2.49 Acres 2.5 Acres - 4.99 Acres 5 Acres and Above Accessory Use Zoning Permit for (Building Permit required f WIND GENERATOR 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 Up to 120 feet and below and rotor diameter 25 feet or less 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 Subsections 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 nonrefiective 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. 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. M. REPEALED. 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. 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. Add 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. 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. 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. REPEALED. Amend Sec. 23-4-610. REPEALED. Amend Sec. 23-4-620. REPEALED. Add Sec. 23-4-630. 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. 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. 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 'TE1nlI^lAV oil VVI IVGQIGdJ'..i I TELECOMMUNICATION ANTENNA TOWERS. 011U existing uUILDI"V'vv arid 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). 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 Zoning Permit for Accessory Use 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. 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. C L. VyLl l�.rl IGI IL V6ONJ. I I. 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. 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. 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. 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. 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. 3. A scaled Site Plan drawing of the subject property, showing ail 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 he IS4IIPri 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 SE I— RAILER 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. 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. L. REPEALED. (See Section 23-4-900.) Amend Sec. 23-4-920. 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. 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) flout 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 Section 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. 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 Section. 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. B. REPEALED. 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. 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. 1. — 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 (1 0) 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 Section 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 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 Section. 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. 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 requirements UNDERLYING ZONING and the +-�.. �p�..n�..+.. the requirements uo of the VIYULI\LIIIYV DISTRICT dflU Lfl� 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. 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 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 Ct l ikeI^cs VVith col i n i lei 1L of the hearing. Ig. 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. 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. 6. REPEALED. 7. REPEALED. D. Appruvai Ur UQiliai UI LI ICi LUI III IIv 11111. for d I IVIVIC OCCUPATION I ION shall Ue based on the following criteria: 1. and 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 li 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 Lace 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. 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. Add 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: 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. Add 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 23-4-1730 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. 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, including any conditions of approval, and 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. 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. The applicant shall provide a narrative or preliminary drainage study in accordance with the stormwater drainage criteria requirements of this Code. H. Any off -site and on -site Improvements Agreement shall be made in conformance with the County policy on collateral for improvements. 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: 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. 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. Sec. 23-4-1230. - Notification and appeal of denial. A. Once an application that is subject of this Division 17 is deemed complete by the Department of Planning Services, the Department of Planning Services shall send the application to applicable agencies listed in Appendix 23-G, as determined by the Department of Planning Services. The failure of any agency to respond within twenty-eight (28) days may be deemed a favorable response. All REFERRAL agency review comments are considered recommendations. The authority and responsibility for approval and denial of a zoning permit rests with the Department of Planning Services. B. The Department of Planning Services shall send notice, mailed first-class, to owners of LOTS within five hundred (500) feet of the subject property notifying them of the application and their opportunity to object to the issuance of the zoning permit, which shall be submitted by returning the signed form sent by the Department of Planning Services within twenty-eight (28) days. C. Within sixty (60) days of receiving a complete application, the Department of Planning Services shall provide a written report to the applicant and provide the applicant comments received from REFERRAL agencies and any objections received from the property owners notified. The applicant shall be given the opportunity to revise the application to address the concerns raised. If the Director of Planning Services is satisfied with the applicant's efforts to address all concerns, the Director of Planning Services may approve the zoning permit. If the applicant is unwilling or unable to address all concerns to the satisfaction of the Director of Planning Services, the Director of Planning Services shall schedule a public hearing before the Board of County Commissioners for its review and decision following a public hearing. 1. If scheduled for a public hearing before the Board of County Commissioners, staff shall send notice, mailed first-class, to the applicant and owners of LOTS within five hundred (500) feet of the subject property at least ten (10) days prior to the hearing. REFERRAL agencies with comments shall also be notified at least ten (10) days prior to the hearing. 2. The Department of Planning Services shall post a sign on the subject property indicating a hearing has been scheduled, the hearing date, and telephone number where further information may be obtained. The sign shall be posted at least ten (10) days prior to the hearing date and evidenced with a photograph. 3. The Department of Planning Services shall arrange for legal notice of said hearing to be published in the newspaper designated by the Board of County Commissioners for publication of notices at least ten (10) days prior to the hearing. 4. The Board of County Commissioners shall hold a public hearing and consider testimony of owners of surrounding property and REFERRAL agencies concerning the effects of the zoning permit on the NEIGHBORHOOD and its compliance with the applicable criteria set out in this Code. 5. Following the public hearing, the Board of County Commissioners shall adopt a resolution affirming its decision as to whether to approve or deny the zoning permit. The decision of the Board shall be final. 6. Notice is not required by state statute and is provided as a courtesy to surrounding property owners. Inadvertent errors by the applicant in supplying such list or the Department of Planning Services in sending such notice shall not create a jurisdictional defect in the permit process even if such error results in the failure of a surrounding property owner to receive such notification. 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 ��._ health, r_... r I welfare of r ADJACENT LOTS, offensive public healthI, safety and general wel are of the owners UI ADJ - . CIV I LO I , bUt.11 as offenisive 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 or 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 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. 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 2-4-4u 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. 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 purposes this Article V, certain term,, d. herein h _ it the purposes of Article terms I la or words used flE"fE3lTl 5rlal! 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. 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 Instru meat 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. 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. 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. 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 Lion L.dli be included. corporation r �� reu be iiruiuu�u. 2. A citation of the Code section which is the subject to the disagreement. 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 applicant 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. 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 inrluurie ail nrnnncari CTRI IIf_TI II?EC 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. 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. 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. 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 NONCONFORMI NCB IMF of lanri raacac fnr 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. 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. 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. 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. 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 yinIatnr fails to n.nrrAc.t the Vifli ATICIN within srirh tPn-rlav nArinri nr within any Px.tAnsinn nPrinrl 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 1L.. 1L. County All_.___.. L_11 I-..�- 1L. !A_..1 and 1 that the I_ summons, then the County Attorney snail so inform the I,UUrt and request tnat 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. Amend APPENDIX 23-C - PERMITTED SIGNS BY TYPE AND ZONE DISTRICT Amend APPENDIX 23-D - NUMBER AND DIMENSIONS OF INDIVIDUAL SIGNS BY ZONE DISTRICT AND TYPE Amend APPENDIX 23-E - PERMITTED SIGN CHARACTERISTICS BY ZONE DISTRICT Add APPENDIX 23-G - LIST OF REFERRAL AGENCIES 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. 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. 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 Ill 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. BE IT FURTHER ORDAINED by the Board, if any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The Board of County Commissioners hereby declares that it would have enacted this Ordinance in each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. Affidavit of Publication STATE OF COLORADO County of Weld, I Jennifer Usher ss. of said County of Weld, being duly sworn, say that I am an advertising clerk of THE GREELEY TRIBUNE, that the same is a three days weekly plus Sunday newspaper of general circulation and printed and published in the City of Greeley in said county and state; that the notice or advertisement, of which the annexed is a true copy, has been published in said daily newspaper for consecutive (days): that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice, and in the newspaper proper and not in a supplement thereof; that the first publication of said notice was contained in the Twelfth day of May A.D. 2019 and the last publication thereof: in the issue of said newspaper bearing the date of the Twelfth day of May A.D. 2019 has been published continuously and uninterruptedly during the period of at least six months next prior to the first issue thereof contained said notice or advertisement above referred to; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3,1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. May 12, 2019 Total Charges: $3499.73 12th day of May 2019 My Commission Expires 08/13/2022 Notary Public VICKIE G GARRETTS NOTARY STATE OF C COLORADO NOTARY ID 20144031754 MY COMMISSION EXPIRES AUGUST 13, 2022 FIRST READING OF ORDNANCE Pursuant to the "mead County ricotta Rule Cnartew, Ordinance Number 2019-02 published below, wart trir .iuue l r:d, on motfan duly made and seconded, approved upon first reading on April 29, 2019, A public hearing and second reach'f: ieduled fo be held in the Chambers of the Board, located within the Weid County Administration Building i i] O street', 0i e .(_)'; Colorado 80621,on June 1O. 20'19. All persons in any manner interested in the reading of said Ordinance are requested to attend and may be heard, Please contact the Clerk to the Board's office at phone (•970) 400-4225, Ot tea (97U) t.,6-223th prior to .he day of the hearing if, as the resort of e disability, you require reasonable accommodations in order to participate in this hear:kid Arty backup material, exhibits or information previously submitted to the Board of County Commissioners concerning this matter nay be examined in to office of the Clerk to the Board of County Commissioners, located within the Ytkirld ,County Administration Building, 1150 O- Street, 'Greeley, Colorado, between the hours of 8.00 aim, and 5:00 p.m., N onoay tht i Friday, of may be accessed through the Weld County Web Page (wet(wwisi weidgov.corn). E-mail messages sent to an individual. Con imissioner may not be Included in, the case file. To ensure inclusion) of your e-maii eorrespo, deraee Into the case file, please send a copal to egesic:tOweldgov, corn, ORDINANCE HO, 2019-02 ORDINANCE TI @L, IN THE MATTER Cr' FIEPE,AL)Nts AND REENACTING, WITH AMENDMENTS., C ap EEf( 14 i LA=_T r Ai ID ANIMALS, CHAPTER 23 ZONthiCi AND CHAPTER 29 BUILOlN NEOULATIONS, OF THE WELD COU ', ^> DA OF NERD RE aDlN a June 10.2019, at 9:00 a,m: BOARD CF COUNTY COMMISSIONERS WELD COUNTY COLORADO DATED May 3, 201x, PUl3e 1St tBD: May 12, 2019, in the Greeley iribrtns at THE rlFteEROFsIEPBA1Jtl3AltIDRE'xN C INC CHAPTER 2.3 ZONING AND :CHAPTER 29 WILDING FAlVItti1 ?3 ' t'NC #OA WELD COUNT/ E ORDINANCE 2019-02 ^JITH AMENDMENTS, CHAP FEE 1 IGULAi IONS, OF THE WELDCDLII iT\' COUNTY COMMISSIONERS Of' THE COUNTY OF WELD, STAY'- t"3,° C ' of County Co!nntiseansirs of the Countyof Weld. State of Colorado, pursuant to Colorado statute and Eire.. Welt) County Home Pale Charter, is vested with the authority of adr; roistering the. affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners, on December 26 2000, adopted Weid County Code Oilman a compr,hensive;Coos for the County of 'Weld, including the codification of all previously iously adopted ordinances or e ae dwai. and permanent nature enacted on or ❑etore said date of 'adoption; and IAS, the Weld County Code is in need of rev into and clarification with regard tr. procert ires tent a erya e _ci,tirnmerris NOW, "I EP,EI RE, SE `i' OiROA,NED by the Board of County Commissioners of the County o, Weld. State rat Cobdi alc. 1!at certain existing Citasar„rs o"the Weld County Code be, inn hereby are, repealed andfe-snacteu, with amendments, and the various Ghent ar'wised to reed as. ₹ollowvs, 'i tAPTPR 14 HEALTH AND t,NIlvr l : rR.mend Sc 14 ,)-an Era slurs,.to oof chid, s a luwtrr, for the or -die' M anerson hnv€rig ctxsr—ay of ,any dog to fat to control said dog vvrthin the Gounfy cycle po'Iions of the County saneoltare w,thin the city Wiltsof oorporated municipality within the County, A o her "r oth having custody of a dog ;halal be deemed no' to con₹rol a dog under the following cireurn t nr e A tnru-E r - niri change, 3. it shall be an affirmative, defense r' cc ,,iispsc' viol ai.oh of Fivaseetion A above if a Use 1„ Special Rwirete permit has been approved by.the Board of County Commissioners and a wrap recorded in the County Clerk and .Recorder's Office for -s icerinei in ordertc, exceed the maximum nurnber established in Chapters 14 and 23 of this Code. 6 It snail be an affirmative defense to an allegerl violation, of Subsection A above if a zoning paint. has been approved n; the Department of Planning Services or Board of County Commissioners in order to exceed the maximum aximurmt 'un'l vi establisiied in Chapters 14 and 93 of this Corte - . Remainder of Section-- No change. CHAPTER 2 ZONiNtri ARTICLE I µ General "td,ilrloris. Amend Sec.12D-1-2,0. Authority, The County is authorized by law to regulate zoning, planning; SUBDIVISION of lain and 31,11(1BLIII_DINCiS r fvixtue of Section ,a0- 28-101, et a i,:.R $ to regulate certain activities on and USES of lane, by.Sacu in 29-20-101. e "e -o to designate and administer areas and activities of state interest by Section 24-65.1-101. et eq.; C.R.3,: .o , .$Mart, PLANNED UNIT UNIT DEVELOPMENTS by Section' 2a-67-101, et seg.; C.1R,S, to establish the point at ,ch:tin stututr ry vesting occurs pursuantto Section 24-68-101, et seq, C:R. S.; and to exercise the powers of a Board of Health to adopt rules and regulations pursuant to Section 25-1 -508(5)(g), OR 5, in addition, the COUNTY is authorized to rsguiarezoninq pre rear, SUBDIVISION it land, and BUILDING'S by virtue of the Home Rule Charter. Should further authorizing legislation exist or be enacted, this Chapter is cattier arly oeemeo to be enacted pursuant thereto, except to the extent it may, be inconsistent therewith, Amend Sec. 231--50• Interpretat€on. A tram i No change- J. Ail USES listed in this Chapter are representative and are ric,t exclusive: fianen0 Sec, 25-1-80. implementation procecn aces, fia Repeal of Previous Zoning' Resolution: Applcableonly to 1961. Redistricting. The Official Weld Co arty Zoning. Resolution adopted May 29, 1961 was repealed on August 18,, 1981, The Official 'Weld County Zoning map in hard copy isispliced tivith the digitized version of this map that is maintained in joint cooperation with the Weld Courtly Asseeeor'e Office and the Weld County GIS ofl,,+: The ,rlcltized map is available electronically through the County-webpage and is updated p_riodically. Therepeal of the Official °Weld County Zoning Resolution Shan not prevent the prosecution and punishment of any person for anyyVIOLATION committed prior to its repeal and map amendment, The repeal of the Zoning Resolution snail not affect or repeal any conditions or standards imposed as a condition tot approval of any rand use decision by the Board of County Commissioner$ onorto the effective date of the Zoning Ordinance codified herein and any amendment thereto. B. REPEALED. C REPEALED, AmendSac'23.1_90 Definitions. The following specific words and phrases, when appearing in this Chapter inuppercasele tars shall have the meanings stated in this Section 100 -YEAR FLOODI A FLOOD.' having a recurrence interval that bias a one (1) percent chance of equaled or exceeded during any given year The terms `one hundred -year FLOOD" and "one -percent -chance FLOOD are synonymmous with the lean 100-YEAP FLOOD. The term does not imply that the FLOOD 'will necessarily happen once every one hundred 1100) years, 166 -YEAR FLOODPLA/Ah The area of land susceptible to being 'inundated as a result of the occurrence of the'100 YEAR FLOOD. 500 -',!EAR FLOOD, A FLOOD having a recurrence interval that has a two -tenths (0,2) percent chance of being equated or exceeded during -any Bien year. The term "0.2 -percent chance FLOOD" is synonymous with the term 502 -YEAR FLOOD. The term does not imply that the FLOOD will necessarily happen once every five hundred (500) years, 500 EAR FLOODPLAIN' The area of land susceptible to inundation as a result of the 500 -YEA -AR 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, o, is normally aside algid with the princ,ipa₹ BUILDING or USE, c. Contributes to; the needs of the occupants, business enterprise or industriar operation within the i-rtll4C.iPAi :BUILDING or USE served, and d. €s !abated on the 'tame LOT as the PRINCIPAL. BUILDING or USE. ADDITION. Any activity that expands the enclosed footprint or increases the horizontal square footage cif an existing STRUCTURE ADJACENT When used to indicate iand,in the immediate vicinityof 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 SIREEF/ROAD or ALLEY ADULT BUSINESS, SERVICE or ENTERTAINMENT 'ESTABLISHMENT: Arty business, minutes or entertainment establishment open to the public in ,which persons appear in a STATE. Cli- 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; AGRlCULi ljtA- PRODUCTION, Processing packing seating, mixing, and/or blending of crops anti tither plants grown on premises and/or processing, packing, sorting, storing, drying, mixing, blending, andr`or,selling of crops and other plants grown of premises and BUILDINGS and STPUCTIRES related trerato: AGRICULTURAL PRODUCTION does not include production of.. ethanol or alcoholic beverages. See also FARMING, AGR,Tsif, MENTlit t,JSE ACCESSORY to EARNING, open to the paying public, and typically ,r, ludirsg attractions such :h as amusement !ides corn mazes, haunted houses,petting zoos, and the like. AGRlTAlNlvlttNT :rtay,also include live entertainment. such as h-tusic tai of comedy performances but excludes rodeos and racing events. AOR17OURISM; A siSt. ACCESSORY:to FARMING offered as a vacation destination. open to the -paying publE, where guests experience lite on a tart;, or ranch and may include recreational attractions such as horseback' rides, hking, and the like. AGRITEJr!R. _ MVi axer: ides rodeos and racing events. AIRPORT Anytoz-raiay, situated on ,eater or rat d which is adapted for the landing and taking mfr of aircraft and which tray provide facilities for heit J, siipply and repair i. of aircraft rnf r a place USED regularly for. receiving or discharging passengers;or cargo IN err` Inciuden iii tend, BUILDIWAS. EFRUCTURES or other rrnproventents necessary or convenient in the eetabiishment and `operation 9 experience life on a farm or ranch and may include recreational attractions such as horseback rides, hiking, and the like V��r, AGRITOURISM excludes rodeos and raging events: AIRPORT My 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 passenger; or cargo by air Includes all land, BUILDINGS, STRUCTURES or other improvements necessary or convenient in the establishment and operation j. of an AIRPORT. Delete 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 j4,6901feet above MEAN SEA LEVEL). AIRPORT REFERENCE POINT The point established as the geographic center of the GREEL EY 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, 15N, R68W of the 6th RM.. Weld County, Colorado, and two thousand two hundred fifty (2,250) feet south a, the north line of said Section 2, which geographical coordinates are Latitude 40°26'8" north and Longitude 1074°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 OFA WATERCOURSE: Any DEVELOPMENT which changes the direction of flow of water in a river or stream. Any CHANNELIZAFION 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 teen and number used to establish an equivalency for various species of LIVESTOCK. The number of LIVESTOC ailowed by right is dependent upon bulk requirements of the A (Agricultural), E (Estate). and R-1 (Low -Density Residential) Zone DistricPermittforla LIVESTOCK CONFINEMENT OPERATION or ANIMTOCK.In excess of the bulk requirements for the AL ricultural Zone District shall BOARDING anda animal TRAINING FACILITY. All LIVESTOCK shall have the following ANIMAL UNIT equivalents and bulk requirements contained In Tables 23.1A, 23.1B, end 23.1C, below: Table 2 IA ANIMAL UNITS in the A (Agricultural) Zone District UNIT Equivalents Remainder of Table 23.1A - No change. Table 23,1B ANIMAL UNITS in the E (Estate) Zone District ANIMALUNIiEauivaten;s[KfumberotAnim-:(s-:,:uiwaI Remainder of Table 23.1 B - No change.. Mayimum Number of Animas 5Aore Number of Animals Less titan 92b I Less then 640 640 Gross Aores Equivalent to One ANIMAL Less Than 120 Gross Acres, or e I Gross Acres, or a or Greater, or e UNIT Gross Acres Minimum of 120 Minimum of 320 Minimum of 1 Gross Acres Gross A s Section _ Nilmber Pe: Table 23,1C ANIMAL UNITS in the R-1 (Low -Density Residen₹ial) Zone District I !ANIMAL UNIT Equivalents) Number of Animals Equivalent to One ANIMAL UNIT I Moximum NumberTerrOT — Remainder of Table 23.1C — No change. Delete Table 23.1D, 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 She 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 IFs) 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 palculating the number of ANIIv1AL.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 include; Such contiguity shall not be affected by the existence of a platted STREET/ROAD or ALLEY, a PUBLIC or private RIGHT -OF -WA' state or federal PUBLIC lands, or a lake, reservoir, stream or other natural or artificial waterway. ANIMATED S15N: 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 i from the end of the PRIMARY SURFACE and at the same slope as the APPROACH ZONE HEIGHT limitation slope set forth in j Division e of Article V of this.Ghaptec 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 I 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 e SINGLE-FAMILY DWELUNG which are arranged, designed, used or Intended for USE as a complete independent living facility for one (1) FAMILY., 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. 1. The AUXILIARY QUARTERS and the SINGLE-FAMILY DWELUNG shall be attached by common roof and foundation. 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 resuttin from a FLOOD that has a one -percent chance of equaling or exceeding that level in any given year.BASlevel) rst on all aides. The yfloor levelbelow the lowest floor of a residential BUILDING, incor main luding BASEMENr of a TS, shalltbeloor at least o 1ede (1) foot abbelow ove the round ASE FLOOD ELEVATION (SFE). Any crawl space with four (4) feet or more between the floor and the ceiling shall be considered to bin 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 sans! 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 mae 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 fe rented malt beverages are manufactured, except BREW PUBS. "Malt liquors" are defined in C.R.S. Section 44-3-103(301. "Fermented IT! beverages" ere 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, G.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). BUILDABLE LOT: A LEGAL LOT on which it is possible to design and construct a BUILDING in compliance with applicable require/nents of this Code and with any VARIANCES granted by the Board of Adjustment. A LEGAL. LOT may not necessarily be BUILDABLE LOT. BUILDING: - No change. Delete BUILDING ENVELOPE, BUILDING HEiC*111 The vertical distance from mean natural grade at foundation to the highest point of the roof or appurtenance 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. TRIBUNE Fl es are bought, sold or transferred in ownership on a fee, co tract SSORY USES in the A (Agricultural) Zone District. it DINGS inLN,rtinci but not limited Sc libraries, post offices, and 3ClLDIAK'' Sit' N Any SIGN -attached to a)ry part of a BUILDING, as contrasted to a FREESTANDING SIGN. Includes PROJECTION :IONS suaf'PADE C SIGNS and WALL SIGNS. tUiLd IAni UNIT For the purpose of obtaining a Weld Of and Gas Location Assessment,shall mean a Residential Building Unit a e awery five thousand (5,000) square fret of building floor area in commercial facilities or every fifteen thousand (16,000) square set of building f,00 r:area in warehouses that are operating and normally orcupled during working hours, StMt NG 4u a e roe 14/DPGROUNDi An area USED for TEMPORARY placement and occupancy of RErR TlONAL `VEHICLES or CAMP€NG tents Aerated on a COMMMMENGIAI oasis for USE by the public „4NrDFY SIGN; Any Still-i that is a pad of or attached to, an awning, canopy or other fabric, plastic or structural protective cover ever a door, entrance winnow or outdoor intone are,,., :ARGO CONTAINER: A receptacle with all of the following Characteristics; • Sc-,Sl c. NO change, 1 Designed to be is;=.so is fill a No change. ,1„ ,,,m51-1. r,,, establishment -providing rovidiing OCJMrMERCIAL cleaning of motorvehicies, not including SEMI -TRAILERS, "ICI, ON WHEELS /CCMi'a, A portable mobile „ellular site that provides temporary cap to ill year). of network and airerose coverage - o o bellow uric cellular cr,rerage z minimal or compromised ,' *ER✓. L -,,Id treed for the b ,tai of human remaine and dedicated for memorial purposes, whereby plots are reserved and. mile' Inch:ides oolumbaria..and mausoleums, r rr i d≥- tS „r COPY Site-?: A SIGN or por thereof with characters, letters or illustrations that can be changed or rearranged without. altering the'face c, lire 5(,rtaoe ,af tho Sicihit eiectrwnir or digital SIGN on which the message changes more than -six. evoiui, rn: „,a, ,minute sbarl vs considered en ANIMATED SIGN and not a CHANGEABLE COPY SIGN for purposes of this Chapter. `;Ni on which the on y copy r'fat changes is Cr, e,errr onic or mechanical indication of time or temperature shall be considered a aria eraturef portion, or a SIGN end not ic CHANGEABLE COPY SIGN for purposes of this Chaptet physical confine:; ore stream Or waterway consisting of a bed and stream banks and existing in a variety or ae rr trips At mtLIZf flow: The artificial creation, enlargement or realignment of a stream CHANNEL. ,, D C='IRE CENTER: a raomry, by whatever ,tame known which is maintained for the whole or part of a day for the care of five,. more ai,.Idren who are eighrew , (13) yers or age or younger and not related to the owner, operator or manager thereof. ,n-rl,e, such facility is operated wrtn or withoal compensation, for such care and with or'without stated educational proposers as ,rte le^inert in C.R.S.uect.un 26-0-102(5). CHURCH. A 13ta.cui -tG or -STRUCTURE, or groups of BUILDINGS OF STRUCTURES, that by design and constructicrr a u priniariiy Mended. ter condor:Vino organized religious se „irtes and associated ACCESSORY USES, 7 lane Tiaq,e..:.. D. t and Use Process for (.:hurchies.. - r ewer-) CLu TL.I1 ,i ) . OLLt tO v. Locating rELr,.C,TMMtl L ✓i ION ANTENNAS or other wireless communications equipment for more than on arovider On asingle SlRUC'f.'—_ .L urr r'=F UAL A-- activity here go Ids, p carter pasi„ excluding those iu'_ FS listed Le:,,. f l feu+ rrY 311iLD/HOS: Governmental and n Kazis, ano quasi e ,Be ,C: AEU LDrNta5 for the ,,,ember - of a groupp. including but not ihr,iteo to community clubhouses own rzieownerel associations, fraternal.logges, grange Icalls, and agricultural organization offices. MEIRE4AL MESSAGE,Any ,cording logo or other representation that, directly or indirectly, names, advertises or calls on to a business, product, service or other Conine r I'll ecitivity, ArirviEfir,111AL JUNKYARD, An Open or ENCLOSED ,ED area where, any waste, ,lUniK o; used or secondhand materials are Icoughf, el exchanged, stored, baled, packed. ors -isumbled'or handled, including,:b:.t no/ twined to scrap iron and other metals, paper, rubber tires and bottles, A'',OMittEPGIAL, JUNKYARD also includes the eror.ge or.keeping of. DERELICT VEHICLES. IMEitiCIAL MINERAL DEPOSIT No change ERGO', SCNCOc A SCHOOL established to.provide on -site training of business, trade, commercial; industrial,riericai, al of artistic skills, ear as a beauty SCHOOL, ceramic iic curie or driving' SCHOOL. This definition applies to SCHOOLS that f and operated privately for profit and that do not typically offer a complete educational curriculum. This classification ,trues establishments thatprovide training in an activity Mar is not otherwise generally ally permitted in the zone district, Incidents! nsirC' ,tionai services in conjunction, with another primary USE., such a., HOTAF Blithn1ESSFS tett classes of six (6) or fewer etticients. shall not be considered a COMMERCIAL. SCHOOi., 11O/MiMECCIAL STORAGE BUILDINGS: A bU i GiNG or group of BUILDINGS consisting of individual, self-contained units leased> ter ENCLOSED self-service storage o€ personal property, - ,.OMMEPCiAL VEH/CLE: Any vehicle USED o' previously USED COMMERCIALLY, excluding those USES listed by right. inthe A Agricu tuail Zone District, A COMMERCiAt. l,ErflCt-E:shall Include, bur ,s not hurried to, semi -tractors and SEMI -TRAILERS, dump trucks, construction equipment, box'n,cits, tort lri.rolrs, and vehicles such as taxis and ride sharing vehicles USED to transport Jnseetiper., .or e fee. A COMMERCIAL VEliit,L- Shah not. be allowed to deteriorate to ths.. condition of a DERELIC1 VEHICLE: or be utilized as a storage Unit, unless the USE is allowed through the cone district For the purposes of enforcement, Two -axle passenger motor vehicles, as defined in Ii- ° . Section 42-1-102(58), which cCi,ici be utilized in everyday personal transport, and. rrhiun are USED COMMERCIALLY; such us but not girded' to taxis, ride sharing vehicles, arid work pick-up trucks, may be allowed n any cone district withoue,requirement of any permits provided they are operated solely by residents thereof. Delete -COMMON OPEN, SPACE. COI--IFLE"EAPPLICATION: - No change. COsaGRFr-r GS1'vT' PLAN: - No change, CGNOrTiury aL LETTER OP 11, A.P REVr :VON (CL OM1R)- FEMAs comment on a proposed project which does not revise an offectiva FLOODPLAIN ill v reap and would, upon construction, affect the hydrologic or hydraulic characteristics of a FLOODING source and Moe mug. in the ntodincatior, of the existing regulatory FLOODPLAIN. C11O1VICAL.=SURFACE. A surface extending outward and up -card 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. U,V/C,An.ZONE' T is area described as CONICAL ZONE in Section 23-5-20. Delete CONSERVATION EASENtn4NT Delete CONSTRUCTION TRAILER. CONTRACTOR'S SHOPS: - No change: CONi'ge C (MORAL F Crit Y - IJo change: COliNTY No change, ttfcvtH SPAC', PELD V GRADS: A BELOW GRADE CRAW LSPACE is a crawlspace that has an interior grade no more than two (2) feet lower tea„ tire ext nor grade and is below the BASE FLOOD ELEVATION, All BELOW GRADE CRAWLSPACES shall comply airtit TeChnicai Bulletin 1 as amended, of the Federal Emergency Management Agenoy. CPf FrS'At PACIL/TY' A STRI.ICTOrfE or related infrastructure but trot the land upon which it is, situated, that, if flooded, may result in, aigrilf(uaat hazards to public health and safety or interrupt essential services and operations for the COUNTY at any time before, during sot after . FLOOD. CRITICAL FACILITIES are classified under the following categories: (A) Essential Services, (B) Hazardous Materiaie, I(:) At -Risk Populations; and (D) Vital to Restoring Normal Services. • Fesential Sere oes CRITICALFACILITIES. IES, i) Essential Service, CraTICAL FACILITIES include, but are not limited to: a) public safety facilities such as police Stations, fire- and rescue stations, emergency vehicles and. equipment storage eitiergency operations s centers; bf Lt nergw <y medical facilities.such as HOSPITALS, ambulance service centers, urgent care centers with emergency treatment fun ions and non ambulatory surgical STRUCTURES, but excluding cliinics,: 400tors' offices and non -urgent sate medical, -,TRtiCT iRtcl that do not pttwide emergency treatment functions; c)itesigneted emergency shelters; d Communications systems suer, as main telephone hubs, broadcasting equipment for cable systems, satellite TV systems, irregular phone systems, television, radio and other types of emergency warning systems, but excluding the towers, poles, cables and conduits; e1 PUBLIC rtilriy plant facilities for generation and distribution, such as hubs, SEWAGE "TREATMENT PLANTS, substations and pumping rations )or warns power and gas. out not including the Sowers, poles, power lines, burled pipelines, t€ansrnission;tines, distribution lines and service tines, and n Air transportation lifelines such as airports (municipal and larger), helicopter pads end STRUCTURES serving emergency functions: and associated infraetruclure (aviation control towers, air traffic control centers and emergency equipment aircraft hangars). r, ) Spec -tile) exemptions to Essential Service-CRITai -tI: FACILITIES include wastewstertreatmentplants, nonpotable water treatncent pleats, hydroelectric pry vet gel eratiry plants a rd related appurtenances. 3) Public utilitypiant factories may he exempted ted from the definition of Essential Service CRITICAL FACILITIES if it is darnonatrated that the facility is seeiement of ce redundant system for which ic„ service will not be interrupted during a FLOOD. At a minntfum, 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 ha alternative facilities are either located outside of the 100 -YEAR FLOODPL.AiN or. are r n-iplianz with the provisions of this DRGmu1t'fCE, and an operations plan is in effect that states how redundant systems will provide serve_ to the affected area in the event of a FLOOD. Evidence of ongoing redundancy shall be provided upon request. b Hazardous Materials CRiTICAL FAOiLtTiES. I) Hazardous Materiale-CR1111CAL FACILITIES include, out are not limited to: a) Chernioal. and pharmaceutical plants - 0) Laboratories ocntsl otng highly volatile, flammable; explosive, toxic and/or water -reactive materials; 0) PET _;OLEUM REFINERIES; d) Hazardous waste storage and disposal sites: e)AboVeground gasoline or proparie storage or sales Centers; 5 Facilities which-producewhich-produce or toem cham/oets ih-aluentitieS in excess of regulated threshold itrrrite, if the owner of a fa nify is restaged by ()SHAW keep a Material Safety Data Sheet (MSDS) on file for any chemical stored or used in the workplace and the egiatereei ie _toma i„ ,i, men,. aerial to or'4 asterW ar., the .eraileted I bated States Environmental. Protection Agency Threshold t rwcveegro•.rru gasoline or propane storage or sores centers; t7 Facilities which prOdueae of More chemicals in quantities in excess of regulates/ threshold limits. If the owner of a facility is required by OSHA to keep a Material Safety Data Sheet (MSDS) on file for any cnernicai stored or used in the workplaceand the chemical is stored �y,' in quantifies equal to or greater than the regulated United States Environmental Protection Agency Threshold Planning C1uan₹ity for that chemical, then that facility will be considered a CRITICAL FACILITY r, 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; b3 BUILDINGS or other STRUCTURES containing hazardous materials for which if 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 poses major threat to the public; or ci Pharmaceutical sales, use, storage and distribution centers that do not manufacture pharmaceutical products: o. At'RiskPopulatioris CRITICAL FACILITIES- 1) ASrisk population facilities include, but are not limited a) Elder csre facilities, including nursing homes;, f Congregate care serving twelve f 12) or more individuals, including CHILD CARE CENTERS, FAMILY CHILD CARE HOMES and assisted ifeng facilities: and c) PUBLIC and private SCHOOLS, including preschools, K-12 SCHOOLS and before- and after -school daycare serving twelve (12) or more cttldren. d. CRITICAL FACILITIES Vitalto Restoring Nonnal Services. f);CRCmOALFACILITIES Vital to Restoring Normal Services include, but are not limited to a) Essential government operations, including public records, courts, jails, buiiding 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 snail be demonstrated that redundant facilities are available (either owned by the . earns utility or available through an Intergovernmental agreement or other contract) and connected, the alternative facilities are either located outside of theft -XI -YEAR FLOODPLAIN or are compliant with the provisions of this ORDINANCE, and err 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, e. Exemptions listed for particular categories of CRITICAL FACILITIES shalt not apply to STRUCTURES or related infrastructure that also funct₹on es 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 e 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 tole eriorate to the condition of a DERELICT MANUFACTURED OR MOBILE HOME Any such DERELICT MANUFACTURED OT MBT33LE HOME snarl be returned to and maintained in the condition as originally estebi₹shed on site and as inspected by the Building Inspection Department, or it shall be removed from the site, DERELICT S&GN: A SIGN that is partially or totally damaged by lire, 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 co'taamantied; 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 42-4202(4), 42-12-301 or 42-12-401,' and/or the number plats assigned to it is not permanently attached to the vehicle, a3 required by C.R.S. Section 42-3-202,, or is lacking proper equipment is the extent that it would be unsafe or illegal to USE oSPUBLIC STREET/ROAD RIGHTS -OF -WAY or othervvi e e 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, °grated in a FARMING operation. Delete DE,/ELOPER. DEVELOP/v/ENT The placement construction, erection, reconstruction, movement and/or alteration or BUILDINGS and/or other STRUCTURES, The placement 01 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 ail USES, excluding OIL AND GAS FACILITIES. includes any man-made change to improved or unimproved real estate, incluoing but not limited to BUILDINGS or ether STRUCTURES, mining, dredging, filling, gracing, paving, excavation or drilling operations or storage of equipment or materials. DEVELOPMENT SIGN: A FREESTANDING SIGN maintained bye DEVELOPMENT'S homeowners' association and looted 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 asp prior to recording the map with the County Clerk and Recorder. DISTILLERY Any establiishment licensed pursuant to the provisions of Title 44, Article 3, C.R.S., where spirituous liquors are manufactured. "Spirituous liquors" ere defined it 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 Ill marine sanitation device or similar treatment works that receives only domestic, sewage. DOMESTIC SEP'IAGE does not include liquid or solid material removed from a"septic tank, cesspool or similar treatment -works That receives either commercial wastewater or industrial aiasevuater 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 (i) LIVING UNIT DWELLING, SINGLE-FAMILY: A DWELLING UNIT arranged, designed and intended to be occupied by not n-iore than one (1) LIVING UNIT. Delete DWELLING. THREE-FAMILY/TRIPLEX. Delete DWELLING. LING. TWO-FAMILY/DUPLEX DWELLING UNIT' - No change, ELECTRIC TRaNSMISSION'LINES . No chnge. EtEvATF To build. or raise a STRUCTURE to a minimum of one (1) fool auoue the BASE FLOOD ELEVATION. ELEVATED BUILDING: A BUILDING without a BASEMENT and' a.. Buie, in the case of a BUILDiNiel in Zones .Ai -30, AE, A, Ave, AO, Alt r3, C, X end D, to nave the top of the ELEVATED floor above the ground levet by means of pilings, columns (poste and piers) or shear walls parallel to The floor of ice water; and b. Adequately anchored so as not to imp'eiir the structural integrity of the BUILDING: during a FLOOD of up to the magnitude of the BASE FLOOD. In the case or Zones A1-30, AE. A, A99, AO AN, B, C, X and 0, ELEVATED BUILDING also includes a BUILDING ELEVATED ay means or FILL or solid foundation perimeter wails with openings sufficient to facilitate the unimpeded movement of FLOOD wafers, ENCLOSED - No change. EVENTFAC1L,iTr: A USE providing agatherng space for rent for weddings, business meetings, and siwuar events not open to the general public. EXISTING CONSTRUCTION: STRUCTURES for which the START OE CONSTRUCTION' commenced before the effective date of the FLOODiNSURANGes RATE MAP (FIRM). EXISTING CONSTRUCTION is synonymous with the term "existing ethic -hire", EXIST/NB MANUFACTURED HOME PARK QR SUBDIVISION: A MANUFACTURED HOME PARK OR SUBDiVISIOf for which the. construction of facilities for servicing the LOTS cat which the MANUFACTURED HOMES are to be affixed (including, at a minimum, the ₹nstaoation 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. EXOTICANIiviAL:- No change; EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION: Tne 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.minimt,m 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 e for children under the age of eighteen (1 S) years who are not related to the head of such home, es further defined in C,R S. Section 25 -El -102(13), Delete FARM, RANCH AND GARDEN 13IJtLOiNt3S AND USES; FARMING: cultivation of land; the growing, storage drying: acid/or seasonal sale of crops, plants, flowers, and nursery stock raised on the premises; and ranching eedfor the raising of LIVESTOCK, excluding LIVESTOCK CONFINEMENT OPERATIONS. FARMING also _nciudes TEMPORARY storage and sorting of in -transit crops, plants, flowers, and nursery stock not raised of for sale on the premises. See alsoAO`RICULTURAL PRODUCTION. F2 TRIBUNE FARMLAND - U,S. DEPARTMENT OF AGRICULTURE, SOIL CONSERVATION SERVICES: The availabliity of a consistent supply of clean water must exist in order to have prime FARMLAND. Prime FARMLAND is land that teethe best combination of physical ant chemical characteristics for producing food, feed, forage, fiber and oilseed crops, and le 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 ccops•when treated and managed, including water management, according to acceptable FARMING methods in general, FARMLANDS have an adequate arid. dependable water supply from. precipitation or irrigation, a favorable temperature and growing season, salt and sodium content ani few or no rocks, prime FARMLANDS are permeable to t o p rule water and air. Prime FARMLANDS are not excessively erodible or saturated with water for along period of time and they either do not FLOOD frequently or are protected from FLOODING, (U.S. Department of Agriculture, Soil Conservation Sen ces [Special Series 17], January 1980; additional supplements,) FARMLAND WELD COUNTY NONPRIME:• - No change, FARMLAND - WELD COUNTY PRIME: • No changer 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 shell 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. FLOATABLEMATERIALS: 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 calved, bridge or other drainage facility. FLOATABLE MATERIALS include, but are not ilmited to, lumber, vehicles, boats, equipment, drums or other containers or pieces of material that are'ilkelyto 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 spiihvay_e; and/or b The unusual and rapid accumulation or runoff of surface waters from any source FLOOD BOUNDAI YAND FLOODWAY MAP (FBFM)r The officiai map on which FEMA has delineated SPECIAL FLOOD HAZARD AREAS, FLOODeVAy. 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 appiicaote 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 DFiRivi, FIRM and FBFM maps. FLOODPLAIN ADMINISTRATOR: Thedesignated COUNTY official responsible for administering and enforcing this ORDINANCE. FLOODPLAIN DEVELOPMENT PERMIT A pem lit required before construction or DEVELOPMENT begins within any SPECIAL FLOOD HAZARD AREA (SFHA). Permits are required to ennu'e 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 far reducing FLOOD damage, including but ;rot 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 Sit, 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, Wateirand 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 mustbe reserved in order to discharge tiie 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]3nores). 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. FEMAs 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 lltuitien Commission regulated gathering line ore segment of pipe transferring produced water between a wellhead' andthe point of disposal discharge. or loading. This definition of FLOWLINE does riot include a gathering line. The different types of FLOWLINES are: Welinead 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 tine 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 tofiowing: 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 et or near atmospheric pressure at the flowiine's outlet; Manifold Piping:A FLOVVLINE that transfers fluids into a piece of production facility equipment from lines that have been joined together to comingie-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 i iewline: 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 Floe/line: A FLOM/LINE on the OIL AND GAS LOCATION used to transfer produced water for treatment, storage, discharge: infection or reuse for oil and gas operations. A segment of pipe transferring only freshwater is not a FLQWLINE, FOSTER CCRE HOME; A home -certified icy the County or a child placement agency for child care in the residence of a person or FAMILY for the purpose of proviolnu i✓✓enty-tour-hour care for one (1) or more children under the age of twenty-one (21), as further defined in R.S. Section 2.6-6-'02(13e and includes kinship fostercare homes, as defined by C.R.S. Section 26-2-102(21). FREESTANDING .SIG//+ Any SIGN supported by STRUCTURES or supports that are placed on, or anchored in, the ground and that are independent /Yom 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 ty gardens. GEOLOGIC HAZARD: The hazard posed to human life or property by GROUND SUBSIDENCE and!orseismic activity. GEOLOGIC HAZARD AREA: An area located over a bedrock fault or coai mine, as designated by Me U.S. Geological Survey on the map dried Extent of Abandoned Coat Mine Workings and Locations of Mine Shafts, Adits. Air Shafts, and Faults, as amended. (;',veilable online a:.t ge rlpuhs.usgs govtimap(i-2735/I-2135.pdf.) E REELEY-WIrLD Coy', r`tY 4,RPOR:: The AIRPORT located in Sections 2 and 3, TEN, and Sections 26 and 35, T6N, R65W of the 6th P,M.,'Weld County, Colorado. GROSS FLOOR ARE/I: me 10,ai floor area of each horizontal level of a BUILDING, including habitable penthouses and attic space, but not intWing vent s„afts, courts or uninhabitable areas below ground ravel or in attics. GROUND SUBStDEi`JC 5 - ;uO change. GROUP HOME FAC" LIT x ,r', facility .torch is licensed by the State; and/or authorized or regulated by either the state or federal go ern,tient or both, and which proeioes nor fnstittelonalized, housing fora group of persons living es a single housekeeping unit, as determined by reference to C.R.S. Section 3,0-28 -115. A GROUP HOME FACILITY shall be for one (1) of the following groups: a A group of no mcmv than eight (8) persons initial intellectual and developmental disabilities in a ..tats -licensed group [come, as referredto in C.R,S.'Section 30-28-d "(2}(5), o A group of net more than eight (8) persons with oehavioral and menial health disorders: living lip a state licensed group home, as referred to in C i{.S Section 30 28-11512)(05), and not located within seven -hundred fifty (750) feet of another GROUP HOME FACILITY: or c. A group of not /,more than eight (81 pe, sons, sixty' (60) years of age 01 older wino do not need nursing facilities, as referred to in C.R.S..Sect on 10-28- r at.CI(b). and not located wi€hin seven hundred fifty (750( feet of another such l''OuP HOME FACILITY. Urocp homes that do not meet the conditions listen above snail be considered RESIDENTIAL THERAPEUTIC CENTERS for the ,urposes o` this Code. HAZARC7 ED A/R NAi (,AT/ON An obstruction deteirnined 'o: nave a substantial adverse effect on Ire safe and efficient Utilization of the navigable airspace, Delete HAZARD AREA. HEAVY iviANUFACTURfNi_'s - PROCESSING: The-manufactureor compounding process of raw materials, These activities or processes necessitate the storage of large volumes of highly fiammapie; toxic materials or explosive materials needed for the manufacturing process, These activities may involve outdoor operations as part of the manufacturing process. Examples include erhanot synthetic fertilizer, and tire manufacturing plants. .r . i-' For the purpose of determining the HEIGHT limits in au GREELFY-WELD COUNTY AIRPORT zones set forth in Division 1 / of this Chapter, the datum shall he MEAN SEA LEVEL elevation unless otherwise specified. T An area deigned and USED for the tending, takeoff. ,ainte t t -e, and tue id', of het eoptefa. ADJACENT GRADE' The highest bar Ira, elevation of lie ground surface prior to dnnsii,lotion next to the proposed walls rresa'';r. rJ{ t par pu,, ;gm ty u,„ t ii, ,t, ,, 11.1wn a,, •E. , v. ,.... �. .....,....,,... of Article V or this Chatter, the datum shaft be MEAN SEA LEVEL elevation unless otherwise specified. HELIPORT An area designed and'USED for the landing, taireoft, rnainlenan *,e, and feeling of helicopters. HIGHESTAOJACZ'VT GRADE- The niga`iest natural elevation of the ground surface prior to construction next to the proposed walls of a, STRUCTURE HISTORIC STRUCTURE Any STRUCTURE that is: a. tastedlndividuaily in the National Register of Historic Places{ a hating 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 Ins National Register; a. Certified or preliminarily determined by the United Slates Secretary of the Interior as contributing to the historical significance of a registered historic distr₹ctor e district preliminarily determined by the Secretary to qualify as a registered historic district ce 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 hate been certified by the State. HISTORIC TOWNSITE: A group of LOTS, tracts, or parcels o₹ land created by recording a plat or map which shows the loundaries of such lots. tracts, or parcels and the original parcel from which they were created, recorded prior to Septers.ber 20, 1261. o1, HISTORIC TOWNSITE includes ail 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 o - 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 permuted USE for gainful employment of the FAMILY residing on If is property. where the HOME OCCUPATION complies with the requirements of Section 23-4-990. A HOME OCCUPATION shall not include the fol₹owing, clinic, HOSPITAL, nursing home, animal hospital. HOTEL/MOTEL, RESTAURANT FUNERAL. HOME, vehicle or boat repair (including, pointing) or organized classes where more than six (6) persons meet together for instruction on a regular basis (does not indlude classes sponsored by a PUBLIC SCHOOL). Examples of CLASS I HOME OCCUPATIONS include, but are not limited to, home offices (no c Corners), 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, weiding shops, and tax preparation offices with customers. HORIZONTAL SURFACE: A horizontal plane one hundred fifty (1 50) 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 f4,840) feet above MEAN SEA LEVEL). HORIZONTAL ZONE.. The area described as HORIZONTAL ZONE in Section 23-5-20. HOSPITAL.' - No change. HO t EL1il4OTEL. - No change. HOUSEHOLD FEES: -No change. HUNTING: - No change, HUNTING LODGE: Lodging accommodations for short-term guests where the primary attraction is HUNTING. IOENTIFICADON SIGN: A SIGN that only contains the address and name of the occupant, INCIDENTAL S/C,N, 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 whion the SIGN is located shall be considered an INCIDENTAL SIGN. Delete INSTRUMENT UNvlAY, JUNK No change. KENNEL: Any place where fiv=e (5) or more HOUSEHOLD Pm of one (1) species, ore total of eight (8) or more HOUSEHOLD PETS of two (2) Or more species, are kept or maintained, uuitn the following exceptions: a On a LOT of at least ten (1 Or acres that is zoned A (Agricultural) and not in a SUBDIVISION or HISTORIC TOWNSITE, the owner or occupant that 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 (Agricvlrureif 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. 0. Veterinary clinics. a 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 rook _tone and bark, and architectural features including, but not limited to, fountains -ore -fleeting pools, art works, screen walls; fences, STREET/ROAD furniture, walks, decks and ornamental concrete or stonework: Delete LANDSCAPE NiAml i ENANCE LANDSCAPING COMPANIES: Businesses principally engaged in the sale and/or installation of LANDSCAPE materials, LARGER THAN UTILIT^YRUNCVAY: A RUNWA1'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 let -powered aircraft, LARGE SCALE SOLAR FACILITY: A facility which is used for the production of electrical energy from energy collected by the sun including solar energy collectors, power generation facilities, ifacilities 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 permitter principal and accessory BUILDINGS and designed to supply power to -the principle USE(S): or 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, 0 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 la 1994, and December 18, 2000, in compliance with the Weld County Subdivision Ordinance, CriEr fence No. 1'73, 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 regixirer,^ents and other regulations of the zone district where the LOT is located. A LEGAL LOT may not necessarily be a BUILDABLE LOT. LETTER Or MAR C ?EW E (1 Oii9C);' An official revision to currently effective FEMA maps. A LOMC can be in the form of a LOMR, LOMA t 7Par Cror I tan. LETTER OF MAN AMENDMENT (LOMA): A letter from FEMA officially revising the effective FIRM and FEMA's acknowledgment that a proper t s r to located In a SPECIAL FLOOD HAZARD AREA. LE1 t ER OF /t IAP i rL 'ICt,N ('E, OMR): A ,etter from Ft"nl/','officially revising the effective FEMA maps and showing changes in FLOOD ones delineations and eie�/tvshins - u LETTER OE Ivr. ' r EVISI7.V BASED OF/ FILL reOfirtiO-Fe FEnn5_'Amodification of the FLOODPtAuN shown on the FIRM based on the; placement or r i L outside of reexisiien 'ngulatc ry FLOODWAY. LEVEE EE. A mar n"ae STRUCTURE isca,sy e,n eanhen emoansment, designed and constructed in accordance with sound engineerieg practices to contain,rxiolinl or coven the flow or water sous to provide protection from temporary FLOODING. LEVEt. SYSTEM, A FLOOD projection s,/seft whine consist„ of a LEVEE or LEVEES and associated STRUCTURES, aeon as closure and drainage devices which are _.orisiructeo and operated in accordance with sound engineering practices. i_iVESTC E No chant' nit!'TJt k; CONONEMENT OPER: , O v rt C,O) A place of confinement for LIVESTOCK, K, corralled; penned or otherwise. caused in remain in mc., o"o rni 'Amere reeding is other Han crazing, and where the capacity at any one (1) time is greater than permitted int the burn requirements for the -zoning district in ii ;on it is located An -z_.C O. may include DAIRIES, feedlots and poultry ends wine production fa n;'its L rU'i e UNIT Vo change. LOT r contiguous tract or parcel of lana w e. tutee ownership. with defined boundaries, descried by metes and bounds, by reterenee to aliquot pads of a , rho f 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 or DEVELOPMENT LOT COVFPA E the maximum percentage of a LOT S total area than mar be covered with BUILDINGS' and impervious surfaces. LOWEST FLOOR; the LOWEST FLOOR of the iowest enciosea area, i ,cif ine any a awisoace or BASEMENT. Any floor used for n ng ourposes which includes working, storage sleeping cooking, and eating or recreation, ci any combination thereof. This ince,oss, any lioor that could be converted to such a use,such as a BASEMENT or crawispaca. Any unfinished or FLOOD resistant enciosure. usable solely for parking of ten ties; BUILDING access or storage in an area oiler than a BASEMENT area is riot considered a PUiLDlriL,, p LOWEST /nEST FLOOR' provided that such enclosure is nor huh r so as to render the STRUCTURE in violation of the applicable non-aletarion requirement of 44 CFR 60.3 Delete LOW GROUND SiISSI JENCE HAZARD AREA. LUMBERYARE1/WOODWORkiNG An staoiivshment 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. MAtiOR FAO/LIT/ES OF A PUBLIC UTILITY OR PUBLIC AGENCY' PUBLIC utilities or PUBLIC agencies operating or constructing TRIBUNE F3 the following information, a. — No Change. a. Date, place and time of public hearings. et. that f. = No change. Remainder of Section — No change, Amend Beet23-240. 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 moles either the rezoning application alone or may include the review of concurrent applications under:the County's regulations concerning uses by special review, overlay districts or subdivisions. The Planning Commission shalt provide recommendations :o the Board of County Commissioners concerning the disposition of the requested change, The Planning Commission shall 'ecommend approval of the request for the Change of Zone only if it finds that the applicant has met the standards or conditions at 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 2312-50 are met. The applicant shall demonstrate: t.ithru 3. — No change. 3, That STREET/ROAD or highway facilities providing access to the property are adequate in.size to meet the requirementsof the aroposedd zone district. This will Include updating and obtaining any new Access Permits, as required. The Access Permit may' 'equine an improvements Agreement. in the event that the STREET/ROAD or highway facilities are not properly sized and are manned 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 Alit of governmentor the applicant may express a willingness to upgrade the STREET/ROAD or highway facilities at hie 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 resorting 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 properly. - No change: B. -.No change. • C. if the Planning Commission recommendation is conditional upon the applicant completing certain specified items pnor 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. rS. The Board of County Commissioners shalt 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 tie Planning Commission, and front 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 rte Change of Zone only if it finds that the a plicent 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 t through 5 estate, and Section 23-=2,50 are ;net, The applicant shall demonstrate: 1, thru 3. No change. ii. That5TREEitROA.', or highway facilities providing access to the property are adequate in size to meet the requirements of cite proposed zone district, inzl e event that the STREET/ROAD or highway faoilities are not properly sized and are planned to be oropariy sized in thee Itlure, 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 o€ 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 o₹ 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 ;on₹ract shall he made in conformance with the COUNTY potcy on collateral for improvements. Approval of the Improvements Agreement will he a condition of obtaining an Access Permit. s, That, in those instances where the following characteristics are applicable to the rezoning request, the applicant had aamdnatrated compliance with the applicable standards: x. 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 maybe demonstrated in a previous public hearing or in the hearing concerning the rezoning application. a. That the proposed rezoning will not permit the USE of any area known to contain e 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 grater extent than under the present zoning of the property. No change. and D. - No chance. E,REPEALED. F REPEALED, Amend Sec, 2d-2-50 Application recyul 0. titre B.. No change. 3. Legal description of the property under consid t. and 5, — No change, > Present zone and OVERLAY ZONING DISTRICT, if appropriate., 7. Thr e `l:'I I. — No change. (2. The ePe icanx airak provide the Department of Planning Services with a certificate from the County Treasurer showing.. no. seiinquent proper:, takes tor me parcel area. iS tree 1 -° No change. I5. The. names aria addresses of any owner, operator, or user of any irrigation ditch, lateral, or pipelinethat traverses the property, 3. REPEALED, (Comun,ed with Subsection D.) D. A draft rezoning plat in electronic (.pdf) format shall be submitted as part of the general application. I REPEALED. ' 2. The scale of vie map shall be one (1) inch equals one hundred (100) feet (1" 100') orat other suitable scale when approved by the Department of Planning Services. The vicinity map shall be drawn at suitable scale on tie land USE map (1"= 2000'}. 3. The following information snail be shown, a. Certified boundary survey of the parcel under consideration, showing all bearings and distances outside the perimeter •boundary lutes. The closure error of the survey may not exceedone to five thousand ('i:5,000).'The boundaries and dimensions shall be shown to the nearest hundredth ore 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 turves with radial -bearings shall be shown to ail points of non tangency. a. Legal description, including natal area involved, as certified and signed by the surveyor. The draft plat need not be sighed or ertitied> et Title, scale and north arrow, The map shall be titled "Change of Zone Plat [case numbed." The Department of Planning Services shall provide the appropriate number. d. Date of drawing. e Current zoning, I. Proposed zoning. g A vicinity tap indii sung the property with respect to adjacent STREETS/ROADS, rivers, and other major land featu h !Meatier-, Location of easements, RIGHTS -OF -WAY, and other similar interests of record on the parcel and within fifty (50) feet of the par i. Location of all existing utilities (electricity, gas water and sewed on the parcel, as well as within fifty (50) feet of the parcel. 5 SPECIAL FLOOD HAZARD AREAS on the property. GEOLOGIC 1-iAZAIJID AREAS on the property, n Mineral resource areas on tee property, 1. Areas of moderate or es sere soil limitations as d by the Natural Resources Conservation Service or by a soil srirvey_a study prepared by a soils engineer or sot scientist for the USES and associated STRUCTURES permitted within the proposed zone district. o. Oinertnfo -mason as may be reasonably required by the Department of Planning Services in order to determine that that application meets the standards and policies sir. forth in this Chapter and in Chapter 22. 4. he following certificatesshall appear on the map: trrru 0, fvo change: I, REPEALED. E The following supporting documents shall be submitted as part of the general application: ,. Where anauthorized-agent signs the application for the ten owners, an authorization form provided by the Department of Planning Services signed by the tee owners. thru s. --No change s. Statements from PUBLIC WATER and PUBLIC SEWER utilities which indicate that they are able toprovide service for the site. if PUBLIC utilities are not to he used, the applicant shall ai,bntrt in₹ormation which documents the availability of water and suitability of the site for the sewage otaposai systemchosenby the applicant. The evidence shall document the adequacy of ₹he proposed uti~hr' y service fortis' USES permitted in the proposed zone district. 7. Arson report of the site prepared by the Natural Resources Conservation Service or bye soils engineer or scientist, in those nai,arr:oa tx/Incuri +ha.ant cone -o+ 1.4inafae +1 -in co,letznra'nq,nnelarora nr ea,,ara anii l,n,i+a+inns fan tha i iRFe nrr,na eari ft -s ar,nttaan₹ ppiloant Thertce snail document the adequacy of the proposed u v>a, ..., rt.. rSE peYsttVa tither' rn,pes+;.1 w`redistric*. .-. 7 A sot report of the sile prepared by ns Nat tint Resdurces Conservation Service or by a soils engineer or scientist in til instances when the soil report indicates she e rstei ice of moderateor severe soil limitations for the USES proposed, the approvm shall detail the methods to be employed to mtrga₹e. the Ir itationsz $ , L T (MEET ROAD a bige ey f rcilities which provide access to the property are not adequate to meet the requirements of the proposed zone district .he applicant shahsupply information which demonstrates willingness and financial capability to upgrade the STREETIROAD cr hrgnwayfacarties in corurrrrrnce wan the Transportation Plan and thereby meet the rsquiremente of Section 23 0 B.w cf t"r s Chapter This shall be ehown by an Improvements Agreement or contract guaranteeing installation of rmprpcere eats by the applicant lade in conformance with the County policy on collateral for improvements. Approval of the irnptovemente Agreement will be a condition of obtaining an Access Permit, pursuant to Section 12.5-10 et seq„ and the improvements Agreement snail meet the r qu r rrents of Appendix 12 A. a If, aceuroirg G. mans and other information available o tire COUNTY the Department of Planning Services determines that there appears to be o send. gravel or othei -mineralresource 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, u ciug rig cut not limited to a Cuio a do Geological Survey employee The statement shall indicate the estimated quantity or resi-urcesano the economic fen ibiday of recovery', i'. now and in the future, of the resources so that the Planning Commission and Board. of County commissioned, can do rn.ne whether a COMMERCIAL MINERAL DEPOSIT is contained on or under the subject grope Ties. it) if the proposed the gs of Zone is located within an OVERLAY ZONING DiSTRiCT-identified by maps officially adopted by the COUNTY,, the applicant shalt submit information which either documents how the COUNTY regulations concerning OVERLAY ZONiNG DISTRICTS nave been satisfied or documents how the applicant intends to meet the requirements of the COUNTY regulations concerning OVERLAY ZONING DISTRICTS. 11. — No crrange= _. 12, REPF.,ALI f,=. (See Section 23n2.-20.B.7,j , 13. the upplicatlan tee F Upon eporovel, the applicant shell submit -the plat on lViyla4 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 23-2-50.0 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 responsibtefor paying the recordingfee. 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 iandownet to appear before it and present evidence substantiating that the COZ has not been abandoned end 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 mayy, after a public hearing; revoke the COT. G. Nothing inthis Division 1 shell 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 e Change of Zone application. The Change of Zone plat shall be approved and recorded prior to recording of such Bite 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 approvedamendments. Any approved amendments to the Official Zoning Map shall be effective immediately upon approval,bythe 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. Divisior 2 -.Amendments to Chapter Text Amend Sec. 23-2-110. llutiesofDepartment of Planning Services. Upon submission of arequest 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 ward of County Commissioners for, publication of notices. The date of publication shall be at least ten (14 days prior tp the hearing. E. and is -.No change, Amend Sec. 23-2-130. Duties of Board of County Commissioners, A. REPEALED,. Remainder of Section-, No cinenge. 1'3ixieiortS- Site Plan Review Amend Sect.234,•150, Intent aril altpiicalaility. ... ANo,change. B. An approved Site Plan Review is required for the USES described in Article ill of this Chapter, and any PUD.Districts where the proposed USE would require en approved Site Plan Review in'an R-3, Commercial or Industrial Zone Dietnet• C. No land, BUILDING or STRUCTURE RUCTURE 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 end a Site Pian Review map recorded by the Department of Planning Services. C. No change. E No Site Plan Review shell 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 line 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, es determined by the Department of Planning Services. The failure of any agency to, respond within twenty-eight (28) days may bedeemed 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 e Planned Unit Development (P110) upon determination that sufficient detailed information was submitted and reviewed In the Final PUD Plan. No change. L 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. �. - No change. K. Applications fora 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, is 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 compiles with the standards of this Chapter, The following supporting documents shah be submitted lie e parr of the applcation: A. A Site Plan Review appiieation form provided by the Department of Planning Services.. B. No change. C. REPEALED: REPEATED. F. thrt; C. -- No change. H. REPEALED. (See Subsection No Change, J. is statementindicating that the proposed USE onsets the required Bulk Standards requirements of the zone district, �. - tic change. L, A plan describing any proposed signage, drawn to en appropriate scale, which shall include speoificetions.of the proposed SIGN and SIGN STRUCTURE along with the method of construction and attachment to the BUILDING or ground, The position and distance or 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 locatec; 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 reed for growing grass, shrubs, trees, plans 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 iANDSCAPEDts measured at aright angle from the existing or planned future RIGHT-OF-WAY. Sidewalks and driveways may pass through the required SETBACK. 3. REPEALED,`(See Section 23-4:30,) 4. REPEALED. (See Subsection W.9)5, -• No change. N.. The applicant shall provide a narrative or preliminary Drainage study in accordance with requirements of this Code. O. -- No change. P. A statement expiainirrg 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/ROD and a traffic narrative describing the projected number of vehicle trips (average per day, maximum `1 per day, peak hour data) to and from the site and the type or vehicles (passenger semi -track, etc.), the design designation of a S REET7ROAD 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 pracioe adequate safe and efficient transportation`to and from the site An Improvements Agreement matt be required. R. A statement acknowledging that new accesses to PUBLIC RIGHTS -OF -WAY shall be constructed in accordance with this Code, and may.requiire 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 preventwind- 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 murecipaiities ano 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'operairo" shall conform to the standards listed below: i. Noise. USES shall be located, designed and operated in accordance with the noise standards as established in Section 25-12- '101 et seg., C.R.S. 2. Aa Duality. USES shall be located, designed anti operated in accordance with the air quality standards established by the Colorado Air.Quahity Control Commission. 3, Water Duality. USES shall be located, designed and operated in accordance with the standards established by the Colorado Water E'ue;it'y Control Commission "4. No ch hge. 5. Heat. ri I CS:shall not emit neat in such ae amount su icjent o raise the temperature Lithe air or of materials at br beyond the LOT line more elan five (5) degree- Fahrenheit 6. Glare. Aril lighting USED to illuminate c sr off-street parking areoutside storage area outside activity area SIGN or other STRUCTURE shat, be arranged to deflect light away from any adjoining residential zone and from COLSN 4 STREETS/ROADS., Any lighting, including right from high-ternpernturs processes such as welding or combustion. shall be designed, lotted and operated in such a manner as to meet the follows rid standards: sources of light shall be shielded so that beams or rays of light will not shine directly ono ADJACENT property neither the direct nor r -fleeted light from any right source may create a traffic hazard to operators, of motor vehicles on PUBLIC or private STREETS/ROADS: and no colored lights may Pe used whwn may be confused with or ccr,strued as traffic controi devices. 7. - No change 8. REPEALED. (See Subsection, Q above ) V. REPEALED. W. Site Plan Review Map. The applicant shall submit he draft map for preliminary approval to the Department of Planning Services in electronic j.pdt) format, The site plan reap shall show and comply with the following requirements: f. thr 5 No rhange, 6. A vicinity map at a suitable scale. The map shall locate the site with respect to adjacent STREETS/IROADS and other major land features (Y = 2000'). 7.-Nochange 8. The location and names of ail STREETS/ROADS and highways abutting the LOT. 9. Existing ai=d proposed landscaping, including existing and proposed trees, shrubs, ground covers, natural features such as gook outcroppings -.and other landscaping. elements, The plan shall show where landscaping exists or will be locate.d, along with planting and construction details species name and size. Where existing plantings are to be retained, the applicant snail include in the plan proposed inch rids of protecting the plantings during constnuctiori. 10_ No charms 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: the undersigned, certify that the uses, buildings and structures located an 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 WITNESS my hand and official seal. My commission expires: by : Notary Public b, Department of Planning Services' Administrative R*riew Certificate: This map is accepted and approved for filing. Director of Planning Services The foregoing certificate wee acknowledged oefore me this day of , , by WITNESS,my 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 tire parcel area. Z. and AA. - No change. BB. REPEALED. CC REPEALED. (See Subsection W:11,) , DD. REPEALED. (See Subsection Q;) BE The application fee. An additional fifty (50) percent of the permit fee shall beadded to the cost of the application fee if the USE is started prior to approval of a Site Plan Review, The payment of the investigation fee shelf not relieve any persons from fully complying with the requirements of this Chapter, nor from any other penalties, FF The names and addresses of any owner, operator, or user of any irrigation ditch, lateral, or pipeline that traverses the property. Amend Sec. 25-2-170, Changes and termination of use. A, Any approved Site Plan Review shall be limited to the items shown on the SitePlan 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 ofPlanning 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 fife. 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 grants 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, fire applicant may seek a further extension from the Board -of County Commissioners by written request to the Director of Planning. G. Approval of a Site Plan Review shall terminate when the USE is discontinued fora 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 Wail of such termination. The Director's decision to terminate the approval of the Site Plan Review may be appealed by disco .t nod ce €ot a period o3 three. (3) consecutive years; the Department Director shall notify the appleappornarn and property o°wneroy first-class mail jf such termination. 'Fite Director's decision to termina e the approval of the Site Plan R-' act may be appealed by the spptcant end/or property owneipursuant to the provisions of Section 2-4-10 of this Code. Add Sec, 23-2-175— Corrections, approval and recording of the site plan review map. A. The Department of Planning 5crvices shall notify the applicant of any deficiencies of the submittal ono file deadline to correct said deficiencies which shalt be one hundred twenty (120) days. The Director of Planning Services may grant an extension, for good cause Shown open a written reoeest by the applicant. If no written request is submitted or if the detiorenciesare nut corrected by the date specified by the Department of Planning Services, the application shall releoteo, B. Upon approval of the draft Site Plan Re -view map, the applicant shall submit a Site Plan Review mar, for recording. along with all other documentation required es conditions of approval. Then map shell be delineated in norfading permanent black ink on Mylar or other drafting media approved by the Department of Planning Services, The map shall. bear original signaturesand seals in permanent black ink. The size of each sheet shall be twenty -tour (24) inches in height by thirty-six (36) inches in wdth. Upon completion of ail conditions of approval, the map snail be recorded lb the office of the County Clerk and Recorder by the Department et, Manning Services. The applicant stale be responsible for paying tne recording fee me conditions of approval shall be rust and the map' recorded within one hundred twenty (120) days from the date tne administrative review was signed. TheDirector of Planning Services may grant an extension, for good cause shown, upon a written request bythe applicant. If no written request is. submitted, ,f 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 snail be terminated. Amend Sea 22-2-134. 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 en 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 Directors 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. C; (Repealed.) D. (Repealed) E. (Repealed) Division 4 Uses by Special Review Amend See. TS -2-20a Intent end applicability, A. Uses ct. Special Review are USES',vhioh have been determined to be more intense or to have a potentially greater impact than fife Use, 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. rho additionai consideration or regulation of Uses by Special Review, and the application to a Use by Special Revie,. 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 r3oard of County Commissioners may approve the estahbshment of a Use by Special Review be granting a Special Review Permit, All requests for Special Review Permit shall be reviewed by the Planning Commission. The Planning Commission recommendation snail be forwarded to and considered by the Board of County Commissioners except for MAJOR FACILITIES OF PUBLIC UTIS IT iES OP PUBLIC which shad require review and approval by the Planning Comrission only as set forth in Divisions of this Article El C. Any person filing an app ication for a Special tReview Permit shall comply with the COUNTY procedures and regulations as set forth nerd n.. D: and E No change. F. The applicant or o t•ner snail 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 pohcyon ciliates 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 C Applications for Special Review Permits shall be accepted only for proposed USES cn LEGAL LOT(S). Art application for a Special Review Permit shall include the entire LOT(S) upon which the Special Review Permit gulf b lu arced. H. The applicant shall submit the draft map for preliminary approval to the Department of Planning Services lit electronic (.pdf) format Jponapproval, the applicant shall submit the map on Mytar or other drafting ,media approved by the Department of Planning Services, along with all outer 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 witn the requirements of Subsection 23-2-260,D of this Article, The map shalt be recorded within one hundred twenty ('i20) days from the date of the Board of County Commissioners Resolution. The applicant shall Pe 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 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 riot 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 (USE) cannot be met, the Board may, after a public hearing, revoke the Use by Special Revie ✓ ("USR); Amend Sec, 23-2-216. Duties of Department Of Planning Services. Any person wanting to apply for a Use by Special Review shall arrange for a preepplication 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-O, 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 v✓ith information about the proposed Use by Special Review The Planning Commission and Board of County Commissioners may consider ell such reviews and comments and "nay 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 fora Special Review Permit lit rests with the Board of County Commissioners, 2. Prepare staff comments tot 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 front 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 (rearing 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 e 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 surrounding property owner to receive such notification.. G. A sign shall be posted for the applicant on the property under consideration for a Use by Special Review permit. The Sign shall be poster adjacent to and Visible from a PUBLIC STREET/ROAD RIGHT-OF-WAY. in the event the property under consideration is not adiacentte e 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 td 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 qtr a f. - No change. 7. Arrange for legal notice of hearings to be published in the newspaper designatted 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 ttapubiish the second notice shall not create a jurisdictional defect in the hearing process.: The date of publication shalt be at least ten (10) days prior to the hearing. Amend Sec. 23-2-220. Duties of Planning Commission. A. The Planning Coirimissionshall hold a hearing td 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 finds that the applicant has met the standards or conditions of this Subsection A end 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: t; thou 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 Sunday, May 12, 2019 That the applIcation complies with Artloles V and XI of this Chapter if the proposal is located within an OVERLAY ZONING :ETRiCT or a SPECIAL FLOOD HAZARD AREA identified by maps officially adopted by the COUNTY and 7. -No change. —No change. If the planning Commission recommendation is conditional upon -the applicant completing certain specified items prior to the tiring by the Board of County Commissioners, the ten - day period shall commence upon submission of the items by the applicant the Department of Planning Services send Sec. 23,.2-2300. Duties of Board of County Commissioners, REPEALED, The Board of County Commissioners shall hold a public hearing to consider the application and to take final action treon,. in making a decision on the proposed Use by Special Review, the Board of County Commissioners shall consider the. .or7mendation of the Planning Commission, and front the facts presented at the public hearing and the information contained in ≥ officiai'record which includes the Department of Planning Services case file, the Board of County Commissioners shall approve a request for the Special Review Permit only if it flnds.that the applicant has met the standards or conditions of this Subsection and Sections; 3-2-240 and 23-2-250 of this Division. The applicant has the burden of proof to show that the standards and ndi#ions of this Subsection B and Sections 23-2-240 and 23.2-250 of this Division are met. The applicant shall demonstrate: thrli 4.:-Nochaiige. That the application complies rfifh Articles V and Xi of this Chapter if the proposal is located withinany OVERLAY ZONING STRICT or a SPECIAL FLOOD I'liZARD AREA identified by maps officially adopted by the County. Thai 3 the USE is proposed to located in the A (Agricultural) Zone District, the applicant has demonstrated a diligent effort ▪ been rt.aoe to vuc5m vs PRIME FARMLAND in the locational decision for; the proposed USE. trivaincler of Section ti No change,fiend Sea 23-2.240. Design standards. Avg applicant for a Use by Special Review shall demonstrate compliance with the following design standards in the application M shall continue to meet these standards if approved for DEVELOPMENT. and 2. --No change. If oil conditions on the site are such that they present moderate or severe Jima-atiogs to the construction of STRUCTURES or ..nines proposed for the see, ffie applicant has co- ionstrated hole, such limitations can and will be mitigated No change. USES shall comply with ine stormwater drairiade criteria requirements set forth in this Code. Ali parking and venicle storage shall ne provided on the site. Parking and loading areas shall be designed and constructed in .co dance itath Division 1 of Artois IV of this Chapter.. The USE shalt comply with an the itCh Standards requirements of the zone district Nu ctis lye New accesses to PUBLIC RIGHTS -0E- Ax's tail be constructed in accordance with this Code. i. Buffering or SCREENING of the proposed USE from ADJACENT propernes may be required in order to make the determination at the proposed JIBE is compatible trills the surrounding USES. Buffering or SCREENING may be accomplished tnrouozh a in'ioinafion of,oeriring. landscaping an fencing. .. NO Gr nqe; with the redurrr. niants of Article iii, Division 2 and Appendixes 23-C, t a o 23 c of this°Chapter, unlesswaiver therefrom is req iesteo i i the application and granted by the Board of County r.mi._sio rs es part of the Use by Special Review Permit. O'le to SIGNS shall not be permitted through the riSR permit process. i. A etatewenc explaining That the trash collection seas or fa sties snail be SCREENED worn PUBLIC RIGHTS -OF -WAY and CEN1 properties, 7 nese areas shall be designed and i.ISED in a manner that will prevent wind- or animal -scattered trash: REPEALED, (See Dr. vion 5 of'th,e Arriele ) nand Se 2`3 2-2301 Operationstandards. Review applicant for a Special view P rnai snail oemonstrae conformance with the tp loumg operation standards in the Special i a Perm pplircati -n to the extent tear u standards affect location layout and design or the Use by Special Review prior to instruction and operation. Once operational the operation o, the USES permitted shall conform to these standards The operation of the USES shall comply with she noise standards enumerated in Section 25-12-101, et sea., C.R.S. titre 0,1. - No change. Neither direct nor reflected light from any light source may create a traffic hazard to operators of motor vehicles on PUBLIC or (sate STREETS/ROADS and no cola+'ed'ligi-ts .may be used which may be confused :with of construed as traffic control devices: and F - No change, Any off -site and on -site Improve eats Agreement st al be madeSri conformance with the County policy on collateral for rprofrerrnenis. Trend Sec.. 23-2-260 Application requirements. T to purpose of the,aopncation is to give tie petitioner an opportunity to demonstrate through written and graphic information the proposai complies with the standards of his Chapter The following supporting documents shall be submitted as apart the application except for those i ems determined by the Director of Planning Services, in writing. or the Board of County omimieeioners, on the record. to be unnecessary to a decision on the application. -aim 4.., No change A statement which explains that rte application complies with Article V and Article XI of this Chapter it the proposal is located ithin env OVERLAY ZONING DISTRICT or a SPECIAL FLOOD HAZARD AREA identified by maps officially adopted by the OLIN T ' and7, - No change. The applicant shall provide a nrarratr s or preliminary drainage study in accordance with the stormwater drainage criteria q s emery of this Code na rrative ratise explaining how the 1_OT(S1 will his safe access to an approved PUBLIC or private STREET/ROAD and a traffic awative desoiaSing the projected, number of'v vehicle trips (average per day, maximum per day, peak hour data) to and from the site to the type of vehicles (passenger, semi-tru i, etc.). the design designation of a STREET/ROAD or highway as to type shall be e c,rforis ante with thet shown on the Transportation Plan and/or the MASTER PLAN of the affected municipality, Atraffic Impact tidy may be requited, improvements to adjacent STREETS/ROADS may be necessary to provide adequate sate and efficient ansportation to and n the i₹e. An improvements Agreement may be required. . The ₹•ollo wing general information shall be submitted: trims 6.`-° he ch nv. Present zone and OVERLAY ZONING DISTRICTS, if appropriate, ti r r 10.. - ivo chain 1, the applicant shall provide the Department of Planning Services Milliliter], property taxes for the parcel area. 2. REPEALED 3. and it; No change. ,,. A p moused pie i for installation of aeeMCo SIGNS following the standards set forth in Chapter 23, Article IV, Division 2, ✓ No chang 7 rte names add addresses of any owner operator. or user o₹ any irrigation ditch, lateral, or pipeline that traverses the properly. , FA detailed description of the proposed operation and USE shall be suop₹ied. Details far the following items when applicable, are equired'. t` Iry 7. - No mange. REPEALED. . Sewage facilities. ,. 0. til u 17. - No mange. Special Review Permit Plan Map. . Tile map shah be delineated on Myiar or other drafting media approved by the Department of Planning Services anru 4.c.3) No change. I Tile general classifications and distribution of soils over the parcel under consideration. Soil classification names and agricultural apauility c as i ications shall be noted in the legend. ) Locations ation and names of all STREETS/ROADS, irrigation ditches and water features. ) Ldcation of all residences within a one -half -mile radius, existing and proposed accesses io the property proposed for the Use by pedal themv Review, any abutting SUBDIVISION outlines and names, and the boundaries of any ADJACENT n-i i licipailty ) Arm oilier relevant information within a one -half -mile distance of the pe<ime₹er of tile property proposed for the Use by Special ewew as maybe reasonably required by the COUNTY to meet the intent and purpose of this ( hapter. Pot Sian. A plot plan of the Use by Special Review area shall' be drawn on the Special Review Permit Plan Map. . The scale of the plot plan shall be one (9) inch equals one hundred el 00) feet or at another suitable scale if approved by the lepartment of Planning Services. The plot plan shall outline the boundaries of the LOT(S) being considered for the Use by Special Review, The plot plan shall include the location and identification of all of the following items within a two -hundred -foot radius of the icunderies of the L.OT(S), as well as within the LOT(S) itself; it shall also include the proposed features and STRUCTURES of the Ise by Special Review: ) Au PUBLIC RIGHTS -OF -WAY of record (including names). thru 6) -No change. Topography at ten -foot contour intervals or at intervals as determined necessary by Inc Department of Planning Seri,;';' ues:. ) titru 11) .-No change. 21 Location of any SPECIAL FLOOD HAZARD AREA, GEOLOGIC HAZARD AREA, or mineral resource areas. 3) The location any SIGN requiring zoning approval. Distances from property lines shall be indicated, 4) NO change. I. Supporting Documents. The following supporting documents shall be submitted as part of the application. If an authorized agent signs, a letter of authorization signed by all fee owners shall be included whit=the application, if the. iroprrty is owned by a corporation, evidence that the signatory has the legal authority to sign for the corporation shall be included. th in u 5. -- No change. REPEALED. - No change. GG2fChl CI", - - The placement of SIGNS on the site shad comply ,erirtif care from. the County Treasurer showing no mttpperriiig rig igf e 4 IG lk,euvvtiy �:wrry San authorized agent signs, a letter of authorization signed by alt fee owners shall be included with•the applicetio operty is owned by a corporation evidence that the signatory has the legal authority to sign for the corporation;shall be in thru 5. - No change. REPEALED. No change. REPEALED. The application fee. An additional fifty (50) percent ofthe permit fee shall be added to the cost of the Special Review Permit psication fee it the USE is started prior to issuance of a Special Review Permit. The payment of the investigation fee shell not. leve arty persons from fully complying with the requirements of this Chapter; nor from any other penalties. send Sec, 23.2470. Development standards. i applicant for e -Special Revievf Permit shall demonstrate conformance vvith and shaft confirms to meet any DEVELOPMENT RNDPROS approved and adopted by the COUNTY The DEVELOPMENT STANDARDS shall be placed on the Special Review" irmit Plan Map prior to recording, Noncompliance with any of the approved DEVELOPMENT STANDARDS may be reason revocation or suspension of the special review permit by the Board of County Commissioners. Civil penalties in lieu of a spensioc, may also be imposed with the express prior agreement'of the applicant. The availability of these remedies in no way' tits the Board of County Ccmrniasionere from seeking or applying any other remedies which are available for noncompliance with e, DEVELOPMENT STANDARDS. trend See, 23,2-280, ".nanges to a Special Review Permit, No change. Any decrease in the sand area occupied bye Lice by Special Review Permit shall qualify the landowner to be sole to request a u v ial vacation of the Use by Special Review from the Board of County Commissioners, permitting the folio -wino: thru 3.a. No change Submit a revised Use by Special Review reap to the Department of Planning Services illustrating the vacated portion operty and the existing permit, The revised map shall include a note stating that the partial vacation does not create $s scale. No change, Once approved, the applicant shall submit a map conforming to Subsection 23-2-260,D of this Code This map shall diustra e vacated portions -of the property operation 3 he map shall contain two (2) vicinity maps. The first shall Illustrate the use >undary'prior to the partial vacation, The second shall illustrate the use boundary after the partial vacation. The.applicant shall submit the draft map for preliminary approval to the Department of Planning Services in electronic (.pdf) rn at Upon approval of the draft map, the applicant shall submit a final map for recording, along with all other documentation {quire as conditions or approval. The map shall be delineated in nonfarling permanent black ink on Mylar or ocher drafting Baia approved by the Department of Planning Services, ine map ;stab hear original signatures and: seals in permanent black .. It upon r-ompietionof all conditions of approval, the map shall be recorded in the office or line County Clam and Recorder by e Depa-th ant of Planning Services. The applicant shalt be responsible for paying the recording fee, The conditions of approval )alf be "het and the map recd. oed within one hundred twenty (t20) days am the date the, resolution was signed: If the map a -tot been recorded within one hundred twenty (120) days from the date the resolution was signed, or if an applicant is unable e at of the crates or s within one hundred twenty (120) days of approval, the applicant may request an extension kern the tanning Services. The Director of Planning Services may grant a onevirme extension of up to one hundred twenty (120) iv, gvvu cause shown, upon a written request by the applicant Before this extension has expired, me applicant may seek a rr r ar e aen f0r. from. tne Board of Co rmy Commissioners by written eq e a to the Director of Planning if the Bo ro of Count - coy nissione s denies the extension or it the eorditions are not met and the map recorded ded by the data specified b,y the Board, the µprovai shall be voided and the application denied. mend Sec 23-2-288. Minor amendments. Minot amendments to any approved Use by Special Review and SITE SPECIFiC DEVELOPMENT PLAN may he approved, opr owed with conditions, or denied administratively by the Planning Services Director and may be authorized without additional lathe hearings. Such minor amendments may be authorized by the Planning Services Director as long as the DEVELOPMENT ohs r ation asamenden, continues to comply with these standards and regulations, at least to the extent of its original onipiiance. The Planning dervice,s Directors approval shall be in writing and contain findings of fact. Once the application that is subject of this section is deemed complete by the Department of Planning Sin' ties the Department f Planning ling Sc rvr es. shall send the application to applicable agencies listed in Appendix 23-C as determined by the Department t Planning Services ,he failure of any agency to respond within twenty-eight (28) days may be deemed a favorable response. All EFERRAi 'agency review comments are considered ,recommendations. The authority and responsibility for approval and domicil of to amendment rests with the Department of Planning Services. Review criteria for minor amendments to a Use by Special Review Application and SITE SPECIFIC DEVELOPMENT PLAN. To pf,:ove a minor amendment, the Planning Services Director shall consider the following review criteila and find that each criterion as been m i or determined to be inapplicable: The proposed changes will be compatible with existing and allowed USES in the surrounding area and be in harmony with the lEitSl-€BCRi-#OOD: . and 3; - No cr,ar fgs. The recommendations of REFERRAL agencies have been considered. Nc chancre, The proposed changes shall be consistent with the original DEVELOPMENT STANDARDS. i. The Planning Services Director may refer a Minor Amendment to the Board of County Commissioners and schedule a public earing: €f such hearing is scheduied, the staff shall: • , Arrange fns legal notice of said hearing to be published in the newspaper designated by the Board of County Co n esieneis for ubl cation of notices at least ten (10) days prior to the nearing. Give notice of the application and the public hearing date to those persons listed in the application as owners of property created within rive hundred (500) feet of ₹he, parcel under consideration. Such notification shall be rtrailed first-class, not less t'rian en (10) days before the scheduled public nearing. Such notice is not required by state statute and is provided ass courtesy to urounding property or, curs !the surface estate) Inadvertent errors by the applicant in supplying such list or the Department of `lanningServices in sending such notice shall not create a jurisdictional defect in the hearing process, even it such error results in a tannic Lif a surrounding property ovr.ner to receive such notification, Roar a sign on the property under consideration in a. location readily visible from the adjacent PUBLIC STREET/ROAD RIGHT - :IF -WAY, The sign will be posted at .cast ten (10) days preceding the hearing date for the Board of County Commissioners` hearing. the event the property under consideration i is not adjacent toe PUBLIC STREET/ROAD RIGHT-OF-WAi second sign at the hint at which the driveway (access orive) intersects -a PUBLIC STREET/ROAD RIGHT-OF-WAY will be posted The sign posting vrlii pe evidenced with a photograph. REPEALED. REPEALED. 3. — rig change. ' REPEALED, Application Fee An additional fifty percent (50%) of the permit fee shall be Addeo to the cosi of the Niinor Ameitowe f Special levies permit application fee v„hen the USE is stated-itfithout a Mino, Amendment Special Review permit The payment of the rvsaticctauon the shall rot ref eva army persons from fully complying with thh requirements of this Chapter, nor from any other re cal ids, Applioation Requirements: 1 - No change, • ? One (1' copy of the Special Review map,: twenty-four (24) inches by thirty-six (36) inches. See Subsection L. below for map requirements: t One (t ) eight -and -one-half inch by eleven -inch reduced copy of the twenty -four -inch by thirty -six-inch Special Revie;v map, 4 thru 3. No hange. 10. One (I) copy of the affidavit and the certified list of the names, addresses and the corresponding parcel identification number signed by the County Assessor of the owners of properly (the surface estate) within five hundred (500) feet of property being considered This list shell be compiled from the records of the County Assessor, the County website, www.co.waid co us, or a oeraonquarified so 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, ₹im 14. - No change. - 15. REPEALED. iv Guestiohnaire. 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 tine size (explain how the proposed use is consistent and compatible with surrounding land USES), 4. Describe, in detail, -the following:. d. Type andnumberf STRUCTURES to be erected (built) on this site. Y a. thru t. - No Change. L. SITE SPECIFIC DEVELOPMENT PLAN and Use By Special Review (USR) Map Requirements. Tie map requirements for Minor Amendments shall be tare same as required in Subsection 23-2-280.O, 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 M. 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 Sunday, May 12, 2019 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 seais 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 (1201 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 reielw was signed (or from the date the resolution was signed, of approved by the Board of County Commissioners), or if an applicant isunable to meet all of the conditions within one hundred twenty 0201 201 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 or tip to one hundred twenty (120) days, for good cause snow . upon a written request by tile appiii at,t. Before this extension has expired, the applicant may seek a further e twr sicn from the Board of. County Commissioners oy written request to, tile Director of Planning, if the Board of County Commissioners denies rite extension or if the conditions are not met end the maprecorded by the date specified by the Board, the approval shall be voided. and the application denied. Anieed Sec. 23-2-2.99, Termination of use. A, and B, -- No change. C. REPEALED, D in soon cases where the Use by Special Review has terminated but the landowner does not agree to request to vacate the Lisa by Special Review Permit a hearing shall be scheduled with the Board of County Commissioners to provide the landov0ner 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'lJse 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. REPEALED. Division 5 - Speciel Review Permits for Major Facilities of Public Utility or Public Agency Amend Sec. 23-2-500. AgpiicebilLty A andre,- Noonenge: C REPEALED. (5ec Sections 23-2-380 and 23-2-390.) Amend Sec. 23.2-330. Duties of Department of Planning Services. A. No change B. Upon oeemiination 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.leythe COUNTY are intended to provide the COUNT(' with information on the proposal. The Planning Convisissionmay consider ail such reviews and comments and may solicit additional information if soon information is deemed necessary. The reviews and comments submittedby a REFERRAL agency are recommendations to the COUNTY The authority for (raking 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 Ji aspects of the application, its eonfoimance with this Chapter and Chapter 22 of this Code and comments received front REFERRAL agencies, 3 vet. 5, No change 6 Give notice of application for a Spei'iaf Review Permit end the public hearing date to those persons listed in the application as owners of property located within tiv_ humored (500) feet of the parcel under consideration. For ELECTRIC I Rv.NSi'4ISSiON UNE projects, notice of application shall be given for surface property owners for five hundred (500) feet on either side of the aenterline er of e proposed preferred alignment and to interest holder (excluding mineral interests) in any real properly proposed to be " physically disturbed or crossed by the activity or DEVELOPMENT which la the subject of the application. Such notification shall be mated, first-class, no less than ten (10) days before the;scheduled public hearing. Such notice is not required by state statute and is provided at 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 sanding such notice, shall not create a I ansdictionai defect in the nearing process ever, a such error resuitsin the failure of a surrounding property owner to receive such notification: 7. REPEALED. 8. REPEALED -:See item 1.) 9. REPEALED. (See item 2.) 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 appfieant 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.-Npchange, 14 Additional information; required for ELECTRIC TRANSMISSION a thril 15.d. - No change. e A letter from each utility company indicating its intention and ability to serve the DEVELOPMENT. f. A eat of the names and addresses of all the local governments and -special districts which would be effected 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 shell 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 persona from fully complying with the requirements of this Chapter, nor from any other penalties. Amend Sec. 3--2-36S 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 folows: 1. Ar, 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 Myjar or other grafting 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 pat shall be prepared and certified by a land -surveyor registered in the State. B, thus 0.3. — No change. 4. Show the name and location of at streams, including normally dry streams, ponds or other bodies of water, existing structures, STREETS/ROADS, bridges, irrigation ditches, oil and gas wells, utility tines, 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. 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 (12y days from tie date of the Planning Commission resolution. The applicant shall be responsible for paying the recording fee. if a Use oy 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 (USA). has not been abandoned and that the -applicant_ possesses the willingness and ability to record the Use by Special Review (USR).piet. 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) platcannot be suet, the Planning Commission may, after a public hearing, revoke the Use oy Special Review (USR). Amend Seo c3 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. andC.--Nochange. _. D. Legend. A legend snail 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. B. Upon approval, the applicant shall submit the map, along with all other documentation required as conditions of approval. The map shell 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 recarded within one hundred twenty (120) days from the date of the Planning Commission resolution, or within a date specified -by the Planning Cori missidn, the Planning Commission may require the applicant.to appear before it and present evidence substantiating that the Use by Special Review (USA) has not been abandoned and that the applicant possesses the willingness and ability to record the Use by Special Review (USA) 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,Speclei Review (USA) map cannot be met, the Planning Commission may, after a public hearing, revoke the Use by Special Review (USA). Amend Sec, 23.2.400. Standards, The Planning Commission mey 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 t.. No change. - applicant to appear before it and present evidence substantiating that the Use by Special Review iUw iI nas not been aoanaoneo and that the applicant possesses the willingness and ability to record the Use by Special Review (USA) maps The Planning Commission may extend the date for recording the map. if the Planning Commission determines mist 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 PURLiCLIDITTY only if ail applicable requirements of this Division are met, and the applicant has shown that.the application is consistent with the following standards:- A thrua i'o change. M vJrierie a proposed POWER PLANT is lobe located in an area where a sufficient housing supply is unavailable for the. anticipated immigrant construction force,.theeppiicant for the location of such a facility shall present plans showing how housing ;oral be pros toed fot such workers without creating major negative Impacts on existing residents in the impacted Communities, N =Nocrrenge O. Applicenfs for activities reviewed pursuant to this Division 5 as MAJOR FACILITIES OF PUBLIC UTILITIES shall have the burden of proof to demonstrate st rate 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 8 - Use by Special Review Permits for PIPELINE r DOMESTIC WATER Amend,Sec 23-2-460, Prohibition of construction without pertiait„ No person snail locate or construct a PIPELINE - DOMESTIC WATER in the unincorporated COUNTY without first obtaining a Use by Special Reviews Permit pursuant to this Division 6. Amend Sec, 23-2-470 Duties of department of planning services. H.— 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 Io 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 fora Use by Special Review Permit reels with the Board of County Commissioners. 2. Prepare staff comments for use by the Planning, Commission addressing ail 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. S Notice of application fora PIPELINE - DOMESTIC WATER and the public hearing dates shall he given to surface property-, owners within one hundred fifty (150) feet on each side ei 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 ' DEVF OPtvIF.NT which is the subject or inc application. Such notification shall he mailed, first class no less than ten (10) days before the scheduled Planning Commission public rearing. 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 sr oh 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 fvilum of e 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 2.2 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 maybe published in a newspaper published in the area in which the construction is proposed, Failure to publish the second notice shah riot 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. 25-2-480 Duties of planning commission, A, The Planning Commission shall hold a hearing to oonsider the application for the Use by Special Review Permit, The Planning Commission shell provide recommendationslo 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 onto 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 Weid County Code. The applicant has the burden of proof to show that the standards and conditions of Section -26-2-480 of this Division and Chapter 22 of the Weld County Code are met, The applicant shall demonstrate: 1, No change. 2. Tne PIPELINE - DOMESTIC WATER will not have an undue adverse effect on existing, and future DEVELOPMENT of the surrounding area, assetforth in applicable MASTER PLANS, 3 thrt l 7. ,_ No change. • 8, No adverse impact from stormwater runoff to the PUBLIC RIGHTS -OE -WAY and/or surrounding properties as a result of the PIPELINE - DOMESTIC WATER. D —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 shalt commence upon submission of the items by the applicant to the Department of Planning Services, Amend Sec, 23-2-. 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 DOMES TIC 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 theWeid County Cade and the following sta_ndards:. A,— No change, B. The PiPELINE DOMESTIC WATER wilt not have an undue adverse effect on existing and future DEVELOPMENT of the surrounding area as setforth in applicable MASTER PLANS, C, ihru f , - No change, H. No adverse impact from stormwater runoff to the PUBLIC RIGHTS -OF -WAY and/br surrounding. properties shall result from the PIPELINE - DOMES TIC WATER, Amend See 23-2-610, 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 tom as prescribed by the Department of Planning Services: A. - No change. e. Address of the applicant. C, Summal'y statement o₹ the project, to include when applicable; tery .2.d, - No change. a, Information of any Neighborhood Meeting conducted, to include the location, date, time, attendance and method of advertising. f thr a is - No change. A description of any haul routes to be used during construction, identifying STREETS/ROADS and bridges involved and the weight of the loads. m. Solis reports required for pipeline crossings or any pipeline encroaching in PUBLIC RIGHT-OF-WAY, if required by the Department of Public Works. - No change. fa 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 750 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 recorder of the County Assess,., the applicant shall certify that such list was assembled wittan thirty (80) days of theapplication submission date. E. The names and addresses of any owner, operator or user of any irrigation pitch, lateral, or pipeline that traverses the property. P The application fee. An addit or:ai fifty (t0) percent of the permit tee shall be added to lifeboat of the application fee if the USE is started prior to issuance of a Special Review Permit. The payment of the investigationfee shall not reiieve any persons from fully complying with the requirements of this Chapter, nor from any other penalties. Amend Sec. 23.2-820 Mapping requirements for P1°EL�TEE a OOMEs rIC WA"l2° A. hru No change, O include a oetalled map snowing the approval route'throt gn ne County, T'ne approved route shall be alspeyed on a 1:200 Ss: map, rite snap shall show the ,ecorded easements for the PIPELINE DOMESTIC WATER. The trap shall also include the location of the existing and future right-of-way above ground appurtenances. including. but not limited to. valve sites, iaydowrr yards, parking and staging areas, temporary and permanent access points. The map shall include the tocation of the following items which exist within The easement boundaries; l n physical al loot ion of the STREET/ROAD 2. Ali existing and future PUBLIC rlC,HT'-OF-2FAY, '3 thrn - i U change. 6 Topography at ter. -?root contour intervals or at intervals as determined necessary by the !Department of Planning Services. 7 identify GEOLOGIC HAZARD AREAS ardor SPECIAL FLOOD, HAZARD AREAS. 8 No change C include detailed drawing of pipeline at intersection of any COUNTY STREET/ROAD, section line, or bridge. Drawing: intersections must be in plan and profile, and shall be at scale of 1.100 ores 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, TRIBUNE F5 Remainder of Section -- No change. Division,7 R REPEALED, Divisions - REPEALED. Division - Fees. Amend Sec. 23-2-.900. Fees established, Fees shall be collected in accordance with this Division 9 and Section Remainder of Division -- No change, ARTICLES - Zone DiSiriels &3ivisionf -A (Agr➢bult➢ _Zone District Amend Sec. 23-3-10, Intent, Agriculture in the COUNTY is considered a valuable resource which must be protected from adverse inipacts.reeulting 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`ferthe conduct of agrcultural activities and activities related to agriculture and agricultural production. and for areas for naturaVresbferca extraction andenergydevelopment, without the interference of other,. incompatible land USES, Artasad Sao._2 4 -ED Uses allowed by right outside of subdivisions and historic tawnsites, Na 'BUILDING, STRUCTURE- W.1and shail=he 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 TO,WNSITES exceptfor pne`(1} or more of the following USES. • A. ANIMAL BOARDINGand animal TRAINING.FACILITIES where the maximum number of ANIMAL UNITS or HOUSEHOLD PETS permitted°in Section 23-3.70.0 below is not exceeded and traffic to and from the facility does not exceed sixty (50) daily trips. S. Asphatt or concrete batch plant and borrow pits USED TEMPORARILY and exclueivelyfaran on -site construction'prejeof or Ma 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 Direct& of Planning Services up to two (2) times, and thereafter by the Board of County Commissioners. C. FISHING, HUNTING, and noncommercial. WATERSKIING. D GOLl IrY grader sheds. E. FARMlNR 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 snail not be Utilized as agr€culturally exempt BUILDINGS or for the storage of agricultural equipment or agricultural, prceuets or confinement or protection of LIVESTOCK. F NClsiCOiviMERGIAL LOWERS no tellerthen seventy (70) feet. (See Article IV Division 10, of this Chapter.) G. Colice, ambulance, and fire stations or facilities. H. PUBLIC parley, I PUB_L SCHOOLS, a Sand, soil and aggregate MINING that qualifies fora 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 Declamation, Mining, and Safety, generates no more than five • thousand (5,000) cubic yards of material per year for off -site USEeand 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 ape ations K One (t) S NGLE EAvMILY DWELLING and, AUXILIARY QUARTERS, FOSTER CARE HOME, or GROUP HOME per LEGAL LOT. L I'ELEcOMMUNIGAT ONS ANTENNA TOWERS no tans!' than thirty-five (35)feet. (See Article IV, Division 10, of this Chapter) M. UTILITY SERViCE €ACiLITIES. N. Water tanke, agriculture-reiated.. V. REPEALED. P. REPEALED. 0. REPEALED.. R. REPEALED. S REPEALED, E REPEALED. U. REPEALED. V REPEALED, - - VV. REPEALED, X. REPEALED. Y. REPEALED. REPEALED. AA. REPEALED, BB. REPEALED. CC.REPCALED, Amend Sac S3-3-30. Accessory uses outside of subdivisions and historic towns➢tee. 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 (°I) 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 Cede. B. Up to Iwo (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 AWAGENT properties and PUBLIC RIGHTS -OF -WAY in conformance with a SCREENING plan approved ley the Department of Planning Services:` to OFFICES. 5. Parking areas end parking STRUCTURES, including parking of one (I. COMMERCIAL VEHICLE per LEGAL LOT F. up to two (2) SEMI TRAILERS USED as ACCESSORY storage per LEGAL LOT. i. STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23.3-20. H. WiND GENERATORS allowed as ACCESSORY USES in Section 23-4-450 of this Chapter. i. REPEALED. 1. REPEALED, K. REPEALED. REPEALED. - - M. REPEALED. N. REPEALED,. O. REPEALED. F REPEALED. U REPEALED. R REPEALED.. Add 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, .AORiCULTURAL PRODUCTION permitted. under Division 17 of Article IV of this Chapter. B. AGRITAINMENI agriculture -related EVENT FACILITIES, AGRITOURISM, and HUNTING LODGES permitted tinder Division 17 of Artiote iv of this Chapter; C. AIRPORTS and AIRSTRIPS. Including crop -dusting operations, permitted under Division 17 of Article IV of this Chapter. D BED AND BREAKFAST FACILITIES permitted under Division 17 of Article IV of this Chapter _, Disposal of BIOSOLiDS and/or DOMESTIC SEPTAGIS permitted under Chapter 14 ot this Code. ., BREW PUBS, BREWERIES, DISTILLERIES, and WINERIES permitted under Division 17 of Article IV of this Chapter, 1 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. CUSTOM MEAT PROCESSINt permitted under Division 17 of Article IV of this Chapter. J. Farm equipment sales, repair and installation facilities permitted under Division 17 of Aticle IV of this Chapter. K Goff courses permitted under Division 17 Of Article IV of this Chapter, L. Cram, seed, teed, and fertilizer retail and _'wholesale sales permitted tinder Division 17 of Article IVo, this Chapter. Leh HOME OCCUPATIONS permideo sander Divisior,13 of Article IV of this Chapter. N. Keeping between five (5) and', eight (it) HOUSEHOLD PETS of one (1) species, or between eight (E) and sixteen (16) HOUSEHOLD PE+S:orr two (2) or more species and,.in addition, up to thirty (30) birds, permitted under Division 17 of Atti IV of this Chapter 0. LANDSCAPING COMPANIES permitted under Division 17 of Article IV of this Chapter. LIVESTOCK sa abatis pan -aided under Division 1'7 of Article iV of this Chapter. u7 MANUFACTURED HOMES and STRUCTURES permitted under Division 3 of Article IV. of this Chapter. A. N:ONCOMMERCIALTOWERS between seventy (70) and one hundred thirty (130) feet in height permitted under Divisscn: 0 of tirnciee IV of this Chapter, OIL AND GAS FACILITIES permitted under Division' 10 of Article ll of this Chapter. I" PIPELINES RS - NATURAL GAS or PIPELINES - PETROLBUM PRODUCTS OTHER THAN NATURAL GAS permitted under Division rs of Atic,ie 6 orells Chapter r. RECREATIONAL FACILITIES. IC and PRIVATE, permitted under Division 17 of Article IV of this Chapter. u O+15 it) Second ,i14QLI FAivilt Y DANELLINi 3 per LEGAL LOT, subject to the provisions, of Division 8 of Article IV of this Chapter, SHOOTING RANGES permitted under Division 17 of Article iV.of this Chapter. • A. SMALL-SCALE SOLAR FACILITIES permitted under Division 1) of Article IV of this Chapter. Y. TELECOMMUNICATIONS ANTENNA TOWERS between rimy -five (35) and seventy (70) feet in height. (See Article IV tiviair' 10, ef,this Chapter.) Z. iCMPORARY seasonal USES permitted under Division 7 of Article iV of this Chapter. Au iinf i,- m , ,,,:r,.:.c n enr,, r hneniinie ,,,, ,. htoii itnrinr n,,: ,hn 17 n# 5.ii.ie iii n++hie 'r,hn#or SMALL SCALE SOLAR FACILI IES permittea under Divislon•i7 of Article (V of this Chapter, TELeCOMMUNICATIONS.AN`PENNA TOWERS between thirty-five (35) and seventy (70) feet in height, (See Ar icle tV Division 10, 'Mlle Chapter) ...... TEMPORARY seasoner USES permitted under Division 7 of Ar Icle 1V of this Chapter. A. Veterinary clinics or animal hospitals permitted under Dlvisier 17 of Article N of this Chapter. B. ',WIND GENERATORS requiring a zoning permit under DIvision 6 ofArticie !V of.this Chapter mead,Bec. 23.3.40. Uses lay special review outside Af.siibdivlsions and historic townsites. ie following BUILDINGS. STRUCTURES and USES may be constructed, occupied, operated and maintained on LOTS outside sSUBDiVISIONS and. HISTORIC TOWNSITES in the A (Agricultural) Zone Distript.upon approval of a Special Review Parma In icordance with the requirements and procedures set forth in Article II, Division 4 of thie Chapter, or Article II, Division 5, in`the' tee of MAJOR FACILmES OF'PUDLIC UTIL mES OR PUBLIC AGENCIES. ANIMAL BOARDING end animal TRAINING FACILITIES where the maximum number of ANIMAL UNITS permitted In. Section 23- -70.0 below.le or traffic to and from the facility exceeds sixty (60) average daily trips. Asphalt or Concrete batch plants. CAMPGROUNDS. More than the number of CARGO CONTAINERS allowed by Section 23-3-30, CHILD CARE CENTERS. COMMERCIAL rodeos and COMMERCIAL roping arenas. Parking of more than the number of COMMERCIAL VEHICLES allowed by right or by permit. CEMETERIES, CHURCHES. COMMERCIAL RECREATIONAL FACILITIES. CORRECTIONAL FACILITIES, subject to Article XV, Section 15-5, of the Weld County Charter . EVENT FACILITIES not agriculture -related. i. Keeping,.raising,-or boarding of EXOTIC ANIMALS. BUSINESSES. i. HELIPORTS. KENNELS, subject to the additional requirements of Section 23-4-400. ! LIVESTOCK CONFINEMENT OPERATIONS, subject to the additional requirements of Section 23-4-350. LU M BERYARDStiNOODWORKING. MAJOR FACILITIES OF PUBLIC UTILITIES OR PUBLIC AGENCIES in accordance with Division 5 of Article II of this.Chaptei: MEDi'utvi SCALE SOLAR FACILITY; subject to the additional requirements of Section 23-5=1030. i Open MINING and processing of minerals, subject to the additional requirements of Article IV, Division 4, of this Chapter. MULTI -FAMILY DWELLINGS, for persons PRINCIPALLY employed at or engaged in FARMING. V. NONCOMMERCIAL TQWFRS requiring approval of a Use by Special Review. ' I. OIL AND GAS STORAGE FACILITIES. OILAND GAS SUPPORT AND SERVICE, ORGANIC'FEINILIZER.PRODUCTION/COMPOSTING FACILITIES. IA. OUTDOOR STORAGE of PUBLIC utility -related equipment. 3B, PIPELINES - DOMESTIC WATER in accordance with Division 6 of Article II of this Chapter, lO. Private SCHOOLS. )D. RACING FACILITIES, IE. REPAIR SERVICE ESTABLISHMENT, F RESEARCH LABORATORIES. 2O. RESIDENTIAL THERAPEUTIC CENTERS. fH More man. the number of SEMI -TRAILERS allowed by right or by permit. I. Solid and hazardous waste disposal sites and facilities requiring Certificate of Designation in accordance with Sections 12-8-10 ird 25-4-380 of this Code. Li. TELECOMMUNICATION ANTENNA TOWERS requiring approval of a Use by Special Review, (K. TRANSLOADING, i-. USES similar to the USES listed es permitted as long as the USE complies with tee general intent of the Zone District, AM. WIND GENERATORS requiring the issuance of Special Review Permit under Division 6 of Article IV of this Chapter. tdd Sec. 23-3-45. Uses allowed by right in subdivisions and historic townsites. uo BUILDING STRUCTURE or land shall be USED, and no BUILDING or STRUCTURE shall hereafter be erected, structurally iltered.enlarged or maintained in the A (Agricuitural).Zone District in SUBDIVISIONS or HISTORIC TOWNSITES except for one (1) a more of the following USES, 1, ANIMAL BOARDING and animal TRAINING FACILITIES where the maximum number of ANIMAL UNITS permitted in Section 23- 1.70.0 below is not exceeded and traffic to and from the facility does not exceed sixty (60) daily trips. 3. CAMPING, FISHING, HUNTING, and noncommercial WATER SKIING. D. COUNTY grader sheds. ). FARMING and GARDENING including STRUCTURES for storage of agricultural equipment and agricultural products end .onfiriement or protection of LIVESTOCK. Converted, partially dismantled, modified, altered or refurbished MANUFACTURED dWMES shall not be utilized as agriculturally exempt BUILDINGS or for the storage of agricultural equipment or agricultural )roducts or confinement or protection of UVESTOCK. ?. NONCOMMERCIAL TOWERS no taller than seventy (70) feet, (See Section 23-4-895.) Police, ambulance, and fire stations or facilities. a PUBLIC parka, -i. PUBLIC SCHOOLS. One (f) SINGLE-FAMILY DWELLING and AUXILIARY QUARTERS, 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 subdivision's and townsites. The following BUiLDINGSSTRUCTURES 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 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 aqd 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 Cede. B. One (1) CARGO CONTAINER per LEGAL LOT. C. OFFICES. D. 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 e SCREENING plan approved by the Department of Planning Services. E. Parking areas and parking STRUCTURES, not including parking of COMMERCIAL VEHICLES. F..STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3-45. G WIND GENERATORS allowed as ACCESSORY USES in Section 23-4-450 of this Chapter. Add Sec 23-3-56. 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 SUI3DIVi5IONS and.HiSTORIC TOWNSITES without prior approval of a land use permit from the Department of. Pleasing Services or Department of. Public. Health and Environment, as applicable, A. AGFiITAINMENT,,agriculture-related EVENT FACILITIES, AGRITOURISM, and HUNTING LODGES. permitted under Division 17 of Article IV of this Chapter. B. BED AND BREAKFAST FACILITIES permitted under Division 17 of Article IV of this Chapter C. BREW PUBS, BREWERIES, DISTILLERIES, and WINERIES permitted under Division 17 of Article IV of this Chapter. D. Parking of one (1) COMMERCIAL VEHICLE per LEGAL LOT permitted under Division 12 of Article iV of this Chapter. E. COMMUNITY BUILDINGS permitted under Division 17 of Article IV of this Chapter. F. CONTRACTOR'S SHOPS permitted: under Division 17 of Article IV of this Chapter. G. Farm equipment sales, repair and installation facilities permitted under Division 17 of Article IV of this Chapter, H, Golf courses permitted under Division 17 of Article IV of this Chapter: i. HOME OCCUPATIONS permitted under Division 13 of Article iV of this Chapter. J. 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 third!. (30) birds, permitted under Division 17 of Article IV of this Chapter. K. MANUFACTURED' HOMES and STRUCTURES permitted under Division 3 of Article IV of this Chapter. L NONCOMMERCIAL TOWERS between seventy (70) and one hundred thirty (130) feet in height permitted under Section 23-4- 895. M. OIL AND GAS FACILITIES permitted under Division 10 of Article iI of this Chapter, N. PIPELINES - NATURAL GAS or PIPELINES - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS permitted under Division 11 of Article II of this Chapter O. RECREATIONAL FACILITIES; PUBLIC and PRIVATE, permitted under Division 17 of Article IV of this chapter. P. One (1) SEMI -TRAILER USED as ACCESSORY storage per LEGAL LOT permitted under Division 11 of Article IV of this Chapter. O. SHOOTING RANGES permitted under Division 17 of Article IV of this Chapter, U R. SMALL SCALE SOLAR FACILITIES permitted under Division 17 of Article IV of this Chapter. 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 o€ 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 See. 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 23.3-57 above. B. AGRICULTURAL PRODUCTION, C. ANIMAL BOARDING and animal TRAINING FACILITIES where the maximum number of ANIMAL UNITS permitted in Section 23- 3-70..0 below is exceeded or traffic to and from the faciity exceeds sixty (60) daily trips, D.CAMPGROUND5, S. More than one (1) CARGO CONTAINER. F CEMETERIES. G. CHILD CARE CENTERS H. CHURCHES. t COMMERCIAL lrECREATIONAt, 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. 0. HOME BUSINESSES. P LIVESTOCK saleoarns. O. KENNELS. R. ORGANIC FERTILIZER PRODUCTION/COMPOSTING FACILITIES. S. OUTDOOR STORAGE of PUBLIC utif'ity-related equipment. T. Private SCHOOLS. U, REPAIR SERVICE ESTABLISHMENT, V. RESIDENTIAL THERAPEUTIC CENTERS. W. RESTAURANT& X. One (t) second SINGLE-FAMILY DWELLING per LEGAL LOT, subject to the provisions of Division 8 of Article IV of this Chapter. Y. More than tee number of SEMI -TRAILERS allowed by right or by permit. Z. USES similar to the USES listed as permitted as long as the USE compiles with the general intent of the Zone District, AA. WIND GENERATORS requiring the issuance of Special Review Permit under Division 6 of Article IV of this Chapter. Add Sec, 2334-65. Uses by special review in historic townsltes- The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained on LOTS in HISTORIC TOWNSITES in the A (Agrlccultural) 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 totalLOT 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 Seption 23- 3-70.0 below is exceeded ortratfc 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: N. Parking of more than the number of COMMERCIAL VEHICLES allowed by right or by permit. 0. CUSTOM MEAT PROCESSING. P. Disposal' on DOMESTIC SEPTAGE permitted under Chapter 14 of this Code. Q. EVENT FACILITIES not agrioUlture-related. R. Keeping, raising or boarding of EXOTIC ANIMALS. S. FUNERAL HOMES or iriortuaties T. Grain, seed. feed, and fertilizer retail and wholesale sales. U. HELIPORTS: V. HOME BUSINESSES. W. HOTELS/MOTELS. N. LANDSCAPING COMPANIES. Y LIVESTOCKsalebarns, Z, LUMBERYARDSIW000WORKING, AA. KENNELS. BE. NIGHTCLUBS, BARS, LOUNGES OR TAVERNS. CC, ORGANIC FERTILIZER PRODUCTION/COMPOSTING FACILITIES. DD: OUTDOOR STORAGE of PUBLIC utility -related equipment. ES. Private SCHOOLS, • FE REPAIR SERVICE ESTABLISHMENT GO. 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 allowed by right or by permit, LL TRANSLOADING. MM. USES similar to the USES listed aspermitted as long as the USE complies with the general intent of the Zone District. NH. WIND GENERATORS requiring the issuance of Special Review Permit under Division 6 of Article IV of this Chapter. Add Sec. 23-3-70, Bulk requirements. The following (tats 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 es half of a quarter section), 2. Dry: eight: (801 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 SETBACt₹: twenty {20) feet. Roadside stands shall be located not less than fifty (60) feet from any PUBLIC RIGHT -OF- . WAY C. Minimum OFFSET: three (6) feet.' or one (I) 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) dr more species, except that on a LOT of at least ten el0) 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 (18) HOUSEHOLD PETS of two (2) or more species, and up to `thirty (30) biros. E. No occupied BUILDING or STRUCTURE shah be constructedwithin two -hundred (200) feet of any TANK BATTERY within one hundred -f ire (150) feet of any oil and gas wellhead or within twenty-five (25) feet of any plugged or abandoned of 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 STREETSIROADS. No colored fights may be used which may be confused with or construed as traffic control devices. Bivisiori 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 anal 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 seater requirements, A For ail 'P Zone Diet, rc ts, all USES requiring water on LEGAL LOTS created prior to August 25, 1981 snail provide evidence that an adequate source of water and an adequate sewagedisposai system are available prior to the issuance a, e building pafinit: The sewage disposal system shall comply with the On -Site -Wastewater Treatment System regulations contained in Chapter 30 of this jorellow a for ii R Zone Distria s at 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 shat comply with toe. On -Site Wastewater Treatment System regulations contained in Chapter 30 of this Code or shad be served by PUBLIC SEWER Service, LEGAL LOTS created prior to August 25< 1981: butfeter combined to forma larger LOT shall be considered as hating been created prior to said date for the purpose of thi 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 fot 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 same as a transition between E and R-2 Zone Districts and should be located such that driveways will be located on low -traffic, boost PUBLIC or private STREETS/ROADS or ALLEYS. B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be USED, and no BUILDING orr-STRUCTUREshall hereafter be erected, structurally altered, enlarged or maintained in the R -'l Zone District except for one (1) or more of the following USES. 'I. FISHING and noncommercial WATER SKIING. 2. GARDENING. - - 3. One (1) NONCOMMERCIAL TOWER up to forty (40) feet in height per LEGAL LOT. (See Section 2344.895.) 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 at 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 TOVVNSITES shall not exceed four (4) percent of the total LOT area, except in Regional Urbanization Areas (RUA) whichshall adhere to RUA,development standards, However, in no case shall such,an ACCESSORY BUILDING to 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 23-3-110.8, 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 permitted under Division 13 of Article IV of this Chapter. 2. One(I) NONCOMMERCIAL TOWER between forty (40) end seventy'(70) feet in height per LEGAL LOT permitted udder Section 23-4-895. .. 3. OIL AND GAS FACILITIES permitted under Division 10 of Article Il of this Chapter, 4, PiPELiNES - NATURAL GAS or PIPELINES e PETROLEUM PRODUCTS OTHER THAN NATURAL GAS permittedunder 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 FE1 Zone District upon approval of a permit in accordance with the requirements and procedures set forth in Article It 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. , 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 sewe 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 •S1 REEFS or ALLEYS. B. Uses slioweo by Right No BUILDING, STRUCTURE or land shall be used and no BULDING 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 end 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 aiiowed 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. I. CHURCHES 2 COMMUNITY BUILDINGS. it G If courses 4 Police, ambulance, and fire stations or facilities. 5. Private SCHOOLS. 6. RECREATIONAL FACILITIES. PUBLIC and PRIVATE. D. Accessory Uses The toliowing BUi UiNGS STRUCTURES and USES shall be allowed in the P-2 Zore District so long as tney 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, 19811 on LOTS of less than ten (10) acres. in SUBDIVISIONS and HISTORIC TOvVNa,1 E a shall not exceed four (4,) percent of the total LOT area, except in Regional Urbanization Areas (RUA), which sham adhere to ';11A development standards However in no case shall such an ACCESSORY. BUILDING ,n a SUBDIVISION or -HISTORIC TOWNSITE exceed twice the GROSS Fl OCR AREA of the principal DWELLirIG 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, I Parking areas and parking STRUCTURES, not including, patting 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 ACCESSORRr 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. I. 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) lest it height per LEGAL LOT permitted under Section23-4-895. :. 3 OIL AND GAS FACILITIES permitted under Division 10 of Article If of this Chapter. 4. PIPELINES NATURAL GAS or PIPELINES - PETROLEUM PRODUCTS OTHER HER THAN NATURAL GAS permitted under Division It o'Ar,icie Il 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 EtUiLDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained in the R-2 Zone District upon approval of a permit in accordance whit the requirements and procedures set fforth in Article II, Division 4 of this Chapter 1. ACCESSORY BUILDINGS with a GROSS FLOOR AREA larger than tour (4) percent of the total LOT area, as detailed in Sunday, May 12, 2019 Subparagraphs 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 GENERORS AT3firing the issuance of Special Review Permit under Division 6 of Article IV of this Chapter AmendSec. (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. B. Uses Allowed by Right. No BUILDING, STRUCTURE orland 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 fallowing 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. 4. RECREATIONAL FACILITIES, PUBLIC and PRIVATE. 7, TRIPLEX DWELLINGS and 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 en 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 maybe 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 23-3-130,8, 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, s 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 1.1 of Article it of ti45 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 il, Division 4 of this Chapter. 1. ACCESSORY BUILDINGS with a GROSS FLOOR AREA larger than four (4) percent of the fatal LOT area, as detailed in Subparagraph D above. 2. CEMETERIES. .3. CHILDCARE 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 ('I) or more of the following USES. 1. DUPLEX DWELLINGS, 2. FISHING and noncommercial WATER SKIING. 3, FOSTER CARE HOMES. 4. GARDENING. 6. 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 it 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 TRIPLEX DWELLINGS and 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 TUWNSiTE exceed twice the GROSS FLOOR AREA of the principal DWELLING UNIT on the LOT except by VARIANCE. Any ACCESSORY -BUILDING made nonconformingby 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 23-3-140.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 (i) 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 it 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 CISRE CENTERS. 4, HOSPITALS, nursing homes, rehabilitation centers. 5. PIPELINES DOMESTIC WATER in accordance with Division 6 of Article II of this Chapter. aUbperagrepn D abcnse. CEMETERIES. Cf4ILD CARE CENTERS. - —HOSPITALS, using homes, rehabilitation centers: . PIPELINES DOMES TIC WATER in accordance with Division 6 of Article li of this Chapter RESADENTIAL THERAPEUTIC CENTERS - USES similar to the USES listed as 9e"mitte' as long as the USE complies with the general intent of the Zone District. I, WIND GENERATORS requiring the ;cadence of Special Review Permit under Division 6 of Article IV of this Chapter. Emend Sec. 233-150 B-5 (Manufactured Rome Residential) Zone District. i. intent. The purpose of the FIS-Zone District is to provide areas for single-family and DUPLEX residential occupancy. These areas re intended to be located, designeei rind developed in compliance with the appl€cable, requirements of Chit Code, The R-5 Zone listriot is also intended to accommodate nonresidential land USES that are ACCESSORYto, or compatible with, residential USES, I. Uses Allowed by Right. No BUILDING, STRUCTUREor land shall be USED, and no BUILDING or STRUCTURE shall be ereafter erected, structurally altered, enlarged or maintained in the "R 5 Zone District, except for one (1) or more of the following 'rSES. < - . FISHING and noncommercial WATER SKIING, . GARDENING One ('I) NONCOMMERCIAL TOWER up to forty (a0) feet in height per LEGAL LOT. (See Section 23-4-895.) PUBLIC pants. PUBLIC SCHOOLS. One (1) SINGLE-FAMILY DWELLING, DUPLEX DWELLING, FOSTER CARE HOME, or GROUP HOME FACILITY per LEGAL, LOT. . UTILITY SERVICEFACILiTIES, Uses allov'ed Subject to Site Plan Review. The following USES shall be allowed in the R-5 Zone District following approval and rcordingof a Site Plan in accordance with Article II Division 3, of this Chapter CHiiRCHES, COMMUNITY BUILDINGS. . Golf courses, ., Polic , airbulence, and tire.stetions or facilities. Private SCHOOLS. i. RECREATIONAL FACILITIES PUBLIC and PRIVATE. ). Accessory Uses The following BUILDINGS, STRUCTURES and USES shall be allowed in the R-5 Zone District so tong as hey are clearly incidental and ACCESSORY to en allowed USE. Note: The combined GROSS FLOOR AREA of all ACCESSORY 3UILD€NGS constructed after the original effective date of this Chapter (August 25, 1981) on LOTS of less than ten (10) acres in 3UBDIVISiONS and HISTORIC IOWNSITES shall not exceed four (4) percent of the total LOT area, except in Regional Urbanization tress (RUN. which shalt adhere to RUA development standards. However, in no case shall such an ACCESSORY BUILDING in Su6OIViSION or HISTORIC TUWNSIfE 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 it restored in total Parking areas -and parking STRUCTURES, not including parking of COMMERCIAL VEHICLES. I. STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3-150.B, not including CARGO GNTAINERS. Swimming pools: tennis courts and similar ACCESSORY USES and STRUCTURES. 1. 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-5 Zone District v€inoui prior approval of a land use permit from the Department of Planning Services. HOME OCCUPATIONS - CLASS I permitted under Division 13 of Article IV of this Chapter. One ('i) NONCOMMERCIAL TOWER between forty (40) and seventy (70) feet in height per LEGAL LOT permitted under Section 34895. I. OIL AND GAS FACILITIES permitted under Division 10 of Article li of this Chapter, PIPELINES - NATURAL GAS' or PIPELINES -. PETROLEUM PRODUCTS OTHER THAN NATURAL GAS permitted under Division 1 of Artiuii- f of this Chapter. WIND GENERATORS requiring a zoning permit under Division 6'. of Article IV of this Chapter, Uses by Special Review The foilowing BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and naintaineo in the R-5 Zone District upon approval of a permit in accordance with the requirements and procedures set forth in Miele li, Division 4 of this Chapter'. ACCESSORY GUiLDrNGS With a GROSS FLOOR AREA larger than four (4) percent of the total LOT area, as detailed in ,u`oparagraph D shove. CEI\.IFTERIES. CUED CARE C ENTER5. HiDSPITALS, nursing sing homes. rehabilitation centers. PIPELINES DOMESTIC WATER in accordance with Division 6 of Article II of this Chapter I. RESIDENTIAL THERAPEUTIC, CENTERS. USES similar to the USES iiSteU as permitted as long as the USE complies with the general intent of the Zone District. WIND GENERATORS requiring me issuance of Special Review Permit underDivision 6 o Article IV of this Chapter. attend See,. 23-3-160. Bulk requirements. able 23.2 oerow lists the Bulk Requirements for the R -'I, R-2. R-3. R-4 and R-5 Zone Districts. All BUILDINGS, STRUCTURES, ISES, and land in the Residential Zone Districts are subject to the requirements contained in this Section. Sectia7� A. Minimum LOT size (so. ft:66,000 000 Table 20,2 Bulk Requirements for R-1,11-2, R-3, R-4, and R-5 Zone Districts -2 ctuirement B. Minimum LOT area per DWELLING UNIT (so. C. j Minimum LOT width Minimum SETBACK (feet) H. Maximum BUILDING HEIGHT (feet) Maximum LOT COVERAGE (%) 20 6,000 3;000 50 20 6,000 3,000 50 20 FTC R-5 ,000 6,000' ,500 3,000 50 50 20 20 Five d) feet, or one (1)foot for each three (3) feet of BUILDING HEIGHT, whichever is greater. or zero (01 for at ached 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 I 45 r 30 50 L 60 60 I 70 60 Maximum number of ANIMAL UNITS permitted per Two (2) per LOT in R-1 Zone District, ANIMAL UNITS are not permitted in the R-2, R-3,11-4 and R-5 Zone Districts. Up fo.four:(4) of one (1) species or a total of seven (7) of two (2) or more species, • LOT Maximum number of HOUSEHOLD PETS per premises Delete Table 23.5 - B 'ik Requirements for R 5 Zone District. J Minimum OFFSETS and SETBACKS for EXISTING MANUFACTURED HOME PARKS. I. The side avid rear vary OFFSET requirements in MANUFACTURED HOME PARKS shall be based on the distance between uIANUFAC i 1°ED HOME units measured from the closest point or edge of the MANUFACTURED HOME as follows; D. Ten (101 feet between MANUFACTURED HOMES if the units are placed end (width) to end (width). D. Fifteen (1 6) feet between; NIANUFACTUFlED HOMES it the units are placed side (length) to side (length), le Twelve and o re half i12.5) feet between MANUFACTURED HOMES if the units are placed side (length) to end (width). 1 For he pt -nose of this Subsection, the cods (width) of MANUFACTURED HOMES that are greater than sixteen (16) feet in width, ,uon as double -wide MANUFACTURED HOMES, shall be considered to be sides of the MANUFACTURED HOME in measuring l,stanres between MANUFACTURED HOME ants'. : D. A rvl,tiNt FACTURED HOME shall have a minimum OFFSET of five (5) feet from the perimeter of the MANUFACTURED HOME 'ARK. - - ACCESSORY BUILDINGS and STRUCTURES on the same LOT or space as a MANUFACTURED HOME shall have a minimum :iearance 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 trearance of ten (I0) feet from any other RTRUuC rURE or MANUFACTURED HOME. t. REPEALED. s No oceupieo EctiLDi141G or STRUCTURE shall be constructed within three -hundred -fifty (350) feet of any OIL AND GAS AGILITY of within twenty-five (25) feet of any plugged or abandoned oil and gas well. v. Sources of ngnf shalt of shielded so that beams or rays of light will not shine directly onto ADJACENT properties or PUBLIC 1r private STREE FSIPOAri Neitti'er Inc direct nor reflected light from any light source may create a traffic hazard to operators of stator vehicles on PUBLIC of private STREETS/ROAD. No colored lignts may be used which may be confused with Or construed as raffle, control devices. Sec, 23.3 170 W Perusing of undeveloped land, ARMING shall be allowed on any undeveloped land in any R Zone District as long as the maximum number of ANIMAL UNITS per _DT is not exceeded in the R-1 Zone District No ANIMAL UNITS are permitted in other R Zone Districts, Division 3 • Comimerciel Zone Districts 4inene Sec. 23.3-20U intent. the COMMERCIAL Zone Districts are intended to implement the goals and policies of the COMPREHENSIVE PLAN and promote rconomic development and lob creation by setting aside areas for businesses. These districts have been established to provide for Sunday, May 12, 2019 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. Nc 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 thin section. No OUTDOOR.STORAGE is allowed in the C-i Zone District. 1. One (i) 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 allowedsubject 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. 1.7. 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 I-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 23-3-210.8, 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 O-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 ft/ 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. ' 6: Open MINING and processing of minerals. 6. PIPELINE - DOMESTIC WATER in accordance with Division 6 of Article jl of this Chapter.' 7, RECREATIONAL.FACIUTIES, 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. G. REPEALED. H. REPEALED. Amend Sec. 23-3-220. C-2 (General Commercial) Zone District. A. intent. The purpose of the 0-2 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 It, 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,,fesd, 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. 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. 20. REPAIR SER''JICE ESTABLISI-IMENT, Pt. RESTALIRANTS. 22. RETAIL/SERVICE. ESTABLSHMENTS with a total GROSS FLOOR AREA of up to twenty thousand. (20,000) s 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 i-3. 1. Loading areas. 2; Parking areas and parking STRUCTURES for USE by employees, customers and company vehicles. 3. One (1) SiNGLE-FAMILYDWELLINGUNIT 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 (i) 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 A licle 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 ot'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 0-2 Zone District upon approval of a permit in accordance with the requirements of Article H. Division 4 of this Chapter. 1. CEMETERI€5. 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, G. REPEALED. H. REPEALED. Amend Sec. 23-3.230, 0-3 (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. II. 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, 7 33. THEATERS and convention halls, 34. VEHICLE RENTAL, SALES. SERVICE and/or REPAIR ESTABLISHMENTS. C 35. Veterinarian clinics and animal hospitals. r' 26. WHOLESALE TRADE ESTABLISHMENTS. D. Accessory Uses. The following;BUILDINGS, STRUCTURES and USES shall be allowed in the C-3 Zone District so long as 1 they are clearly incidental and ACCESSORY to an allowed USE and included on an approved and recorded Site Plan. Any USE 2 conducted outside of an ENCLOSED BUILDING shall be SCREENED from adjacent PUBLIC RIGHTS -OF -WAY and ADJACENT 3 LOTS in any Zone District other 1-3. 4 1. Loading areas. 5' 2. One (1) SINGLE-FAMILY DUELLING UNIT when USED as living quarters for the proprietor, employees, caretakers or security 6 personnel responsible for operating, maintaining or guarding the property where such DWELLING UNIT is ENCLOSED within the 7I PRINCIPAL BUILDING. 8 3. STRUCTURES and BUILDINGS ACCESSORY to USES permitted. under Section 23a3-230.6, not including CARGO 9, CONTAINERS. 1' 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 11 without prior approval ofa land use permit from the Department of Planning Services. 1( 1 one (1) MANUFACTURED HOME per LEGAL LOT, when USED as living quarters for caretaker or security personnel responsible it for maintaining or guarding the property, permitted under Division 3 of Article IV of this Chapter. 1! 2. One (1) NONCOMMERCIAL TOWER between forty (40) and seventy (70) feet in height per LEGAL LOT permitted under Section 1t 23-4-895. 1' 3. OIL AND GAS FACILITIES permitted under Division 10 of Article II of this Chapter It 4. PIPELINES - NATURAL GAS or PIPE -LINES - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS permitted under Division 11 11 ofArticle II.o'fthis Chapter 2( 5. "TELECOMMUNICATIONS ANTENNA TOWERS between thirty-five (35) and seventy (70) feet in height permitted under Division 10 of Article IV of this.Chapterr. 6. TEMPORARY seasonal. USES permitted under. Division 7 of Article IV of this Chapter %, 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 =l4,' Division 4 of this Chapter: !, AIRSTRIPS when they are ACCESSORY to the Use Allowed by Right. 2, CEMETERIES. 3. KENNELS. 4. Open MINING and processing of minerals. 5. PIPELINE - DOMESTIC WATER in accordance with Division 6 of Article II of this Chapter 6. RESIDENTIAL THERAPEUTIC CENTERS, 7. TELCCQIMMMUNi4ATIONS-ANTENNA TOWERS over seventy (70) feet in height. 8. USES similarto the USES listed as permitted as long as the USE complies with the general intent of the Ions District. 9, Veterinary clinics or animal hospitals, 10, WIND GENERATORS requiring the issuance of Special Review Permit under Division 6 of Article IV of this Chapter. G. REPEALED. Fk. REPEALED, Amend Sec. 23-3-240. C-4 (Highway Commercial). Zane District, . A. No area of the ;CQUN T Y shall be rezoned to the C-4 Zone District after July 25, 2019. B. Uses Allowed by Right. No BUILDINGS, STRUCTURES er land shall be' USED and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the C,-4 Zone -District aexceptfor one 11) 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 0-4 Zone District following approval and recording of a Site Plan itt ccordance 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, A. COMMUNITYBUILDINGS, 5. Golf courses_.:. E Grain, seed, feed, and fertilizer retail and wholesale' sales establishments. 7. HOSPITALS, nursing homes,. rehabilitation canter. 8 HOTELS/MOTELS. 9, Police, ambulance, and fire stations hr 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. D- Accessory Uses The following BUILDINGS, STRUCTURES arid USES shall be allowed in the C--4 Zone District SO tong as they are clearly incidental and ACCESSORY to an allowed USE and Included on an approved and recorded Site Plan. Any USE conducted outside ofan ENCLOSED BUILDING shall be SCREENED from adjacent PUBLIC RIGHTS -OF -WAY and ADJACENT LOTS in any Zone District ethei 1-3. 1 Loadingareas: Parsing areas and parking STRUCTURES for USE by employees, customers and company vehicles. 3 OUTDOOR STORAGE, as long as it rs SCREENED from PUBLIC RIGHTS -OF -WAY and all ADJACENT properties. 4. REPAIR SERVICE ESTABLISHMENT. 5. STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23M -240.B, not including CARGO CONTAINERS, 6 'ViND 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 itiee pen,it from the Department of Planning Services. 1 OIL AND GAS FACILITIES permitted under Division 10 of Article If of thisChapter, 2 PIPELINES - NATURAL GAS or PIPELINES - PETROLEUM PRODUCTS OTHER Ti -IAN NATURAL GAS permitted under' Division i 1 of Article fl 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 DHaision 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 E Uses 23-4-895 maintained in the 0-4 Zone District upon approval of a pern-ft inUaccordaRES � e ya h thS e re qu ements e constructed, Arti Article it , occupied. Division and Chapter 1. CHURCHES. 2, P/PELINE DOMESTIC WATER in accordance with Division 6 of Article II al this Chapter 3, RESIDENTIAL THERAPEUTIC CENTERS. 4 TELECOMMUNICATIONS ANTENNA TOWERS over seventy (70) feet in height. 5, USES simile, to the USES listed as permitted as long as the USE complies with the general intent of the,Zone .District:. t3. . WIND GENERATORS requiring the issuance of Special Review Permit under Division 6 of Article IV of this Chapter. REPEALED. I. REPEALED. Mmend Sec 23-3.250. Bulk standards, BUILDINGS, STRUCTURES, USES, and aand located in the Commercial Zone Districts shall be located, designed, USED and iecupied in accordance with the requirements enumerated In this section. 1. Minimum SETBACK: twenty-five (25) teat )elete Table 23.6 Minimum Standards for Accesses. 3. Minimum OFFSET. ten (10) feet, 8. No occupied BUILDING or STRUCTURE shall be constructed within two hundred (200) feet of any TANK BATTERY within one iundred. fifty (050) feet of any oil and gas wellhead, or within twenty-five (25) -feet of any plugged or abandoned oil and gas "tell. i Maximum LOT COVERAGE:- No more than eighty-five percent (85%) of the total area of a LOT in any Commercial Zone District hall be covered. tivision'4 - Industrial Zone Districts . . imendPec.23-3.:300 Intent. he purpose of the industrial Zone Districts is to implement the goals and policies of the COMPREHENSIVE PLAN ono tirovide reds tot operation of land USES associated with distribution and warehousing of commodities as well as prodectio t, taorication, 'widen -luring. assembling and processing of materials. The Industrial Zone Districts have been established topromoteeconomic eveiopment and joie r r anon; to protect industry from the encroachment of residential and less. intense COMMERCIAL USES,,:. i reduce the adverse impacts of industries on surrounding, nonindustrial properties; and to encourage industrial develeenient in, eas that are compatible with heavy infrastructure and' where necessary utilities are in place or reasonably attainable, mend Sec 20-3-310, 4--1 (Light industrial) Zone District; intent The purpose of thel-1 Zone District is to provide a zone to accommodate light industrial and compatible C OM,VERCi,AI, SES that emote minimal negative impacts and are conducted primarily in ENCLOSED BUILDINGS. 1-1 District properties are .ceesibie to the public consul is Q i rated, less resource -intensive than heavy industry,have minimal environmental impacts, id may be located neat residential areas if designed properly. Properties :zoned I-1 should provioe ecoI wine' development and npioyme,t, encourage a balanced, diversified economy, and nay serve sea transition between noniehhistrial I.'SEA emit the more tense Industrial Zone, Districts. Uses Allowed by •Right No BUILDING, STRUCTURE or land shall be used and no BUILDING of S TFIUCTURO that hereafter derected, ', ructi ally altered, enlarged or maintained in the I-1 Zone District except for one I f I an +t o_r of the USES listed in this Asphalt er concrete baton clients USED TEMPORARILY and exclusively for anon-site consn',eciion project ci the cons 'muon a PUBLIC STREET/ROAD improvements project, The six-month /imitation for this TEMPORARY USE may be extended iii six - ends inarem its at the discretion of the Director of Manning Services up to two (2) times, and hereafter by the Board of County irrmissione s, COUNTY grader sneds.. One 1i} NONCOMMERCIAL TOWER up to forty (40) feet in height per LEGAL LOT. (See Section 23-4-895.1 PuBL IC; PARKS, PUBLIC SCHOOLS. T ELECOlv,M of Ile'AT C N ANTENNA l ENNA COWERS up to thinly -five (35) feet in height. TEMPORARY morrow pits lesEID exclusively for the completion of a PUBLIC STREET/ROAD improvemen UI'ILliC'SEIWICE i'flciLTTiSy. Uses ailni,rari 6, ih,aw +. orty (40) feet in height per LEGAL LOT. (See Section 23-4-895; COUNTY grader sheds. One (I) NONCOMMERCIAL TOWER up to PUBLIC PARKS. i. PUBLIC SCHOOLS TELECOMMUNICATION ANTENNA TOWERS up to thirty-five (35) feet in height. TEMPORARY borrow pits USED exclusively for the completion of a PUBLIC improvement project, . UTILITY SERVICES ACI'LETIES. I. Uses allowed subject to Site Plan Review. The following USES shall be allowed in the I-1 Zone District following approval and wcording of a Site Plan in accordance with Article It, Division 3. of this Chapter, Any USE conducted outside of an ENCLOSED iUILDING shall be SCREENED from adjacent PUBLIC RIGHTS -OF -WAY and ADJACENT LOTS in any Zone District other -3, . AGRICULTURAL PRODUCTION, - - .Any indoor USE of a manufacturing, fabricating, assemblingor warehouse nature, BREW. PUBS, BREWERIES, DISTILLERIES, and WINERIES, CAR WASHES and gas stations. COMMERCIAL SCHOOLS, . COMMERCIAL STORAGE BUILDINGS. CUSTOM MEAT PROCESSING. DISTRIBUTION CENTERS. Farm equipment sales, repair, and installation facilities. ). FUNERAL HOMES and mortuaries. t, Golf courses, . Grain, seed, feed, and fertilizer retail and wholesale sales establishments. Headquarters or service facilities for taxi services, bus services and other services involving the transportation of people. I. HELIPORTS. I. HOTELS/MOTELS. i INDOOR SHOOTING RANGES. LANDSCAPING COMPANIES, 3. LUMBERYARDS/WOODWORKING. #. OFFICES. ).OUTDOOR STORAGE of PUBLIC utility -related equipment. I. Police, ambulance, and fire stations or facilities. '. RECREATIONAL FACILITIES, COMMERCIAL, PUBLIC and PRIVATE. I. REPAIR SERVICE ESTABLISHMENT I. RESTAURANTS. RETAILSERVICE ESTABLISHMENTS with a total GROSS FLOOR AREA of up to three thousand (3,000) square feet per LEGAL 1. SCHOOLS, private. . SMALL SCALE SOLAR FACILITY. TI-iEATERS and convention halls. VEHICLE RENTAL, SALES, SERVICE and/or REPAIR ESTABLISHMENTS, Veterinarian clinics and animal hospitals. WHOLESALE TRADE ESTABLISHMENTS. Accessory Uses. The following BUILDINGS. STRUCTURES and USES shall be allowed in the I-1: ZoneDistrictso long as ay are clearly incidental and ACCESSORY to an allowed USE and included on an approved -and recorded Site Plan, Any USE nducted outside of an ENCLOSED BUILDING shall be SCREENED from adjacent PUBLIC RIGHTS -OF -WAY and ADJACENT ITS in any Zone District other 1-3. CARGO CONTAINERS. Loading areas. Parking areas and parking STRUCTURES for USE by employees, customers and company vehicles, SEMITRAILERS as. accessory storage.. STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3-310.8. 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 1-1 Zone District pout prior approval of a land use permit from the Department of Planning Services. One (1) MANUFACTURED HOME per LEGAL LOT, when USED as living quarters for caretaker or security personnel responsible maintaining or guarding the property, permitted under Division 3 of Article IV of this Chapter, Dne (1) NONCOMMERCIAL TOWER between forty (40) and seventy (70) feet in height per LEGAL LOT permitted under.Seetloo -4-895. DiL AND GAS FACILITIES permitted under Division 10 of Article II of this Chapter. 'IPELINES NATURAL GAS or PIPELINES - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS permitted under Division of Article II of this Chapter. TELECOMMUNICATIONS ANTENNA TOWERS between thirty-five (35) and seventy (70) feet in height permitted under Division of Article IV of this Chapter LEMPORARY seasonal uses permitted under Division 7 of Article IV of this Chapter. BIND GENERATORS requiring a zoning permit under Division 6 of Article IV of this Chapter. lees by Special Review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and intained in the I-1 Zone District upon approval of a permit in accordance with the requirements of Article II, Division 4 of this apter. AIRSTRIPS when they are ACCESSORY to the Use Allowed by Right. liHURCHES. ;ORRECTIONAL. FACILITIES, subject to Article XV, Section 15-5, of the Weld County Charter. )OMESTIC SEPTAGE disposal subject to Chapter 14 of this Code. 4EAT PROCESSING, 4EDIUM SCALE SOLAR FACILITIES. )pen MINING and processing of minerals. 'IPELINE - DOMESTIC WATER in accordance with Division 6 of Article II of this Chapter tESEARCH LABORATORIES. TELECOMMUNICATIONS ANTENNA TOWERS over seventy (70) feet In height, USES similar to the USES listed as permitted as long as the USE complies with the general intent of the Zone District. WIND GENERATORS requiring the issuance of Special Review Permit under Division 6 of Article IV of this Chapter. fEPEALED, end Sec. 23-3-320.1-2 (Medium Industrial) Zone District. )tent, The purpose of the I-2 Zone District Is to designate areas for industrial USES with more intense, higher traffic, or larger e USES than the I-1.Zone District, lees Allowed by Right. No BUILDING, STRUCTURE.or land shall be USED and no BUILDING or STRUCTURE shall hereafter be-. aed, structurally altered, enlarged or maintained in the 1-2 Zone District except for one (1) or more of the USES inthis section. sphalt or concrete batch plant USED TEMPORARILY and exclusively for an on -site construction project or the completion PUBLIC STREET/ROAD improvements project. The six-month limitation for. this TEMPORARY USE may be extended in six.- ith increments at the discretion of the Director of Planning Services up to two (2) times, and thereafter by the Board of County lmssioners. OUNTY grader sheds. ne (1) NONCOMMERCIAL TOWER up to forty (40) feet in height per LEGAL LOT, (See Section 23.4-895.) UBLIC PARKS. UBLIC SCHOOLS. ELECOMMUNICATION ANTENNA TOWERS up to thirty-five (35) feet in height, EMPORARY borrow pits USED exclusively for the completion of a PUBLIC STREET/ROAD Improvement project. TILITY SERVICE FACILITIES. lees allowed subject to Site Plan Review. The following USES shall be allowed in the 1-2 Zone District following approval and rding of a Site Plan in accordance with Article II, Division 3, of this Chapter, Any USE conducted outside of an ENCLOSED _DING shall be SCREENED from adjacent PUBLIC RIGHTS -OF -WAY and ADJACENT LOTS in any Zone. District other I-3. DRICULTURAL PRODUCTION. 1y USE of a research, repairing, manufacturing, fabricating. assembling, processing, or storage nature., OSOLID and DOMESTIC SEPTAGE disposal subject to Chapter 14 of this Code. REWERIES, DISTILLERIES, and WINERIES. 4R WASHES and gas stations, OMMERCIAL STORAGE BUILDINGS. JSTOM MEAT PROCESSING. STRIBUTION CENTERS. Irm equipment sales, repair, and installation facilities: grain, seed, feed, and fertilizer retail and'wholesaie sales establishments. jolt courses. headquarters or service fabilitiesfor taxi services, bus services and other services involving the transportation of people. IELIPORTS. \DOOR SHOOTING RANGES, ANDSCAPING COMPANIES. U M B ERYA R DS/ W OO D W O R K I N G. )FFICES: )IL AND GAS SUPPORT AND SERVICE. AIL AND GAS STORAGE FACILITIES, IUTDOOR STORAGE. F8 TRIUNE 21. OUTDOOR STORAGE of PUBLIC utility -related equipment. 22. ORGANIC FERTILIZER PRODUCTION/COMPOSTING FACILITIES, 23. Parking areas and parking STRUCTURES. 24. Police, ambulance, and fire stations or facilities, 25. RACING FACILITIES, 26. REPAIR SERVICE ESTABLISHMENT 27. RETAIL/SERVICE ESTABLISHMENTS with a total GROSS FLOOR AREA of up to three thousand (3,000) square feet per LEGAL. r LOT. 28, SMALL SCALE SOLAR FACILITY, 29. TRANSLOADING. 30. THEATERS and convention halts. 31. 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 end included on an approved and recorded Site Plan. Any USE conducted outside of an ENCLOSED BUILDING shall beSCREENED from adjacent PUBLIC RIGHTS -OF -WAY and ADJACENT LOTS in any Zone District other 1-3. 1. AIRSTRIPS, 2. CARGO CONTAINER$. 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 23-3:320.5, 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 uponapproval of a permit in accordance with the requirements of Article H, Division 4 of this Chapter. 1, Asphalt or concrete batch plants. 2. Coal gasification facility. 3. COMMERCIAL JUNKYARDS. 4. COMMERCIAL SCHOOLS. 5. COMMERCIAL TRUCK WASHOUT FACILITIES: 6. CORRECTIONAL FACILITIES, subject to Article XV, Section 15-5, of the Weld County Charter, 7. MAJOR FACILITIES OF PUBLIC UTILITIES OR PUBLIC AGENCIES in accordance with Division 5 of Article II of this Chapter. 8. MEAT PROCESSING. 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.'1ELECOMMUNICATIOIVS 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. G. REPEALED. 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 nave limited public access Properties zoned I-3 snould 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 I-3 Zone District, except for one (1) or more of the USES listed in this section. 1. Asphalt or concrete batch plant USED TEMPORARlI Y and exclusively'ior an on -site construction project or the completion of a PUBLIC STREET/ROAD improvements project. The six-month limitation for this TEMPORARY USE maybeextended 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 pins USED exclusively for the completion of a PUBLIC STREET/ROAD improvement protect: 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 I-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 ESTABLUSHMENTsubject 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, 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 e,quipmentsales, 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. 29. 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. 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 F3 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. are ciearry , ... 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 23-3-330.3. 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 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 livingquarters for caretaker (ii w -Li '5 for maintaining or guarding the property, permitted under Division 3 of Article IV of the Chapter, ' 2. One (1) NONCOMMERCIAL TOWER between forty (40) and seventy (70) feet in height per LEGAL LOT x 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 eel 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 seasoner USES permitted under Division 7 of Article IV of this Cnapter, 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 add 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 16-6. of the Weld County Charter, 5. HEAVY MANUFACTURING— PROCESSING. 6, MAJOR FACILITIES OF PUBLIC UTILITIES OR PUBLIC AGENCIES in aocordapce with Division 7. Open MINING. and processing of minerals. 8. PETFOLEUM REFINERIES. 9. PIPELINE - DOMESTIC WAFER in accordance with Division 6 of Article II of this Chapter. 10, Solid and hazardous wastedisposal sites and facilities requiring Certificate of Designation in accordance with Sections 12-8-10 and 23-4-330 of this Code, 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 Chapters G. REPEALED Amend Sec. 23-3-340, Bulk standards. Ail BUILDINGS: STRUCTURES. USES, and land located in the Industrial Zone Districts shall be located designed, USED and occupied it 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 s greater C. No occupied BUILDING or STRUCTURE shall be constructed within two hundred (2001 feet of any TANK BATTERS 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 totalarea of a LOT in any.Industeai Zone .D+,tr iol shall be covered. Amend Sec. 23-8-350. REPEALED. Amend Sec„ 23-3-360. ROPEr' IwED. Division 9 - B (Fn rate) Zone District Ara eild Sec, 23-3-4.00. Intent The E (C tar) Lore District is letended to provide present aid fufute rest Yen s ti if 7 ea a whr .h o for ate rind est large -lot residential rand USES and land USES that are compatible with very io ter'sits iesid rtial s v The E Tort intended to be iocated, designed and del loped .n a manner treat is compatible with the rapplicabie mdi :reveals of till fWr 'Pais Zone District may serve as a transition between Agrioulturai areas and R-1 Zone Districts, but shot. -id be located suer, t driveways till tie located on very low -traffic, local, PUBLIC of private STREETS/ROADS. Add Sec23-3-405, Water arid Sewer requirements All USES requit trig cater in the Estate Zoning District shall be connected to and served by a PUBLIC WATER system and an adequate sewage oispooat system, TEa sewage disposal system shall comply with the On -Site 'lvas ewnte+ Treatment System regulations contained in Chapter 30 of this Cods or shall be served by PUBLIC SEWER service,Evidence. Mat PUBLIC AriTER oil an adequate sewage disposal system are available to the LOT shall be provided prior to Me issuance of a oraiiiriig permit. Amend See. 23-3-410. Uses allowed by right. No BUILDING, STF3UCTIJRE or land shall be USED, and nc BUILDING of STRUCTURE shad hereafter be erected, slructureily altered, enlarged or Ira stainer` in the E Zone District except for one (1) or more of she 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. C. PUBLIC SCHOOLS. F One (1) SINGLE-FAMILY DWELLING and AUXILIARY QUARTERS, FOSTER CARE HOME, or GROUP HOMI LEGAL LOT G. UTILiTY SERVICE FACILITIES. H. REPEALED:' I. REPEALED. J, REPEALED. K. REPEALED. Add Sec23-3-416, Uses sliotnred.sub;eat to Site Plan Review, The following USES shall be allowed in the B Zone District following approval and recording of a Site Plan in accordance with Article IL Division 3, of this Chapter • A. CHURCHES. • B. Golf courses. C; Police, ambulance, and lire stations or facilities. D. Private SCHOOLS. E. RECREATIONAL FACILITiES, PUBLIC and PRIVATE, Amend Sec, 23-3-42Q. Accessory uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in the E (Estate) Zone District so long ea they era clearly incidental and accessory to an allowed USE. Note: The combined GROSS FLOOR AREA of at ACCESSORY BUILDINGS constructed after the original effective date of this Chapter (August 25, 1081) on LOTS of less Wan ten 1101 acres in SUBDIVISIONS and HISTORIC TOWNS1TES shall not exceed four (4) percent of the total LOT area, except in Regional Urbanization Areas (RDA), which shall adhere to RUA development standards. However. in no ease shall such an ACCESSORY BUILDING in a SUBDIVISION or HISTORIC'IOWNSITE exceed twice the GROSS FLOOR AREA of the principal DWELLING UNIT on the LOT except by VARIANCE'. Any ACCESSORY BUILDIN.ira made nonconforming by application or this Section may be repaired, replaced or restored in total Exterior portions of all ACCESSORY- BUILDINGS, including the roof, shall be constructed of nonreliective materials. A, ANIMAL BOARDING and animal TRAINING FACILITIES where the maximum number of ANIMAL UNITS -permitted in Section 23- 3-440 below is rtai exceeded and traffic to and from Inc 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, wools courts end similes ACCESSORY USES and STRUCTURES F. WIND GENERATORS allowed as ACCESSORY USES in Section 23-4-450 of this Chapter. G. REPEALED, Add Sec 23-3.425. - Uses allowed by permit. No USE listed in this Section shall, commence construction or operation in the E Zone District a lthout r or apprauai of a land use permit from the Department of Planning Services, A. HOME OCCUPATIONS permitted under Division 13 of Article IV of this Chapter, B. One (1) NONCOMMERCIAL 'TOWER between forty (40) and, seventy (70) feet in height per LEGAL LOT pe mst ed iartcle Section 23-4-895. C. OIL AND GAS FACILITIES permitted under Division 10 of Article it of this Chapter. D. Parking of one (1) COMMERCIAL VEHICLE per LEGAL LOT permitted under Division 12 of Article IV of ibis Chapter. :, E. PIPELINES - NATURAL GAS or PIPELINES - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS permitted under Division 11 of Article iI ct this Chapter. F. WIND GENERATORS requiring a Zoning Permit under Division 6 of Article IV of this Chapter Amend See- 23-3-430. Uses by special review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained in the E "Tone District upon approval of a permit in accordance with the requirements and procedures set forth in Artirie 11, Division 4 of fhls Chapter. A. ACCESSORY BUILDINGS with a GROSS FLOOR AREA larger than four (4) percent of the total LOT area, as detailed in Sunday, May 12, 2019 i.FsED AND BREAKFAST FADILITI HIL D CARE CENTERS. HOME BUSINESSES, , PIPELINES DOMESTIC WATER in accordance with Dv , ion B of Arrrcie h of dais Chap₹er. RESIDENTIAL THERAPEUTIC CENTERS.. USES similar to the USES listed as permitted as long as the USE complies with the general Intent of the Zone District. I, WIND GENERATORS requiring the issuance of Special Review Permit under Division 6 of Article IV of this Chapter. REPEALED. REPEALED, REPEALED, , REPEALED t REPEALED. mend Sec. 23-3-448 Bulk requirements, he following Subsections list the bulk requirements for the E Zone District, All BUILDINGS, STRUCTURES, USES, and ;and in the district are subject to the requirements contained in this Section. irru D:-- No cfrange. Minimum OFFSET for DWELLING UNITS when ADJACENT to the A (Agricultural) Zone District: forty (40) feet, REPEALED. 1.- No change, Maximum number of ANIMAL UNITS; one (1) per acre, not to exceed eight (8) ANIMAL UNITS per LOT, The maximum number of IOUSEHOLD PETS per LOT shall be four (4) HOUSEHOLD PETS of one (1) species or a total of seven (7) HOUSEHOLD PETS of we (2) or more species- Mieintum GROSS; FLOOR AREA of SINGLE-FAMILY DWELLING: one thousand two hundred (1,200). square feet. REPEALED. (See Section 23-3-420) REPEALED, (See Section 23-3-420.) No occupied BUILDING or STRUCTURE shall be constructed within two hundred (200) feet of any tank battery, within one and ed fifty ( 50) feet of any oil and gas wellhead or within twenty-five (25) feet of any plugged or abandoned oil and gas well, 7 Sources of light shall be shielded so that beams or rays of light wit not shine directly onto ADJACENT properties or PUBLIC r p'prtizale STREETS/ROADS, Neither the direct nor reflected light from any light source may create a traffic hazard to operators.of tornr vehicles on PUBLIC or private STREETS/ROADS. No colored lights may be used which may be confused with, or construed s, rraftc control devices, ,vision 6 - PLID (Planned Unit Development), District mend Sec 23-3-500. REPEALED. met id Seo, 23i-3-610. REPEALED, - - mand Sec 23..5-520. REPEALED, mend Sac 23-3-530, REPEALED: 'spend Sec. 23-3-540. REPEALED. masts,:Ser. 23-3-55d. REPEALED, r d Sect 35-3-530, PUDs subject to 'Chapter 27 og this Code. ii land in the PUD (Planned UnitDevelopment)Zone District shall be subject to the regulations in. Chapter 27 -. Planned. Unit veicpment et tr'is Code rt FlCLIh IV - Supplementary District Regulations and Zoning, Permits Melon f Or-f•Streea Parking and §_ceding Requirements ne-ridSec 23,4-20. Location of off-streaf perking areas. the land USE with respect to which the off-street parking requirements exist is confined to a single LOT, the off-street parking tares shall be Within that vOT or on a difterere LOT, properly zoned, not more than five hundred (500) feet distant, measured org a PUBLIC STRELr,ROAD ni ALLEY earth connects the two (2) LOTS, If the land USE is located on two (2) or more znmoriv.owned and edjoining LOTS, the oft street parking spaces Icray be located on any one (1) or more of those LOTS or on a p try vaned LOT sepra a frcam them by norlore than five hundred (500) feet, measured in the same way, Oa street parsing areas may be permitted within the` required SETBACK or OFFSET areas, Parking emus shall not be parrrrtted in any RIGHTS -OF -WAY,' mend Sec, 23-4-30, Design and colss,ruetacri o, off-street parking spaces, and b, No °bailee Off-street pakrng spaces including access drives shall be surfaced with gravel, asphalt, concrete or equivalent and shall be aced to prevent drainage problems PARKING LOT T surfaces shall be consistent with the surrounding DEVELOPMENT, but any SE ,squiring appro,ai of a Site Fiat Review snail have paved PARKING LOTS, -'to change. lighting provided Mr off-street parking spaces shall be arranged so as to minimize illumination onto adjoining residential USES rd sires to !thriven) r glare directed at vehicles on STREETS/ROADS and ALLEYS, REPEALED. (See Subsection C above) /f'rRKiNC Al S srarli conform to all standards of the Americans with Disabilities Act. PARKING LOTS 'sate two-way anvewayswill be provided with sufficient turning lane widths to allow two (2) vehicles to pass; rvi, change. t fnor-raping techniques shall be utilized in design of PARKING LOTS to aid in buffering PARKING LOTS from STREETS/ROADS: is PARKING LOT of any USE requiring approval of a Site Plan Review shall be SCREENED from PUBLIC RIGHTS -OF -WAY and )J/ -,,CENT propeties zcneo R-1, R-2, R-3, 9-4 or R-5, send Sec. 23-4.00, Off-street loading required. Off-street loading spaces shall be required for LOTS in the I and C Zone Districts. Off-street loading spaces shall be located and SHEERED 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 race shall be required if the COMMERCIAL or industrial USE is located in a BUILDING containing between ten thousand (10,000) dare feet and twenty thousand (20,000) square feet of GROSS FLOOR AREA, and one (1) additional off-street loading apace shall required for each additional twenty thousand (20,000) square feet or fraction thereof of GROSS FLOOR AREA, - No change, Off-street loading spaces shalt be surfacedwith either gravel, asphalt or concrete and -shall be graded so as to prevent drainage obisms: Each space snouic be equipped with wheel guards when necessary to prevent vehicles from extending beyond the rdnoaiy of this space a is trim coming into contact with other vehicles, walls, fences or plantings. Off-street loading area maces shall be consistent with the surrounding development, hut any USE requiring approval of a Site Plan Review shall have a ct=art off,street loading area. Lighting provided for off-street loading spaces shall be arranged so as to minimize illumination onto ADJACENT residential uperty and so as to prevent glare directedatvehicles on STREETS/ROADS and ALLEYS. Off-street loading spaces shall be located in such e way that, when the space le being used to load or unloads vehicle, no part Vehicle will occupy an ADJACENT STREET/ROAD or sidewalk. vision 2 - Signs nerad Sec. 223-4.30, Purposes and applicability, The purposes of this Division, are the following: to encourage the effective use of SIGNS as a means of communication in incorporated Weld L`,ounty; to maintain and enhance the visual corridors and the County's ability to attract sources of economic velopmont and growth: to improve pedestrian and traffic safety: to minimize the possible adverse effect of SIGNS on nearby bike and private proper ty; and to enable the fair and consistent enforcement of these SIGN restrictions, More specifically, the juiations set forth Ii' this Division are intended to: Establish a system to Mow a tar rev; of types of SIGNS in commercial and industrial zones and a limited variety of SIGNS in ter zones subject to the standards and the permit procedures of this Division, Alice,eerie*, SIGNS that are small, unobtrusive, and incidental to the principal use of the respective lots on which they are a f,d, subject tothe sutrstantive reouirements of this Division, but without a requirement for zoning approval. Prohibit all SIGNS ;not expressly permitted by this Division. Prgvlde'for the enforcement the provisions of this Division. No SIGN shall be erected, placed established, painted, created or maintained in unincorporated Weld County unless it is In ufoimAanoe with tirestandards, procedures, exemptions and other requirements of this Division. - send Sec. 23-4-a70, General provisions. "3NS shah be permitted in the various zoning districts according to the regulations contained in this Division and in accordance at the requirements' set forth in Appendices 23-C, 23-D and 23-E: No SIGN shall be structurally erected, enlarged, constructed, reconstructed, relocated, refaced or otherwise altered without ,t obtaining ail required building oermits froir, the Department of Building Inspection and, if required, zoning approval from the p atrloitt of Planning S rervices and the Colorado Department of "fransportstion,. No SIGN shall be erected at ornaar the Intersection of any STREET/ROAD or driveway' in such a manner as to obstruct free and iar vision of motorists. or at any location where by reason of the position, shape or colorit may interfere with, obstruct the view or OS confused with, any authorized traffic SIGN. signal or device, SIGNS located at an intersection must be outside of the sight ranee triangle. SIGNS which could potentiate/ affect vehicle. traffic shall be reviewed by the Department of Public Works and the lorado Department of Transportation, if applicable. No SION other than traffic control SIGNS, except as expressly allowed by Colorado Revised Statutes and/or permitted by .loratio Department of Transportation, shall be erected, constructed or maintained within, over or upon the right-of-way of any only, slate or federal road or highway within the COUNTY. Si/f'IS, except BILLBOARDS and OFF -SITE DIRECTIONAL SIGNS, shall contain information related to the USES being >dr cted en the ZONE LOT Ali SiGNS erected in a PUBLIC RIGHT-OF-WAY by a governmental agency controlling or directing traffic shall be exempt from provisions of this Division, -all SIGNS and components, including supports, braces and anchors, shall be of sound structural qualify and shall be kept in a ire of good repair with a clean and neat appearance.. Ally DERELICT SIGN shall be returned to, and maintained in, the condition= originally established on the site, or it shall be removed from the site. tend Sep, 2.3-4-75. Definitions. :. All SIGNS erectedtr. a PUBLIC RIGHT-OF-WAY by a governmental agency controlling or directing traffic shall be exempt from ie provisions of this Division. All SIGNS and components, including supports, braces and anchors, shall be of sound structural quality and shall be kept In a tate of good repair with a clean and neat appearance. Any DERELICT SIGN shall be returned to, and maintained in, the condition s originally established on the site, or it shall be removed from the site. mend Sec. 23-4-75. Definitions, or the purposes of this Division 2, certain words and phrases used herein shall be interpreted as defined in Section 23-1-90: mend Sec. 23-4.80, Sign construction standards. . All letters, figures, characters or representations maintained in conjunction with, attached to or superimposed upon any SIGN sail be safely and securely built or attached to the SIGN structure, . Any operable or removable parts of a SIGN, such as a service opening cover or changeable mechanically affixed lettering, logo, signia or message, shall be securely fastened or be provided with safety chains or hinges. . - No change. AU permanent SIGNS and SIGN structures shall be designed and constructed to comply with the Building Code set forth In hapter 29 of this Code. All electrically illuminated SIGNS shall be designed and constructed to conform with the Electrical Code it forth In Chapter 29 of this Code. All SIGNS and SIGN structures shall also be designed and constructed to comply with the ?sign requirements set forth in. this Code. mend Seo. 23-4-90. Design plans for signs requiring zoning approval. se owner, or applicant as agent for the owner, shall prepare a set of SIGN plans for all exterior SIGNS in any DEVELOPMENT. uch plans shall be included as part of any Site Plan Review, Use by Special Review Permit, Planned Unit Development and Major Minor Subdivision, The SIGN type, size, height, colors, materials, styles of lettering, appearance of any logo, type of Illumination id location shall be set out in such plans. The plans shall be such that SIGNS constructed or maintained under the plans will )mply with the SIGN regulations'of the COUNTY and shall be for the purpose of assuring harmony and visual quality throughout project. Final developmentplans shall not be approved until the SIGN plans have been approved by the Board of County ommissioners or planning staff, All SIGNS shall be designed and constructed of materials which harmonize with the architecture 'the site on which the SIGN Is located. Generally, the use of SIGN materials the same as, or similar to, the main building materials red on site shall' be found to provide the required level of design harmony. mend Sec. 23-4-100. Nonconforming signs. ach legally established SIGN in existence on April 10, 2006, the effective date of the repeal and reenactment of this Division, may mtinue in existence subject'to the following: A SIGN shall not be altered structurally or moved unless it is made to comply with the provisions of these regulations. The 'ranging of the movable parts of an existing SIGN that Is designed for such changes, or the repainting or reporting of display atter shall not be deemed a structural alteration. The lawful USE of a SIGN existing on April 10, 2006, the effective date of the repeal end reenactment of this Division, although Loh SIGN does not conform to the provisions hereof, may continue; however, if such NONCONFORMING USE is discontinued r 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 vision. Any SIGN which has been damaged by fire, wind, explosion or act of God, to the extent that fifty percent (50%) or more of e construction value or replacement cost of the SIGN before it was damaged, shall be deemed to have been totally destroyed id the SIGN shall not be restored except in conformity with this Division. Any SIGN which has been damaged to an extent less an fifty percent (50%) of the construction value or replacement cost' of the SIGN before it was damaged may be restored to the mdition in which It existed previously as a NONCONFORMING USE prior to Its damage. mend Sec. 23-4-110, Computations of sign area and height. Computations of area of WALL SIGNS and single -faced SIGNS. The area of a SIGN face shall be computed by means of e smallest square; circle, rectangle, triangle or combination thereof, that will encompass the extreme limits of the writing, presentation, emblem or other display, together with any material or color forming an integral part of the background of the splay or used to differentiate the SIGN from the backdrop or structure against which it is placed, but not including any supporting imework, bracing or decorative fence or well when such fence or wall otherwise meets Weld County Code regulations and is ?ar(y Incidental to the display Itself. Computation of area of multi -faced SIGNS. The SIGN area for a SIGN with more than one (1) face shall be computed by adding gather the area of all SIGN faces visible from any one (1) point. When two (2) identical SIGN faces are placed back to back, so at both faces cannot be viewed from any point at the same time, and when such SIGN faces are part of the same SIGN structure d are not more than twenty-four (24) inches apart, the SIGN area shell.be computed by the measurement of one (1) of the faces. Computation of height. SIGN height shall be computed as the vertical distance from mean natural grade at foundation to the }hest point of the SIGN structure. Natural grade shall be construed to be the lower of (1) existing grade prior to construction, or the newly established grade after construction, exclusive of any filling, berming, mounding or excavating solely for the purpose locating the SIGN. nend Sec. 23-4.120. Requirements for setback, offset and clearance. The OFFSETS for all temporary and FREESTANDING SIGNS from ADJACENT properties shall be ten (10) feet. The OFFSET for FLAGS shall be ten (10) feet, or the height of the pole, whichever is greater. The SETBACK for BILLBOARDS and OFF -SITE DIRECTIONAL SIGNS in the Commercial and Industrial Zone Districts shall be enty-five (25) feet from the current or future STREET/ROAD RIGHT-OF-WAY, whichever Is greater. The SETBACK for all other IEESTANDING SIGNS in the Commercial and industrial Zone Districts shall be fifteen (15) feet from the current or future STREET/ lAD RIGHT-OF-WAY. whichever Is greater. The SETBACK for OFF -SITE DIRECTIONAL SIGNS in the Agricultural Zone District shall be twenty-five (25) feet from the rrent or future STREET/ROAD RIGHT-OF-WAY, whichever is greater. The SETBACK for all other FREESTANDING SIGNS in the ricultural Zone District shall be three (3) feet, or one (1) foot for every three (3) feet of SIGN height, whichever is greater. The SETBACK for all FREESTANDING SIGNS in Estate and Residential Zone Districts shall be twenty (20) feet. and G. - No change. vision 3 - Manufactured homes, manufactured structures, and occupied recreational vehicles. send Sec. 23-4-130. Permit requirements, 'rare a MANUFACTURED HOME, MANUFACTURED STRUCTURE, or occupied RECREATIONAL VEHICLE is permitted in Article of this Chapter upon issuance of a zoning permit, the permit may be issued by the Department of Planning Services upon a termination that the application compiles with this Division 3 and any applicable provisions of this Code. An application for y zoning permit fora MANUFACTURED HOME, MANUFACTURED STRUCTURE, or occupied RECREATIONAL VEHICLE shall elude the following: thru E. -No change. sketch plan of the site at the scale of one (1) inch represents fifty (50) feet or other suitable scale to show: The proposed location of the MANUFACTURED HOME, MANUFACTURED STRUCTURE, or occupied RECREATIONAL HICLE, including distances from the property LOT lines and other STRUCTURES on the property. Access to the MANUFACTURED HOME, MANUFACTURED STRUCTURE, or occupied RECREATIONAL VEHICLE indicating ether the access is existing or proposed. No change. . An access Is or can be made available that provides for safe ingress and egress to a PUBLIC STREET/ROAD. All accesses shall in accordance with the access requirements set forth in this Code. identification of any COUNTY, state or federal STREETS/ROADS or highways. - No change. Methods of disposal of sewage or other wastes in compliance with the requirements of the Colorado Department of Public alth and Environment and the County Department of Public Health and Environment; except for applications for TEMPORARY gage of a MANUFACTURED HOME under Section 23-4-160 below. Methods of supplying water in such a manner as to be adequate in quality, quantity and dependability for the proposed USE Sept for applications for TEMPORARY storage of a MANUFACTURED HOME under Section 23-4-160 below,. +n application fee. Each request fora renewal or extension of a TEMPORARY permit shall also be accompanied by the propriate application fee. An additional fifty (50) percent of the application fee shall'be added to the cost of the application fee ire USE is started prior to Issuance of a permit. The payment of the Investigation fee shall not relieve any persons from fully mplying with the requirements of this Chapter, nor from any other penalties. The requirements of this Division 3 require the applicant to provide a certified list of the names, addresses and the corresponding reel identification Number assigned by the County Assessor of the owners of property (the surface estate) within five hundred I0) feet of the property lines of the parcel where the MANUFACTURED HOME shall be placed, The source of such list shall be the •orris of the County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records from the records of the County Clerk and Recorder, If the list Was assembled from the records of the County Assessor, the plicantshall certify that such list was asserribled within thirty (30) days of the application submission date. REPEALED, Completed Building Permit application. Each request fora TEMPORARY permit shall Include a statement by the applicant acknowledging that the TEMPORARY emit shall cease to exist at ars/ such time as -the MANUFACTURED HOME, MANUFACTURED STRUCTURE, or occupied CREATIONAL VEHICLE is used for other than the permitted USE, or expire at the end of the Initial or extended term of the emit for TEMPORARY storage of the MANUFACTURED HOME, Such application shall include detailed plans for removal of the +NUFACTURED HOME or MANUFACTURED STRUCTURE upon expiration of the TEMPORARY permit. tend Sec. 23-4-140. REPEALED. tend Sec. 23-4.150. Temporary use during construction of residence. 'oningpern/t for the USE of a MANUFACTURED HOME or RECREATIONAL VEHICLE occupied as a TEMPORARY DWELLING [IT during the construction of a permanent DWELLING UNIT on the same LOT in the A (Agricultural) Zone District may be issued the Department of Planning Services subject to the following provisions: The applicant shall have a valid building'permit for the construction of a permanent DWELLING UNIT on the same LOT, Construction of the permanent DWELLING UNIT shall commence within ninety (90) days of issuance of the zoning permit for the ,NUFACTURED HOME or RECREATIONAL VEHICLE and shall be diligently pursued. The applicant shall demonstrate that adequate water and sewage disposal facilities are available. The TEMPORARY permit for occupancy of the MANUFACTURED HOME or RECREATIONAL VEHICLE shall be issued for a Sunday, May 12, 2019 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 eying 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 en 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 oharacter of the NEIGHBORHOOD, its effects upon the immediate area end 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. 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 De issued per LEGAL LOT at any one (1) time. E. The Department of Planning Services shall make its determination on theissuance 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 Dabove 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 he 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 surroundingproperty 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 thy 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. Amend Sec. 23-4.1.70. 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 additionto 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 he 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 ON -2 forts), employment agreements or other documentation as determined suitable by the Department of Planning Services. Failure to submit the required documentation may result 1n 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 ail Installation standards of Chapter 29 of this Code. B. - No change. 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 teethe 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 shalt be extended only if the USE continues to be in conformancewith 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. 6. 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. 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 o .,,. no non r.ou.,,,, arc ,,,ot utt,, arw,iirant is not his in meet the criteria stated In Section 23-4-230_ 2. - No change. 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 Fie 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-olass, not less than ten (10) -days before tire 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 properly 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 shalt 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 he 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 e 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. C. A zoning permit for a MANUFACTURED STRUCTURE used as an accessory OFFICE unit in the A (Agricultural) Zone District may be Issued by tireDepsnment 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 Ail through A.5 above, thezoning 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 he posted at least ten (10) days prior to the meeting date end 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 ill 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. 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 permitshall 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 defeat 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 passible 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 authorltyto issue a Zoning Permit fora MANUFACTURED HOME, MANUFACTURED STRUCTURE, or occupied RECREATIONAL VEHICLE which otherwise requires the approval of the Board of County Commissioners, through a public hearing process to the Department of Planning Services upon a determination by the Department that: A. - No change. B. The Department of Planning Services has sent notice and not received signed notification of at least thirty percent (30%) of surrounding property owners within five hundred (500) feet of the subject property in opposition to the location of the MANUFACTURED HOME, MANUFACTURED STRUCTURE, or occupied RECREATIONAL VEHICLE within twenty-eight (28) days. C. If the Department of Planning Services denies the pennit, 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 appealthe denial, for good cause shown. If the landowner does not submit a written appeal, the denial becomes final. D. if the Departrrient 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 Section 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 TRIBUNE F9 oceed with the application. the applicant notifies the Department of Planning Services of his or her desire to proceed with the application, the Department equest a hearing date and time from the Clerk to the Board and prepare a staff report. fie Board of -County Commissioners shall give notice of the application for a zoning permit and the meeting date to. those ens listed in the application as owners of property located within five hundred (500) feet of the parcel under consideration, m notification shall be mailed, first class, not less than ten (10) days before the scheduled meeting. Such notice Is not required tate statute and is provided as a courtesy to surrounding property owners (the surface estate), Inadvertent errors by the icant in supplying such list or the Department of Planning Services In sending such notice shall not create a jurisdictional et In the permit process even if such error results in the failure of a surrounding property owner to receive such notification. re Department, of Planning Services shall post a sign for the applicant on the property in question indicating the request, the ting date and a telephone number where further Information may be obtained. The sign shall be posted at least ten .(10) days 'to the meeting date and evidenced with a photograph. me Department of Planning Services shall arrange for legal notice of said heating to be published in the newspaper designated w Board of County Commissioners for publication of notices at least ten (10) days prior to the hearing. fie Board of County Commissioners shall consider any testimony of surrounding property owners concerning the effects of the 11 -TRAILER as ACCESSORY storage on the surrounding properties and its compliance with the criteria set out in this Section. sion 5 - Supplementary Regulations for Certain Uses by Special Review and Sec. 23-4-350. Livestock confinement operations.' tVESTOCK CONFINEMENT OPERATIONS shall be located at least fifty (50) feet from any state or federal highway RIGHT -OF - (subject to review by the Colorado Department of Transportation. nd C. - No change. Soncrete or other suitable aprons adjacent to the permanently affixed feed bunks, water tanks and feeding devices shall be tided. No change. rainage facilities or improvements shall be constructed to protect any adjacent rivers, streams or other bodies of water from ution, as approved by the Colorado Department of Public Health and Environment. additional Submittal requirements for a Use by Special Review for a LIVESTOCK CONFINEMENT OPERATION. In addition to application requirements listed in Article II, Division 3, of this Chapter, the following information shall be submitted with the iication for a 'LIVESTOCK CONFINEMENT OPERATION: laximum number of ANIMAL UNITS and species to be associated with the LIVESTOCK CONFINEMENT OPERATION. :vidence that the facility has been registered as a Concentrated Animal Feeding Operation (CAFO) with the Colorado 'ailment of Public Health and Environment. nuisance management plan. fighting plan. facility management plan. housing plan for employees (if necessary). .vidence that proposed wastewater impoundments will meet the requirements of the Colorado Water Quality Control nmission Regulation Number 81 (5 OCR 1002-81), including but not limited to: setbacks to water wells. separation from groundwater, npoundment liners meet seepage rate. npoundment wastewater storage capacity. end Sec. 23.4-360.Organic .fertilizer production and composting facilities. • storage and sale of fertilizer (organic), where the fertilizer is stored for longer than one (1) year, shall be regulated as set forth Ito Storage of fertilizer shall not be permitted:closerfhan fifty (50) feet to any PUBLIC RIGHT -OF -WA or LOT line. nainder of Section - No change. end Sec, 23-4-370. Outdoor shooting ranges. 1 Special Review Permit to operate an OUTDOOR SHOOTING RANGE, if approved, shall be conditioned on a requirement that ry ten (10) years the safety of the design of the -range shall be reviewed and changed, taking into account the history of the :ration and changes in surrounding land USES and the relevant provisions of Subsections B.2, 0.2 through 0.6 and D below. rpeoerfment of Planning Services may waive the review If the surrounding property within one-half (y2) mile has not significantly urged since the recording date of the original application. The applicant shall provide evidence for this determination. 1,pplioetion fora Special Review Permit or Zoning Permit, as required In Artlele III of this Chapter, to operate an OUTDOOR DOTING RANGE shall be accompanied by the following information: and 2, — Nc change. the following minimum standards shall apply to all OUTDOOR SHOOTING RANGES: IEPEALED. hru 5. — No change. n addition to firing lines or fields, adequate space for danger areas, parking, equipment, storage BUILDING, clubhouse end Ines shall be provided. her E.3. - No change, WEPEALED. IEPEALED. lend Sec. 23-4-380. Solid waste sites and facilitiesor hazardous waste disposal sites. .-.Iertifiicates of designation for solid or hazardous watte disposal sites and facilities as required by Article VIII of Chapter 12, Colorado Revised Statutes, and the Code of Colorado Regulations shall not be deemed approved until -or unless a Use by soial Review Permit has been approved by the Board of County Commissioners where required by this Chapter, The Board ill be guided In its review of a certificate of designation by the Colorado Revised Statutes and Code of Colorado Regulations, as ended. applicants for activities reviewed pursuant to Article II, Division 4 of this Chapter for any Solid Waste sites and facilities' iazerdous Waste disposal sites shall have the burden of proof to demonstrate that there is a need for the facility within proposed area of service, and the Board of County Commissioners shall besatisfied that a need exists as part of the :ernnations for any such permit, lend Sec. 23.4.400. Kennels. and B. — No change. Drainage factities or improvements shall be constructed to protect any adjacent rivers, streams or other bodies of water. lend Sec. 23-4-410, REPEALED, lead Sec. 23-4-420. REPEALED. (Re-enacted as Subsection 23-2-400.0). rieian 6- Wind.Generators and Permitting Requirements. tend Sec. 23-4-450. Wind generator standards. ND GENERATORS are allowed in certain zone districts as either ACCESSORY USES, asprincipal or ACCESSORY USES subject Zoning Permit requirements of Section 23-4-460, or as principal or ACCESSORY USES subject a Use by Special Review Permtt, the height guidelines and maximum numbers for -LEGAL LOTS, below. The height of a WIND GENERATOR is measured from surrounding ground to the hub of the generator: Table 23.3 WIND GENERATORS t Size (Gross Acres) Accessory Use (Building Permit required only) Zoning Permit for WIND GENERATOR Use -by -Special Review Permit ass than 2.49 Acres' Up ft 40 feet and -rotor diameter 12 feet or less ° 41 -'60 feet Above 60 feet, or more than 3 per LEGAL LOT 5 Acres - 4.99 Acres Up to 60 feet'and'below and rotor diameter ' of 14 feet or less 61,.120 feet Above 120 feet, or more than 3 per LEGAL LOT 5 Acres and Above Up to 120 feet and below and rotor diameter 25 feet or less 121-180 feet 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 VENERATOR can ret the SETBACKS found in Subsections 23-4-450,0 and E below. WIND GENERATORS are subject to the following standards: and B.- No change. All WIND GENERATORS shall be set back from property lines, PUBLIC RIGHTS -OF -WAY and access easements a distance of least one (1) times the height of the generator (as measured to the tip of the rotor blades), All WIND GENERATORS shall be set back from any existing or planned overhead lines a distance of at least one (1) times the ight of the generator (as measured to the tip of the rotor blades). No part of the system, including guy wire anchors, shall extend closer than thirty (30) feet to any property boundary. WiND GENERATORS shall be painted or coated a nonreflective white, grey or other neutral color, WIND GENERATORS shall not be artificially illuminated, unless required by the Federal Aviation Administration (FM). Electrical controls -shall be wireless or underground, and power lines shall be underground, except for an interconnection'to an fisting above -ground power grid, VINO GENERATORS are subject to the following noise limits (measured from the nearest property line from the WIND 1NERATOR): and 2, — No change. Light Industrial (1.1)z Sixty-five (65) decibels, Industrial (1-2 and 1-3): Seventy-five (75) decibels. - No change. WIND GENERATORS generating power as a COMMERCIAL enterprise may be subject to regulation by the Colorado Public ilities'Commission, If proposing to interconnect to a utility company, the applicant shall provide to the Department of Planning Services a copy of a Ater of intent to interconnect" or interconnection agreement signed by the utility company. send Sec. 23.4.460. Zoning Permit for Wind GeneYator permit application requirements. . . t- application for a Zoning Permit for a WIND GENERATOR shall include the following: and 2. - No change. Light Industrial (I.1): Sixty-five (65) decibels. 'Industrial (I-2 and 1-3): Seventy-five (76) decibels. - No change. WIND. GENERATORS generating power as a COMMERCIAL enterprise may be subject to regulation by the Colorado Public tititiee'Commission. If proposing to interconnect to a utility company, the applicant shall provide to the Department of Planning Services a copy of a atter of intent to interconnect° or interconnection agreement signed by the utility company, mend Sec. 23-4-460. Zoning Permit for Wind Generator permit application requirements. 1 application fore Zoning Permit for a WIND GENERATOR shall include the.following: thru F. - No change. Elevation drawings of the proposed facility showing all towers, STRUCTURES and other Improvements related to the facility, lowing specific materials„placement and colors, Weld County Access Permit, A vicinity map showing ADJACENT -properties, general land USES, zoning and STREETS/ROADS: Within five hundred (500) feet of the proposed'WIND GENERATOR site, A sketch plan of the site at the scale of one (1) Inch represents fifty (50) feet, or other suitable scale to show: The proposed location of the WIND GENERATOR(S) and other support STRUCTURES (guy wires), including distances from the openly LOT lines, above -ground power lines and other STRUCTURES on the property. - No change. An access is or can be made available that provides for safe ingress and egret's to a PUBLIC STREET/ROAD. All accesses shall in accordance with the aocess requirements set forth in this Code. Identification of any COUNTY, state or federal STREETS/ROADS or highways. - No change, An application fee. An additional fifty (50) percent of the application fee shall be added to the cost of the application fee If the SE is started prior to issuance of a permit. The payment of the investigation fee shall not relieve any persons from fully complying ith the requirements of this Chapter, nor from any other penalties, - No change. . I. REPEALED'. mend Sec. 23-4-470. Delegation of authority. 'ie Board of County Commissioners delegates the authority to issue a zoning permit for WIND GENERATOR which otherwise quires the approval. of the Board of County Commissioners through a public hearing process to the Department of Planning ervices upon a determination by the -Department that: - No change. • The Department of Planning Services has sent notice and has not received signed notification from at least thirty percent (30%) I surrounding properly owners within five -hundred (500) feet of the subject property in opposition to the location of the WIND ENERATOR within twenty-eight (28) days, dd Sec. 23 -4 -475. -Notification and appeal of denial. . Once an application that is subject of this Division 6 is deemed complete by the Department of Planning Services, the apartment of Planning Services shall send the application to applicable agencies listed in Appendix 23-G,. as determined by the aeparzment of Planning Services, The failure of any agency to respond within twenty-eight (28) days may be deemed a favorable asponse. Ail -REFERRAL agency review comments are considered recommendations. The authority and responsibility for approval nd denial of a zoning permit rests with the Department of Planning Services. The Department of Planning Services shall send notice, mailed first-class, to owners of LOTS within five hundred (500) feet of is subject property notifying them of the application and their opportunity to object to the issuance of the zoning permit, which hall be submitted by returning the signed form sent by the Department of Planning Services within twenty-eight (28) days. If the Department of Planning Services receives objections from the owners of at least thirty (30) percent of those notified within verity -eight (28) days, or if the Department of Planning Services determines the application does not meet all applicable criteria nd requirements, the zoning permit shall be denied by the Department of Planning Services. , The Department of Planning Services shall notify the applicant of the objections and the denial of the zoning. permit. The apartment of Planning Services shall also provide the applicant comments received from REFERRAL agencies. The applicant may ppeal in writing to the Department of Planning Services within ten (10) days of receipt of the denial notice, , If appealed, a public hearing shall be scheduled before the Board of County Commissioners and staff shall send notice, mailed ref -class, to the applicant and owners of LOTS within five hundred (500) feet of the subject property at least ten (10) days prior to re hearing. The Department of Planning Services shall also notify the referral agencies with comments of the hearing. , The Department of Planning Services. shall post a sign on the property in question indicating a zoning permit has been requested >r the property, the hearing date, and telephone number where further information may be obtained. The sign shall be posted at cast ten (10) days prior to the hearing date and evidenced with a photograph. . The Department of Planning Services shall arrange for legal notice of said hearing to be published in the newspaper designated y the Board of County Commissioners for publication of notices at least ten (10) daysprior to the hearing. . The Board of County -Commissioners shall consider any testimony of owners of surrounding property and REFERRAL agencies oncerning the effects of the zoning permit on the NEIGHBORHOOD and its compliance with the.eppicable criteria set out in this :ode. Following the public hearing, the Board of County Commissioners shall pass a -resolution affirming its decision as to whether to pprove or deny the zoning permit. The decision of. the Board shall be final, , Notice is not required by state statute and is provided as a courtesy to surrounding property owners. Inadvertent errors by the pplicant in supplying such list or the Department of Planning Services In sending such notice shall not create- a jurisdictional efeot in the permit process even if such error results in the failure of a surrounding property owner to receive such notification. If the applicant does not submit a written appeal within said ten (10) days, the denial shall be final. tivision 7 - Temporay Seasonal Uses mend Sec. 23.4-500. Intent and applicability. The intent of the TEMPORARY seasonal USE procedure is to provide an administrative process for the regulation of seasonal ISES and ACCESSORY STRUCTURES, including fruit and vegetable stands, and those for the sale of fireworks or Christmas •ees. Other similar TEMPORARY seasonal USES may be approved by the Director of Planning Services. Roadside stands shall be located not less than fifty (50) feet from any PUBLIC RIGHT-OF-WAY. ,mend Sec. 23-4-510. Duties of Department of Planning Services. ' ' The submittal shall be reviewed for completeness and the applicant notified of any inadequacies, Once the submittal is eterrnined complete, Planning staff and other agencies, such as the Department of Public. Works, the affected fire district, the )olorado Department of Transportation and the Department of. Public Health and Environment, shall review the submittal. — No change. I. If the Department of Planning. Services denies the Permit, the applicant may appeal In writing to the Director of Planning ,ervices, within ten (10) days of receipt of the denial notice. A hearing shall be scheduled with the Board of County Commissioners D provide the landowneran opportunity to appeal,the denial, for good cause shown. If the landowner does not submit a written ppeal, the denial becomes final, . upend Sec. 23.4-520. Application requirements for temporary seasonal use permit. 'he following' supporting documentation shall be submitted as a part of the application: A TEMPORARY seasonal USE permit application form provided by the Department of Planning Services. - No change, A detailed description of the proposed USE, including the location of proposed parking areas or PARKING LOTS, and evidence hat the USE meetsthe requirements of the zone district. ), - No change. • I. Evidence that the USE shall have adequate sewage disposal facilities, which may include TEMPORARY sewage disposal acilities (i.e., portable toilets), as determined by the Department of Public Health and Environment. thru H,3, - No change. -. The location of all existing and proposed driveways and accesses associated with the PARKING. LOTS. I, The names of any existing STREETS/ROADS or highways abutting the property. i. All existing STRUCTURES on the property. '. and 8, - No change. The application fee. An additional fifty (50) percent of the application fee shall be added to the cost of the application fee if the 1SE is started prior to issuance of a permit. The payment of the investigation fee shall not relieve any, persons from fully complying vith the requirements of this Chapter, nor from any other penalties. )ivision 3 - Second Single -Family Dwelling in the A (Agricultural) Zone District mend Sec. 23-4-600. REPEALED. mend Sec. 23-4.610. REPEALED. mend Sec. 23.4.620. REPEALED. tdd Seo. 23-4.630, Requirements fora second single-family dwelling. Nhere a second SINGLE-FAMILY DWELLING is permitted in Article III of this Chapter; the following criteria shall be met prior to nuance of a building permit for said dwelling: > The LOT shall be at least two and one-half (2.5) acres in area. 5. Thesecond SINGLE-FAMILY DWELLING shall have a permanent, engineered foundation. A Where Article III of this Chapter; requires issuance of a zoning, permit for a second SINGLE-FAMILY DWELLING, the permit may ae issued in accordance with Division 17 of this Article IV of this Code, Where Article III of this Chapter requires approval of a Use ty Special Review for a second SINGLE-FAMILY DWELLING, the process in Divieion'4 of Miele II of this Code shall be followed. )ivision 9 - Miscellaneous Regulations. tmend Sec. 23-4.700, REPEALED. kmend Sec. 23-4-710. Livestock feeding performance standards. e. and B. - No change. 3. The Department of Public Health and Environment will use the following performance standards to Verify a complaint and a valuate the presence of a nuisance condition: I. The property owner shall remove, handle and stockpile all manure in a manner that will prevent nuisance conditions. The nanure piles shell not be allowed to exist or deteriorate to a condition that facilitates excessive odors, flies, insect pests or >ollutant runoff, The manure storage site shall have a surface, In accordance with the Concentrated Animal Feeding Operation F10 TRIBUNE Control' Regulations, which does not permit seepage or percolation of manure pollutants into the ground. 2, thru 5. -'No change. 6. Al 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 requirementsissued by the Colorado Department of Health, Water Quality Control Division, or the County Department of Public Health and Environment, Remainder of Section - No change. Division' 10 - Antennas and Towers Amend Sec. 23-4-800. Purpose. The purpose of tills 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 requiting 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 Sect 23-4-805. Definitions. For the purposes ofthisDivision 10, certain terms or words used herein shalt 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 fotowiing zone districts; C, I, A and PUB (with COMMERCIAL or industrial USES). 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 77 Up to 35. feet in height Zoning Permit for Use by Special Review Permit approval MUNICATIONS ANTENNA TOWER required 15 feet up tte70 feet in height _ Greater than 70 feet in Yteight 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 FACILIITES, 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 shell not extend over LOT lines. 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 -wail shall be as flush to the wallas technically possible, and shall not project -above the top of the wail, and shall be located, painted and/or screened to be' arohitecturally 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 FM 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 shell be constructed with materials that are equal to or better than the materials of the PRINCIPAL BUILDING. Equipment cabinets shell be located, painted and/or screened to be architecturally and visually compatible with the surrounding BUILDING and natural environment. 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 a v ti, ,:r it•s..o4ne a,e foriliful +r, mnnther',,Armor M/hIl Will ra_uSe t nr ramnvPaha facility. Fvidence of such shall be provided, in --- concearec antennas incorporated into rhibes IHNLY/Mi SIGNS. - 4. TELECOMMUNICATION ANTENNA FACILITIES, except those in the C'and i zones, shall not include manned OFFICES, long- term vehicle storageor 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 en 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 -nicety (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 FACIUTIES, 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. 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, • E Elevation drawings of the proposed TELECOMMUNICATION FACILITY showing ail 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, 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 FM 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 plantmaterial. O. thru q. - No change. R. TELECOMMUNICATION FACILITY Inventory, The first application fora 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 Perrnit if the TELECOMMUNICATION ANTENNA TOWER HEIGHT remains unchanged, the coverage area and communication reception for existing facilitles are not impacted, and the area occupied by the TELECOMMUNICATIONS ANTENNA TOWER and accessory equipment does not expand. 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 Iocated.,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 TOiVER may exceed the number asa 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. Withinthe A -P (Airport) Overlay District described In Division 1, Article V, of this Chapter. 3. Within the GEOLOGIC HAZARD AREAS as defined by Section 23-1e90 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. 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 `pennit 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. Sunday, May 12, 2019 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 e site for a period not to exceed one (1) year, Division 11 - Semi Tralters 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 maybe 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 theSEMI-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 frtany 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, • 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 ore 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 2 o ert 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 surfaceestate) 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 Ilst was assembled from the records of the County Assessor, the applicant strati certify that such list was assembled within thirty (30) days of the application submission date. L. REPEALED. (See Section 23-4-900.) Amend Sec. 23.4-920. 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.Deparlment of Planning Services. Tne failure of any agency to respond within twenty-one (21) days maybe 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 Fecon,m: w •tstions 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 no. `cation. 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 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. 5, if the Department of Planning Services denies the Permit, the applicant may appeal in writingg to the Director of Planning Services, within ten(I0) days of receipt of the denial notice. A hearing shah he scheduled with the Board of County Commissioners to provide the landowneran 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 SEMITRAILER as ACCESSORY Storage, the Board of County- Commissioners shall review the application for compliance with the criteria set. out in this Section 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. 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 Section. Division 12 - Parking of Commercial Vehicles - Amend Sec. 20.4.950. Intent end applicability. A. Where parking of a COMMERCIAL VEHICLE is permitted in Article III of this Chapter upon issuance of a zoning pemlit, 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) aore. 2, The COMMERCIAL VEHICLE will be removed from the property upon cessation of such USE. 3. The COMMERCIAL VEHICLE, is dompatible with the surrounding area. 4. The COMMERCIAL VEHICLE has current registration and license plates. 5. The application complies with this Division 12. B. REPEALED, Amend Sec. 23.4-960. Commercial vehicle permit requirements. An application for any Zoning Pemtit 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.d 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. 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 en 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. - No change. J. The COMMERCIAL VEHICLE shall be required to maintain current registration and license. plates, Amend Sec. 23-4-970. Referral process. Upondetermination that the application submittal is complete, the Department of Planning Services shall: A. Refer the appitcation to applicable agencies listed in Appendix 23-C, 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 be the records of the County Assessor, or an ownership update from a title or abstract company or attorney, aenveo worn sucn• records or from the records of the County Clerk and Recorder. if the ast was assembled from the records of the County Assessor, the applicant shall certify that such list was assembled within thirty (30) clays of the application submission date, - No change. J. The COMMERCIAL VEHICLE shell 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 lieted in Appendix 23-G, as determined try 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 bye REFERRAL agency are recommendations to the COUNTY. B. - No change. Amend Sec. 23.4-990, 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 PlanningServices 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 withimfive 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 en opportunity to appeal the denial, for good cause shown. If the landowner. does not submit a written appeal, the deniat 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 Section 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 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. a The Board of County Commissioners shall consider any testimony of surrounding property owners concerning the effects of the COMMERCIAL VEHICLE onthe surrounding properties and Its compliance with the criteria set out in this Section. 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 e 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 offioial 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. 5, 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 parting 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. — No change. 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 oomplying with the requirements of this Chapter, nor from any other penalties. 8. The application fora 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 shalt be provided. IS. - No change. 11. Evidence that a water supply of euffi lent 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 thetthe 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 ofa latter 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, 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 theissuance of the zoning permit, which shall be submitted by returning the signed form sent by the Department of Planning Services within twenty-eight (2e) 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 theDepartment of Pimping Services determines the application does not meet all applicable criteria and requirements, the zoning pen -nit shall be denied by the Department of Planning Services. a, 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 applicantdoes not submit a written appeal within said ten (10) days, the denial shall be final, If appealed, the following process shall be followed: e 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 shell also notify the REFERRAL agencies with comments of the hearing. b. The Department of Planning Services shalt post a sign on -the property in question indicating a zoning permit has beererequested 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 rat required by state statute and is provided as a courtesy to surrounding property owners. Inadvertent errors by the applicant in supplying sucn 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. 5. Tne approval of the zoning pen -nit may be conditioned or restricted to carry out the intent of this Chapter or to mitigate Impacts Sunday, May 12, 2019 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/agreerrient. 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. 6. REPEALED. 7, REPEALED.. D. Approval or denial of the zoning permit for a HOME OCCUPATION shall be based on the following criteria: 1. and 3. - No change. 4, The HOME OCCUPATION shall notcreate 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 ofthis Chapter. 6. REPEALED. 7, The proposed zoning permit complies wlth'this Division 13 of this Article, 8. An access is or can be made available that provides far 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 11 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 tops), excluding the traffic produced by the DWELLING UNI'L 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 time properly. 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 denyng,a permit for a Solar Facility in addition to those criteria enumerated in'Chapter 23, Article II, Division 4 and Its impact on prime agrculturai land which is defined as soils with agricultural capability classifications of 1, II and lil • 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 guldeilnes 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 beat interests of the people bf 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. Add 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: 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 includea CARGO, CONTAINER that is partially or totally damaged by fire earthquake, wind or other natural causes, or Is in a state of general difapldat on, 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, Add 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 Ill 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 approvingthese zoningpermits 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 Drector of Planning Services determines the application does not provide sufficient evidence showing the standards set forth in this Division 17 wlil 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 23-4-1730 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. 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 onthe 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/gr the applicant's successors orassigns prior to the DEVELOPMENT of the property. A. A preapplication conference with the Department of Planning Services may required, B. If approved, the zoning permit, including any conditions of approval, and the Zoning.Permit Plan shall.be recorded by the Department of Planning Services prior to commencement of the USE or Construction, The applicant shalt 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 CIO) 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 thy 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. R The nnerefinn of the I IRCC. ehell.n-,.,,nl,,.-,.,ifh the.sa ri,.,., uho .o,..,,iefinnn .rnrn,,,..nb,c I'.,,. 4k., ' to the Director or manning IT me oomu vi vou„ r leVII II,,,�� ••�� • required documents recorded by the date specified by the Board, the zoning permit approval shall be voided, and the application 7 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 inhere 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 E. The USES rivate STREETS/ROADS he In of emit heat so d no as to rored aise the thts emperature of the aibe used which r more than five (5) degrees .Fahr Fahrenheit be confused with or construed at or beyond the c control devices. LOT line. F, Property, shall be maintained in such a manner that grasses and weeds are not permitted to grow taller than twelve (12) inches. In no event snail the property owner allow the growth of NOXIOUS WEEDS. G. The applicant shall provide a narrative or preliminary drainage'study in accordance with the stormweter drainage criteria requirements of this Code. H. Any off -site and on -site Improvements Agreement shall be made in conformance with the County policy on collateral for improvements. 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 attire athees, email If the ad pp cants not the hone number of the ow err applicant f property, an author authorization owner, if letter signed byrent from the theproperty owner 3. Signature of the applicant. 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 Myfar or other drafting media approved by the Department of Planning Services. The Zoning Permit Plan shalt 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 bermine, 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: 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 WITNESS my hand and official seal. My commission expires: Planning Service's' Administrative Review:Certiflcate: It Pian is accepted and approved for filing. ff Services rte was acknowledged before me this _ day of official seal. , by , by Notary Pubes ❑ Evlrjence thata water supply of sufficient quality, quantity and depndability Is or will be available to serve the proposed USE, if applicable, A letter, permit, er bill from.a water district, municipality, or the Division of Water Resources are examples of evidence. E. Evideneathat adequate means ter the disposal of sewage for the proposed USE Is or will be available in compliance with the ry tirements of the eerie distrlpt and the Department of Public Health and Environment, If applicable.. F copy of a deed or legal instrttrnent identifying the applicant's Interest in the property under consideration. A certifiedlfst of the names, addresses and the corresponding Parcel 'Identification Numbers assigned by the County Assessor o the ownef&oft.OTS within five hundred (5001 feet of the.property-subject to the application, The source of such list shall be the records of tha t3ounty AoSessc li or an ownership update from a title or abstract company or attorney derived from such records, or from the retards ofthe county Clerk ant{ Recorder. If the list was assembled from the records of the County Assessor, the applicant shall 'certify that such tat wasassembled within thirty (30) days.of the application submission date. I -I. A Statement of Taxes from the CourityTreasurer snowing no deinquent property taxes for the property under consideration. I. The nemes and addresses of any owner, operator or user of any irrWation ditch, lateral, or pipeline that traverses the property. J. The application fee, An additional fifty (50) percent of..the appiioat[stn fee shall be added to the.cost of the application fee If the USE is'-sterted prier to Issuance of a permit. The payment of the investigation fee shall not relieve anypersons from fully complying with tjte requirements of this Chapter, nor from any other.penalties. Sedo28,44230i, Notification and appeal of denim A. Qrlce.an ttpplieattcr) that is subject of.ifiis Division 1.7 fns deemed'compl to by the Department of Planning' Services, the Depasfltent of PlanriingServteae.slwiW'send4he epplicatiOn to applicable aigencles listed m Appendix 43-5, as determined by the Depertrnent.of Planp)n arvioes. The failure of any agency to respond within twenty-eight (28) days may by deemed a favorable res nee All REFER f . agency. vieth lam ants are considered recommendatiins. The authority and responsibility for approval . atld�4ettlal'of a zoCing etfn s withthis i epartment of. Planning Services, S. The Department or fartr lnr.Sefvfp a self send notice, /nailed first-class, to owners of LOTS within live hundred (500) feet of theSubject propefiv notf the tlfe Ppllcaiion and their opportunity to object' to the Issuance of the zoning permit, which shall bt; $gprriittetf. tot ihiS gndzfloath sent blithe Department of Planning Services within twenty-eight (28) days. O. Within sixty (60). s of:receiving dmpste 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 end decision following a publiollearing. 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 amange;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 heating. 4. The Board of County Commissioners shall hold a public hearing and consider testimony of owners of surrounding property and REFERRAL agencies concerning theeffects 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. TRIBUNE Fli See. 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 crease any unreasonable adverse impacts to the public health, safety end 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 ail applicable local, state and federal regulations. D. The Department of Pianning Services may piececonditions on the issuance of the zoning permit to ensure compliance with applicable provisions pf this Cade 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 or 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 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, 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 revokedshall be a VIOLATION of this Code, C. The Director of Planning Services may revoke a zoning permit it 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. le, 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 miner 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. ',Any USE listed in Article 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, 25-5-10. 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 cant' out the previsions of this Chapter, there are hereby created and established certain zones which include all of the land lying beneath the APPROACH SURFACES, TRANSTONAL 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 Boards office and the Department of Planning Services. An area located in mom than one (t) of the following zones is considered to be only in the zonewith 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 ZONEexpands 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. 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'Gonicai 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: Slope's of twenty (20) feet outward for each foot upward, beginning at the end of and at the same elevation asthe PRIMARY SURFACE and extending to a horizontal distance of fh./9 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 elevatidn 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. . Amend Sec. 23.5.40. Use restriction, Net withstanding 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 See. 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 regplations 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 cumose and_intent of the Geologic Hazard Overlay District reautations shall bete upernccu a„.1 ,,,a,, na,rreu as at',a a Jor,x, ..r',.,a u,ve,oy-+rw.. lay .,.q..a ., .a.:.ar.. 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 trials,; 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. ©ieisiedi 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 or GEOLOGIC HAZARD AREAS. C. — No change. D. Protecf the public from the burden of excessive financial expenditures caused by damage from GEOLOGIC HAZARDS by regulating land USES withinaEOLOGIC HAZARD AREAS. 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 lends outside the regulated area as defined on maps adopted by the Board of County Commissioners will be free from the GEOLOGIC HAZARD. Amend Sec. 23-5430. Building permit requirements. The soils repOrt submitted with the building permit application shall include geotechnical recommendations stamped by a registered engineer end:shall be submitted to the Building Department along with the building permit application. The study shell specify that the foundation and STRUCTURE design are appropriate for the 'specific site. No certificate of occupancy shed 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 Fadlta, as amended, is available in electronic format for public inspection at the USGS webpage portal. Weld County GIS monitors this electronic link tor 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 See. 23e6-10. 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 he exercised in harmony with .the Intent of this Chapter or Chapter 26 or 27, as applicable, the intent of Chapter 22 of teis Code and the -public interest. • 1, The Board of Adjustment has the power to 'near and decide appeals from decisions concerning zoning issues made by any official employed by the COUNTY in the administration or enforcement of tnis 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. 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, Ftoodpiain. 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 wouldresult inunnecessary 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 prosecuteg under the terms of Article X of this Chapter, 6, No NONCONFORMING USE of neighboring LOTS, STRICTURES 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 wee 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 owners 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, • 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 at Planning Services. The Department of Planning Services 'shall: 1. RevieWthe epj26cation and determine that it le 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 PUBUC 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 poinf at which the driveway (access drie) intersects a -PUBLIC STREET/ROAD RIGHT-OF-WAY will be posted. The sign posting will be evidenced with it 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 applicant 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 See. 23-6-30. Appeals for interpretation of zone district boundaries or lot lines. Appeals to the Board of Adjustment brought pursuant to Subsection 23.6-10.0 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 bye 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. 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 L F12 TRIBUNE • is not adjacent to. a PUBUC'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 pubic 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 shail be included. 2. A piot 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. 5. 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. 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 Beard of County Commissioners for publication of legal notices. The date of publication shell be at least ten (10) days prior to thescheduled 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,subniltted by the appellant. 4. The Department of Planning Services shall review the application for consideration of the VARIANCE and shell prepare comments for use by the Boara of Adjustment, addressing ail 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 - OP -WAY. The sign will be posted at least tenet 0) days preceding the hearing date, in the event the property under consideration is not adjacent to a PUBLIC STREET/ROAD erIGHT-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 shalt 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. 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 te permit these nonconformlties to continue until they are removed or abandoned, but not to encourage their survival. It is further the intent of this Article that nonconformitles 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 he 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 NO'NCONFORfvliNG 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. 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. Nonoonforming'uses of structures. If a lawful USE of a STRUCTURE or STRUCTURE end 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 erhlch 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. nnoprovisions: stpra ir, An existing STRUCTURE devoted to a USE not permitted by this Chapter in the zoning district In located witicfa is destroyed by arty means to an extent greater than fifty percent (50%) of its replacement cost at time etfo shall not be restored, except to gain conformance with all provisions of this Chapter, The NONCONFORMING USE .__ be reestabllshryd 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, 1, a NONCONFORMING USE may be extendedthroughout 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 ne such USE shall he 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 orparEel 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 dues 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 Beard 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 NONCONFORiJ1NG°USE'may not be reestablished. The permitted USE shall thereafter conform to the provisions of this Chapter. C. Abandonment. When a'NONCONFORMING USE of a STRUCTURE or STRUCTURE and premises is discontinued or abandoned Mr 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. AR4IOLE 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. 23-3-30. Duration, termination. A property right which;has been vested as provided for in this Article shell remain vested for a period of three (3) years. This vesting period shell 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. T'ne 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 andphasing 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. Amend Sec.23-8-90. 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 VESTEDtPRBpropertyPERTY RIGHT sub subject to land notpreclude the application of ordinances or regulations which are general in nature and are app' je 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 lmpr'isorrment 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 thin Chapter, it shall give written notice to the violator to correct such VIOLATION within thirty (30) days after the dateof notice. Should the violator fall to correct the VIOLATION within such thirty -day period, the Department of Planning Services may request that the Sheriff's office issue a'sumrnons and complaint tothe 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 Town of Merest 4/13/19 - 5/03/201.9 Amou Payee Aofinity Irtc Park "" Supplies $ 2 60. 283 00 .54 Amazon.cotTt Office Supplies $33 American Water Works Assoc; Annual Membership Fee .54 Atmos Enerpu Utilities 202 00 $5,942.00 . B&C Refuse Trash Service John Phone Reimbursement $40.00 Baker, Bonnell Fencing Services Fencing Supplies $220.40 Central Weld County Wager Water Usage & Demand $3 347.74 Centurvllmk Phone Service 262 ,59 Cintas Uniforms, Supplies, & Office Supplies 113.28 Colorado Bureau of investigations Background Check` $6.85 Training $55.00 Colorado Municipal Clerks Pubic Works Supplies $5560.00 Core & Main Dell Maricetitct LP Software $8.50 Dept of Public Health Environment Testing Supplies $500.50 DES Pipeline Maintenance Engineering Services $26,990,00 $109.50 ,,_, Garretson's Sport Canter Supplies Hanson. Aaron Phone Reimbursement $40.00 Home Depot Supplies 721.3 11MG Colorado Annual Dues IT Service 50.00 IT John Deere Financial Strop Supplies 168.39 Mc0ool Development Solutions Planning Services 816.50 Media Temple, Inc Web Hosting $20.00 Reimbursement $40.00 Meisner, Robert MetLife Phone Insurance $250.13 . _. North Weld Herald Graduation Ad 00.00 524.53 Odenbaugll, Gait Mileage Reimbu ent. Suppy $53'16 Office Depot Peterson, Trudy . Shop Mileage tans Reimburslvrflent_ 879 44 Petty Casl Meet' uDPlies, Postage & Copies 555.89 Phoenix CES „ I Gorse nforcement Services •aYk Deposit Refund $1,920.00 $100.00 Rg_,iz,Qc_ Building Pelmits 442,35 SAFEbililt Colorado, Into Inc Shop Supplies - $202,95 Stevens Automotive Shop Supplies $51,38 Supply Works Talk Shop/Wv Tafaphon Phone Maintenance 140.00 U.S. Post Master Postage $556,86 $27,28 Walmart Office Supplies ,v WarelloUae SUff1+ Inc. BUDPIies - - $5211'97 WEC Xerox Corporation Pavel Copier Lease & Usage The Tribune May 12, 2019 Total 245.09 23,937.92 70.297.96 COUNTY COURT, WELD COUNTY, COLORADO CASE .NO. 19 C 424 PUBLIC NOTICE OF PETITION FOR CHANGE OF NAME Public Notice is given on 5/3119, that a Change of Name of an Adult has been filed with the Weld Combined Court. The Petition requests that the name of: Ferenc Nemeth be changed to: Frank Nemeth Rachael Erickso Clerk of Cou By Mollie Brehp DepuIy,eler The Tribune May 11, 12. OUNTY COURT, COUNTY, COLOR © ADO CASE NO.19 C 399 PUBLIC NOTICE OF PETITION FOR CHANGE OF NAME Public Notice is given on 4/26/19, that a Change of Name of an Adult has been filed with the Weld Combined Court, The Petition requests that the name of: Biviane McDonald be changed to: Stviane L Aguirre Rachael Ericksc Clerk of Cos By Mollle Brehc Deputy Cle. The Tribune May 10, 11, 12, 2019 V Out the Good in Classifieds! Sunday, May 12, 2019 a definite time and piece stated therein to answer and defend the charge.'One (1) copy of said summons and complaint shall be wed upon the violator bit the Sheriff's office in the manner provided by law for the service of a criminal summons. One (1) copy h shall be retained by the Sheriff's office and Department of Planning Services end one (1) copy shall be transmitted to the wk of the Court. - No change. Any person who violates any provision of Article IX of this Chapter commits a Class 2 petty offense, and upon convlotion'thereof, all be punishable by a fine of three hundred dollars ($300.00) for each separate VIOLATION. Any arresting law enforcement officer all follow the penalty assessment procedure provided In Section 16.2-201, C.R.S., for any VIOLATION of said Article IX. lend Sec. 23.10-30. Equitable relief in civil action. In case any BUiLDINNG or STRUCTURE is or Is proposed to be erected, constructed, reconstructed, altered or used, or any id is or is proposed to be used, in VIOLATION of any provision of this Chapter, the County Attorney, or where the Board of - • Commissioners deems it appropriate. the District Attorney, in addition to the other remedies provided by law, ordinance or volution, may institute an injunction, mandamus, abatement or other appropriate action or proceeding to prevent, enjoin, abate or nova such unlawful erection,, construction; reconstruction, alteration or USE. The County Attorney, acting at the request of the Board of County Commissioners, or the District Attorney, pursuant to Section -13-302, G.R.S., may bring an action in the District Court for the COUNTY for an injunction against the operation of an ADULT IBINESS, SERVICE OR ENTERTAINMENT ESTABLISHMENT for repeat or continuing VIOLATIONS. nend Sec. 23.10.40. Civil penalties. it is unlawful to erect, construct, reconstruct, alter or use any BUILDING, STRUCTURE or land in VIOLATION of this Chapter, In dition to any penalties imposed pursuant to Sections 23-10-20 and 23-10-30 above, any person, firm or corporation violating y such regulation, provision or amendment thereof or any provision of this Chapter may be subject to the imposition, by order the COUNTY Court, of a civil penalty in an amount of not less than twenty-five dollars ($25,00), nor -more than one thousand liars ($1,000,00). It is within the discretion of the County Attorney to determine whether to pursue the civil penalties set forth NS Article, the remedies set forth in Sections 23-10-20 and 23-10-30 above, or both, Each day after the issuance of the der of the COUNTY Court during which such unlawful activity continues shall be deemed a separate VIOLATION and shall, in :cordanee with the subsequent provisions of this Section, be the subject of a continuing penalty In an amount not to exceed one indred dollars ($100.00) for each such day. Until paid, any civil penalty ordered by the COUNTY Court and assessed under this tbsection A. shale as of recording, be a Ilan against the property on which the VIOLATION has been found to exist. In case the easement Is not paid within thirty (3D) days, it may be certified by the County Attorney to the County Treasurer, who shall collect a assessment, together with a ten -percent penalty for the cost of collection, in the same manner as other taxes are collected. le laws of the State for assessment and collection of general taxes, including the laws for the sale and redemption of property for xss, shall apply tp the collection of assessments pursuant to this Subsectiore Any lien placed against the property pursuant to is Section shall be recordedwiththe County Clerk and Recorder. In the.event any BUILDING or STRUCTURE is erected, constructed, reconstructed, altered or used or any land Is used in OIATION of this Chapter, the County Attorney, in addition to other remedies provided by law, may commence a civil action in DUNTY Court for the County, seeking the imposition of .a civil penalty in accordance with the provisions of this Section. The Department of Planning Services, through one (1) of its employees designated by resolution of the Board of County ommissloners, shall, upon personal information and belief that a VIOLATION of any regulation or provision of this Chapter has .cued, give written notice to the violator to correct such VIOLATION within ten (10) days after the date of such notice, If the plater falls to correct the VIOLATION within such ten-day period or within any extension period granted by the Department of arming Services, the violator shall be given a second written notice that the VIOLATION matter has been referred to the County 'tomeyfor legal action, unless the violator requests, In writing. a meeting with the Director of the Department of Planning arvices. Following such meeting, the Director of the Department of Planning Services may grant the violator additional time to ire the VIOLATION or may request that the County Sheriff or the County Attorney issue a summons and complaint to the violater, ating•the nature of the VIOLATION with sufficient particularity to give notice of such charge to the violator. - Nohanj;e. if the County Court finds, by a preponderance ofthe evidence, that a VIOL ATl€1N of tiny regulation or provision of this Chapter amendment thereto, as enacted and adopted by the Board of County Commissioners, has occurred, the Court shall order the olator to pay a civil penalty in an amount allowed pursuant to Subsection A above. Such penalty shall be payable immediately by e violator to the County Treasurer, in the event that the alleged VIOLATION has` been cured or otherwise removed at least five (5) aye prior teethe appearance date in the summons, then the County Attorney shall so, inform the Court and request that the action a dismissed without fine or appearance of One defendant, Upon the filing with the Court of a receipt issued by the County Treasurer showing payment in full of a civil penalty assessed mare to `his Section and upon the filing of an affidavit of the Department of Planning, Services that the VIOLATION has been red, removed ter corrected, the Court shall dismiss the action and issue a satisfaction in full of the judgment so entered. . If a receipt showing full payment of the civil penalty or the affidavit required by Subsection F above Is not filed. the action 'shall entirtue,.end the Court shall retain jurisdiction to impose an additional penalty against the violator In the amount specified uspection A of this Section. Such additional penalty shall be imposed by the Court upon motion filed by the COUNTY and proof rat the VIOLATION has not been cured, removed or corrected. Thereafter, the action shall continue the penalty and any additional enelties so assessed and the filing of an affidavit of the Department of Planning Services that the VIOLATION has been cured, imoved or corrected. RTICLE-XI - Floodplain Management Ordinance. ,ivision 1 - General Provisions, ,mend Sec. 23-11.310. Definitions. or the purposes of this Article XI, certain terms or words used herein shall be interpreted as defined in Section 23-1-90. .mend APPENDIX 23-C • PERMITTED SIGNS BY TYPE AND ZONE DISTRICT mend APPENDIX 23-D • NUMBER AND DIMENSIONS OF INDIVIDUAL SIGNS BY ZONE DISTRICT AND TYPE mend APPENDIX 23-E • PERMITTED SIGN CHARACTERISTICS BY ZONE DISTRICT . .dd APPENDIX 23-G - LIST OF REFERRAL AGENCIES • CHAPTER 29 BUILDING REGULATIONS ,RTICLE I - General Provisions. ,mend Sec. 29-1-20, Definitions. s used in this Building Code, unless the context otherwise requires, the following definitions shall apply: ectoty-built (modular) home means a manufactured home constructed to "factory -built residential requirements" established by ' ce State.Housing Board and installed on a permanent foundation meeting IRC standards. lanufactured home means a preconstructed building unit or combination of preconstructed building units that: includes electrical, mechanical, or plumbing services that are fabricated, formed, or assembled at a location other than the asldential site of the completed home; . Is designed and used for single-family residential -occupancy In either temporary or permanent locations; . Is constructed in compliance with the "National Manufactured Housing Construction and Safety Standards Act of 1974', 42 L.S.C. sec. 5401 et seq., as amended: I. Does not have motive power; and ' Is not licensed as a vehicle. lee also Factory -built (modular) home, ,RTICLE II - Code Standards mend Sec. 294-110. - Manufactured home installation standards. ,ny manufactured -home located in or relocated within the County shall bear a Housng and Urban Development (HUD) label and feet the following instafation standards. The Building Official may authorize the use of different materials or methods which win 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 if a manufactured home in the County shall be performed in stnot accordance with the applicable manufacturer's' installation 'retractions. Where the manufacturer's instructions are not applicable, installation shall be in accordance with ANSI A225.1 1994, rs amended by the Colorado Division of Housing. A copy of the manufacturer's Instructions or the standards promulgated by the )oiorado Division of Housing shall be available at the time of installation and inspection. i. ;No change. i. Foundations. Basement or crawispace foundations and any manufactured structure that requires a Rood Hazard Development Permit for nenufactured homes shall he designed by an architect or engineer licensed by the State. Additionally, if a site specific soils report - not provided, an "open hole" inspection shall be conducted by an architect or engineer licensed by the State. Subsequent to hat inspection, a written letter bearing the architect's or engineer's stamp.shallbe presented to and approved by the Building nspection Department prior to backfilling around the foundation. No.ohange: I. An engineered foundation Is required where unstable or expansive soil conditions are encountered, Otherwise, it is permissible o 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, he foundation shall meet the standards based on -ANSI A225.1.1994. 1. - No change. - D. Skirting, Skirting shall be provided around the bottom of the manufactured dame 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 lige, 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 loom area. ). Retaining walls. I, Retaining walls Installed around the outside perimeter of manufactured homes for the purpose of ground setting shall he ;onstructed so as to resist loads due to lateral pressure. - No change. - No change. 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, iavatory and tither a bathtub or shower shall be equipped with hot and cold running water necessary for its normal operation. .. loads d e Slum --pi mbing requvemnts.'Ev_ry- manufactured home used as eon iling unit shall be provided with a kitchen sink and sow Gwipped with facilities consisting of a water closet lavatory -and ether a bathtub or vnowes Each sink, lavatory and bathtub or sno ser snail oe.equioped with hot and bold running wa er necessary tor its normal operation. roved Sewage disposal: All manuractured and facto -y -boil (moduiarr homes-sV all he connected to either an approved pubic tie sewage disposal system.Private sewage di po_si systems. are subject to permitting ting requirements of Chapter 30 of this as administered by the Department of Public Heeitn and Environment The home shall not he occupied nor a finai building of or certificate ot occupancy issued ur,id the septic permit has been given final approval by the Department or Public Health Ivironmeht.. rporary storage. A manufactured home -receiving a zoning permit for tempolary storage snail only be required to he blocked d down. No utility hookups -of any type, including septic systems, shall be allowed. I_E.VII - Manufactured or Factory -Built (Modular) Home Permits i Sec.29 7-10. Permit required. - nufactured or factory -built (modular) home, as defined in this Building Code, may be located or relocated within the County t a building permit issued by the Building Official. i Sec. 29 7-20,.Additions, alterations or repairs.• actured or factory.built (modular) homes to which additions, alterations or repairs are made shall comply with all vents, of this Building Code, A separate building permit shall be applied tor as provided for in Article Ill of this Chapter. '!•Sec. 2g-7-30. Connection of"two,(2) manufactured homes -for human habitation, ,re than two (2) manufactured homes may be connected or physically attached. The following requirements shall be met: " • nder of Section - No change. d Sec. 29.7-40. Application.• ipolicationfor a permit with the required fee, shall be filed with the Building Inspection Department on a form furnished t purpose. The applicant shall gee a description of the home, including make, model, year, serial number and size, the aclured or factory -built (modular) home certification 'number, if any, issued by any state or by the United States, and a pylon of the type of foundation to be used. The applicant shall also list the location, ownership and use of the land on thehome is to be placed the application shall be signed by the property owner or an authorized agent, For additional aments, see Sections 29-3110 thtough 29-3-190 of this Chapter, d'Sec. 29-7-60. Zoning compliance. a the released' a manufactured or factory -built (modular) home permit, the Department of Planning Services will review the' ation for the permit and all pertinent submittals to check compliance with Chapters 23 and 24 of this Code, and any other able rules and regulations. Upon approval from the Department of Planning Services, the permit application shall be given to tiding. Official for review and issuance. d Sec. 22-7.80. Fees. arson desiring a permit for a manufactured or factory -built (modular) home required by this Building Code shall, at the it thing an application therefor, pay a fee to the Building. Inspection:Department as established by the board of County vssioners in Chapter 5 of this Cade,• - d Sec, 29-7-120. Required iinspections. , oks,•founuatioh, underground inspections, electrical, mechanical, heating, plumbing skirting, grading, steps and landings, eptic and final approval inspections conducted pursuant to this Building Code shall be required of all manufactured and y -built (modular) homes. - =FURTHBB ORDAINED -by -the Board that the Clerk to the Board be,' and hereby is, directed to arrange for Municode to meet the Weld County Code with the amendments contained herein, to coincide with chapters, articles, divisions; sections, ubsectlonn as they currently exist Within said Code; and td resolve any inconsistencies regarding capitalization, grammar, and sang or placement of chapters, articles, divisions, sections: and subsections in said Code, FURTHER ORDAtNOD by the Boaro it apysection; subsection, paragraph, sentence, clause or phrase of this Ordinance •any reason held -or decided to be unconstitutional, such decision shall not affect tile validity c: the remaining portions hereof, board of County Commissioners hereby declares that :t would have enacted this Ortn,ance in each and every section, lotion, paragraph, sentence, clause, and phrase thereof irrespective of the tact that any one or more Sections, subsections, • irephs, sentences, clauses, or phrases might be declared to be unconstitutional or -invalid. ribche .. - - - - 12, 2019, STEMS FOR SALE AND MORE GARAGE SALES 0 AUCTIONS -4444 TODAYI NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Code, a public hearing will be held before the Weld County Planning Commission and the Board of County Commissioners in the Hearing Room, Weld County Administration Building, 1150 O Street, Greeley, Colorado, at the times specified below. A Second and Third reading of said Ordinance will be considered on June 10, 2019 and July 10, 2019. The complete case file may be examined by calling the Department of Planning Services at (970) 400-6100 to make arrangements with the Planner, or at the office of the Clerk to the Board of County Commissioners, Weld County Administration Building, 1150 O Street, Greeley, Colorado 80631. E -Mail messages sent to an individual Commissioner may not be included in the case file. To ensure inclusion of your E -Mail correspondence into the case file prior to the Planning Commission hearing, please call the Department of Planning Services to obtain the appropriate contact information. For inclusion of any correspondence prior to the Board of Commissioners hearing E-mail egesick@co.weld.co.us. If a court reporter is desired for either hearing, please advise the Department of Planning Services or the Clerk to the Board's Office, in writing, at least five days prior to the hearing. The cost of engaging a court reporter shall be borne by the requesting party. In accordance with the Americans with Disabilities Act, if special accommodations are required in order for you to participate in this hearing, please contact the Department of Planning Services at (970) 400-3519, or the Clerk to the Board's Office at (970) 336- 7215, Ext. 4226, prior to the day of the hearing. All cases scheduled before the Planning Commission or Board of County Commissioners are subject to continuance, due to lack of quorum or otherwise. Contact the Department of Planning Services or the Clerk to the Board's Office at the numbers above, for hearing continuance information. DOCKET #: 2019-65 PLANNING COMMISSION DATE: March 19, 2019 TIME: 12:30 p.m. BOARD OF COMMISSIONERS DATE: April 29, 2019 TIME: 9:00 a.m. CASE NUMBER: ORDINANCE 2019-02 PRESENTED BY: JIM FLESHER/TOM PARKO REQUEST: 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 PLANNING COMMISSION WELD COUNTY, COLORADO DATED: March 1, 2019 PUBLISHED: March 6, 2019, in the Greeley Tribune 2019-1638 c.Z.0/9- a� Affidavit of Publication NOTICE Pursuant to the zoning laws of the State of Colorado and the Weld County Code a public hearingg wiflbe held before the Weld. County Planning Commission and the Board of CountyComm€s-: stoners inthe;HHearing,Room Weld CountyM€ninistration Build:` ing,1160 0 Street; Greeley, Colorado,•:atihe'.times specified be,_ low. • A Second end;Third readingOf said:Ordinance will be Cori: sideredon June 10,:2019: andhJuty.10, 201 (a The complete:case Mornay be examined by ceiling the Depart- • meat of Planning Serv€ce's at (97%400:61001e make arrange- ments with.the Planner, or at the o(ftpeof the. Clerk to the Board, of County Commissioners, Weld County. Administration 1150 O Street Greeley; Colorado 60631:. E:Mail messages sent to an Ind€viduai' Commissioner;may not be Included is the case file:, To ensure inclusion of 'Ode E -Mail correspondence Into the.. case file pprier to. the• Pianning9 Commisalon hearing please call the Department'of.Piaitning Services to obtain. the ap- propriate contact information. Par Inclusion. of any conet. spondencepr€or to: the Board of Commissioners hearing B- -mall egesiok@co weld.oc ysdesired for either:heariog, please advise the Department of Planning Services, dr the Clerk to the Board's .Of - flee, in writing, at least live dais prior to thehearing. The cost of engaging.a court reporter. shall be:bome by the requesting party. In accordance with the Americana with D€sabilities Act, if special, accommodations are required in. order for you to participate in this hearing; please Contact the Department of Planning Sew ices at (970) 400.3519, or the Clerk to the Boards.Office at; (970)336;7215; Ect:•4226;.prior lathe day of the hearing: Alt • cases scheduled before the. Planning Commission or Board of County. Commissioners are subject to continuance; due to lack of quorum or otherwise. ConlacttheDepantmant of Planning Services or the Clerk to the Board's Office at the numbers above, for hearing continuance information. • • DOCKET 4:: 201965 PLANNING COMMISSION DATE: March 19;2019 TIME 12:30rp m BOARD OF COMMISSIONERS DATE: April 29; 2019 • TIME::9:00 a,m CASE NUMBER; ORDINANCE2019-02 PRESENTED BY:: JIM FLESHER/TOM PARKO, REQUEST: IN THE MATTER OF REPEALING' AND'., REENACTING, WITH AMENDMENTS;. CHAPTER 14 HEALTH AND ANIMALS; CHAPTER23 ZONJNG; AND CHAPTER 29 , • • BUILDING REGULATIONS OF THE.WELD COUNTY. CODE PLANNING COMMISSION WELD COUNTY; COLORADO DATED: March 1, 2019 'The Tribune.• March 6, 2019 STATE OF COLORADO County of Weld, I Lucy Montoya of said County of Weld, being duly sworn, say that I am an advertising clerk of THE GREELEY TRIBUNE, ss. that the same is a three days weekly plus Sunday newspaper of general circulation and printed and published in the City of Greeley in said county and state; that the notice or advertisement, of which the annexed is a true copy, has been published in said daily newspaper for consecutive (days): that the notice was published in the regular and entire issue of every number of said newspaper during the period and time of publication of said notice, and in the newspaper proper and not in a supplement thereof; that the first publication of said notice was contained in the Sixth day of March A.D. 2019 and the last publication thereof: in the issue of said newspaper bearing the date of the Sixth day of March A.D. 2019 has been published continuously and uninterruptedly during the period of at least six months next prior to the first issue thereof contained said notice or advertisement above referred to; that said newspaper has been admitted to the United States mails as second-class matter under the provisions of the Act of March 3,1879, or any amendments thereof; and that said newspaper is a daily newspaper duly qualified for publishing legal notices and advertisements within the meaning of the laws of the State of Colorado. March 6, 2019 Total Charges: S16.34 6t day of Munich 2019 My Commission Expires 08/13/2022 Notary Public VICKIE G GARRETTS NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20144031754 MY COMMISSION EXPIRES AUGUST 13, 2022 Hello