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Home My WebLink About20191650.tiffDivision 6 - PUD (Planned Unit Development) District [ Ai -Q GL- e a d elo noted pw e-sas-ar-e su-b _..G- ? a _ ,�.r o ,>'�'. {., 9 e- rte- r�.. n s- t N �„�. - A . l 3 v v a o n - Sec. 23-3-500. - Sec. 23-3-510. - Sec. 23-3-520. - Sec. 23-3-530. - Sec. 23-3-540. - Sec. 23-3-550. - - (Repealed.) P e -r i- i rase S (Repealed.) '-� - O [1-�-f C st` i a ' -ss (Repealed.) Site z-r-----rc-A,L i frequ- a d (Repealed.) Per -go -Fr -man e-st a d m ance-re F� U-s-es-afo-ww-ed,-by--rig-h-t. (Repealed.) Sec. 23-3-56®. - PUDs subject to Chapter 27 of this Code. (Repealed.) 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 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. Off-street parking areas4n -the kor C Zone Districts may be permitted within the required SETBACK or OFFSET areas area is SCR1 -EKED tram ADJACENT pope -rtes zon-e-d-R-47 2 -7 -R -3 -,R -L1 or R-5. C. Parking areas shall not be permitted in any RIGHTS -OF -WAY. Sec. 23-4-30. - Design and construction of off-street parking spaces. A. Off-street parking areas for passenger vehicles shall be designed and constructed in compliance with the standards listed in Appendix 23-A. B. In off-street parking areas for passenger vehicles with ten (10) or more spaces, ten percent (10%) of the spaces may be for small cars. The dimensions of the small car spaces may be fifteen percent (15%) less than the standard dimensions specified above. Such spaces shall be designated by signs which indicate that they are for small or compact cars only. 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. Each space shall be equipped with wheel guards or curb blocks when necessary to prevent vehicles from extending beyond the boundary of the space and from coming into contact with other vehicles, walls, fences or plantings. 2019-1650 159 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 STREI _ TS/ROADS and ALLEYS. F. (Repealed) Sri-ki LO -Mace shall be consistent with t G. king PARKING LOTS shall conform to all standards of the Americans with Disabilities Act. Ting H. LOTS with two-way driveways will be provided with sufficient turning lane widths to allow two (2) vehicles to pass. I. No plant material located in driveway sight distance triangles shall be allowed to reach a height greater than three and one-half (3.5) feet. J. Landscaping techniques shall be utilized in design of PARKING LO S to aid in buffering PARKING LOTS from STR-ETS/ROADS. The PARKING LOT of any USIA 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. PARKING Seca 23=4=50. o Off-street 11oatng egiored. A. Off-street loading spaces shall be required for LOTS in the I and C Zone Districts. Off-street loading spaces shall be located ano SCREENED to meet the requirements o t -can-i g----i-s4r- -in wh h , is kc-a4e from PUBLIC RIGHTS -OF -WAY and ADJACENT properties zoned R-1, R-2, R-3, R-4 or R-5. One (1) off-street loading space shall be required if the COMMERCIAL or -I -D-U-ST'AL industrial USE is located in a : t'ilding 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 FSR AREA. B. Each off-street loading space shall be at least thirty-five (35) feet in length and ten (10) feet in width and shall be unobstructed from the surface uo to a height of at least fifteen (15) feet. 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. 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 A__ YS. 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. Dovlls on 2 o Soc ns Sec. 23-4=60. - Purposes and appoocab000ty. 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 corridrs 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 SIGNS on nearby public and private property; and to enable the fair and consistent enforcement of these -9-i9-Pc 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 SIGNS in commercial and industrial zones and a limited variety of signs SIGNS in other zones, subject to the standards and the permit procedures of this Division. 160 2. Allow certain signs 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 SIGNS not expressly permitted by this Division. 4. Provide for the enforcement of the provisions of this Division. B. No sign 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. Sec. 23-4-70. - General provisions. Signs shall be permitted in the various zoning districts according to the regulations contained in this Division and in accordance with the requirements set forth in Appendices 23-C, 23-D and 23-E. A. No sign 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 SIGN shall be erected at or near the intersection of any 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 Sig -n 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 SIGN other than traffic control ,-gn-s 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 SIGNS, except -- -1-, -- - !-� BILLBOARDS and off -site directional signs DIRECTIONAL SIGNS, shall contain information related to the uses USES being conducted on the zone lot ZONE LOT. OFF -SITE E. All signs 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 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. d -e -relict s-i g n Sec. 23-4-75. o Defin to ns. As used in this Division, the words--a-nd phra-ses set forth below have he -following definitions: For the purposes of this Division 2, certain words and phrases used herein shall be interpreted as defined in Section 23-1-90. A-NiMATED SIGN : Any sign or building by -a - of a sign that use movement or cha kimpression of movement, rotation o effect or scene; ig-ht f -a b r i c or -similar mater-i-� 1 -at-i-s-pe r m a n ep-t-I-y-mounted- to a p o l -e -o r -a frame or rivet at one (1) or more edges. BEACON : ; -light with one (1) or more fl -----� --- -- er or direr at one (1) or more points -not on the same zone lot as the light sou rotate or move. beams that 161 BILLBOARD : A sign which is intended to create an income frr ,-tom . -I-L-D- G-MARKERAPme of a bu i- dHi g— -c tru ction -n rrmtiara-aa--b ^t its construction, or historical data on h or-i- tosym-h-i-c-h-i€ Gut into a ma-sa;-r-facc e cn-a-Geof oronze or other-pesmagent material. BUILDING SIGN : A -n -y st yn a- ,cpart et a b _ iId am,s - 4 -fees --cog; s--i - ; oludes prodection s~ig- s--u-s1GeFfd-eel sins an -wall signs. - NOP Y SIGN : n— s gi that is a pact of, or attached -4e, an awnii g, capPy -r-off - P f r4 a-iast t-etizkGe-ve-r over a -dog en4 a—nce window or autdoor se v -- eaT C -H -A _ d t G E A BE COPY Y S` N. er �d9 I g o r o r I the eof— fl —G - l 6 t+ e a s r !� is �r. v �aG -_ � �-�- � �� .1 a-r—¢-�-e-�-�-s---o� �.0 �r-that�, � bo changel-o -rearra-n-ged without a-8 -c-i-ng the face or the surface of -the ,n-7-Ar a i aJ, on wh i t -rem e c -h&c me e -h a n six revolutions -per minute -s -h -a i be cols -ides. n4matedl s a -+G9-fog , a e--oe-oy sign -for purposeis of this Divisi --A onIj pta is an electronic r meehar-ical indication of time or ten P e sha conside1csd-a221-9"Ume an(i. per -a aFe ion of a sand not a c-th-a s i J COMMERCIAL MESSAGE : Any si-g--r ruing, logo or of i- �-eprresentati n-- r - i - !y or indire names, advertises or call ten don to a-a-u--i n ess, product, se r vee-oF-o-tt-h -r cornc ' s t a �-y- r l r Ti --aged by fi-r r -t1 q- J—a„e, wi i d-ar-Gther-n-atu ra l causes, or is i- a state of gen-er clila, idation, deteriorati-o-n-or deca-yFes-u1t4 g— e -i- ra r or lack of maintenance, V ncalism erg--station-,with ver-m--i,n or ro Sn4s- D E V E ‘ I G N. r)- d -V 0P -FA A2- ' v a-S�- i- ai-' ie-i 9- y--ewt 1-fpthe-ho ranee - ors' association-.---- he s ig n -may _ contafle naR- mbei ar le -ea -tie n of a atinin-od-W-4 M De el op o r Minor -Sv iR .-; -a- L el;1G m-ens-wi Bern merc -r ' cLF fS s4P aase s ma -y i n cl u ca -h e names of bu _ sI n--e€-se h-e-ee _ o e n -e -c t n -tie deveiopmerd s -g n- FLAG : obi am9, -r or ou-nting containing distinctive oo1e, p ors or syp t $_t -e-1 States the State, the County -1 --foreign nations having diplomatic relatin-s - : , and -any ether flag _ adopted d or se -Retie -pad I e g i s l a t i ve body o f- R4p b:e-nab -u-c -ictsef- _ bew n in acearthnee with par -et con-ge s s of the U-Ri-we d tars- ,-c ; Stripes. Any fl -a --nee eti an -ne (1) or more of these conditions shat, oiee-ed9 a banner sign - and shall be s b-Ee ion -a such. in, the ground aa--t-Bare independent fromi ors-f�s -te directional -signs. --h-2 4 f ceO1--- r --a yes net i4r4clula3l-l-Cbea' P- -occu r- IIICIDEa'V-T4Wr SIG : A nformational, that has -a --r t owe se—cama -=to-the use of the Zerr e lot on which it 1 s ecate 0 , sucha-s-±-ne-par-leili 4_��- eri-� . e --s NI i �-�n w i fh a oo-r mn e rc i� l message--! �, e- h -e -.zone- {- n-whltc the si n locate() s a-�kbe-cansid-erroc incidenta NOR/CONE QR IWG S-, J A sign that does not conform but which was la wy- ho time of its applicability. 14rem nt -hi -D--iv- r, ; OFF -SITE DIRECTIONAL : Sig soy vices or functions being -advertised type of goods, services or functions-whie h-ose-u-pani-- n-ce as to wher-e-,-l4ow--San — and-nr h -o signs- --al-l-r -la,4e-only-to-2 g -a ; re pairs o r� tr -q4 *id.' the hT wa a, s -se s ght plastic, faoric or other material, whether or not, n ain- g a -message -of any kind, suspended from a rope, wire-er ri ies, de&gnee -i n -t -e - , 1- 162 a _ sign designed to be tran umbrellas user POLITICAL SIG : n n yH4eJm a-ry sign for pe icaI-ad-v-ect s a n -g -pu-u ses PORTABLE SIGN �ny sign -not permaIy attached to the ground--of-otherpennagefl far- c g-' —o4 limited a' signs designed _ o-- transi -a — acs =frames; menu and n4 1 b 1cd signs; balloons used-- s g -n -s; and signs attached -to or p a, nt-ecke-n h• public rig-nt-ePth a y, unless saEd vehicle is —used reg-u1ard an -d --c ust-o -a r i n the norm _ dray---ter—day -e,c `' ` - - - li�hr --4 ' i Re ss -ROE C I NG SIGN : An, --sign-affixe'dr- -p n€Wc a i-a r to, o o -a- -& anete to a--bu Id';- g-- r- -U--i-cry-supsn a manner- -t--i-t-s _ itead-i-x nd s more than-stx-(@) i-nofnbe- nd9-th flce of►-b-u-ifli-n-g-ar-w-a-1-1- Cons RE -AL ESTATE PROMOTION SIGN: A to erapy-s"g-n, locatec-e~n-premise-rare ki- t-i f ie- d e l l i n g s or other-ssru- ct u re s --u,-r -o u-otion-ear I constructed. T -is is a t pe— kemporary sie that -Gan -otherwise exceed tem-i � g -n s to -dad 2 3- Onpem-ise-s signw advertising • •o• Genstruction shall Rbe4isj -a 'ed- '` ,II Oats or d-e-li-g s o a� been sold. Off-premises,ng t ok4s1on n —S tion shall € - isp a-yed prio1J to -the date of officio e -r -ding of -the subdivision, a ,d- -h ,- l Femo sec within to o-, o rs- rom the--ea4e--of-t i a ee-ef the first - t - ding permit in the projec-t-or-w th-if( -d9 a y€$Fe1►m--thy time q-tyare-p.)-ereent ea ea) of -the lots _ or cw-eili-n g s-- n the--s'u 4- i o o e- been so id , wh-ioh-e~-4{ p eriod--ice t -h -c --l- ast- Stns a- -vertI s i-ng s i e-ean :ruot10 n may _ ire- d i s pl a d -d u ring the-pe4ad of con -s- ructao-i--aunh -I-Pae-te edupon issui=psi c -at occu9pa c the a -i' s pe tion-cwhioha r curs-- RESIDENTIAL SIGN : An s E g n z&no-d-fo r res i d e d a 1 u ses4hat-c-en4a i s --no c e rc i a! m e- sa4 ce—p-t-a ° i-sang-fo a Sri s ewkse s -leg 1 -o 7"tie red on -h'e- p re m e s r' n-i- locate1-i-f 416\9 -at s u eea t o n conforms with -a I ! re u i-re men-ts-o tl Code. ROOF NS/fly sign erected - 4 --eon uoted whr y on--and-e er the roof of-a-b-ud g, su po 1ec -- -e-roo s -truce, and eaten- a �g- -c i. at -be e thie hest portion of the -roof. Su s -w s c>es an -seventy-five percent (75%) ,----iRe4z-nra-H- e oo _ n i- 4e -roof s u rfacesT St er Wce, f ixtu-r-e, *cs I -or struotu-r-e- Us :ton, n kJ cntael er-wri-ti-n -o -dve rtise, a n -n eu-nee _ theHa uppe e- -f -or id elgvy purpose of a person of -en -titer tG 0rn-r -urn ioatei-n rrrn tier -of -an -I a —the public . ' arty , _ that 40 - -s-u-s te ed from -the underside of a horizontal _ pla e sw4ac-e• n8 s- 3e by such surface-- en€idered a -type of building sdg TEMPORARY SIGN : Cot suct o-n-stg-r ' i i ch ide nt - e eGn-tractors, i-o-Flea n g-e'b S- en -the U -Y i91'�Ysale 9 P ar-2-for-rent" s i gn _ son ica4n-g- h at the p-ro'port-y-ojr residence i s fo r sae-ofr ren-� _ o euGt-ion- s-i -nes, "for --sale" a ad`°f-or-Fen-t siegg..-n s must -be removed-up'e n--o-om-p•ie-tiGn-of _ the -p r=o j-eo -o r when-the%pr-ape- -sold or-fe red - WALL --P -A0 f sign attached p rallel to, but within - )- e -- -� —en- e s-u4a-ce-e-f or e recte.4 and confined-i-n~th e lima=- of an ee wall of ana- h-i c h is supported- ni, building o trL+otu-re, a Pidac h-dEnrela YS--o-c - ;-n surface. Cos i red ' 9ae-cf---1 -uni-n-Q s-ig�-n- WINDOW SIGe, s-y-mbol or crambina-n-thereaf, desig-n-e'd--to con-6wn-iea1e ire -formation about an activity, business, camr d��'P\, �t3 she or-se-rv-ice that is place side is visible from the ex -t- rithrof -noow. ZONE LOT : d parcel e -r- ar1e!s of land in single ow n 'r&hip with -a ►n-!-e-urse G mu °ip s-4®oat a ffil i n- star ctare- Sec. 23-4-80. - Sign construction standards. A. All letters, figures, characters or representations maintained in conjunction with, attached to or superimposed upon any &Ian SIGN shall be safely and securely built or attached to the structure. SIGN 163 D B. Any operable or removable parts of a sign 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. Signs shall be adequately constructed to prevent potential hazards to the public. All permanent signs SIGNS and sign 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 SIGNS shall be designed and constructed to conform with the Electrical Code set forth in Chapter 29 of this Code. All signs SIGNS and sign SIGN structures shall also be designed and constructed to comply with the design requirements set forth in this Code. Sec. 23=4=90o o Design Mans for signs requiring zoning approvallo The owner, or applicant as agent for the owner, shall prepare a set of s-i-g- SIGN plans for all exterior signs 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 si g ;- 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 SIGNS constructed or maintained under the plans will comply with the sign 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 sew SIGN plans have been approved by the Board of County Commissioners or planning staff. All sips, SIGNS shall be designed and constructed of materials which harmonize with the architecture of the site on which the sign SIGN is located. Generally, the use of sign 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. Sec. 230x. =1000 e Nonconforming sictins. Each legally established sigrl 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 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 SIGN that is designed for such changes, or the repainting or reposting of display matter shall not be deemed a structural alteration. The lawful use of a sign SIGN existing on April 10, 2006, the effective date of the repeal and reenactment of this Division, although such sign SIGN does not conform to the provisions hereof, may continue; however, if such aancanforming use NONCONFORMING USE is discontinued for a period of six (6) months or more, such sign SIGN shall not be used until it has been made to conform with the provisions of this Division. C. Any -sign 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 SIGN before it was damaged, shall be deemed to have been totally destroyed and the sign SIGN shall not be restored except in conformity with this Division. Any sic;-;(-- SIGN which has been damaged to an extent less than fifty percent (50%) of the construction value or replacement cost of the ign SIGN before it was damaged may be restored to the condition in which it existed previously as a nonconforming use NONCONFORMING USE prior to its damage. Sec. 234-110. 0 Computations of sign area rj rd A. Computations of area of wall signs WALL SIGNS and single -faced s-i g-ns SIGNS. The area of a sign 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 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. 164 B. Computation of area of multi -faced signs SIGNS. The sign SIGN area for a SIGN with more than one (1) face shall be computed by adding together the area of all sign- SIGN faces visible from any one (1) point. When two (2) identical sign SIGN faces are placed back to back, so that both faces cannot be viewed from any point at the same time, and when such sigr- SIGN faces are part of the same start structure and are not more than twenty-four (24) inches apart, the slip SIGN area shall be SIGN 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 sion SIGN structure. Natural grade shall be construed to be the lower of (1) existing grade prior to construction, or (2) the newly established grade after construction, exclusive of any filling, berming, mounding or excavating solely for the purpose of locating the s -it n SIGN. Sec. 23-4-120. - Requirements for setback, offset and clearance. A. The offsets for all temporary and shall be ten (10) feet. free -Ma -Rd i*j- n s. FREESTANDING SIGNS from adjacent properties B. The offset for flags FLAGS shall be ten (10) feet, or the height of the pole, whichever is greater. C. The setback for bi-d-I-b-ea ;Is BILLBOARDS and G (- SIGNS in the Commercial and Industrial Zone Districts shall be twenty-five (25) feet from the current or future Feed righ- e-faw STREET/ROAD RIGHT-OF-WAY, whichever is greater. The setback for all other freesia - ding signs FREESTANDING SIGNS in the Commercial and Industrial Zone Districts shall be fifteen (15) feet from the current or future caday STREET/ROAD RIGHT-OF-WAY, whichever is greater. OFF -SITE DIRECTIONAL D. The setback for ff-site-td'; n-at-stg- OFF -SITE DIRECTIONAL SIGNS in the Agricultural Zone District shall be twenty-five (25) feet from the current or future road ri-t--o-f- ay STREET/ROAD RIGHT-OF-WAY, whichever is greater. The setback for all other frr-}s'-san--ng sign -s FREESTANDING SIGNS in the Agricultural Zone District shall be three (3) feet, or one (1) foot for every three (3) feet of 1 H,-, SIGN height, whichever is greater. y E The setback for all a ss rig—sig s FREESTANDING SIGNS in Estate and Residential Zone Districts shall be twenty (20) feet. F. Signs projecting over a driveway shall be mounted at least fourteen (14) feet above the surface of the driveway. G. Signs projecting over a walkway shall be mounted at least nine (9) feet above the surface of the walkway. Division 3 - Mebile—Homes—and Manufactured recreational vehicles. Sec. 23-4-130. - Permit requirements. homes, manufacture' structures, and occupOed Where a MANUFACTURED HOME, MANUFACTURED STRUCTURE, or occupied RECREATIONAL VEHICLE is permitted in Article III of this Chapter upon issuance of a zoning permit, the permit may be issued by the Department of Planning Services upon a determination that the application complies with this Division 3 and any applicable provisions of this Code. No MOBILE HOME/MANUFACTaURE= STRUCT-U-RaIy- located or relocated -in --the County ---after August 2 , 1981, exosat in accordance with this Divysien,in-clud-i-n-g- - e-i-s i nce of any zoning permit "t •hich may be req'L heci-by--t -i-section. Each MOB --I L -E —H M! U AC D _ S T R C-TL1R E�-Leca e d o r--re-I o c a- the C o u -rift sid date -mu -s -t have a BUILDING permit -for a i\A-08 E HOME/MANUFACTURED-STRUCTURE issued pur-suant to Chapter 29 of this Code. An application for any zoning permit for a MANUFACTURED HOME, MO-BILLE ° OME/MANUFACTURED STRUCTURE, or occupied RECREATIONAL VEHICLE i-r-ed-b-yms D-Putisi -n shall include the following: A. Name, address and telephone number of the applicant. 165 B. Name, address and telephone number of the owner of the land if different from Subsection A above. C. Fvidence of interest in the subject land held by the applicant if the applicant is not the owner of the land D. A legal description of the property for which the application is made. E. Number of acres of the property. 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, MOBILE 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, MOBILE HOME/ MANUFACTURED STRUCTURE , or occupied RECREA d INA_ VEI IICLE indicating whether the access is existing or proposed. 3. Location and measurements of any easements or rights -of -way. 4. Amaunt of road free s. An access is or can be made available that provides for safe ingress and egress to a PJBLIC BLIC STREET/ROAD. All accesses shall be in accordance with the access requirements set forth in this Code. 5. Identification of any county COUNTY , state or federal roads STREETS/ROADS or highways. 6. Existing STRUCTURES on the property. O. Methods of disposal of sewage or other wastes in compliance with the requirements of the Colorado Department of Public Health and Lnvironment and the County Department of Public Health and Tnvironment, except for applications for TEMPORARY storage of a I IOMEiMaCTw _RED , R ICTI Ia E MANUFACTURED HI iE under Section 23-4-160 below. M B -I --IL 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 U.UOBIi E 4QME/MANUFACT-U-R-ED-S-T-RJCTURE 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 aoplication 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 —he requirements of this Division 3, MOBILE HOMES/MANUFACTURED STRUCTURE , 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 to where the rno3ile-he -. 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) arty owners within five hundred (500) feet of the subject property in opposition to the location of the MOBLE _E L. Completed Building Permit aoplication for a MOBILE HOME 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 MOBILE HOME/MANUFAC-TUBED STRUCTURE MANUFAC _ l URED HOME, MANUFAC-URED STRUCTRE, or occupied RECREATIONAL VEHICLE is used for other than the permitted USE, or 166 expire at the end of the initial or extended term of the permit for TEMPORARY storage of the -O-BILE MANUFACTURED HOME. Such application shall include detailed plans for removal of the MOB -1 HOME/Mss' Jl=AC-T-UR.ED STRU-OT- E MANUFACTURED HOME or MANUFACTURED STRUCTURE upon expiration of the TEMPORARY permit. Sec. 234-140. - Wva-M h- es --p -ittedl- h e A Zo e -- - S (Repealed) MORaLE HOMES/MANUFACTURED---S-TRUCTUR-E--aye aaIowe-in the A (Agricultural) Zone District for -t -he -U S-riS-lasted _ be -low in -Sections 23-4150, 23-4----1-60,23-21-170123-4-1-8-0, 23-4-1901 23-4-200 and 23- 4 220T -upon the issuance of the apa -prate-;w- Ong or BUILD -11 LG-par wits ao-oarding to the follewg ants: A'! temporarily per' irtted MO. !LE HOM S/MAN-UF CTURED STRUCTURES--h-a-!l be ano ties Depa pursuant t e Chapterirementsof 29 of this Code. Upon determination ! of tree � e f an iil g Se r�3 i t �e o 1 1 n g P- -ii m a s a TrT t i an sfe ra b`C� by t� o` p lien r n t and/or o r owner LT3 Tai � to a n y-s-useesso r; the-Zoe-i-n-g-Permit s h a1H:e rm i n ate a ut-o afi a p -o n --co n v -e a n -c -e-- orr lease of the property. T u M O B I L E H O -M -E -SA N -U IS--T-U-R-ED R U. CT-U-RcE shall be removed ived from roper ar new Zon-i-g Permit shall be ap Deed -for ana a -pp -rev -S. Sec 23-4-150. - Temporary use during construction of residence. A zoning permit for the USE of a MOBILE MANUFACTURED HOME or RECREATIONAL VEHICLE 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: occupied A. The applicant r °tci-i. shall have a valid building permit for the construction of a permanent DWELLING B. C. UNIT on the same LOT. Construction of the permanent DWELLING UNIT shall commence within ninety (90) days of issuance of the TEMPORARY zoning permit for the NICOL MANUFACTURED HOME or RECREATIONAL VEHICLE and shall be diligently pursued. The applicant must shall demonstrate that adequate water and sewage disposal facilities are available. D. The TEMPORARY permit for occupancy of the MOBJLE 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 MOBILE MANUFACTURED HOME or occupied RECREATIONAL VEHICLE as a TEMPORARY USE during construction of a DWELLING UNIT on the basis of a signed statement by the applicant that the conditions of Subsections A through D above are met, upon information contained in the permit application, and upon such independent evidence as may be available or which the staff may reasonably require. F. Extensions of six-month increments beyond the above eighteen -month period may be granted only by the Board of County Commissioners. The Board of County Commissioners shall hear the application for an extension at a regularly scheduled meeting of the Board. The Board of County Commissioners shall give notice of the application for a zoning permit and the meeting date to those persons listed in the application as owners of property located within five hundred (500) feet of the parcel under consideration. Such notification shall be mailed, first-class, not less than ten (10) days before the scheduled meeting. Such notice is not required by state statute and is provided as a courtesy to surrounding property owners (the surface estate). Inadvertent errors by the applicant in supplying such list or the Department of Planning Services in sending such notice shall not create a jurisdictional defect in the permit process, even if such error results in the failure of a surrounding property owner to receive such notification. The Department of Planning Services shall post a sign for the applicant on the property in question indicating that a WaBILE MANUFACTURED HOME or 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 167 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 ;oard of County Commissioners shall consider compatibility of the MOBILE MANUFACTURED HOME or RECREATIONAL VEHIC_H 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. MOBILE . IANUFACTUED HOMES permitted as a TEMPORARY USE during construction of a permanent DWELLING shall be removed within thirty (30) days after the permanent DWE_L NG has been occupied. A MANUFACTURED HOME permitted as a TEMPORARY USE during construction of a permanent DWELLING shall not have a permanent foundation. 1 I. Sec. 23-4460. emporary storage of 51occLpoed manufactured A zoning permit for the temporary TEMPORARY storage of _a MANUFAC u lRED 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: homes. one (1) unoccupied A. The applicant must shall obtain a building permit for a MOBILE HOME and must shall comply with all applicable installation standards of Chapter 29 of this Code applicable to MOBILE HOMES; provided, however, that no utility hookups to the MOBILE MANUFACTURED HOME of any type, including septic systems, shall be allowed. The MOBILE MANUFACTURED HOME may not be used on any basis as a DWE overnight or TEMPORARY housing for any person. C. The applicant Rids:( shall demonstrate that no reasonable alternative exists to the TEMPORARY storage of the MOBILE MANUFACTURED HOME on the land involved. D. Only one (1) zoning permit for temporary TEMPORARY storage of a 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 -EMPORARY storage of a MOBI-LE IVIA IA'-ACTURED I _ IOW _ 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. MOBILE LI NG or as - mporary MANU ACTURED A zoning permit for temporary TEMPORARY storage of a MOBILE MANUFACTURED H• ME 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 TEMPORARY storage of a MOBILE MANUFACTURED HOME at a regularly scheduled meeting of the Board. —he *oard 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. lihe Department of Planning Services shall post a sign for the applicant on the property in question indicating that a MOBILE 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 MOBILE MANUFACTURED HOME on surrounding property. The Board of County 168 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 HCM y 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 C+U \TY. Mici__{tt A MANUFACTURED HOME permitted to be stored li _ EMPORARILY shall not have a permanent foundation. Sec. 234-170 o O T -era c -G -q;_ AnurfamA accessory fan -rang use. A. A zoning permit for the T-EMPORARY annual use USE of one (1) QB—LE MANUFACTURED HOME for an ACCESS RY farm FARMING UST, on a ,4 LOT in the A (Agricultural) Zone District, in addition to a principle dwelling unit DWELLING UNIT, may be issued by the Department of Planning Services upon determination that: 1. The MANUFACTURED OME will be occupied by persons p-r-i_Er € k p PR NCI PAI Y FMPLOYI _ D at or p p Hy -e g e4 PR NCO PALLY ENGAGED in the operation of the ,.,SE where the WatRL MANUFACTURFD FACTU R F D HOME is located. ACCESS A RY FARMING USF of the MO -ALE MANUFAC-URED 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 MANUFACTLRED HOME occupant is teJ:. °y em1o[ayS PRINCIPALLY EMPLOYED at or engaged in the -Fnrg FARMING operation on the subject property or is a caretaker or security personnel for the subject property. The evidence shall cnsist of tax records (W-2 forms), employment agreements or other documentation as determined suitable by the Department of Planning Services. Failure to submit the require° documentation may result in cessation of the allowance of the -MOBILE MANUFACTURED HOME for T annual ACCESSORY tirrn FARMING USE. -_rry 2. The MO-E#41,E MANUFACTURED HOME is necessary for he effective and economic operation 3. 4 5 the USE and/or protection of the agricultural USE. he MOBILF MANUFACTURED HOME will not be used as an income source by the applicant for rental to persons who are not 'eyed PRINCIPALLY EMPLOYED Adequate water and sewage disposal facilities are available to the HOME. upon the I 0 MANUFACTURED (Repealed) The-MOB--I-LE- H -NE is not the firs: DWN.Q----NIT on the -parcel of-l-a-nd h th-e--vM O -E HOME will --be- e- first DW E L L I N-G--LN-1-==-o -p- par -GI of lane, the -MOBIL- 4O -ME -request shall follow the aoatication procedr-e€-uncle-r r re4&ens of Seotien 6. The applicant must shall and comply with all insta obtain a BUILDING permit for the Iation standards of Chapter 29 of this Code. MAN UFACTURED HOME The Department of Planning Services shall make its determination on the basis of a signed statement by the applicant that the conditions of Paragraphs A.1 through A.6 above are met, upor informatin contined in the permit application, and upon independent evidence as may be available or which the staff may reasonably reouire. C. A zoning permit or more than one (1) MOI.B4-Lic= MANUFACTURED HOME in the A (Agricultural) 7sne District as an ACCESSORY farm USE may be issued by the Department of Planning Services upon a determination that the criteria of Paragra ohs A.1 through A.6 above ano 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 z ping permit may be issued only upon aoproval by the Board of County Commissioners. The Eoard 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 ard. The toard of CountyCommissioners 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 if the parcel under consideration. Such notification shall be mailed, first-class, not less than ten (10) days before the 169 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 MOBILE 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 MOBILE MANUFACTURED HOME on the surrounding properties. In addition, the Board shall consider compatibility of the MOBILE 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 MOBILE MANUFACTURED HOMES as ACCESSORY farm FARMING USES are TEMPORARY temporary. Allowance of the MOBILE 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 MOBILE MANUFACTURED HOME shall be removed from the property upon the cessation of the USE of the MOBILE MANUFACTURED HOME as an ACCESSORY far -r i FARMING USE or at any such time as the MOBILE HOME is used for other than the allowed USE. E. A MANUFACTURED HOME permitted for ACCESSORY FARMING USE shall not have a permanent foundation. Sec. 234-1800 9 Temporary Annual° accessory use dining medical hardsho pa A. A zoning permit for the TEMPORARY of a MOBILE MANUFACTURED HOME during a medical hardship on a lot in the A (Agricultural) Zone District, in addition to the principal dwe114 t DWELLING UNIT, may be issued by the Department of Planning Services upon a determination that: annual use USE 1. A medical hardship exists in which the person to be living in the MOBILE 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. There is no reasonable alternative available to the applicant for the care of a person who needs medical supervision. 3. Adequate water and sewage disposal facilities are available to the MOBILE MANUFACTURED HOME. B. A MOBILE 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 apolication 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 MOBILE MANUFACTURED HOME has been 170 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 theOBiLE MANUFACTURED HOME on the surrounding properties. In addition, the Board shall consider compatibility of the MOB-FLE 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 MQ-Bi4-E MANUFACTURED HOMES during a medical hardship are TEMPORARY temporary. Such permits shall be subject to review annually on the anniversary of the original permits 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 MOBILE MANUFACTURED HOME shall be removed upon cessation of the medical hardship or at any such time as the MOBILE MANUFACTURED HOME is used for other than the permitted USE. Sec. 2304-1 0, - Temporary accessary use as •ffuc eo A. A zoning permit for the USE of one (1) MANUFACTURED STRUCTURE in the A (Agricultural) Zone District as an OFFICE USE -CON -ST -RUCTION T -L -ER accesocy ACCESSORY to the USE allowed by right may be permitted upon a determination by the Department of Planning Services that: 1 The MANUFACTURED STRUCTURE is necessary for the effective and economic operation of the principal USE. 2. The MANUFACTURED STRUCTURE will not be used for residential purposes. 3. Adequate water and sewage disposal facilities can be made available to the MANUFACTURE STRUCTURE. 4. No reasonable alternative is available to the applicant for an OFFICE USE C xRUCTION T RAd LER 5. The applicant must 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 Si4e -a-n=R irew—e 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 conditions of Paragraphs A.1 through A.5 above are met, upon information contained in the application, and upon independent evidence as may be available or which the staff may reasonably require. C. A zoning permit for a MANUFACTURED STRUCTURE used as an accessory OFFICE'G-N TRJC-T-IQ-N-TRAIL 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 171 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/CONSTR-UCTION TRAILER to the principal USE in the A (Agricultural) Zone District are TEMPORARY and subjeet tt the requirements for MOBI-LE HOMES as stated in Arti-1ir- USA, Division 3, and Article III, Division 4-ef this Chapter. The MANUFACTURED STRUCTURE shall be removed from the property upon the cessation of the USE of the MANUFACTURED STRUCTURE as an ACCESSORY OFFICE USEi NSA-- UC T ION TRAILER to the business, eammerc41 COMMERCIAL or industrial activity. The six-month limitation for this TEMPORARY use 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. Sec. 23-40200. Sec 23-4-220, - G{;i.r; i2 'f.x0 ( R V p e a D e d C) Manufactured homes on C or 0 Zone DSStruct. A. A zoning permit for the USE of one (1) MOBILE MANUFACTURED HOME/MANJUF- CTURED STRUCTURE 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 P'MBL[ MANUFACTURED HOME/MANUFA: T°URED STRUCTURE is necessary for the effective and economic operation of the business, COMMERCIAL or industrial activity. 2. The s' x `=s '' i_, MANUFACTURED HOME! ° Aa! °- ,FACTURED ST- UCTURE 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 HOME/MANUFACTURED STRUCTURE. 4. The applicant mu-st shall obtain a BUILDING permit for the M _ O BILE OB-I L E and comply with the installation standards of Chapter 29 of this Code. MANUFACTURED MANUFACTURED A zoning permit shall not be required for a M -'I -LE MANUFACTURED HOME ST-R-UCTU E 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. HOME MANU-FACTU i3ED 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 -Paragraphs A.1 t- roug-h---AA above are met, upon information contained in the application, and upon independent evidence as may be available or which the Department of Planning Services s of -f may reasonably require. C. A zoning permit for m:,': _ s:-: one (1) y_vI MANUFACTURED HOME STRUCTURE 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 ('TM j L 172 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 ano 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 MOBILE MANUFACTURED HOME/MA\ RE-=UR-E 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 MQBILE MANUFACTURED HOME/M-ANUFACTURED STRUCTURE on surrounding properties. In addition, the Board shall consider compatibility of the MOBILE MANUFACTURED HOME/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 MOBILE MANUFACTURED HOMES/MANUFACTURED STRUCTURES as ACCESSORY USES to the principal USE in C or I Zone Districts are TEMPORARY an- subject to the requirements 'or 03 E FOVES/ =Arm �`D RUCTURES as stated in Article III, Division 3 and or Article III, Division 4 of this Chapter. The MOBILE MANUFACTURED HOME shall be removed from the property upon the cessation of the USE of the MOBILE MANUFACTURED HOME/MANUFAACTURED STRUCTURE as an ACCESSORY USE to the business, commerci-a4 COMMERCIAL or industrial activity. The six month limitation fey—th-is TEMPORARY use may be standards extended ir six mon increme s -at the -discretion of -the Director of Planning Serviee-s u times, and thereafter by the Board of County Commissioners. Sec. 23=4-230. m DellegatUon of uthorty. The Board of County Commissioners delegates the authority to issue a Zoning Permit for a MO -I-LE 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. The applicant is in compliance with the criteria identified in this Chapter for the specific category of zoning permit for which application is being made. B. The Department of Planning Services has sent notice and not received signed notification of at least thirty percent (30%) of surrounding property owners within five hundred (500) feet of the subject property in opposition to the location of the MOBILE MANUFACTURED HOME, MANUFACTURED STRUCTURE, or occupied RECREATIONAL VEHICLE. The petition shall indicate that the surrounding property owners who have signed the notification have objections to the issuance of a zoning permit for the MOB -I --LE MANUFACTURED HOME, MANUFACTURED STRUCTURE, or occupied RECREATIONAL VEHICLE. Any notice not received within twenty- eight (28) days shall be deemed a positive response of said request. C. If the Department of Planning Services denies the permit, the applicant may appeal in writing to the Director of Planning Services, within ten (10) days of receipt of the denial notice. A hearing shall be scheduled with the Board of County Commissioners to provide the landowner an opportunity to appeal the denial, for good cause shown. If the landowner does not submit a written appeal, the denial becomes final. D. If the Department of Planning Services does receive signed notification that thirty percent (30%) or more of surrounding property owners within five hundred (500) feet of the subject property are in opposition to the permit, the Board of County Commissioners shall review the application for compliance with the criteria set out in this Section at a regularly scheduled meeting of the Board: 173 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. 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 Us t,s Sec. 23-4-350. - Livestock confinement operations. A. Livestock Confinement Operations (LCOs) In V7 Isitynr 4 0.,E iron;;Z 1J v 9`St 1 LIVESTOCK CONFINEMENT OPERATIONS shall be located at least fifty (50) feet from any state or federal highway Hg -h -t -of --way RIGHT-OF-WAY, subject to review by the Colorado Department of Transportation. Manure shall be handled and disposed of in a sanitary manner, approved by the Department of Public Health and Environment. C. Suitable chemical and scientific controls shall be provided for rodent and insect control. D. Concrete or other suitable aprons ADJACENT adjacent to the permanently affixed feed bunks, water tanks and feeding devices shall be provided. E. Adequate mechanical means for scraping, grading and cleaning of area shall be provided at all times; and scraping, grading and cleaning of the area will be accomplished as approved by the Department of Public Health and Environment. F. Drainage facilities or improvements shall be constructed to protect any ADJACENT adjacent rivers, streams or other bodies of water from pollution, as approved by the Department of Public Health and Environment. `t - 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, 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. 174 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; and d. Impoundment wastewater storage capacity. Sec. 234-370. - Outdoor shooting ranges. A. A Special Review Permit to operate an Wee- .s a,�� f 8 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 USES and the relevant provisions of Subsections B.2, C.2 through C.6 and D below. Review of t l plan shall be accompksh-ed P -t Review process and s; d -tee major chime from the Speei-a-1 Review -Permit. The Department of Planning Services may waive the review if the surrounding property within one-half (1/%) mile has not significantly changed since the recording date of the original application. The applicant shall provide evidence for this determination. T -h -e -e -p -e Aator,it ne--oUi-elh-e 4 uses roe -to ccept-thy€ staf d- t nni-natien- u-n-der '-h-✓ Site P1-ain _ Review procre- aye req th,a-t-t e mattetl be-- ..termined by the Board of County p .res for consi-dering a Comriss-io-n-ems--which sr all hear the matter in accordance Special R. eV bs _ P or, that no fee shall be charged„ B. Application for a Special Review Permit or Zoning Permit, as required in Article II of this Chapter, to operate an outdoor- shooting r-an-ge OUTDOOR SHOOTING RANGE shall be accompanied by the following information: 1. Topography at two -foot intervals. 2. Plan of range with supporting data on safety factors. C. The following minimum standards shall apply to all RANGE 1 (Repealed) outdoor s hooti-ten rests Minimum land --requirements sha11 .oe se OUTDOOR SHOOTING if the - -Planning Corm i on —f -o --eg- 2. Shooting ranges shall, when possible, be located to take advantage of natural terrain barriers. The entire range (including danger area if range is not of the "Safety Range" type) shall be fenced and warning signs posted every two hundred (200) feet. 3. Line of fire shall be as nearly horizontal as is practicable and never below horizontal. Ranges may be constructed so that the firing point is below the target, provided that the gradient between the firing point and target does not exceed two percent (2%). 4. The perimeter of the range shall be LANDSCAPED to provide natural noise barriers. The remainder of the range shall be planted and maintained with grass or other suitable ground cover. 5. If the shooting range is used by more than four (4) individuals on a regular basis, shooting shall be supervised by a range officer or instructor qualified by the National Rifle Association, military service or other similar training. 6. In addition to firing lines or fields, adequate space for danger areas, parking, equipment, storage •but i ig BUILDING clubhouse and latrines shall be provided. D. Provisions for pistol, small -bore and high caliber rifle ranges: 1 "Safety Range" requirement. If the range is constructed in an urbanized area, when area is developed, or when natural terrain does not offer adequate protection, overhead safety baffles may be required. 175 2. Firing points shall be four (4) to five (5) feet apart for shooting distances up to two hundred (200) yards. 3. Rifle or pistol ranges shall not be permitted without bullet stops. Natural or artificial bullet stops shall be provided. a. Natural bullet stops. Only slopes of hills shall be used for natural bullet stops. The crest of the hill used for a bullet stop shall be at least thirty (30) feet above the level of the firing point for a one hundred -yard range. An additional ten (10) feet of hill shall be provided for each additional one hundred (100) yards of range. The slope of the hill shall not be less than two (2) to one (1). A vertical cut shall be taken out of the face of the hillside used for a backstop to provide a nearly perpendicular face to catch bullets and prevent ricochets. b. Artificial bullet stops. For up to a three -hundred -yard range, an earth embankment at least twenty-five (25) feet in height, well sodded to retain a slope of thirty-five (35) degrees from perpendicular and topped by an earth -filled timber barricade at least fifteen (15) feet high, shall be provided. Stones shall be removed from the face of the embankment to a depth of eighteen (18) inches. For each additional one hundred (100) yards of range, ten (10) feet in overall height of the bullet stop shall be added. The bullet stop shall extend approximately one hundred sixty (160) feet beyond the ends of the target line for high -caliber ranges; and twenty-five (25) feet for small -bore rifle and pistol ranges. E. Provisions for trap and skeet fields. 1. A danger zone of one hundred (100) yards by three hundred (300) yards shall be provided for trap fields. 2. A danger zone of three hundred (300) yards by six hundred (600) yards shall be provided for skeet fields. 3. Trap and skeet fields may be combined (traps layout superimposed on skeet field) where a danger zone of three hundred (300) yards by six hundred (600) yards shall be required. 4. (Repealed) The ur; ements o rap A-ociatien. 5. (Repealed) The skeet field layout shall -meet -the requirements- of the National Skeet Shooting Associatier+- Sec. 234=380o o aUd waste sites and facilotoes or hazardous waste dosposaD &teas 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 Iann g Co- rniss-ion or the Board of County Commissioners where required by this Chapter. The Board shall be guided in its review of a certificate of designation by state statute ano regulations containe-2-:n 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 Piera-i-n-g Commission Board of County Commissioners shall be satisfied that a need exists as part of the determinations for any such permit. ennri Secs 23-4400o - KefnnSllsa A. Manure shall be handled and disposed of in a sanitary manner approved by the Department of Public Health and Environment. B. Suitable chemical and scientific controls shall be provided for rodent and insect control. C. Drainage facilities or improvements shall be constructed to protect any ADJACENT adjacent rivers, streams or other bodies of water. 176 Sec 23-4-410. - Sec. 23-4-420. - G li h R•� d u (Repealed.) 9d 4 - ] . z» fay -ties (Repealed) Applicants for activities- rev-i-e-wec pursuant to Article II, Division 5 of this Chapter as MAJOR FACILITIES OF P9 ➢BUC4)—T4L-ITaES-shall have the burden —of —proof to demons-trate that there is a need -for the facility within the proposed are -a of servi-ee, and the Plsnn fled that a need e i-spas part -o -f- h e de -tar -2m h a t ,n-s-fo a n- Lich -perm -it Division 6 - Wind Generators and Permitting Requirements Sec. 23-4-450. - Wind generator standards. WIND GENERATORS are allowed in certain zone districts as either accessory uses ACCESSORY USES, as principal or ACCESSORY USES subject to Zoning Permit for--Wi-nd Se -Re -Pater 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 wind tower is measured from the surrounding ground to f1the hub of the generator: WI 1\ abDe-2303 D GENERATORS Lot Size (Gross Acres) Less than 2.49 Acres * 2.5 Acres - 4.99 Acres Accessory Use (Building Permit Rrrgruired only) Up to 40 feet and rotor diameter 12 feet or less Zoning Permit for WIND GENERATOR Up to 60 feet and below and rotor diameter of 14 feet or less 5 Acres and Above 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 Perm i t 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 tots LOTS less than 2.5 acres, the owner shall submit evidence to the Planning Department that the rind generator WIND GENERATOR can meet the set-b-aS SETBACKS f lises found in Subsection 23-4-450.D and E below. All WIND GENERATORS are subject to the following standards: Up to three (3) WIND GENERATORS per LEGAL LOT are allowed. More than three (3) WIND GENERATORS on a LEGAL LOT shall require the issuance of a Use by Special Review Permit, pursuant to the requirements of Article II, Division 4, of this Chapter, or the issuance of a 1041 Permit, pursuant to the requirements of Article III, Chapter 21, of this Code. WIND GENERATORS requiring the issuance of a Zoning Permit for WIND GENERATOR are subject to the application requirements of Section 23-4-460 of this Chapter. WIND GENERATORS requiring the issuance of a Use by Special Review Permit are subject to the application requirements of Section 23-2-260 of this Chapter. WIND GENERATORS requiring the issuance of a 1041 Permit are subject to the application requirements of Article III, Chapter 21, of this Code. 177 K. WIND GENERATORS generating power as a commercial 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. 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. Name, address and telephone number of the applicant. B. Name, address and telephone number of the owner of the land, if different from Subsection A. above. C. Parcel number and legal description of the property for which the application is made. D. Evidence of interest in the subject land held by the applicant. E. If proposing to interconnect to a utility company, copy of a "letter of intent to interconnect" or interconnection agreement signed by the utility company. F. Number of acres of the property. 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 ADJACENT properties, general land uses USES, zoning and roadways STREETS/ROADS: C. All WIND GENERATORS must shall be set back from property lines, public -rights of way PUBLIC RIGHTS -OF -WAY and access easements of a distance at of least one (1) times the height of the generator (as measured to the tip of the rotor blades). D. All WIND GENERATORS must 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 the any property boundary. F. WIND GENERATORS color. must shall be painted or coated a nonreflective white, grey or other neutral G. WIND GENERATORS ni- -s-t shall not be artificially illuminated, unless required by the Federal Aviation Administration (FAA). H. Electrical controls must shall be wireless or underground, and power lines r= u-st 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) Residential: Fifty (50) decibels. 2) Commercial: Fifty-five (55) decibels. 3) Light Industrial (I-1 Irdustria ): Sixty-five (65) decibels. 4) Industrial (1-2 and 1-3 Industrial): Seventy-five (75) decibels. J. WIND GENERATORS are subject to applicable Federal Aviation Administration (FAA) requirements and/or permits. STRUCTURES 1. Within five hundred (500) feet of the proposed wi ; genera -ter g,_..nera-ter WIND GENERATOR site. 178 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 genera-to-r(s) WIND GENERATOR(S) and other support structures STRUCTURES (guy wires), including distances from the property LOT lines, above- ground power lines and other STRUCTURES on the property. 2. Location and measurements of any easements or rights -of -way. 3 Amou f road fron-tee Jes. 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 COUNTY state or federal roads STREETS/ROADS or highways. 5. Existing STRUCTURES on the property. 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. 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 wind generator(s) 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. M. (Repealed) within fi 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. The applicant is in compliance with the criteria identified in this Chapter for the specific category of zoning permit for which application is being made. B. The Department of Planning Services has sent notice and 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-- erator WIND GENERATOR. If -opposed, the petition sha°' indicate that the surrounding property; owners who have signed the notification have o -b j-ectio n s to the ---issuance of a z -o -n i -g-p ecru i er-t-he-wi n d generator. sat thirty pent (30%) of generator vv4_n.d Sec. 23-4-475. e N S tification 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 179 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. DfivDso t1 n 7 - Temporary Seasonal Structurts Uses Sec. 23-4-5000 o Intent and applicability. A. The intent of the Temporary Seasonal Use TEMPORARY season USE procedure is to provide an administrative process for the regulation of seasonal uses USES and accessory strut w -r -es ACCESSORY STRUCTURES including fruit and vegetable stands, and those for the sale of fireworks or Christmas trees. Other similar temporary TEMPORARY seasonal uses 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. Sec. 23-4-510. - Dulles of Department of Planning Services. A. hall-s-u-bmi-t the application fee and -information required herein to -the Department -of Planning Services. 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. 180 B. After review and comment by the review agencies, the Department of Planning Services shall make final determination of approval or denial of the permit. Such determination shall be made based on its conformance with Chapter 22 of this Code and any other applicable Code provision or ordinance in effect, sound land use planning practices, comments received from agencies to which the proposal was referred and standards contained in this Chapter. 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 m-ee4i-ng 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. Sec. 23-4-520. o Applicati n requirements for temporary seasonaD use permit, The following supporting documentation shall be submitted as a part of the application: A. A TEMPORARY seasonal use USE permit application form provided by the Department of Planning Services. B. A copy of a deed or legal instrument identifying the applicant's interest in the property under consideration. C. A detailed description of the proposed USE, including the location of proposed parking areas or parking lots PARKING LOTS, and evidence that the USE meets the requirements of the zone district. D. Evidence that the USE shall have an adequate source of potable water. E. Evidence that the USE in the zone district 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. A completed Weld County Access Permit provided by the Department of Planning Services G. The number of employees associated with the USE. H. A generalized sketch map drawn on a sheet of paper eight and one-half (81/2) inches by eleven (11) inches. The sketch map shall be legible and include the following information: 1. The boundary of the property. 2. The boundary of the proposed USE. 3. A north arrow. 4. The location of all existing and proposed driveways and accesses associated with the lots PARKING LOTS oarkin 5. The names of any existing roads STREETS/ROADS or highways abutting the propos-ea property. 6. All existing structures STRUCTURES on the proposed property, located in proximity to hL propo°ed USE. 7. All easements or rights -of -way located on the proposed property. 8. The location of sewage disposal facilities. I The application fee. J. 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. 181 Divis on 8 - Second Single=Famoly Dwellongg in the A (AgrrDcuItural) Zone Ms Sec. 234=600. - Sec 2340610. - Sec. 23=4-020. Permit recM _ r nt (Repealed.) (RepeaDed0) ttority. (Repeated.) roet Sec. 23-4-630. Requhreme its for a second siingle$famoly dwelfong. 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 Code 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 Code 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. DovSoon 9 o Inscellaneus R-iulatins Sec. 23-4-700. M nufaa4-ham F (RepeaDed. Sec. 23=4=i10. - livestock feedoncg, performance sitandarrds. A. Anyone feeding LIVESTOCK shall be responsible to use best management practices. B. An operator shall be in violation of the following performance standards when: A complaint is received and verified by the Department of Public Health and Environment; and the Department of Public Health and Environment sends written notice to the operator requiring a plan and time line for correction to be submitted within a specified reasonable period of time; and the operator fails to respond to the written notice within the specified period of time; or the operator fails to implement the plan of correction within the proposed time line. 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 Confine Concentrated Animal Feeding Operation Control Regulations, which does not permit seepage or percolation of manure pollutants into the ground. 2. Suitable natural, sanitary, chemical and scientific controls shall be provided for rodent and insect control. 3. Equipment and areas on the property, such as feed bunks, feed bunk aprons, water tanks, feeding devices, manure piles, trash dumpsters, animal pens, feed mixing areas, STRUCTURES and other similar equipment and areas shall be constructed and maintained in a sanitary manner to prevent nuisance conditions. 4. Adequate mechanical means for scraping, grading and cleaning of the property shall be provided at all times. 5. Drainage facilities or improvements shall be constructed to protect any rivers, streams or other bodies of water from pollution. 182 6. All runoff retention and containment facilities shall meet and be maintained in accordance with the Colorado Department of Health's Gen -fined Concentrated Animal Feeding Operation Control Regulation (5 CCR 1002-2)-9 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. 7. Groundwater monitoring wells may be required to evaluate impacts on the ground water table. The number, placement, construction and monitoring of wells shall be at the direction of the Board of County Commissioners. 8. Uses on the property shall comply with the Colorado Air Quality Commission's air quality regulations. 9. All associated liquid and solid wastes shall be stored and removed for final disposal in a manner than protects against surface and groundwater contamination. 10. Fugitive dust shall be confined on the property. Dovosllon 10 - Antennas and Towers Sec 23-4-800. o Purpos rpos 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 Enhancing the ability to provide wireless services to County residents, businesses and visitors. B Simplifying and shortening the process for obtaining necessary permits for antennas and TELECOMMUNICATION ANTENNA TOWERS, while protecting the legitimate interests of County residents. C. Protecting the County's environmental resources and visual environment from the potentially adverse visual effects of antennas and TELECOMMUNICATION ANTENNA TOWERS through careful design and siting standards. D. Reducing the number of TELECOMMUNICATION ANTENNA TOWERS needed to serve the County by requiring TELECOMMUNICATION ANTENNAS to be placed on existing r Lint- -rte STRUCTURES wherever possible and requiring CO -LOCATION of telecommunication providers on existing and new TELECOMMUNICATION ANTENNA TOWERS. E. Using performance standards and incentives to promote location of TELECOMMUNICATION ANTENNAS on concealed t tru 4:ures STRUCTURES and existing bizti- 3118 s BUILDINGS and TELECOMMUNICATION ANTENNA TOWERS. Sec. 23-4 r•) c7 05. - Defenotoons. For the purposes of this Chat: Division 10, certain terms or words used herein shall be interpreted as defined in this Section 23-1-90. The following specific words and epkrases, when a-p-pea4i-ng C a ter -in upper -case -letters, shall-ha--e-the meanings stated in this -Section: CELL OA V/HEE network and wi-reless coy portable ru,�-ell ar-site that-p-ravides to tions where cellular coverage ni arc_ -C O -L O CA T19- --L- a c-,at4n g T E LE -G eq-u-i-pment-fGr- -ore-than one (1) provider on -singe structure. NONCOMMERCIAL TOWER : Any mast -e-: k e -ter- th n-fe ty 00) -feet eL and -permanently attached to the property. The NONCOMMERCIAL ° 'ER may include over -the -air high definition t -e e— 3&e-n--(-H-D-TV-) receotion, short wave radio, dtizens band-tdio, wireless irn example. C or other -wireless communications 183 , , ,. gAl-PIrA : An exterior transmitting or receiving li-ce telecommunications that radiates or cab -lures telecommunicatio TELECOMMUNICATION ANT -E smokestaok-pvivo ANTENNA TOWS -I na mounted on an existing Ibti4-1-elinEg, si over pole or a support structure other than a LECO! MU,N-I- j I-OI TEL Nl� �e N vn A, CONC A �n : An antenn-a with --up r stwc lice that screens resence of antennas anG/or—=_`COVVUN CAT -1 -ON , �;4-EN-Nk OWERS from next and surrounding —environment Ex pies of concealed antennas .not-dem-a-n -made trees, _ clock towers, flagpoles, light structure& -s fates and-s-imilar oject'a gETBA Ch : 1 h e- th ta-n e be e -a--,p ro pe rty� -Une a n '�--th-e fGe pri-nt of the antenna str�- re, in i-using antennas reflectors, c s an -d -e 3 er appu-r na ce- -TELECOMMUNICATI _-NT NNA TOWER : Any structure that is designed-const-uc4S p i-tea ri ly for th e n more a-n-te rf .ge,d, lattiee, r monepel—en �n�a ��r�T QN �n�T� I !; OWERS. This includes rad-io and el -o- i-e transpi-ss nT microwave, a -n -d -o` _ rs� l-com m u n ication c e- vicar C S ), e -I -1 -u -la r te-i�epho-rye, a S/or alternative TELECOMMUNICATION ANTENNA TOWI T h -is defin sloes--{ ol- e an -y- mature- r to l fora resinsen:la, noncommercia incivicua use, such amore!-evisto-n-anter,1-n-a- - s -a . -te dishes or amateur (I=� AN -T -EN- WERS- dio antennas, including, but not limited to Ae4A-A`-P RAC U TELECOM UNICATION-4N- NNA TOWER HEIGHT : The cista-n-c-efrom the- iniaished _ g r e -a T E ,-ECO -MC-A-T I O \. -. =a ; -, OWE R base to the highest point of the Tl L1 -CQT , N I _ ATI-ON. ANT -EN N Ov- I -I —T -E COMMUNICATION ANTENNA TOWER hej h44nG , s-th-e- • se-- o� tin -g strut e -an neLantennas but a) -,E CO M 0 -I -V FACILITIES : Include =EGO- NA -M -L -N I Cdr FO N ANTENNAS; TEL —EC O MMJJ- , CATION AN -T -E -N -N A S , ATTAC E D ; T E L E C O-M-MJM-CAT4Q N ANA ! N -N —AS ; CONCEAL 'E D ; and T E LE C--O-M1 U NI- -T I NL A k -TEEN-NA TOWER 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. CO -LOCATION on existing TELECOMMUNICATION ANTENNA TOWERS. B. TELECOMMUNICATION ANTENNA, ATTACHED. C. TELECOMMUNICATION ANTENNA, CONCEALED. D. TELECOMMUNICATION ANTENNA TOWER. New TELECOMMUNICATION ANTENNAS 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 USE of more preferred facilities and that the applicant's desired geographic area cannot be served by using more preferred facilities. shall Sec. 23-4-820. - GeneraD quirements. A. TELECOMMUNICATION FACILITIES on Residential Properties. TELECOMMUNICATION FACILITIES may not be placed on properties or b•u -i-ngs BUILDINGS used primarily for residential purposes. This does not apply to bui-ldin- s BUILDINGS containing eight (8) or more DWELLING UNITS or farms and ranches containing u-rmelling units DWELLING UNITS. B. TELECOMMUNICATION FACILITIES are allowed as a use USE by right or ACCESSORY USE (Repealed) T on a property as follows: accessory use ANTENNA, CONCEALED are permitted by adminTstra vz eview in all zone districts. 184 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 residential USES) 3. TELECOMMUNICATION ANTENNA TOWERS are permitted either as a use USE by right, aoce o- g use ACCESSORY USE, zoning permit, or Use by Special Review in the following zone districts: C, I, A and PUD (with mmeroi-al-or Indu-str-eoL-uses COMMERCIAL or industrial USES). C. A-ccessor�uses ACCESSORY USES to a TELECOMMUNICATION ANTENNA AND TELECOMMUNICATION ANTENNA TOWER shall not include 9. -f -ices OFFICES, broadcast studios, long-term vehicle storage or other ouzo -storage OUTDOOR STORAGE, or other uses USES not needed to send, receive or relay transmissions. Seca 23-4430° o Standar 4 s for Telecommunication Antenna Towers. A. TELECOMMUNICATION ANTENNA TOWERS are allowed as a-ii-s7e 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 STRUCTURES and panel antennas, but excludes lightning rods and whip antennas. ac 0e f~/ li5 Use by Right or ccessory Use Up to 35 feet in height Table -23A TELECOMMUNICATIONS ANTENNA TOWERS Zoning Permit for TELECO ,, !MU IC PONS ANTENNA T WE'' > 35 feet up to 70 feet in height Use by Special Review Permit approval require 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. must 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. Existing or approved TELECOMMUNICATION ANTENNA TOWERS cannot accommodate the telecommunications equipment planned for the proposed TELECOMMUNICATION ANTENNA TOWER. 2. The TELECOMMUNICATION ANTENNA TOWER shall not constitute a hazard to aircraft. 3. The TELECOMMUNICATION ANTENNA TOWER shall be placed on the property to contain on site all ice -fall or debris from TELECOMMUNICATION ANTENNA TOWER failure. 4. The proposed TELECOMMUNICATION ANTENNA TOWER shall be designed and provide for CO -LOCATION. The applicant may provide written justification and evidence why CO - LOCATION is not possible. The Board of County Commissioners may revoke permits or other 185 administrative approvals if conditions for approval of a TELECOMMUNICATION ANTENNA TOWER includes CO -LOCATION, but: a. The TELECOMMUNICATION ANTENNA TOWER owner is not willing to provide space for other carriers at a fair market rate when it would not impair the structural integrity of the TELECOMMUNICATION ANTENNA TOWER or cause interference. b. The TELECOMMUNICATION ANTENNA TOWER ownor modifies the structure STRUCTURE in a way to make CO -LOCATION impractical or impossible. c. If approval is revoked, the facility must shall be removed at the owner's expense. 5. The TELECOMMUNICATION ANTENNA TOWER shall have the least practicable adverse visual impact on the environment. 6 The proposed TELECOMMUNICATION ANTENNA TOWER shall not emit radiation that will adversely affect human health. 7 The proposed TELECOMMUNICATION ANTENNA TOWER shall be the minimum height needed to accommodate the TELECOMMUNICATION ANTENNA. 8. The proposed TELECOMMUNICATION ANTENNA TOWER shall comply with all applicable federal and State regulations. 9. The design of the proposed TELECOMMUNICATION ANTENNA TOWER shall insure structural integrity. 10. The proposed TELECOMMUNICATION ANTENNA TOWER shall have adequate measures to discourage unauthorized climbing and to insure the security thereof. 11. All reasonably possible sites for the TELECOMMUNICATION ANTENNA TOWER have been considered, and the proposed site is the most appropriate, available site from a land use perspective. 12. The proposed TELECOMMUNICATION ANTENNA TOWER shall not adversely impact wildlife. 13. A Decommissioning Plan. Adequate financial assurance to cover the decommissioning of the facility may be required as a condition of approval of the Decommissioning Plan. D. TELECOMMUNICATION ANTENNA TOWER and Equipment Setbacks SETBACKS and OFFSETS. 1 TELECOMMUNICATION ANTENNAS, ATTACHED and other appurtenances may encroach up to two (2) feet into the minimum building BUILDING setbacks SETBACKS and OFFSETS in the underlying zoning district UNDERLYING ZONING DISTRICT but must shall not extend over property LO lines. 2. Minimum setbacks SETBACKS and OFFSETS for TELECOMMUNICATION ANTENNAS, CONCEALED are the same as the minimum building BUILDING setbacks SETBACKS and OFFSETS in the underlying z0n4tig41str-ict UNDERLYING ZONING DISTRICT. 3. Minimum setbacks SETBACKS and OFFSETS for TELECOMMUNICATION ANTENNA TOWERS are as follows: a. From property LOT lines of properties in the Al C, I and PUD (with Commercial or Industrial uses COMMERCIAL or industrial USES) zones: one hundred percent (100%) of the TELECOMMUNICATION ANTENNA TOWER HEIGHT but not less than minimum building setbacks SETBACKS and offsets OFFSETS in the underlying zone district UNDERLYING ZONING DISTRIC�f b. From subdivision exemption boundaries for temporary use non -permanent USE of a parcel for Telecommunication Antenna Tower Facilities in the Al C, I and PUD (with Commercia' or Industrial uses COMMERCIAL or industrial USES) zones: one hundred percent (100%) of the TELECOMMUNICATION ANTENNA TOWER HEIGHT but not less than minimum building offsets SETBACKS and OFFSETS in the unoer4 -;ng zone district UNDERLYING 186 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 s n may provide stamped documentation from an engineer licensed to practice in the state demonstrating that the tower and debris will would fall completely within the ooundary of the subdivision exemption. 4 Guy wires and equipment -b- i-I-di•n s BUILDINGS and cabinets. No part of the l _ ELECMMUNICATI?N ANTENNA TOWER system, including any guy wire anchors, shall extend closer to the property boundary than minimum build- BUILDING setbacks SETBACKS and offsets OFFSETS in the underlying zone- -i- ri-mot UNDERLYING ZONING DISTRICT. E. Equipment Design. 1. A TELECOMMUNICATION ANTENNA ATTACH. _ D on a roof may extend up to fifteen (15) 'eet over the height f the •bu--i-ld-h-ng BUILDING or structure STRUCTURE and may exceed the underlying —zoning district UNDERLYING ZONING DISTRICT height limitation. LECOMMUNICATIO-\ ANTENNAS, ATTACHED mounted on a building BUILDING or to G u Fe STRUCTURE wall must shall be as flush to the wall as technically possible, and Wit, -s -t shall not project above the top of the wall, and must be Icated, painted and/or screened to be architecturally and visually compatible with the b ld[ng wall to which it is attached t4-. 2. I EaECOMMtJ CAT 0N ANTENNA T EWERS should be painted or coated in earth -tone colors that blend, to the extent possible, with the surrounding la BUILDING and natural environment, unless State or federal regulations reouire specific colrs. 3 TELEC•MML,NICATIIN ANTE\NA TOWERS cr-ds1 shall not be artificially lighted unless required by the FAA or other State or federal agency. Security lighting on the site may be mounted uo to twenty (20) feet high and must shall be directed toward the ground to reduce light poi ution, prevent offsite light spillage and avoid illuminating the TELL COIVIMJNICA1ION ANTENNA TOWER. 4 frquipmenBUIDLINGS °: shall be cmpatible with the architectural style athe surrounding bu-I-g} BUILDING environment with consideration given to exterior materials, roof form, scale, mass, color, texture and character. Equipment buildinna-s BUILDINGS must shall be constructed with materials that are eo ual to or better than the materials of the pr-inGi-pa-l—Use . Equipment cabinets must shall be located, painted and/or screened to be architecturally ano visually compatible with the surrounding building BUILDING and natural PRINCIPAL BUILDING environment. 5. The maximum permissible noise level shall ao here to the maximum permissible noise levels allowed in the . Pde lying--ze-nre a-isth t UNDERLYING ZONING DISTRICT as delineated in Chapter 14, Article IX of this Code. 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 f processing a Zoning Permit for a Telecommunication Antenna Tower Cacility or Use oy Special Review Permit, SCREENING and landscaping appropriate to the context of the site and in harmony with tho character of the surrounding environment may be installed when any part of the facility is visible from PUBLIC R g:ts-of--way RIGHTS -OF -WAY or adjacent ADJACENT properties. seareening 2 existing vegetation and grades on the site should be improved or preserved to the extent possible. 3. Signage at the site is limitcd to nonilluminated warning and equipment IDENTIFICATION SIGNS. -his does not apply to concealed antennas incorporator fstaaeli si-gn-s FREESTANDING SIGNS. A identification signs into TELECOMMUNICATION ANTENNA FACILI IES, except those in the C and I zones, must not include manned offices, long-term vehicle storage or other outdoor storage, or other uses not needed to send, receive or relay transmissions. 187 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 USE or revoke the use 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 USE by Bright or Use by Special Review. Upon the determination that the use 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. 1 Removal of abandoned TELECOMMUNICATION ANTENNA TOWERS shall be addressed in all lease agreements and shall specifically address the duties and obligations of the lessee and its assigns as well as the property owner regarding the removal of TELECOMMUNICATION ANTENNA TOW _ RS deemed by the County to be abandoned. 2. If required by the Director of Planning Services or the Board of County Commissioners, the applicant or owner shall submit an Improvements Agreement agreeing to remove the improvements as shown in the application, plans, plat 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 of County Commissioners prior to commencement of operations, as applicable. Sec. 23=444O Supplemental Use by Special Review Perrot application requirements for r&ecomm nocnon 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 —ELECOMMUNICATION FACILITIES, and additions or modifications to existing facilities, must include the following: shall 1. A Site Plan showing the location and legal description of the site; on -site land uses USES and zoning; adjacent roadways STREETS/ROADS; parking and access; areas of vegetation and landscaping to be added, retained, replaced or removed; setbat SETBACKS from property lines; and the location of the TELECOMMUNICATION FACILITY, including all related improvements, building -s BUILDINGS and equipment. 2. A vicinity map showing adjacent properties, general land -use USES, zoning and roadways S _ U RESTS/ROADS: a. Within one hundred (100) feet of a proposed attached antenna site. b. Within a distance of one (1) mile of a proposed TELECOMMUNICATION ANTENNAS, CONCEALED, temporary TELECOMMUNICATION ANTENNA TOWER or micro -cell TELECOMMUNICATION ANTENNA TOWER site. ADJACENT c. Within a distance of one (1) mile of a proposed TELECOMMUNICATION ANTENNA TOWER site 3. Elevation drawings of the proposed TELECOMMUNICATION FACILITY showing all TELL _ COMMUNICATION ANTENNAS, TELECOMMUNICATION ANTENNA TOWERS, structures STRUCTURES, equipment buildings BUILDINGS and cabinets, fencing, screening SCREENING, landscaping, lighting and other improvements related to the facility, showing specific materials, placement and colors. 4. If required by the Department of Planning Services, photo -realistic renderings (photosyms) of the site after construction, demonstrating the true impact of the TELECOMMUNICATION FACILITY on the surrounding visual environment. The Department of Planning Services may request photo - realistic renderings of the site from specific vantage points. 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 188 and its role in the network; and the capacity of the , including the number and type of antennas it can accommodate. The FAA response to the Notice of Proposed Construction or Alteration (FAA Form 7460-1 or st-r--re STRUCTURE equivalent), if the facility is located near an airport AIRPORT or a flight path. 7. If landscaping/s- re-en-i -7 °- SCREENING is required by the Department of Planning Services the applicant is responsible for landscaping, screening SCREENING, site maintenance and the replacement of dead plant material. 8. A schedule for the installation of landscaping and screening, if applicable. 9. A letter of intent to allow CO -LOCATION on the TELECOMMUNICATION ANTENNA TOWER. The applicant may provide written justification and evidence why co -location is not possible. 10. A letter of intent or lease agreement statement which addresses removal of the facility at the expense of the TELECOMMUNICATION FACILITY and/or property owner if it is deemed abandoned. The applicant or owner may also be required to submit an Improvements Agreement agreeing to remove the improvements as shown in the application, plans, plat and other supporting documents. The agreement shall be made in conformance with the County policy regarding collateral for improvements and shall be approved by the Board of County Commissioners prior to commencement of operations, as applicable. The Department of Planning Services may request additional copies of any submittal item for review by other agencies. 11. A map indicating the service area/radius of the proposed TELECOMMUNICATION ANTENNA TOVVER in addition to the service area/radius of other existing TELECOMMUNICATION ANTENNA TOWERS within ten (10) miles of the proposed TELECOMMUNICATION ANTENNA TOWER location. B. TELECOMMUNICATION FACILITY Inventory. The first application for a proposed TELECOMMUNICATION FACILITY by a provider must 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. 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. Name, address and telephone number of the applicant. B. Name, address and telephone number of the owner of the land, if different from Paragraph A above. C. Parcel number and legal description of the property for which the application is made. D. Evidence of interest in the subject land held by the applicant. E. Number of acres of the property. F. Elevation drawings of the proposed TELECOMMUNICATION FACILITY showing all TELECOMMUNICATION ANTENNA TOWERS, structures STRUCTURES and other improvements related to the TELECOMMUNICATION FACILITY, showing specific materials, placement and colors. G. Weld County Access Permit. H. A vicinity map showing acfaa ADJACENT properties, general land uses USES, zoning and -roadways STREETS/ROADS: 1. Within five hundred (500) feet of the proposed Antenna TELECOMMUNICATION ANTENNA TOWER site. I A sketch plan of the site at the scale of one (1) inch represents fifty (50) feet, or other suitable scale, to show: 189 1 The proposed location of the TELECOMMUNICATION ANTENNA TOWERS and other support stPuares STRUCTURES (guy wires), including distances from the property LOT lines, above- ground power lines and other STRUCTURES on the property. 2. Location and measurements of any easements or rights -of -way. 3. Amount of road frontages. 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 Co ua }* COUNTY State or federal .reads STREETS/ROADS or highways. 5. Existing STRUCTURES on the property. 6. A site detail of TELECOMMUNICATION ANTENNA TOWER and encumbrances/ support structures STRUCTURES J. If required by the Department of Planning Services, photo -realistic renderings (photosyms) of the site after construction, demonstrating the true impact of the TELECOMMUNICATION FACILITY on the surrounding visual environment. The Department of Planning Services may request photo -realistic renderings of the site from specific vantage points. 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 STRUCTURE, including the number and type of antennas it can accommodate. 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 AIRPORT or a flight path. M. A schedule for the installation of landscaping and g 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. A letter of intent to allow CO -LOCATION on the TELECOMMUNICATION ANTENNA TOWER. The applicant may provide written justification and evidence why co -location is not possible. P. A letter of intent or lease agreement statement which addresses removal of the facility at the expense of the TELECOMMUNICATION FACILITY and/or property owner if it is deemed abandoned. The applicant or owner may also be required to submit an Improvements Agreement agreeing to remove the improvements as shown in the application, plans, plat and other supporting documents. The agreement shall be made in conformance with the County policy regarding collateral for improvements and shall be approved by the Board of County Commissioners prior to commencement of operation, as applicable. The Department of Planning Services may request additional copies of any submittal item for review by other agencies. 0. A map indicating the service area/radius of the proposed TELECOMMUNICATION ANTENNA TOWER in addition to the service area/radius of other existing TELECOMMUNICATION ANTENNA TOWERS within ten (10) miles of the proposed TELECOMMUNICATION ANTENNA TOWER location. TELECOMMUNICATION FACILITY Inventory. The first application for a proposed TELECOMMUNICATION FACILITY by a provider must 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 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 TELECOMMUNICATION ANTENNA TOWER shall be 190 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 U. A letter of intent or lease agreement statement which addresses removal of the TELECOMMUNICATION FACILITY at the expense of the TELECOMMUNICATION FACILITY and/or property owner if it is deemed abandoned. The applicant or owner may also be required to submit an Improvements Agreement agreeing to remove the improvements as shown in the application, plans, plat and other supporting documents. The agreement shall be made in conformance with the County policy regarding collateral for improvements and shall be approved by the Board of County Commissioners prior to commencement of operations, as applicable. The Department of Planning Services may request additional copies of any submittal item for review by other agencies. V. The names and addresses of any owner, operator, or user of any irrigation ditch, lateral, or pipeline that traverses the property. Sec 23=4=292. - Addotoon of EquUpment n Fxfistfi ` _ eMecommimocatoon Tower Facm Ueso J A. Addition of equipment onto existing FACIL TIES (including existing nonconforming antenna tower facilities) shall not require a new or amended Use by Special Review Permit, Site Plan Review or Zoning Permit for —a _ Teissemrn-uniaation. aPf-Arne— -i2€C OW€+ if the tow rteh4 TELECOMMUNICATION ANTENNA TOWER HEIGH _ I remains unchanged, the coverage area and communication reception for existing facilities are not impacted, and the area occupied by the Telecommunications toter TELECOMMUNICATIONS ANTENNA and accessory equipment does not expand. Tete-G-0-1W111-114Cati-o-in cU o Xii tom. r tai e s TELECOMMUNICATION TOWER B. Other additions of equipment onto existing TELECOMMUNICATION FACILITIES (including existing nonconforming antenna tower facilities) that extend the tower height TELECOMMUNICATION ANTENNA TOWER HEIGHT and/or expand the area occupied by the tavvel: 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) 4— cequ- --ed or a new Zoning Permit TeDecommunica-tiara--Ante-n,-pra I -owe• Faci *EZ-PT ) will be required. -of, lm m u n i tie , Tower Sec. 234494. - Subdovosion Exemptfions for Changes to C fisting Facfffi eso f eDecommt nic 'don Tower fay a A. A new or amended Subdivision Exemption is not required if not expanding ground area of the T --et mn nic -o -PG er TELECOMMUNICATIONS ANTENNA OWER site or if not extending the h- ower TELECOMMUNICATIO". 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. Sec. 23-4495 o Requorenents for Norco•mmerciaD owerrs NONCOMMERCIAL TOWERS shall be subject to the following requirements: A. NONCOMMERCIAL TOWERS shall be permitted in all zone districts. See Appendix 23-F for requirements in zone districts. 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 4 SETBACK requirements for u cc,c s'a—r-y ru_ctures ACCESSORY STRUCTURES for the zone district in which the tower is located. This provision shall not apply to the tower itself. C. NONCOMMERCIAL TOWERS must shall be set back from any existing or planned overhead transmission lines a distance greater than the height of the tower. 191 D. No NONCOMMERCIAL TOWER may exceed the height as measured from the ground at a point directly beneath the apex of the NONCOMMERCIAL TOWER, per the specific zone district, without a Zoning Permit for a NONCOMMERCIAL TOWER (ZPNCT) or Use by Special Review Permit approved by the Board of County Commissioners. E. No NONCOMMERCIAL TOWER may exceed the number as a use 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 11 more of the following areas, the NONCOMMERCIAL TOWER is subject to additional review and approval by the appropriate agency: 1. Within two (2) Two miles from of any military installation. 2. Within the A -P (Airport) Zoning Overlay District described in Division 1, Article V, of this code 3. Within the Geologic --4azarc Development areas GEOLOGIC HAZARD AREAS as defined by Section 23-1-90 of tie this Code. 4. No facilities will be permitted within: a. Historic sites. b. Wetlands. c. All floodways FLOODWAYS , as defined by Section 23-190 of this Code. G. Prior to the issuance of a land use permit for any NONCOMMERCIAL TOWER, the applicant shall provide the following: 1. A completed land use application form and a Building Permit application form. 2. A description of the proposed tower, including its height and method of construction. 3. A scaled Site Plan drawing of the subject property, showing all property lines, the location of all existing t JGtuP s STRUCTURES, and the proposed location of the tower, including the location of cables, guy wires or other structural supports. 4. The applicant is to 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 STRUCTURE were is located within an estab!ished the A -P (Airport) Zoning Overlay District. Towers farther than twenty thousand (20,000) feet to the nearest point of the nearest runway of any AIRPORT for both public air air -lit are automatically exempt from any review. Other exemptions are based on tower distance, tower height, ground height and buildings BUILDINGS between the tower and the ai-r-pmt AIRPORT, and length of airport AIRPORT runway. The application fee. 6. 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. Seca 23-4496. Cell on Wheefis (COIN). Any CELL ON WHEELS (COW) facility must 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. 192 Divisi n i i - Semi -Trailers as Accessory Storage Sec. 23-4-900. - Intent and applicability. One (1 I e--e-n-lots in an -approved or recorded s -u -ihh ision plat, or LOT -S which are part of a map or plan filed per to the adoption of any—regu-lations controlling permitted through issuance of Permit fora for accessory which are part recorded su o-ivision plat, or LOTS t e adoption of any- latinner controlling subdivisions in ral) Zone Di -strict. Additional semi trailers used as accessory storage may be allowed on various other lot sizes a-nd types as described in u-b-seci i r). Where a SEMI -TRAILER as ACCESSORY storage is permitted in Article III of this Chapter upon issuance of a zoning permit, the permit may be issued by the Department of Planning Services upon a determination that: 1. No utility other than electricity shall be connected to the SEMI -TRAILER. 2. The SEMI -TRAILER will not be USED on any basis for anything other than storage of goods. 3. The property upon which the SEMI -TRAILER is located is a LEGAL LOT. No structural component of the SEMI -TRAILER if it would result in the SEMI -TRAILER being u nmovable. 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 o r rodents. Any such SEMI -TRAILER shall be restored to and maintained in the original condition u pon being placed on the site or shall be removed from the site. 6. The SEMI -TRAILER shall be removed from the property upon cessation of such USE. 7. The SEMI -TRAILER shall not in any manner be USED to display SIGNS. 8. The SEMI -TRAILER is compatible with the surrounding area. 9. The SEMI -TRAILER has current registration and license plates. 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. 7o-Rin-g Perm-i-t for a Semi -Trailer as -Accessory Storage may be -permitted for the purpose of stori-ng-a-g ieu-l-tural goods and nonagricultural goods inside the unit that: 1. Electricity is the only utility which will be co 2. The semi -trailer used for acrnet-be--used on any basis as a-DWE overni-g-ht or-temporan using for any person. LING oras - 3 The property r used for accessory storms is located is a LEGAL -L -O -T. 4. No structural compone thereby cessory storage- N 5. The semi trailer used for accessory storage will -net _ be —allowed —to de-feriecat h to a state —of disrepair. Such disrepairwould include, but not be Iimited4-e, a semi -trailer for accessory stecage 193 ,--waged y i ire, ', i-i- d or otna- :°-; F -^cam -es, or a semi t9 aale a- _ stot-e-o f e er-a9-d 9 d, d fe sora� i ar cie a --y rest -Ming! from ---a I ek-e-f. mai- -te-n neeT van p U s '.'` r i n -, s to 4° _ n ' h e it y' n i-n or i R ' c -h- S t�-i F i e -.''.ha be Q e s toc �- -t-e-rti .�.. u v a S -o e a ..<- �- uk e ( �p, s u �,,. �e � a. �. e p�p yry 0 4 cii ,� G p , ; p� [ A ��e .�'-'A •'� u �% h (� ggg� ��[r�� s Lo r� -� ,�.�p[ 'q " .'� �. e o '° Pa �'a r� P "�S�y p, d from {s �,^ the �'Y "fit oa 4 a" aT i—L7 av Z...:4`L iu 3b.-i k>Hs -daa, aj�i''o6 t Vim y >L �1 t u - i-te �3r sh-3111 , 8u 4 joV.�e`v, e: a J 6 Th-e-se -4 fr-a 1e--used--f-e m s -s ry •-e-wi I I be remove 4ro-v-the p-ropy--upo essafi o n of -s-u-c h USE. . The se m k^traf ie r used -Tr -G. acGes-s -'r stage w —t -a-n. er be used to d!sp-. V,f s!tkadj7 G 1 s4 8. The semi. tr-a-itar U ec aceesse _ ry S re-i - -p ati b-Ie w-i -- � . s ° -r-ro -n d i n g area. Sec. 234-910. Semi-tralier as accessory stork: ge perm t regvorementso An application for a Zoning Permit for a ACCESSORY storage shall include the following: A. Name, address and telephone number of the applicant. B. Name, address and telephone number of the owner of the land if different from Subsection A above. C. Parcel number and legal description of the property for which the application is made. D. Evidence of interest in the subject land held by the applicant. E. Repealed. F. Number of acres of the property. G. Evidence that the send-wui- = SEMI -TRAILER is currently licensed. H. Weld County Access Permit. 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 , including distances from the property Semi ii --as Accessory S-torare. SEMI -TRAILER as s mi-4 a; SEMI -TRAILER LOT lines and other STRUCTURES on the property. 2. Access to the seiti-aile-r SEMI -TRAILER, including distances from the property LOT lines and other STRUCTURES on the property. 3. Location and measurements of any easements or rights -of -way. 4. Ame-u of-roa -- e) •1 -ape -S. 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 0o u -n- y COUNTY , state or federal STREETS/ROADS or highways. 6. Existing STRUCTURES on the property. 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 s -e mi---4aiar 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. 194 (Repealed) -Tti4. zoni g per h -all not be trans-fe-r-ab-e by the applicant an-d/or owner —to any success e -Bening -per- t -s -h -a -I -I --terminate automatically upon conveyance or lease of the property. Sec. 23-4-920. = Reff ei ra! process. Upon determination that the application submittal is complete, the Department of Planning Services shall: A. Refer the application to applicable referral agencies listed in Appendix 23-G, as determined by the Department of Planning Services for review -and comment. Ager ins can include-th-e---Depa-4finent of Put'& works ari -; ,s -deemed ne- ar Me agencies shall respond within t ne---2-1-) oays after the snail ng-e-f the aa COUNTY. 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 refrcat REFERRAL agency are recommendations to the COUNTY. B. Send a request for comment in support or opposition regarding the Zoning Permit for a accessory 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 ay 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. Sec. 234-930. o D Seg f oon of auahorotye se-m-i-trai-Fer as A. The Board of County Commissioners delegates the authority to issue a zoning permit for a SEMI -TRAILER which otherwise requires the approval of the Board of County Commissioners through a public hearing process to the Department of Planning Services upon a determination by the Department that: 1. The applicant is in compliance with the criteria identified in this Chapter for the specific category :•f z:.ning permit for which application is being made. 2. The Department of Planning Services has sent notice and has not received signed notification of at least thirty percent (30%) of surrounding property owners within five hundred (500) feet of the subject property in opposition to the location of the �- r-ai1& SEMI -TRAILER. If opposed, the petition shall indicate that the surrounding property owners who have signed the notification have objections to the issuance of a zoning permit for the sere -=Fier SEMI -TRAILER. 8-em4-4railer 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 mee=g hearing shall be scheduled with the goard 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. 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-trafl-accessory 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. 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. 195 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 that one (1) se-m-ktr it r as as -cease -Ps! 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 T a 9-of-County-Commiss n-e-rs shall consider any testimony of sum ing property o neJrs concerning the effects of the semi- teaile- -accessory storage on the su- u- ,-d-i-nng properties a 1 s—compianee with e-cBtena set out in ths---ction. 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 Sec. 23-4-950. - Intent and applicability. A. Raising anc-ope atie� no (1) COMMERCIAL VEHICLE-ccey-p -m3 tod on lots in an approved or recorded suhdi on -pia; --o TS which are -p t of a m p oc-plan Net, r'er~to the adoptio-nny eg-u I a- s confl g -s' -d-iv -s ien s in the A (Ag ricu l t u-ra l) Zone D i stria. a n --1E Through is a -nom= -a -Co e e• e Permit. 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. The application complies with this Division 12. B. (Repealed) When required, a Zoning --Permit for a Commercial Vehicle may be permitted —upon a determination that 1. he property upon - ,h ch-the _ COMMERfl-CLE is tec-ate is -a -L � LO The COMMER-C--I;-CHICLE property upon cessethon--cif-s sh U I) Th-e COMMERCIAL VEHICLE is compatible with the surrounding area. Sec. 23-4-960. o Commercial vehicle permit requirements. An application for any Zoning Permit for a this Division shall include the following: A. Name, address and telephone number of the applicant. Commercial Vehicle COMMERCIAL VEHICLE required by 196 B. Name, address and telephone number of the owner of the land if different from Subsection A above. C. Evidence of interest in the subject land held by the applicant, such as a deed, lease agreement or similar evidence. D. A legal description of the property for which the application is made. E. Number of acres of the property. 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 chicle COMMERCIAL VEHICLE, distances from the property LOT lines and other STRUCTURES on the property. including 2. Access to be utilized by the commercial -vehicle cic COMMERCIAL VEHICLE indicating whether the access is existing or proposed. 3. Location and measurements of any easements or rights -of -way. 4. Weld County Access Permit. 5. Identification of any county COUNTY, state or federal or highways. 6. Existing STRUCTURES on the property. G. An application fee. 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 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. D. This zoning permit shall not be transferable by the applicant and/or owner to any successor; the zoning permit shall terminate automatically upon conveyance or lease of the property. J. The COMMERCIAL VEHICLE shall be required to maintain current registration and license plates. Sec. 234-970. o Referral process. Upon determination that the application submittal is complete, the Department of Planning Services shall STREETS/ROADS A Refer the application to applicable referral agencies listed in Appendix 23-G, as determined by the Department of Planning Services for review and comment. Agencies can include the Department of Public Works and any ;-e-aerencies sral -res-p n� ,n�i+hin t4wenty one (21) days after the mailing of the a lic-at+on-b he-COLINTY. The failure of any agency to respond within twenty-one (21) days may be deemed to be a favorable response. The reviews and comments soliciteo 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 COMM zRCIAL VEHICLE 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. REFERRAL 197 Secs 23-4-980. ge j soot of aitthorKy. A. The Board of County Commissioners delegates the authority to issue a zoning permit for a vehicle COMMERCIAL VEHICLE which otherwise requires the approval of the Board of County Commissioners through a public hearing process to the Department of Planning Services upon a determination by the Department that: 1. The applicant is in compliance with the criteria identified in this Chapter for the specific category of zoning permit for which application is being made. 2. The Department of Planning Services has sent notice and has not received signed notification from at least thirty percent (30%) of surrounding property owners within five hundred (500) feet of the subject property in opposition to the location of the commercial vehicle COMMERCIAL VEHICLE. If opposed, the petition shall indicate that the surrounding property owners who have signed the notification have objections to the issuance of a zoning permit for the vehicle COMMERCIAL VEHICLE. commercial commerciaF 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 meeting 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. 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 that c ;'e; _ c- oia& eh -ode 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. hall consider-att rr-oundkng property owners E L V EH -I: -C L �t out in this Secrn. 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. F t 198 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. ovSoon 13 Home Occupation —Cam-F Permits Sec. 23-4-990. o Home Occupation - Class II permit requirements. A. Intent. A HOME OCCUPATION - ,_„LASS II Zoning Permit shall be obtained for any HOME OCCUPATION falling within the definition of a HOME OCCUPATION CLASS II 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. Name, address and telephone number of the applicant. 2. Name, address and telephone number of the owner of the land if different from applicant Paragraph 1 above 3. A copy of the most recent deed to the property and, if the applicant is not the property owner, eEvidence of interest in the subject land held by the applicant, such as a deed, lease agreement or similar evidence. 4. (Repealed) under^ consideration. 5. Number of acres of the property. 6. nt identifying the applic-a t t n he property The application for a HOME OCCUPATION — CLASS II shall include a 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 the any commercial-vehade COMMERICAL 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, by the commerGia1-vehic if-appIi a indicating whether the access is existing or proposed. c. Location and measurements of any easements or rights -of -way. d. (Repealed). A-A/Veld County Access Permit. e. Identification of any County COUNTY ,state or federal rocids STREETS/ROADS or highways. f. Existing STRUCTURES on the property. Ith1t; g. The STRUCTURES in which the HOME OCCUPATION shall be operated shall be appropriately labeled. The total area of use USE shall also be delineated. 7. An application fee. 8. The rem nis of this Division require- thpaant-to provide 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 The application for a HOME 199 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 SUBDIVISION regulated by a Homeowners Association (HOA). If applicable, contact information shall be provided. 10. Acknowledgement that this zoning permit shall not be transferable by the applicant and/or owner to any successor; the zoning permit shall terminate automatically upon conveyance or lease of the property. 11. Evidence that a water supply of sufficient quality, quantity and dependability will be/is available to serve the proposed k4 LOT and {-51-c--P. 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 proposed lots- II -id --have property has or will have adequate means for the disposal of sewage in compliance with the requirements of the -d- dl i-n-g--z&nns UNDERLYING ZONE DISTRICT and the Department of Public Health and Environment, if applicable. An existing septic system permit or a copy of a letter from a sanitation sewer district indicating existing service or availability of sewage disposal to each proposed Tot [01 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 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 OCCUPATION zoning permit. 1 The ,Bcard-ot-Coy-nt-y-Commissioners dole t o ruthority a , sponsibili f- c -p essing and ap e °i-n-g the zoning e -apartment of=Pianning Sewi-ces. The -Department -of Planning SeRLces _ s -h -all also have— h sponsibility P ensuring that a-l1--ap t-- s-u--brittal are met --p ief o i-nitiating- y official a t on- Once a car-Vete—application 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. send the appi-icalii-G-1 _ to referal agencies fe wv and comment, if a p pl ica b e. The -agencies s! r ,tae -n - i#h-i-n—W r-ty--e-ig-b tit (2- }--d >ys after the a -op- cation -ice --mailed. The failure of any agency to respond within twenty-eight (28) days may be deemed a favorable response. All cef n=a-i REFERRAL agency review comments are considered recommendations to the County COUNTY. The authority and responsibility for approval and denial of a zoning permit rests with the unty COUNTY. 2 The D pa tm nt-of P n-i-ng Services shall Fe - ha w - h T .,-ie uv the Department of Planning Sawi -s or the Be d -off - aun y _ Com s -c f Cs deems nooe € Fy. 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. property fora CLASS II HOME 3. The Dspa4m-esent notice and has not reo-ei s d signed------n:o#ftGat e from -at-Feast thirty percent (30% ty owners within give an-un-d-Fack(-50-0) of the stA fan of the corn4 o :a t e �h 11 ink t a the surrounding property owners who have s1gne4-the n -► cati n --lam objections to the issuance -e rm-ire for the Home Occupation- 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 200 application does not meet all applicable criteria and requirements, the zoning permit shall be denied by the Department of Planning Services. 4. The n-ty---Pinner shall p-repaee—a permitag eem with sixty (60) days of receipt of a corn p -e-a p -p, -t-ien . T l e e m a1 eernenc a l l address a!!-as p-ei bu-----not to -comments - ecei .red from _ -agencies to which th ,-‘..esa-i Las-refe and the standards contained in4h-i -Ar4 e. 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 public hearing shall be scheduled before the Board of County Commissioners and staff shall send notice, mailed first-class, to the applicant and owners of LOTS within five hundred (500) feet of the subject property at least ten (10) days prior to the hearing. The Department of Planning Services shall also notify the REFERRAL agencies with comments of the hearing. b. The Department of Planning Services shall post a sign on the property in question indicating a zoning permit has been requested for the property, the hearing date, and telephone number where further information may be obtained. The sign shall be posted at least ten (10) days prior to the hearing date and evidenced with a photograph. c. The Department of Planning Services shall arrange for legal notice of said hearing to be published in the newspaper designated by the Board of County Commissioners for publication of notices at least ten (10) days prior to the hearing. d. The Board of County Commissioners shall consider any testimony of owners of surrounding property and REFERRAL agencies concerning the effects of the zoning permit on the NEIGHBORHOOD and its compliance with the applicable criteria set out in this Code. e. Following the public hearing, the Board of County Commissioners shall pass a resolution affirming its decision as to whether to approve or deny the zoning permit. The decision of the Board shall be final. f. Notice is not required by state statute and is provided as a courtesy to surrounding property owners. Inadvertent errors by the applicant in supplying such list or the Department of Planning Services in sending such notice shall not create a jurisdictional defect in the permit process even if such error results in the failure of a surrounding property owner to receive such notification. 5 e pinion of t e—Dep-a rt men t of- l -Rn-i n _ g- i c e �-aI p pl-i-cant-has net -met one (4)-o = mere of the standards of-Ra-ra-g-rap-hs-23-4-0 D.1. t"gou-gh 8. of this Section, a-n-d-lar--negati respo s s re received fr m a -t least thirty perreent-( 0%) of the surrouncLL-pr-e-perty owners h-u-nd r-• d ( -0-0-)--fee t bjectpro pe rty , -a—hearing shall be scheduled before the r -s-- n s-: 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. (Repealed) The- ea -t4 _ of -C -o u my C, o m m i-s-s-i-o _ nE e rs s -h aThhe -d--a-p-ufla-ri n to c of n s -Yd -e r the perm -it a p p l i c a t i o nn -a n c to take -fl n a l action the i ee-n4 t 6 e�- rang 4ry i c e s-ste _ a die -tear -r tn-ed4h-at.-ale a-p$cation has net -met -the —standards of ParagraYp-hs 23A-0- -0-.D --th-r-g-h- 8. of the ti -o -n- The -Beard of County- -n-rs-s-io n e rs' decision shall consider- e-re-cai rrne-Rt-i-o n -o -f th P . _ n n-i-n-g- S-ectW les s -.aft) _ refer-r-a-iagency responses lhe--application-ca-se-,fPre -and-facts presented at the public hearing. The Board of Co -u -r -*J CornrSSissien unles-s--it finds th ; the aI- c -a -n t has nthester nt-d s listed in this Seeti o n. 201 7. (Repealed) A---permit,at--sha I be p e a -r- after an- application is a- a dvp ri-el-at-l- conditions of approval have been met. T -he permi-t- gre—L, sh-afl h �� ed to the Department of Planning SeMe-effice of the Cour ty-Ck an--R-e-c e D. Duties of4he Board of C- : n4y _ Commissioners. The Board o Cs, ty Core -is- ►isr-s-shall hear the application at a -r- . -a icy scheduled moo Ong of the Board if -the a op ication does not meet tie criteria stated in Su-bsections-A.th gh G HQ and Section 73-1-90 of this poet T -he —Beard of -C- ty -mm-i -ione-rs shall give notice ,e application for a zoniRg per-mrit----a-nd the mee i g --date t perso-ns listed in the application as -o er-s of property located -within five hundred (5C0) ---mot of the p -a. -r -mil under corsideration. Such notification shall be mailed, first class, Re -Mess than ten -(10) days before thech-edu- e r -ee#ng— c -h Pro -ti -CO is not required -b -y sta- statute 3Rd is provi-d-ed as -a courtesy to surrounding-pro-perty owners (the surface-est te). !-Rad-vertent errors ,; • pp n supplying -such lisp -or the Departren-t of Flan-navices in n sing such not ce, shall not cF , 4b. a j i d -ice l-d-efect in trh-e-per,- ss, even if s u c h -e -r -r r results in the fa l -I -u -re of a sti-nroun-diRg- property owner t0 receive such notification. The Dene;- Planning Se-Pvices s the applic-apt on the I TION - Class II has -Sect .re _ u este for the-prepe-rt-y The -meeting cat -e --and to le p h o ie number where fu rthe-r -inn--e-rmati o n may -be to a n -d -e- s wed with o -b a10 - T -he sign hall be -posted at lean a photograph. The B oa rd --of -Cunt- o property-owneeffects of the -HQ -ME OCCUPAl Bear -d-0 Counommission-ers shall also -consider the fol- . ing -ad a-per-mit fe-r- -H CU -PA IO-N - Clash Approval or denial of the zoning permit for a HOME OC~C;I IPATIfIV shall hP hasPr1 nn the fnlln\niinri rriteria- ten (10) days prior 0 an -y --testimony of surrounding The ions for 1. Compatibility with surrounding area, harmony with the character of the NEIGHBORHOOD and its effects upon the immediate area. 2. The proposal is consistent with the policies and goals of Chapter 22 of this Code. 3. Availability of adequate water and sewage disposal facilities. 4. T hose n er l h lth a --f ty and welfare of -the i n h-a-b1t nts of the area an -d- t-, o --U Na Y. T h e 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 as expresseS- in Section 23-1-90 of this Chapter. a) (Repealed) The approval -of -the zoning permit made conditi094-or restricted t0 „ry . ut the intent of Seefi-en 23-1 T90 -o-f this C h ap=e r-ar-t -- nt h `e i mrpacts or ad-d-ress concerns of e ei s. Condi i--pc val shall be met prior to recording the p -e nit/agrseement, and r-es-frictio -s ray ---b —en-f-er-G d— ns of conditions in the perm r. gfeemenh 6. (Repealed) T. at -n-com es with any HorneoLv Association a pparie a b1e- 7 The proposed zoning permit complies with this Division 13 of this Article. An access is or can be made available that provides for safe ingress and egress to a public re -a PUBLIC STREET/ROAD. All accesses shall be in accordance with Chapter 12, Article V f the access requirements set for in this Coder --and shall eneavc -to achieve-th-e-g--oal of no "n -et increase” acecesses--o-nto adjacent Cosins-y roa Shen accesses al -ready exist. a)-- v -h -e- —the-access is adjacent to a st -s-j-u- sdiction over -existing or prop-esed accesses. ► ` e o- -i-n-:erg- ne Access Permit from the Colora-d - -epar t3 hT 'olorado Department of -Transportation e~resp sib -1 e far t4GP 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. 202 F. A CLASS I HOME OCCUPATION shall be conducted by the members of the LIVING UNIT of the DWELLING UNIT. A CLASS II HOME OCCUPATION shall be conducted by the members of the LIVING UNIT of the DWELLING UNIT plus no more than two (2) external employees. G. There shall only be incidental sales of stocks, supplies or products conducted on the premises. H. Signage for a CLASS I HOME OCCUPATION may consist of a maximum of one (1) nonilluminated sign no more than one (1) square foot in size which shall be attached to the face of the DWELLING UNIT. Signage for a CLASS II HOME OCCUPATION may consist of a maximum of one (1) nonilluminated sign no more than nine (9) square feet in size which shall be attached to the face of the DWELLING UNIT. I A CLASS I HOME OCCUPATION shall not be accessible by the public other than for a FAMILY CHILD CARE HOME. Hours of operation for public access shall be limited to between 7:00 a.m. and 7:00 p.m. for a CLASS II HOME OCCUPATION and for a CLASS I HOME OCCUPATION, FAMILY CHILD CARE HOME. 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. 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 DWE I ONG 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. DMvM&i •in 14 e Cady t or, Manufacture, Dostrdb ft v r arijuan;<-Bnfused Pr ductst uta * nan Sale of Me Refer to Chapter 12, Article VII, of the Weld County Code. Division 15 - Solar Facility Sec. 23-4-1030. S iar facility. gcal ecreat ona8 &rhjuana 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 Resource Service. B. A Decommissioning Plan. Adequate financial assurance to cover the decommissioning of the facility may be required as a condition of approval of the Decommissioning Plan. 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 SCREENING shall include, at a minimum, decorative fencing, berming, and/or vegetation such that the facility is aesthetically pleasing as viewed from &den -t ADJACENT properties and RIGHTS -OF -WAY. rights -of -way 203 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 USE of resources in the affected area. E. The nature and location or expansion of the facility will not unreasonably interfere with any irrigation systems on or adjacent to the solar facility. F. No outdoor storage OUTDOOR STORAGE of any materials and equipment including, but not limited to, solar panels and support structures 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 RIGHTS -OF -WAY. The Board of County Commissioners may set a greater distance than mentioned above when, in its opinion, it is justified. H. A Property Maintenance Plan is required for the facility. The Property Maintenance Plan shall address dust, weeds and erosion. The property shall be maintained in such a manner as to control dust, weeds and drainage that could cause erosion. Division 16 = Carg containers Sec. 2304 00e = Cargo contain rs used for st • rage, an office, a dwe Di g or any hab tab e 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. Division 7 0 Z.nhig Per is for Certahi Uses on the A r icaf lturraD Zone District Sec. 2341 200. - Uses requiring z S nhig permits on the agrrocuDturraD zone district. A. A zoning permit for USES listed in Article III 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. 204 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. 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. 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. per on standard 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. 205 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. F. Any off -site and on -site Improvements Agreement shall be made in conformance with the County policy on collateral for improvements. Sec. 23-44220. - App1 cato n regirernents. 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 Chapter 12 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 code 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. 206 5. Existing and proposed signage. All signage shall comply with Article IV, Division 2, of this code 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. O. 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. 207 K. 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. Sec. 23-4-1230. o Notification ant appe& 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 pass 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. 234-1240. - Condato .} n S9 enforcement, and rrQevocata I) n 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. 208 B. No USE permitted by zoning permit shall create any unreasonable adverse impacts to the public health, safety and general welfare of the owners of ADJACENT LOTS, such as offensive noise, vibration, smoke, dust, odors, lighting, traffic congestion, trash accumulation, heat, glare, electrical interference, or other hazard or nuisance noticeable beyond the subject property's boundaries. C. The property owner shall maintain compliance with all applicable local, state and federal regulations. D. The Department of Planning Services may place conditions on the issuance of the zoning permit to ensure compliance with applicable provisions of this code or to mitigate negative impacts of the proposed USE. E. Construction or USE pursuant to issuance of a zoning permit shall be commenced within three (3) years from the date of approval or the permit. A one-time extension of one hundred twenty (120) days may be granted by the Department of Planning Service 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. 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 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 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 t0 such USE in accordance with the preceding Subsection. RTICLE V Overlay Dostrocts Dovasa•n 11 = A -P (Airport) Over SSy District Seca 23-540. Definitions. As —used in this Divis1Gn-r-----R3es47 th- -eor4e xt otheRvise requires: For the purposes of this Article V, certain terms or words used herein shall be interpreted as defined in Section 23-1-90. AIRPORT : G. e-e.1Me-Id CouPity Airpar-t-Eteeate actions 2 a no _ 3, _ TEN, _ a Rd S-eosi n s -2 -6 -a -n -d -4f -- TS -I17-1 1 . , We.d Col —Grade, 209 4/R -PORT ELEVATION: The establish s!-evat1on { dui -thou _ seS sib; h u n d -re d fn �n@ty-sye Pte[ j i n hest —p 1 -on he uc b4ei!and-cg-area fbo ve s-oa-I� veI-)7 /4IPrP0RT1 RENCE PO/NT---The-poi nt establishocLas-the-googra en4e4 efo- pe area. The reference ooin4-at G 4e _ is -a point thir4 ne t nd3-i- of -the - �n-e-- e -o -o -n--2---1 k , ` 68W of the 6th P.M., Weld County, 4ara4a-sd _ tw 4heuM-4w hu-t; red fifty (2,250) feet -so h-o$4he north ITe of said Section Which grog _ ap 1 ordinates are -Latitude OL- 262-8" to o r t h and -an gi4u 04 ° 37' 55" we€ - A PPQQH SU R ti C E: A s utface longitudinally centered -en --the exte-n-d' ed _ r -u n ay--cemakn extentn-g-o -tw-81-d and-u99ward from the end of the primary -u-rfa - an4-at the same s!epe-as-f-he app oach zen a hegkt-ftn +t-a4ie set forth in this -Section. In c I a n , the pet- ,-e4e-c-of the a, o sur oe coi-n-Ses �4th4he-p e--r-G the a ppre eh zone. 4 4Q4 T-RAnW[OM4L, HO4 SeG4Iefl 235ZQLbelew AL Z ON-ES--Th&Se zones -ace set forth in CONICAL SURFACE : su4ace PNardr-anc a p.,war d- f-ro-m the-pehery of the h-e� -en4S (2Q -)4e e one (1) A ARDQ?41R NAVIGA-T' ! : An obstruction determined to have a a bstantial adverse St the safe atI e �i-nfi��-atet� e-ni� a i rs p HEIGHT: Far-th-e--purpo-se of d ete rm i n srn g shown on the zoning map, the datum sha HORIZOW -A-L SURFACE: A -he a�r� o��p1 o4e»p-ell eeight vatio n , t-� e pe ri m e a r_9t2 �ru II �" `1JJ �J GJH t r i g h Y. h u�a`W oho 1 -'J , bl II lJ' the height h _ rn is4n a4-zon-e-c sue- f r -h in-i Do MEAN SEA s Se-c-tkm e I e' t i o n u-nte �her-i - speSe4 e hu 4 sd fifty a established er of the ! oriz1e(four LARGER TAN U T -RJ W4 Y : A RUNWAY t hak s _ ec n t ted for and- 4n, pm -p -e -j le r -d raven aWc raft -o ` t r than twelve t h o u sa noJ$ve Ih u-n4r 00) pound weigh io4etp, `J° re4-aIrcra : NONGO.M _ O MING USE: Any preexisting .STRUCTW1RE, object h-i-eh-1s-i bn co n -S en Ath the pco�4&ion s of th �s - pte or -a nanen4meF44heretoT O,BS T F CC 2 Ip U i g -hi sow h —in —Ss en 23-5-30 below. PER or goner nc: to be used -by ross jet, _ �:,I'-�g-n�c object, which exceeds a rat co�-E , ase Gka sseeladen a,� p e f�1 I- -o'- a-ef4rn . PRE CI -S-9- I INS TR W N -RUNWA Y: A Pd4NWX hav I n g an - ;, s#ng—i n-stvume n4 approach proc ed-u-re urt 4z4ng- an sVwrm i-tanding Sygem-f t--a4o mean' s a ru�m—for k-i t a p j�S ro a ch—s`y� s� m 2 s -p l �:t-i �'!-Yed j-�Y'd - 4 f Irk 1 i I a n 0 r-an*047--a f V f U V docawrFent _fit-} the elevati-eti RS -ACE: A s u4a eaeh -e rFd--of h€ 1--RUI VVAY . The e nearest -point on h red on a�� i-n4-e-n—t he ��' ; mySV ! �' G 6 4 same a P id c �a-a*n I"y° s& -e-Jr 11 i�-wesu; ed fifty (250> -fact for RUNWAYS having only visua 2. One thousan-d-( ,000) feet for 3recision NSTRUMENT P LLWJ; Y& RUNWAY: A-definedon-an airport prepared for landing anekaI-e&W& air-ort te9 � n,gh- S-i-ng a mobile object, corrstructed--or installed by man, incIu-Gbing-b4 cstacks, earth formation aP4—eA'etheaJ TRANSITIONAL SURFACE : T -h cen4e-rl in e a and b R1UNWY--rite r -h ne ward -at n i net y 4 eg-r-e-e an -f seven (7) feet to o-ntoll y -r~eS! a R&JMWAY ne { 1-) 210 feat v-ert-i_ea-Ilg from the si approach suFt .ce-s-to-where they intersect the horizontal an -d -ee icaI-sus^laces. Transitional surfaces for those-p---tip-s of the -precision approach &d-rfaces, w ich- •p Lek-ee--4h-r-e-1eg a n o oey-o- h e -m-i ss -et-t h e co .n - de --a l s u rfac-, x t -P- 1---a-distance of five t h eu s a n d (5 , 0 0 0) -,feet measured he izn-tally from the edge -of the approach sus-r-i oe and -at -ninety -degree -angles to the extended RUNWAY cen-terline. LZ f' RUN -WW --Y : -U- \A-Y--t-lia 4& -coon J o ec for a n' -ion to n d ed to -fie --u sed- G p ro pel ler-d v -e -n• a i-r-e, tt -o w6 v e-- th o u s a -nod -five hundred ('I 2T5 00-)- -R, -naxim-s.m -gre ss eight and less : Jfn r UNMAY inter -4sd solely for the pesati Procedures. Sec. 23-5-20. — reeley-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 appfaoh--su-yes APPROACH SURFACES, Tansition s ur"aGes TRANSITIONAL SURFACES, Prot4z ntal surfaces; HORIZONTAL SURFACES and conical surfaces CONICAL SURFACES as they apply to the G -re y o— d County \Irport GREELEY- WELD COUNTY AIRPORT. Such zones are shown on the e ey Wo-I-d Coun -rpoc 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 HEIGHT limitation. The various zones are hereby established and defined as follows: A. Utility Runway Visual Approach Zone: The inner edge of this ai p -m -an _ zone coincides with the width of the primary —surface PRIMARY SURFACE and is two hundred fifty (250) feet wide. The approach zone 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 su-r --e PRIMARY SURFACE. Its centerline is the continuation of the centerline of the RUNWAY. APPROACH ZONE Runway Larger Than Utility Visual Approach Zone: The inner edge of this ago roaoi -zone APPROACH coincides with the width of the primary —surface, PRIMARY SURFACE and is one thousand (1,000) feet wide. The areach--zone 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 PRIMARY SURFACE. Its centerline is the continuation of the centerline of the RUNWAY. ZONE C. Precision Instrument Runway Approach Zone: The inner edge of this aim ac -s :ze -le- APPROACH ZONE coincides with the width of the ar-y-surface PRIMARY SURFACE and is one thousand (1,000) feet wide. The appmeiGh _ one 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 s1 -f—ace PRIMARY SURFACE. Its centerline is the continuation of the centerline of the RUNWAY. primary D. Transitional Zone: The tF a-ns4 ion l erteF TRANSITIONAL ZONES are the areas beneath the tra,nsitp-n l suree-s TRANSITIONAL SURFACES. E. Horizontal Zone: The 4flontP1 zone HORIZAONTAL 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 pr-a--fa-ce PRIMARY SURFACE of each RUNWAY and connecting the adjacent arcs by drawing lines tangent to those arcs. The it-rta4 HORIZAONTAL ZONE does not include the a7,-)res<,:-Yau.1 APPROACH and transitional zones TRANSITIONAL ZONES. F. Conical Zone: The c-o-nle l zo re CONICAL ZONE is established as the area that commences at the periphery of the hOri71-anta - -e HORIZONTAL ZONE and extends outward therefrom a horizontal distance of four thousand (4,000) feet. 211 Sec 23=55=300 o Akpoi Zone h&ght ftfloon 0 Except as otherwise provided in this Chapter, no structure STRUC _ V URE shall be erected, altered or maintained, and no tree TREE shall be allowed to grow, in any Greeley -Weld County Airport Zone described in Section 23-5-20 zone created by this Chapter 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 PRIMARY SURFACE and extending to a horizontal distance of five thousand (5,000) feet along the extended RUNWAY centerline. Runway Barger 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 -rahnela9; auPTsc:- PRIMARY SU,'. FACE ano extending to a horizontal aistance of five thousand (5,000) feet along the extended RUNWAY centerline. Precision Instrument Runway Approach Zone: Slopes fifty (50) feet outward for each foot upward beginning at the end of and at the same elevation as the primary surf- 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, ano at the same elevation as, the primary sun, PRIMARY SURFACE and the approach surface APPROACH SURFAC}-, and extending to a HEIGHT of one hundred fifty (150) feet above the AIRP R _ fi E aVATIN which is four thousand six hundred ninety (4,590-7) feet above MEAN SFA EVEL. In addition to the foregoing, there are established HEIGH limits sloping seven (7) feet outward for each foot upward beginning at the sides of and the same elevation as the approach surface APPROACH SURFACE, and extending to where they intersect the conical surface CONICAL SURFACE. Where the precision PRECISION INSTRUMENT RUNWAY c -e APPROACH Z -NE projects beyond the ce-nical zone CONICAL ZONE, there are established HEIGHT limits sloping seven (7) feet outward for each foot upward beginning at the sioes of and the same elevation as the app -roach surface APPROACH SURFACE, and extending a horizontal distance of five thousand (5,000) feet measured at ninety -degree angles to the extended RUNWAY centerline. Horizontal Zone: Established at one hundred fifty (150) feet above the AIRP HL.OGHT of four thousand eight hundred forty-seven (4,847) feet above MEAN • RT ELEVATI SEA LEVEL. • N or at a F. Conical Zone: Slopes twenty (20) feet outward for each one (1) foot upward beginning at the periphery of the h izontaI zone HORIZONTAL ZONE and at one hundred fifty (150) feet above the AIRR ELEVATION and extending to a HEIGHT of three hundred fifty (350) feet above the AIRPOIR— ELEVATION. Sec. 23=5400 o Use resfc Sono Notwithstanding any other provisions of this Division, no use USE may be mace of land or water within any zone established by this cten Division in such a manner as to create electrical interference with navigational sign -11s or radio communication between the GREET _ EY-WELD COUNTY AIRPORT and aircraft, make it difficult for pilots to distinguish between GREELEY-WELD COUNTY AIRP•RT lights and others, result in glare in the eyes of pilots using the GREELEY-WELD COUNTY A RPM R , impair visibility in the vicinity of the GREELEY-WELD COUNTY AIRPRn, create bird strike hazards or otherwise in any way endanger or interfere with the lancing, takeoff or maneuvering of aircraft intending to use the GREE =EY-WE D COUNTY AIRPORT. Sec. 23=5=5Oo onconformIng use. A. Regulations not retroactive. The regulations prescribed in this Section Division shall not be construed to require the removal, lowering or other change or alteration of any STRUCTURE- or tree TREE not 212 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 ,ss 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 ortrice-a 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 s4mct4o-n OBSTRUCTION. Such markers and lights shall be installed, operated and maintained at the expense of the Greeley -Weld County Airport Authority. Sec. 23-5-60. - Variances. Any person desiring to erect or increase the HEIGHT of any STRUCTURE, permit the growth of any t -Fee TREE or USE property} not in accordance with the regulations prescribed in this Section Division, may apply to the Board of Adjustment for a v r ance VARIANCE from such regulations under Section 23- 6-10 A.3. The application for var4anee 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. Sec. 23-5-110. m 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 regt-ilated GEOLOGIC HAZARD AREAS. B. Promote safe _ Ase USE of GEOLOGIC HAZARD AREAS. C. Reduce the adverse impact of GEOLOGIC HAZARDS on life and property by: 1. Requiring land USES permitted in GEOLOGIC HAZARD AREAS to be protected from GEOLOGIC HAZARDS by providing for GEOLOGIC HAZARD investigation and the mitigation of the adverse impacts of GEOLOGIC HAZARDS at the time of initial construction. 2 Regulating the manner in which STRUCTURES designed for human occupancy may be constructed so as to prevent danger to human life or property within such STRUCTURE. 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. Sec. 23-5-120. a Disclaimer of iiabmm ty The regulation of a GEOLOGIC HAZARD AREA by the Overlay regulations does not constitute an affirmation by the County COUNTY that lands outside the regulated area as defined on maps adopted by the Board of County Commissioners will be free from the rep la4e -h- !zac GEOLOGIC HAZARD. Sec. 2305-11300. - las-pe_r-m tted ufldloig permit requirrernents. �.i_r ,1 a i r ' ; ��` - i e -UND E' - ° ��Q Z N ING �� 1 1—tl-h � W � � �"mss u � v i e �.r � Y � �., i�.,� e � R C T ,,� tep be- permitted h e G E OLLO I°- =9 -AP -} OV E P L A Y DI Su _ -PSI-C T without °-- t ai�Ri-n g -a T p `a � '�a;,% � Y 8 Y 6/ ! '� �,,.r � � �+ d+r d 6� � I� d @ Y Y '� 1 l L ''� f. �. GEOLLOGIC ; °A- A -R -D ! ERLAY D -e eSeprn 4 -Pe r 4 '� pee -Re e"�v i M� R -- 'AC 1 LI V 0 F A`-` ��- L U -T 8 L § -tom,, L a� � LIC— a` a N'C 06 , C h -CA ltge-of F-ReT Subdivision ---of la -n4 cI f d -n- y Reolar -a- E thm ptions , ner NI -N -ETDU _ M- T E —V E ..a01= E-NTS with -ER 213 the GEOLOGIC HAZARD nd obtain-a-GEO-LOGEC--HAZARD Q E -D-I S=FR-IC T Development -Permit before any of t r e p_oti -t-ion c aye eon -Sere d firi a I I ap-areved by the Board of CotHR y- isstoners. 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. Sec. 23-5440. o EstabDishment of District. There is hereby established in the County COUNTY a Geologic Hazard Overlay District. Q- LOGIC HAZARD -tees RLAY DiSTRI- A. The GEOLOGIC-I4AZARD- V V,_.-. DISTRICT 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 coverage's 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, an -c, y- the --Board of County Commissioners, is available in electronic format for public inspection at the USGS webpage portal. ittp://pubs.usgs.gov/imaoli-2375/i-2375.pdfl. Weld County GIST 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 4 o Repeal in its entirety ARTICLE VI - Board of Adjustment (Repealed.) Sec. 23-6-10. - Powers and d A. The toes. 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 —Ems. -LS appeals from decisions concerning zoning issues made by any official employed by the Board -GI: Corn- i neFs COUNTY in the administration or enforcement of this Chapter, Chapter 26, or Chapter 27. 2. When there is an AP-P-RL 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 appealed from. B. The Board of Adjustment has the power to interpret the zone district boundaries, to interpret the location of LOT lines with respect to zone district boundaries, and to act upon similar questions as they may arise in the administration of this Chapter. C. The Board of Adjustment has the power to hear and decide appe-als -r r a i-aoe VARIANCES from the terms of this Chapter, with the exception of appeals for °o -a ance VARIANCES from Article XI, Floodplain Management Ordinance, which are heard and decided by the Board of County Commissioners., or The Board of Adjustment also has the power to hear and decide VARIANCES 214 from the terms of Chapters 26 and 27 of this Code as where Chapters 26 and 27 are applied to individual LOTS or parcels. appeal -s for variance VAS'' IANCES 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, and Chapters 26, or Chapter a-nd 27 of this Code would result in unnecessary hardship to the appellant. 1. Relief from the provisions of this Chapter and Chapters 26 and 27 of this Code may not be granted when the hardship is brought about solely through the actions of the appellant. 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 27, as applicable. or Chapter 26 3 In granting any variance VARIANCE, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with this Chapter and Chapters 26 and 27 of this Code. �? i-0fat Gcn VIOLATION of such conditions and safeguards, when made a part of the terms under which the Aari-ance VARIANCE is granted, shall be deemed a-lation 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 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 a d 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 VIOLATIONS that may be prosecuted under the terms of Article X of this Chapter. 6. No nonconform-iPrg NONCONFORMING USE of NEIGHBORING neighboring LOTS, STRUCTURI-S or BUILDINGS in the same district, and no permitted or nonce-n-fe-rmi-n-g USE of LOTS, STRUCTURES or BUILDINGS in other districts shall be NONCONFORMING considered grounds for the issuance of a variance VARIANCE 7. No varianrc VARIANCE from Chapters 26 and 27 of this Code shall be allowed where the term from which the variance VARIANCE is sought is one that was raised as an issue during the PUD zone or final plat process. Sec. 23-6-20. - Appeals of administrative decisions. APPEALS Appeals to the Board of Adjustment brought under the provisions of Section 23-6-10.-A above must shall be made within thirty (30) days of the order, requirement, decision or refusal alleged to be in error. APPEALS Appeals of administrative decisions shall be made and processed as set forth below. A. Application Requirements. Applications to APPEAL appeal administrative decisions shall be in written form according to the following requirements: 1. An application for appeal on the form as prescribed and furnished by the Department of Planning Services with the property owner's signature. If an authorized agent signs, a letter of authorization signed by all fee owners shall be included with the application. If the property is owned by a corporation, evidence that the signatory has the legal authority to sign for the corporation shall be included. 2. 34 A citation of the Code section of this Chapter which is the subject to the disagreement. A written description of the grounds for the APPEAL appeal; and the reasons held by the appellant for the favored interpretation. 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 ap olication fee. B. Duties of the Department of Planning Services. The Department of Planning Services shall: 215 1. Review the application and determine that it is complete before scheduling consideration of the APPEAL appeal by the Board of Adjustment. 2. 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. Review the application for consideration of the APPEAL appeal and prepare comments for use by the Board of Adjustment, addressing all aspects of the APPEAL appeal, its conformance with sound land use planning practices, the effect of granting or denying the APPEAL 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 PUB=IC STREE _ i• /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 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 applicant on any APPEAL 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. Sec. 23-6-300 o Appeals for interpretation .f zone district boundaries or Dot iir�c�se APPEALS 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 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 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. Other written and graphic materials serving as evidence sufficient to document the location of the zone district boundary or LOT line alleged to be true and proper by the appellant. 3. 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. 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 appeal by the Board of Adjustment. 2. 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. Review the application for consideration of the APPEAL 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 appeal, its conformance with Chapter 22 of this Code and MASTER PLANS of affected municipalities. USE 216 4 Post a sign on the property under consideration in a location readily visible from the adjacent PUBLIC STREET/ROAD RIGH--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 APPEN, 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 appeal for interpretation of zone district boundaries or lot 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. Sec. 23-6-40. AppeaDs for valiance. Appeals to the bard 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. AR VARIANCE application for APPEAL on the form as prescribed and furnished by the Department of Planning Services with the property owner's signature. If an authorized agent signs, a letter of authorization signed by all fee owners shall be included with the application. If the property is owned by a corporation, evidence that the signatory has the legal authority to sign for the corporation shall be included. 2. A plot plan showing the location of existing features, such as STRUCTURES, fences, streams, PUBLIC or private rights -of -way RIGHTS -OF -WAY and STREETS/ROADS, access, etc. The plot plan shall include all proposed STRUCTURES. 3. A copy of a deed, purchase contract or other legal instrument indicating that the applicant has an interest in said property. The deed, purchase contract or legal instrument should include a complete and accurate legal description of the property. 4. A statement that demonstrates that special conditions and circumstances exist which are peculiar to the LOT, STRUCTURE or BUILDING involved and which are not applicable to other LOTS, STRUCTURES or BUILDINGS in the same zoning district. 5. A statement that demonstrates that literal interpretation of the provisions of this Chapter would deprive the appellant of rights commonly enjoyed by other proper4ies property owners in the same zoning district under the terms of this Chapter. 6. A statement that demonstrates that the special conditions or circumstances do not result solely from the actions of the appellant. 7. 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 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. 8. Evidence that demonstrates that the variance VARIANCE requested is the minimum VARIANCE that will make possible the reasonable use USE of the LOT, BUILDING or STRUCTURE. 217 VARIANCE 9. Any other information determined to be necessary by the Board of Adjustment that will aic the Board of Adjustment in making a decision which will not impair the intent and purpose of this Chapter, Chapter 26 or Chapter 27 of this Code. 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 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 (110) 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 VARIANCE. The Department's source of the ownership information shall be the application for variance VARIANCE submitted by the appellant. 4 The Department of Planning Services shall review the application for consideration of the APPEAL VARIANCE and shall prepare comments for use by the Board of Adjustment, addressing all aspects of the APPEAL VARIANCE, its conformance with sound land USE planning practices, the effect of granting or denying the APPEAL 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 APPEAL 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 APPEAL for variance VARIANC[ _ . 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 Chapter 23 of this Code, has found and determined that: 1. Special conditions and circumstances exist which are peculiar to the LOT, STRUCTU E or BUILDING involved and which are not applicable to other LOTS, STRUCTURES or BUILDINGS in the same zoning district. 2 Literal interpretation of the provisions of this Chapter would deprive the appellant of rights commonly enjoyed by other prop -Egli -s property owners in the same zoning district under the terms of this Chapter. 3. The special conditions and circumstances do not result solely from the actions of the appellant. The reasons set forth in the application and testimony justify the granting of the and the vFian-G VARIANCE is the minimum variance VARIANCE that will make possible the reasonable USE of the LOT, BUILDING or STRUCTU 'Z E _ . variance 5. The granting of the variance 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..: 218 AIR DCD E V000 Nonconforming Uses and Structures Sec. 23-740. - 0a teMM0 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. N onconforming NONCONFORMING USES are declared by this Article to be incompatible with permitted U SES in the zoning districts involved. LOTS, Sec. 23-7-2©o Sec. 23-7-30. - (RepeaDed4) Nonconforming uses of Dandy Where at the time of passage of this Chapter or of passage of future amendments of this Chapter, a lawful use USE of land exists which would not be permitted by the regulations imposed by this Chapter or future amendment, the use 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 NONFORMING 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 o rdinance codified herein or amendment of this Chapter theat _ first-i'i-a-vi-ng-received a speci-a- review permit pursuant to the-p-rseed-u-r-e-e :bI--rsi' ed- n -A 4ie4e I I, Division 4 -of this Chapter. 2. A nonconforming NONFORMING USE shall not be extended or enlarged after adoption of the o rdinance 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 non-Goinfemling NONFORMING 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 o rdinance codified herein or amendment of this Chapter. B. Substitution of USES. 1. A 1 -1 -oilcan -form- i-ng NONFORMING USE may as a Use by Special Review be changed to another USE which does not conform to the USES allowed in the zoning dis trict, 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 nonc if rrmir g NONFORMING 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 , onconforminp NONFORMING USE is replaced by a permitted USE, the n- nconforming- NONFORMING USE may not be reestablished. The permitted USE shall thereafter conform to the provisions of this Chapter. C. Abandonment. No n-nco ro4cmTng NONFORMING USE of land shall cease so long as the property and associated STRUCTURES associated with the -r-noncor ring NONFORMING USE are being maintained in accordance with this Code. If any such non-oon=form-I-PigNONFORMING USE of land ceases for any reason for a period of �° ha 2 six (6) months, and4h -oro ery a -n ssoci ed &TR LC T - E S are 9-- 4 cfu-a4E4y m t-a-i-ned-T the n o of it e NONCONFORMING U S E 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. 219 Seco 233=7=400. oo[iconfo mO g fames. Where a lawful S RLCJRE 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 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. Shoulc such nonconforming NONFORMING S—RUCTbRE or nsnconcorming portion of a STRU CTo R E 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. •rdinary 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 NON \FORMING SRUCTURE or nonc;nfrming portion of a STRUCTURE m .y 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 RIGHT-OF-WAY C. Substitution of STRICTURES. Should such nonconforming NNFORMIN►G S _ N RUCTURF oe 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. Existing Building Permits. To avoid undue hardship, nothing in this Chapter shall be deemed to require a change in the plans or construction of any STRUCTURF URF on which actual construction was lawfully begun prior to the effective date of adoption of the ordinance codified herein or amendment of this Chapter and upon which actual construction has been carried on diligently. Actual construction is hereby defined to include the placing of construction materials in permanent position and fastened in a permanent manner. Where excavation, demolition or removal of an existing STRUCTURE has begun preparatory to construction, such excavation, demolition or removal shall be deemed to be actual construction, provided that a building permit for the new S—RUCT JRE has been issued and the preparatory work is carried on diligently. Sec. 23=7=50. o onconfor iML1 g se's of s me re . 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 STRUCIURE 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 US: 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 NONFORMING USE may shall not be reestablished after restoration. Ordinary repairs, the value of which c •, nit exceed fifty percent (50%) oreplacement cost of the STRUCTURE, may be permittto B. Expansion or Enlargement. 1. A nonconforming ISO\F•RMING USE may be extended throughout any parts of a STRUCURE 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 cc extendec to occupy any land outside such STRUCTURE without fir eview Pecwi p -rsuant to the procedures established in Arti-cle II, Divisio-n 'l of this Chapter. 2. A nonconforming NONFORMING USE shall not be extended or enlarged after adoption of the ordinance codified herein or amendment :•f 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. 220 3. No such =n-oo- for -z - NONFORMING USE shall be moved in whole or in part to any portion of the let 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 noncon4orming NONFORMING 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 n-o-n-eonform-ing NONFORMING 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 n-onconforming NONFORMING USE is replaced by a permitted USE, the eRoon ecr-i-RQ NONFORMING USE may not be reestablished. The permitted USE shall thereafter conform to the provisions of this Chapter. D Abandonment. When a n-nformk g. NONFORMING USE of a STRUCTURE or STRUCTURE and premises is discontinued or abandoned for any reason for a period of more ti-ian 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 - Vasted Property Rights Sec. 23 -20. - Definitions. d -in - hi✓s _ ArtjoI-e, unless the contexd---e-the--Rivis-e-requi-re& For the purposes of this Article VIII, certain terms or words used herein shall be interpreted as defined in Section 23-1-90. &u-cessors-an LOCAL DOVE NME Any owner -of a -1 -e -a -I -or equitable interest in inert - 0 OP E R-TY, and n-ol-u-des t -h -e- ; e i rs7 •ty, , city -and -county, -city or tow f, �h her s atu or -h- rule, a ti g- ugh -it -s - c Je r; i n g- bod-y or any board,mom-m-I . i f the e av i n g -ice 3 rov-a-I au -i-erity over a SI-PE SPECIFIC DEVELOPMENT PLAN, includingwitcl -e-ut—l-i- t-a-tion any legally am —powered urban re- ew-al authority. ct to l a -n d USE re-. --utat' SITE SPEC/ l C EVE I-OPMENT PLAN : A U..„ b -y -S -pee a i-Reivew--4n-c-I -d-i n g OPEN M4NI an4 MAJOR FACILITIES OF A PUBLIC UTILITY OR PUBLIC AGENCY)RLAN ED UNIT DEVELOPMENT -P-SI _ Plan, SUBD-I ISIO\II-- i gal plat, re ut4- o r w, Lhi-&h s —be -sue-bruit d to the County —and receives approva r conditional approval by sthe Boar of - Coun-ty Commis-i-eners. Final or conditional-appr•ovQl by-t-h-rGI County Lemma -s- i-oners cr-eate v- p r - enn-- - r cIe 68 of Title 24, C.R.S. No other type of land USE application —shall -be considered _ a SITE SP-ECI-f° I -C Di ELOPM-ENT PLAN, VES TEn-PRO- r 1-R : The right to -u-n -erta 1<e -el -Rd -co _ m teth-e DEVELOPMENT and U &Eat property under -tile -terms ands-cen-d--i-tiors of a SITE SPECIFI-C-DEVELOPMENT PLAN. Sec. 23-8-30. - Duration, termination. A PRO -REP:, -c 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. Sec. 23-8-60. - [Yaw ! pment agreements. The Board of County Commissioners may enter into development agreements with landowners providing that , E-Rproperty 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 221 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. Sec. 23$a=000 0 Other prov Soois MFIL ffecteda 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 property subject to land USE regulation by a LOCAL GOVERNMENT the COUNTY including, but not limited to, building, fire, plumbing, electrical and mechanical codes. AR oc E X = SforcerneMM Sec. 23-10-20. = Cr rnh of pennkoes0 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. violation It is unlawful to use any BUILDING, STRUCTURE or land in violation 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, STRUC ,,RE or land continues shall be deemed a separate offense. Whenever the Department of Planning Services, through one (1) of its employees, has personal knowledge of any violation VIOLATION of this Chapter, it shall give written notice to the violator to correct such violation VIOLA —ION within thirty (30) days after the date of such notice. Should the violator fail to correct the violation VIOLATION within such thirty -day period, the Department of Planning Services may request that the Sheriff's office issue a summons and complaint to the violator, stating the nature of the violation VIOLATION with sufficient particularity to give notice of said charge to the violator. The summons and complaint shall require that the violator appear in court at a definite time and place stated therein to answer and defend the charge. One (1) copy of said summons and complaint shall be served upon the violator by the Sheriff's office in the manner provided by law for the service of a criminal summons. One (1) copy each shall be retained by the Sheriffs office and Department of Planning Services and one (1) copy shall be transmitted to the Clerk of the Court. D. It is the responsibility of the County Attorney to enforce the provisions of this Section. In the event the Board of County Commissioners deems it appropriate, the Board of County Commissioners may appoint the District Attorney to perform such enforcement duties in lieu of the County Attorney. 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 (S300.00) for each separate violation VIOLATION. Any arresting law enforcement officer shall follow the penalty assessment procedure provided in Section 16-2-201, C.R.S., for any violation VIOLATION of said Article IX. Sec. 23-10-30. - Equ abCe relief chi fl actflono 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 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. 222 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 BUSIN SS, SERVICE OR ENTERTAINMENT ESTABLISHMENT for repeat or continuing violations VIOLATIONS Sec. 23=10-40o o ChM penaitSSso A. It is unlawful to erect, construct, reconstruct, alter or use any BUILDING, STRUCTURE or land in v-iolio-n• VI LATION of this Chapter. In addition to any penalties impose() 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 COUN Y Court during which such unlawful activity continues shall be deemed a separate ViC-46tion VIOLATION and shall, in accordance with the subsequent provisions of this Section, be the subject of a continuing aenalty in an amount not to exceed one hundred dollars ($100.00) for each such day. Until paid, any civil penalty o rdered by the COUNTY Court and assessed under this Subsection A. shall, as of recording, be a lien against the property on which the vi-eatation VIOLATION has been found to exist. In case the assessment is not paid within thirty (30) days, it may be certified by the County ttorney 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 o r any land is used in violation 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. —he Department of Planning Services, through one (1) of its employees designated by resolution of the ;oarc of County Commissioners, shall, upon personal information and belief that a vietation VIOLATION of any regulation or provision of this Chapter has occurred, give written notice to the violator to correct such violation VIOLATION within ten (10) days after the date of such notice. Of the violator fails to correct the violation VIOLATION within such ten-day period or within any extension period granted by the Department of Planning Services, the violator shall be given a second written n otice that the violation VIOLATION matter has been referred to the County Attorney for legal action, u nless 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 violati n VIOLATI IN 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 VIOLATION with sufficient particularity to give notice of such charge to the violator. D. One (1) copy of the summons and complaint issued pursuant to Subsection C above shall be served u pon the violator in the manner provided by law for the service of a County Court civil summons and complaint in accordance with the Colorado Rules of County Court Civil Procedure. The summons and complaint shall also be fileo with the Clerk of the County Court and thereafter the action shall proceed in accordance with the Colorado Rules of County Court Civil Procedure. E. If the County Court finds, by a preponderance of the evidence, that a violatien VIOLATIof any regulation or provision of a _ zoning resolution 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 oy the violator to the County Treasurer. In the event that the alleged violation VIOLATION has been cured or otherwise removed at least five (5) days prior to the appearance date 223 in the summons, then the County Attorney shall so inform the Court and request that the action be dismissed without fine or appearance of the defendant. F. Upon the filing with the Court of a receipt issued by the County Treasurer showing payment in full of a civil penalty assessed pursuant to this Section and upon the filing of an affidavit of the Department of Planning Services that the r'. _ ;::_ 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 .e la` y , 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 _ji;h-E (1: VIOLATION has been cured, removed or corrected. ARTICLE XI - Floodplain anagement Ordinance Division 1 - General Provisions Sec. 23-11-310. - Definitions. Unless paGificab ,L-ow_or in Se914on 23-1-90 of this Cos e, 'cases use _ ;c t is ORDINANCE shall be i me r a. her- em--t-he meaning they h n- -am-m-o-n sage- n -d to g-i- -4-h4s O-RDIoNANCE its most-rease rb- application. Tha ur peroa rafters snail I^ -v-e the meanings as-s-tated-n4h-i-s-Seti-on- For the purposes of this Article XI, certain terms or words used herein shall be interpreted as defined in Section 23-1-90. ova l that has a o n -e -per -a-Ree-efF oeing n g sq ,aid or exceeded during any given year. The terms "o-ne hu-n4red-year-- L- " and "o-ne Fcen$ chance FLOOD" ace a-n-yy v -us wi h --the term 100 -YEAR C _09 -D -;The term does not imply that -the lood wiThn � -h appen-o n-Ge-every ns-I , re 100 -YEAR FWQ -L-MAIT-he area of land susce. ible to bee GO currenee-eft-be 100 --Y A FL '. - --i-n nd°--ted as —a r esu--o- n -e 500 -YEA, JOD A F OD having a -recurrence interva teat e� +waled o-e-xceeded-e'--w-44n-g--any given year. The term "0.2 -percent chance -LOG the to rrn-5QQ Y EARF-LOOD, e to r m,---does-n t imply that the flood w i I -1 -n -e e s s a ril- h u n d 4-- 9 -0 -)-mfr& O t -c J.7 0 Sze of being " is synonymous with I once every five BOO —YEAR FLOODPLAIN: IN: 1-M- ---ate a-caf t s ;€coptthie4G -c un-thtion as a result of the 5O0 -YEAR 000- ef--an--e9 fisting STRUCTURE. ALTERATION ! O� TON OF a L'.ATERCOURSE :Ate¢DEV _OPM Section of fle* &—w ter-Ic -a er or am , , CI NEL ZAT ON obi -r- , P r . earn 4s-a-l-so,Ge, s e d to be an ALT ';C -OPc-RELOCATION OF A WATERCOURSE. oota BASE FLOOD: The Fa OQ-D h Yea -r7 BASE FLOOD E -UR Fes= ' LE V�u� th-at level i--anr -g en yeai= E I-whtieh-I n he of-beiPteq ua --d-9-r exceed-ed in anniv en ovation shown on a FEMA FIRM that indicates W ER rfl, a lg l-belew _ t- =, b -or BUI-LDING, 'Paving its floor sub, g- e- be6 g 9und level) Qn-a45. The 9 -west -floor of es-idential-S .rHding, in asemen-ts, m-ust be one -(1) feet above the-BASE-IJ O -O- ' ° E \! .P3V-(BF) . 224 -B -S -T 1-VAILABLE DATA: Pfray-FL D-- -ata-a -lo from -the federal or state -c vornmes -or--,any ether -source that is utilized by the--F_—.00N _ AD V..I-I-S--v- �-C- 0- determ-i-ne-, he ---BASF .F I O-0 D WATER -SURFACE ELEVATION or 7 LO -O DWP ° l o ca-t-i-o-n . The sources of da' -m-a i-n vlu -R--b r- -n-ot a -F E rg-u-lations; tions such as guidance --d o -u m s, policy documents, tech —a—LbStS 81-114 b -S atulali t i oR- -n-d-regulations ; -an4 c. Q er-p u lb l i s-hea or u -u-tb - -o l-, LQ -1D-s-tut - A4VNELL-1e physical confines of a -stream or w ,-ton e 4sti ra a-vf-u'J'�ty of g a i1 1es. E s -gym--b nits and AC -HA /NEL/Z-6, TION: The —artificial es ,e) cc n -t- r -o a l i _ g -n me n t of a stream C CONDITIONAL LETTER OF MAP R IS -ION (CLOMP j: rE A"-s-cGm iten-apo -mod _ pr wh--c n --does n -o4 revise a n eft i" e _FL0-GO - LA u N- -!-a nd _ X 0 1, _ u po n cow-«oti-on, affect t-i Pyolicelo g or-4y-d-ra-u I is character -is -tics of O DIN--=&aurc ,-end thus --result in the a od iticati orb oLf --e,x J c-og +at -o -r - F LOO D Pw.,(NrN-7 -CRAWL SPAGIg-SEL ± AD- A- EL W -G-1 A D € CRAWLS PA E i---r-a-wIspace that -ha. — if 7 ri-o r -g adie-n-e-mo•r-e-tI an twe-(--aeot--lower- h a q -:h e A -l- s=LCgg-E-C-RAV VLSRI-,•°ES u s4 c orn 3uIletin 1-1 -t, if Pooc� i esnd-operaions for the CO L -J -1 - n - -4 l T ES _ are clan -if- d -u -n cer-th f-- I-Iowing ca teg o f es: -)-Malt Po;p- a n t- Vita the 1a -n _ d--- nw-- - or cetated i n ut--r---b u -t not ftc-a -i a-i c h e afth-a " -hG ter-J--u4-es S fore, -d u -4n -g ----or after -a FILQQD. G -R- T-�� K -ti l-- rvie--- ; ' ) n -a -z ou-s--M -t ri 6 s i-o-Restoc -Nor maSeRLi 0 L-FACILI�- '-� E 55e4 al - v ice C I -1 ---T I CAL A- -4-1y a) P-ubtic sa et- l-i-tie s sueh-a--s-Pori-oe- sta-tie n s, fire -and -rc� a io nos, -emerge -n-cy- vshiel a- l-equi ame k -and-e-mergency-apes rLioncenters-‘; (ergs -Rey -medical facilities such as h oen- rs-wite-r g -e n cy-trea4- e y--& u -1 :=RUC=+,1-114- 1a4 ex-cl ud i ng-Gt-i-n1c . doctors' oft -c -_ad -n -dl -t on j cacti �V��- TRU C T- i' -� o d o 4 ��e-ncy t r-rient-functions; c, Design- a -tail -F m e r n- y° s lh e lt-e- 4) -nom-i -ati-on s sy- rns--s-uch as main--t-e-l-op- a -h-u _ ber-br- ' cast ;, -u- m e nt-f-o-r-a bJie s CJ!-r'V-T Y7-' o y. f� +�--y s t \.+ s , o uric) tl 1.J �s i " o a n V th r o e s of ors, poles, ano con -d -u yam; oulanco sorv-i-ce—centersu gent -G em g - af-rn-i-6- c yste ms,-b-ut--e---*v e [ u�li -u I+t l Iant facili-ties f -or -generation a -n- -i ribu o -n -s s ub-station- s- a n -d --10 urn p i-n-sta-tio-c -s , ater,-power a -Rd --gas, l non el u-cl-i-o g_tll e-fE-rs, PG4 9c-Wi-hY► e s, u o f �." -11! V��! f t ne 1 tra ti Y d r .rac k a V -d Y l , o i ��.+ t rW J! i 5 1 Y 1 d s ewo� i n a s; and f) ---Air t a_nspo rtati o n lifelines suc-h c -h a s a+rpo its -m _ u n is i-paa n-d-la-r-gg-e, ---h-o ftco -r-pra1 s an -d STRU�U-R-ES serving emergency functions-1—a-sn i-a-ted infrast- - ce (aviation control towers, air-traffic controcenters _ al-emergeney-eq-u ocRent aircraft hangars*: 2) S.;19-i-tic exemptions t -e -E n -Service -C-RA- L AL t rem -p nos n o n p-ota b I -e rte- , nt-p -67-h-ydroefeetF. and elated ES include -wastewater jeneratTh-G-plan-ts DjEI-ic utility plant tacU-i-ties may be exem-ptedd roe T 1QAL J -A I i - I -ES --it it s -de m on strat --that - the- c i-1 -4 an Bier -n et:Ft- of a--redo-n-d an -t system -for which service -will not be i-i ra--u-ritg- a F.--,0-00. At a mini -mum, afa seal -1 --be 225 d on- c c- at -re -el -wad -ant 4ant faci I iti e s- e --a -iLI able- 4 er -4h e � � ; --u t ,-- c - -a-b-Ie- ns'r overn-nento1 a€ P- ent or G€he sand- iReG , tine, a- , ,s e i�- flare her Ioc toc- r 'I - - h- .� �� , 4 ll L_ ��. R 4 a 01 -a 4r1 y -s -i- h ---tie -- - 4e -�-,�- i s OR D d ' N , n : an-- .ge -ie to fec h -a --rre-n----seems will provide se s tc--the affecteda - 4 ne eve-Cgref 1. OOD. Evid&ec-- -f-nge ‘st-s-f rPr O c b. GAL ACIL ! T4 Laa- -a4a i c � n i i ' �h I �c, t! n ` e exp4es s-tG i c andkap - - , ", e mata4a-ksi- Ha-z-a-Tdoyri. A seme-e-ar4d-dis-pos-a l- -its —A -c g ro u nd g � -I-i or -ropy-+- e or sa-I c---ce f) --F a�Gihi AM rc � )- Refer-tea,y-c qu n °les qual r ore cl rn-icals in qu _ n les in- Xces -e-1 '-; ees-he 1- A4F c\p- a --Mate al- of y --D- °�� Sheet kcerFed or used in wa-stared-ill dated4h* ee - ate -s ---E n- ice-rt me n-ta-k - i9 -P tip -fl roan o '��=1 C ��- - a v� " �c � ��- c n- � J i ; ,�u� it-��e con erred -tea R I �y � u 2 -S pea x e m o n e s �i u a e+ Q .emu L rC!LBT!- into-Pc-le/1-e: v i- 'ee ` 1' '• -u-m pg'-e I et vii- n -r -' ii---Ge -er -ter d n4au- r Ci ehid- se c-e-ther st t-uccs coy depprecistrated to -the-& — s Ltha --'�'a ]e a s ft IN- (--Ib y h az -rd-a s ss-s n -n-a- -c--e-r-1 I4c t -hazy u- n s 4 f- 494- < ≤ tin -Feat f to- h- pu a c; or Rh L:'m3p's-ur -i G a ! s !- s j glee , stemg' a I`17d-d'd€4 1b Lirti -n`ce R 'rs-- �#2.-t s otL-mian u$ast-ur ph- --� -8-G—fl a -94 4 t - c. At-Ri II 1 E )--. 9194aV - a -i-- --i u de,a-u-t-a ro not Urnfi=led- a•3 -)---C-o n.g reg ate --c- SeePA o , ° ce —P u I II n-d--ia-r-h l r daycare se, tw I -( 2-)-ar--mi re children. uaIsthc4fin g d a N a -d--a- fled 1-2 schools anfle e a er-sc . d. ��I-I� PCAU 11-L - _ SaI-to -Ras c- I -rm _ al —Se e s . CPAT I A &c -ES Vital tc Reel Services H�� aft limited tc` a) rep fine , i :-n-d-q u-i-p-rwan -eran' s; a n • ice- n -2-ali-SI RUC lI -I= F - a�q '�-assroms. is, includi Pt -S.17 -`31-k3 -, _ g -j g II --N- a aticLv services, community administra-iov - ; : -emaO -mai- enance and 2 ) I �/ d l F -A C-1-- !- I/I E S Vital to l r1 Y' i P'1 /' i f16` a �f 6 1 4 V'i �i n� _ i -il � c P �: Fa0 )-- fiat ,>�%`•+� �-7� 1 U �, y 1 V �� t� II�I�I I] Y L C I } • �' f� P e P �i� °� ka e per. p c,9� lt Z emp4S- o- r defi n its l CA L FAC-1 J J E- --if--i�� d-nen-st a- � � jS_a �i-�_�' is a ,n-- Ie-m,- redundant system for wh i-oh ewice—w l- ge4—be irl-ttalippte- Led dw-g a is . - et a nn-iJn-i-rnum, it shall be demonstrale-d- tha -r-ed-ud 226 construction of str i-ty or available-th-r-e-u-g n intergovernmental a gat other contract) -and connected, the afterna - -facilities are either located outside of th-e--1--a0---1-.=E-A -FLOODPL-X41-Pm-or re o n wi the provisions of _ this ORDINANCE, and -an eaeratior ��r rurr-�rv-oz i r -a. elan .s s ce to the affected area in the evert of a I OOD Evidence of -ongoing re m -1 -cy shall oe pr-e-v-i-dred-u,p- r for a icu lar—tea e ies of C R 1 [CAL FAC S-TR U- -U RE S or related i n fra struetu e t -t --also. f u at-i-a-n as IMP, another category outlined in this defile-i-ir- a,n made char ---t limited to BUILDINGS or other STRUCTURES, mining, ored d -9- -n,-g operations or storage of e-G-u-ipcnent or materials. -ELEV/\-FE: To build or raise a� -TRU E: IT-1ON- LIT T ES -" c !;—n --- I -y CAL -F-A UT I -u-n _ dec in-i-mproved real estate, i n cl u d-i-n-g--but Pet c� -a ie-n cc E4o a minim - m of one (1) foot above the BAS--E1�OOQ ELEVATED BUILDING: A BU _D NG w nod BASEMENT and: a Built, in the case of a BUILDING in Zones P440, Also t, A9 top theELEVATED oor a Dove tors-grounc-i-e 4y -m an or shear walls paraItel-to the -floor of the water; an° b. Adequate-)-y-anchored so as not -to oimp-a-ix�r��-o stru ,o `o fir- �- �rae�i$i i�^Ie f i�Irre BA FI " LQHD - rl y aEthe BUILDING during -43, - In -the case of Zones At--•yQ-A-E� 99, AO, AH, B, C, an a U-1-=D4iG ELEVATED- by means o --Irk-,__ or solid founo.ation fao-i ktate the-- -n- pest d -m ove m nt-of 4-0-0-D waters. res for which the START -O -F CONSTR-U be -fa -ice -the -effective date of the FLOOD INSURANCE RATE MAP -(-FU ' s --s- n-ymous with iii --term 1 h-a-v--e-the -ier-s) L000 EVAT-E .� -IDvN-G gcades pe-n i ng s—s��-f icie-n4-to C : ION —commenced Earl eT NG nor �� a CTS ii4►en u►- X4 ARK O SUBDI W _ S -1O -N: A Nib -AA— I y GTI I RE —D -H -O -M- (BAR lr -R--S BDIVISION for which the construction of -facilities fer ser- ioi-n the- _O -T -S on what- the M 1, NUP AC TUR E D HOMES arc to be aT *S— -clu el i-nga m-i-n-i-nci-m , the installation ---o- i-r e -construction of streets and either final site g -r rthe-po u ri n g f _ c- SS —fare -the effective date of theOI II\IT� ti{�n-of his � D-I-NArNCE EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION.-- The preparation o -f additional sites n of facPP1e - or e dn4; the Lary: MAW FAC-T ED -H O -M ES are to -be -affixed (including , at a -m-i n-im-u m , the installation of— k s, t e Imo- r o i n g ofd₹ e p ` i i1' - . 'c nL re e —pad FILL: Any mater-ia4 such as earth, clay, sa r4 -o rete, rubble or waste aL-ciny kirsc h his pta-ced-or stored upon the surface of the g--u-r- FLOATABmaterial that i not sec -red-in laIa ghat could -flea --affite--d-u1- -g-fhe occurrence of a FLOOD and potentially cause _ h -Ron---dow-n ream-Iaroiertty owners or -tea -t cold-lol-cause blockage of a culvert, br-l�r of r drama qty. W A ' E MATERIALS -include, a -- a-renot limited to, lumber, vehicles, boats`,' `e'�quip-ment, drums or other ccyi-n-or pieces of material that are likely to foat-; neral and temporary condition -of _ partial or complete inund-ati-on---oti normall a. The overflow of water from CHANNELS -and rese-r -spillways; and/or b Tie unusua anc ra Did accumu u atio-n- waters from any source. FLOOD BOUNDARY An- -F� nnn�,��r� v n� � BF a: The official map on which FEW -A kas eleltn-e -ted-4h e SPECIAL FLOOD HAZARD AREAS, the F D -WAY -an-- -the risk --pyre m iJunn-z on cable to the COUNTY. 227 FL OOH ANCE RAPE MAP ¢, SPECIAL FLOOD _ HAM -RID -1N FLOOD INSURANCE c-th D- - -G -a '= Y AND a s .---F---QO- 1a4-r urn zones a -ccabpt�-e the-CQUNTY The o ffe- al r-eport pvided- c-- OO-WAY-MAP and the : II I AGE �-° 1--,a---o- - FL grODPLAIN or 0 0D ---PRONE AREA: An-y-tand area Wcoept e4etR inrU-14-date--d-as--a-P SU 4 a-F=O-0-07--in-olu-d-i-prgthe a -8- f l -ov such floor pater wou ow-fr-of e sp i-4wa ,.tip a, rep-er. - r. The C ii d rAc- a pipe - LQQ R raA _`'�`�� V sue_ i-ow n on -F -EM A' Y;J-R-li v c , 1 P -a if R31 -1 -B h M-i--li-V-'` sT FL OODPLALN-ADMI N1 S TRA TO -Td es i g n aced C O ! N T e t� ads-i al- --fmi-P rieRGE--ate d L'-enzfy..d"i o V V Y V LCE- T PERMIT A permit it req u i rocl- fa -r - €$cua e -n -&r DC 9 a - LR EN-=�-- d g-i n -s _ with -in -a p- -PEG- - O -O -L- c4- - - aR EA (S F is . nm-its-a-r-e-Feq rhS _ to -en -F.441:24 -S; -p ro poed 9QP kiT pf-Gleat meet the rep -i-*e e n of th-e— -a- -n -i-F lood9-i-n -c s gee arm a -n -d -this ( � C FL OO:I°L A!off- AJA;4GF-MENT: The epee ation of an ov-srall-p- o-correctiz -e arnc1--;- -- i- mea -res for E=e u- F L OO Y -d &w including -but not -ed-to emergency p r rSnfl- -- 1-Ger ,IG-ths-an4-e-Pac w nt- -n-el-ui i i FLOODPLA, a LVA-GE dT O -Rte'- ��(0RDINr N ): Orodin.a-n-Ge enamed _ by tMe Board -of scion s -w cbLan-t-l410 T- le 29, AFt-i ale 20 .an -d- itle 80, A- G-i-e- i .; far the purpose e LrQ_ ema e prevention and — Su — ion. O•DP OO °p G: Gt-u-Ra1-arr�gtr-U ��11- ccf fis7 ek a, f -ec-e-r-a 9-pu m i -&T-R ULO--1�--�! R -1T-Sit-14--e-),eel ri- - u -,w c ding- -l- q-d--g-a-c storage wage to real estate, improeJ real party, water and sen-i-taPy se fl -s 4C -t Q - n the ice n toVic- FWQ#W !(REaAr-TORThiLFL 00D VW 4j -h- C= -mo w E,-- L of - C-W4R _ E a E fn -e- . �j CE —N 9-- a€-- h--n-u-- - s --e' _ FvS i-n- G-- r to c i --t BASE ��--umirthr-o-u ourm Y 1 ti ve l p i Y -e - J� `¢.Y F A C rE h A 1 Q N -m iS r � s'��.iii I t i- , C t� The he srf VD1b'o-a 'U U 141 JJJ � s- ac-dacd for tace sFgna e 9-- Re o l --b ed for studied reaoh-e akL e one- t- -i-ndhes e: Q ears of v-a-l-i-d— E T E ROF MAP —RE nag, _ L0OD e- e Uen _ may continue to u- 4h -e-- Pi- -ri --i-In-p 4ace at the time of the e ie-t-ilnfr L M�. F mapped FLO ODD -, re shown -en -the F and -F FM--m-a-p-sT #1 t n-- ai eration of the grou Gern-struetion next. to the ti- -sed e 1 -is -of -a --S - U C J- --E- Listed in the Nationa peat ere -Lim es f 31 ces (,a list -4 g ma a-i- add _ by the e Ufls --S- tes Secr e:a-ry— r e tae --(mod ona l--Regi meter; b G -tai-f r -preliminarily determined by the United Stateeeretary-of-dhe4nte-ri cs oan ei•St4n- to the historical significance of a registered historic district or a-c'I Oct preR n-inar-i-4-, e ne : : the Secretary to -q-ua yas-a- e i d. _ ndividually listed on the State inventory of historic p!a e n e mmtwW flth—h- s-torAG pFeSeRpation programs that have been certified lay4he State. LETTER OF MAPMA-RCHANGE n be i-n the form of a LOMR, _ ><OVA, LOMR or PMR. LET- MA officially revising the�ctiv l -PA acknowledta- eci r -ate propertyd-in sa--S-PECIAL FLOOD HA-ZA' - 228 L E T T � � ° �� ' -N (L -0 -MR): A letter from F E MA effiic is l — ev i s i rFg-- effeG i- M-A-m-a-ps d� v 3 iJ r r v-1 eJr letter a �. v �v e 1 and shows--4-n -F- 00-D--ao n e s, de l i n e a t i o n-s--a�i404s7 LETTER OF MAP REVISION BASED--QA-FILL (Q R --F): S MA's modification of -the FLOODPLA!N wn on the FIRM wed- on t h p4a c e ree d- L e u i•d-e-oj-t e e x€ -t 9 regulator nriWAY. .-ma-i-.-RUCTUR-Er-u-45-6A an earthen embank' n , signed and constructed in aceecd a n ce with so -u n d e n-g-i n e{erring pra-G is { --to contain, control or diver ,h -e -fl ow -o -f -water -o a s-t-o-p-ry id protection from to--- poa-N LEVEE S -YS- E I: A FLOOD orote t -item which onsis s o a LEVEE or LEVEES and associated - STRUCTURES, such -as closure d r ag.e devices, vla F - -- nstructed arid op a-te-d n accorda-nee LOWEST FLOOR: Th L -O �--EST-EL-QQ-Q f the Iow e d --a r i-nre--ad i-n-g any c rawAds-p-a c f -&--MEN ; . Any floor used--fwhich includes w rk -tof-age, sleepiny, cool rn-g --a•n4 ea#i-r-g or-reoreado n -�a R combinationthereef . This i nol-u -&-i-a-ny floor that eouid -be convected d to suh a use, sugh--as a BASEMENT or c,rawlspace. Any ui-n-is-hed--ter FLOOD -resistant -enclosure, usable solely flier parking of vehicles, BUILD -I -N -O --access or -r -n---a n area other an ----a B - M --N-1 a-i - , irs not eon--s-idor--a-B-UI-LD !O'S LOWEST FLOOR; provided that-suchenclosure is not -b -s t rogdsr- 9 S -T - T�- in \ otion of -the appIica,b'e nonel v-a-tion requirement-of't'l FR 60.3. MANYFAc-zruRED HOME: A -S R �ransp ; -lei-n on ) or re -tiens, en--a--p o e --n t ch a _ sfl-d-- -de- , -fo r ue �� i-th or with oul. p t; na- , n-t-.flt1 o n when con -n -c to the requiretED HOME does not ink- e -a-' ECREATIONAL VEHICLE, Foi e with the requirements o s; ii -s c°rticle, the same rules p ying to MAN-UFACTURED HO MANUFACTURED HOME PARK- BD/VI -10!\ A -parcel or contig ous _ parcels o - nd dixtri-ded- i-n-te-two (2) or more --MAN U FACTU RE-D-H-Qll, LCTS far -rent -or sale: MEAN Salk -LEVEL: For purposes of the -N ti a -1 Flood Insurance- Program, t- e N-a-ti,onal-Geo8e41e Vertical Datu-m (� 1P -)-e-3 1929, N o-rth--A-maanNec ca I Datum --{- or other datum to w -h SE FLOOD E L EVTI Nh own on the -CO U I` ! TY' S F L OO D --9-N S U RAN C E RATE W P�efer- e -mod- ` NEW CONS l R /OA ST -RU -'. bR-ES-- ror-wh-ioh the T'A.r-T-OF CON . ST -R'.:. -CTION commenced OR oreft r- eugast22, 1, and inclur n -y- eque;nt i-nopravements to such STR��--TUR-EC - -4/ M- WFAflTI ro ED HOME PARK OR SUBDIVISION: A -MA UF-A- TURE-D HOME PARK OR SU-B-DNI-S-IO-N for vi1= ---the const, ° tip- f faci -ties for servicing the 0T -S --on which the MAN-U-F.� a� T �! P. E D �� E to be of xed (1i -n c. �. d- �� +n r m , rho-i-n--ta �I-a4i-o of utilities, the ,� � 6 �� con s tr u€t o n ireis-and-eithi August -25;1481. ' e &-GER-74FI . be o rd-- of the i-l-ts-o-f e n g l--n-e-e ri g-a-nalysi-sconducted to determine wheth. r -a --pro j -t wi I--vtcre F -L -Q D-i-g-hts-i n a F-LQ -DWG L NO -RISE CERTIFICATION must be supported b-y-te - cal -d a -a- a n- i g n e d b-y--a--rreg-i-stesred--C el e--ra d p r -o oss--i e -n -a . The supporting - technical data should- -based on —the computer -program -model used to---d-lop—the 10 -0 --YEAR F-LOODw own -on the FIRM -or FEW - -ring-of G e Y--SbCA - - , E -rI Sb I (MR) : An -official re v isbn t---c-i=ce--n-t- v e ot-ive-F-E MA . PM——r--ace issued by - c -a-n-d---d-oeu- e n t a es _ to FLOOD ZO Gd-e lin-eatio n s and -elevations. PMR-s-genecally cover more h -an -ens ---(1--)- 1--R Qa-n-e - RECREA X0M°Wag: A -vehicle is l e which -is: a Built -en- -1e--h-aSsis; b. Q -n-d-r-ed (11,0W -square are feet or re —s -when measured a - the a-cges-heata-l- r -e t1e-r-i; c. Desig-n-e-d-tom se l Hp -rolled or permanently to h-gh tad-" t" c s; and I ii2 a r 14y--des-i-g n e d f as -ape r mane n t d w l l i-n g b u -i -q-u a r4eTis fa -reore tion-a 1, ca ran p i n -g ; t 1 or se -ate,.. s a -a- -E . 229 SPECIA k T±LO-0-DPLAIN within the COUNTY s ;oct to -a oprepercent or greater c-ka-n ce of FLOODING in any g iv ^ . Thy r a -m air -be -d -e -s od-a -mac AE, AH, AO or Al -A-9-9 on the -FIRM or FHBM. SPECIAL FLOOD HAZARD -AREAS arc period qtly amended d bi F MA via - a -L EAR --0--F MAP CHANGE. Tho o designated S F --AL F Lo O D HAZARD ZONE AREAS are as follovvs:- a. n .- proxir� y:to good, T is �. FLOOD -HAZARD R w�--BA EFL D • EVAT-laN and 1 - D factors ina-ve not been determined by FE AT h. Zo-ne AH is PECIAL FLOOD -HAZARD _ ARE where sh-a-flow-FLOQ-Di-cam- eou,rs and -depths a -Re bet en one (1) and three (3) -feet an B -E-FLOOD ELEVATION -S ---are shown but no ,- s 0 0 D -HP AR D fa — —tors h cartn--dSnn in S b-y-FI MA c. Zane AO is a SPECI F -L -W- -D HAZARD AREA -where shal-tow _ F--Q-DING occ rs and flee depths are -between one- ) and Ro FLOOD HAZARDto --have been d-te shown--b-ut and Al -A30 afo--S ECIAL FLOOD HAZARD -AREAS where BASE FLOOD ELEVATIONS and FLOOD -HAZARD factors have been_ rmne -y FEMA. e. Zone Band Zone X (sh -- -SPE A-LOOD HAZ-AR-D-AE etween th-e-limits at the -1-0-04l E A R---a-n: 5 500 -YEAR -FLOOD f. o -n and Zone X (unshaded-)-are-SPECIAL FLOOD -HAZARD AREAS -that are at minimal risk of FLO*DID -S R - ' Q -NS TRUP , (-pertaining to B -Js ! 1 G S or— UBES ) : The --date 4 he-B-U4L-D-il permit was issued, including BUILDING perrSts for SUBSTANTIAL IM CEMENTS, provided thatAhe actual -START —OF CONSTRUCTION, L .L • Tar improvemen: was with one-h-undred ei.�y (1-30) days of the permit date. The actual smart means the first-ermanen-t construction of a-S-TRUCTU-RE R on a site, such as fh-e-pouring of slab oho -o -n-g--ti nos a i-on of pile the construction o- of-urnns or any wok yo-nd the stage of e„- -tion; of the p,I, rent —o -f - MANUFACTURED HQ -E-on a foundation. Permanent -construction does not -in -dude land pre -part en; such as clearing, grad,1ng-a-n-d FI-L I G; nor does it incl-fl t -s to --ion of streets and/or ‘Ialkwwwayrs; nor does -it include ex-- - n for a BA,S BENT ootings, piers or foundations or the erection of temporary forms; n-o-r-d-oes it include the insta,lation on t eoroperty-of accessory B- LDINGS-, such-as-g-arages or sheth not occupied as -dw i-n- n-i-s—o- not part o he—, a o RUCTL Imo. For SUBSTANTIAL IMPROVEMENTS, the actual -S -RT C floor o -r other s- u -I- part of-a-B-ULD-!- 2 , whether or -not fl eans the first-aIte i< loei'- , t ai-o-n-a-ftec eke --e 4-e R -d-i-n : s i n of the BUILDING. STRUCTURE A -n yth+n g4kat-i s built, con -s ru cted or ere -cG , -y--e--d-if-ic-e no n d or a -r- Aee -of wit-iflei-a-1-1-pawilt up or composed of careined together -in -some dofin4ta..rna n erer, but not tnduding pd Wines, I -s-o-r distribution facilities utilities -Sudes a -walled or roofed BUILDING, a -gas or -o ge ta-n0-M-E east Nh-r-kiFtEcsf -r o in h-e-=T-P-UCTU- o its -before -damaged condition would equal or ems -ed--f4 y -e the nna4 v -a e . , the -STRUCTURE just prior to w -h the damage- occurred. S- .x- 71 Al ROVEME J e a eti-on truction o-r-irnprovenfl a STRUCTURE, the cost of which equals -exceeds f f r percent (5 -o -°/a) of the marlflue lie of the ST- C TLI RE efore-the TAR T-- -F TS UCT l of the improvement. This i o e, a STR U-CTU R E S S- 3-S-TANTIA-L- aAMAGE, reg-al-ss of the actual repair work per ormed. Th-e-term ones not, however, in-olud-e-e-itheLp a. f : { project for improvement of a STRUCTURE to comp -w h -existing -state or local heal-th-, sc'r. ei'"--a-fr� r code specifi fir,,ns nrhi� h -are so:& ec--esr to -au e safe !ivinn-G+-ti-ec-s OF A y- rati -n STF 1CTU R, -n -ti -n ued d e a- ra-ti-o-n will -Snot A -C STI U %dT URc . 230 VARIANCE : A grant of--retie-f to a person from a requirement -or requirements of -this ORDINANCE when spec-i- i-c enforeement would result —in- unnecessary hardsti-i-p. A VARIAN-C-E,-therye, permits co-n-str-uctTen or DD-EVELOPMENT in a manner otherwi-se--p-rohibi- dlaythis ORDINANCE.. VIOLATION : The failure of a STRUCTURE or other DEVELOPMENT ORDINANCE. WATERCOURSE: A natal or artificial channel throu- eAEr-re g u 1-ar1 y or i-ntreci u e -WADER SURFACE ELEVATI-O : The he h n-ret ,, - the-Nafi -nal Geodetic Vertical Datum an Vertical Datum (NAVD) of 1988 or other datum, where saecified, of a-nd- req-uencics in the FLOO-DP! AINS or riverine areas, ,� r FLOOD water can flow, FLOODS of v -a WA-TERTIGHT : Impermeabl-e-to the passage of water and capa h-yd-r-Synamis lea-d-s-andd the effects of buoyancy ARTICLE XII v Storm Drainage Criteria APPENDIX 23-C - PERMITTED SIGNS BY TYPE AND ZONE DISTRICT e -hydrostatic and Banner BANNER no SIGN Billboard BILLBOARD _Mot allowed in PUN Building BUILDING SIGN Building Marker BUILDING MARKER Canopy CANOPY SIGN Development DEVELOPMENT SIGN ;leg FLAG no no yes no yes/z no no no no no l no yes I yes yes yes/z yes/z yes Freesta n-d+n-g FREESTANDING yes SIGN I ieratif tion IDENTIFICATION SIGN I yes yes no no yes/z yes no yes l yes yes yes uri-n-g-a-BASE FLOOD. yes/z I yes/z yes yes yes yes yes yes yes yes/z yes/z yes/z yes/z yes/z yes yes yes no yes/z yes/z yes yes no no yes yes Incidental - INCIDENTAL SIGN yes/a yes/a yes/a 1 yes/a yes/a I yes/a yes yes yes yes/z yes/z yes yes/z yes I yes yes yes yes yes/z no yes/z yes yes/z yes 231 Off Site Directional OFF - SITE DIRECTIONAL yes/z I SIGN (not allowed in PUD) Political POLITICAL SIGN Real Estate Promotion -al REAL ESTATE PROMOTION SIGN Residential RESIDENTIAL SIGN Suspended SUSPENDED SIGN Tempe -Ea r TEMPORARY yes SIGN no no z yes/z yes/z yes no no no no no no no no yes yes yes yes yes .r no j no ' yes/z yes/z yes/z yes/z yes/z yes yes yes/z yes/z yes/z yes/z yes/z yes yes yes yes yes T yes/z yes/z yes no yes yes yes/z yes/z yes/z yes/z v yes/z yes/z yes/z , yes/z yes l yes l yes l no Window WINDOW SIGN yes no no yes no no yes/z yes/z yes yes l yes yes no i no no no yes l yes no yes/z no no no no no yes/z yes/z yes/z yes/z yes i yes yes l yes l yes 1/44_ no i yes yes I yes BEACONS, ROOF SIGNS, PENNANTS, inflatable, tethered balloons, PORTABLE SIGNS and strings of light bulbs used for oo a! COMMERCIAL purposes other than traditional holiday decorations are not allowed in any zone district. A Agricultural Zone District KEY TO ABBREVIATIONS R-1 Low -Density Residential Zone District R-2 Duplex Residential Zone District R-3 Medium -Density Residential Zone District R-4 R-5 High -Density Residential Zone District Mobile Home Residential Zone District C E I Estate Zone District C-1 C-2 Neighborhood Commercial Zone District General Commercial Zone District C-3 Business Commercial Zone District AY 232 C-4 Highway Commercial Zone District I-1 Industrial Zone District 1-2 Industrial Zone District 1-3 INS Industrial Zone District YES Institutional - €hu c-hes, schools, cemeteries, public parks n -facilities CHURCHES, SCHOOLS, CEMETERIES, PUBLIC PARKS and PUBLIC RECREATIONAL FACILITIES in Agricultural and Residential Zone Districts and Planned Unit Development (PUD) Zone District shall be evaluated by the underlying use(s) USE(S) unless otherwise stated Such SIGN is allowed without prior zoning approval YES/Z Such SIGN is allowed only with prior zoning approval NO YES/A Such a SIGN is not allowed • No COMMERCIAL MESSAGE of any kind allowed on SIGN APPENDIX 23-D - NUMBER AND DIMENSIONS OF INDIVIDUAL SIGNS BY ZONE DISTRICT AND TYPE g-a-nner BANNER SIGN 1 per NUMBER ALLOWED - MAXIMUM SIGN AREA. NkAte 40 sq. ft. zone lot ZONE LOT Billboard BILLBOARD (not allowed in PUD) Building BUILDING SIGN Building Marker BUILDING MARKER Canopy CANOPY SIGN 1 per zone lot ZONE LOT. No BILLBOARD shall be located less than 500 ft. from any other BillboaP BILLBOARD or OFF -SITE DIRECTIONAL SIGN. Billboard 300 sq. ft. No limit 1 per building BUILDING 1 per build-i-p-g BUILDING face On a given wall, the sum of all BUILDING SIGNS which require a zoning permit shall not exceed 8% of that wall's sq. ft. 4 sq. ft. MAXIMUM HEIGHT 40 ft. No higher than the top of the building BUILDING 10% of the vertical surface of the canopy or 25 sq. ft., whichever is smaller 233 other C & I - 150 sq. zones - 32 ft. all sq. ft. C & others I - 25 - ft. 8 all ft. 1 Planned Unit Development per Development PLANNED UNIT DEVELOPMENT DEVELOPMENT SIGN Minor or Major Subdivision A, R,&E-15sq. ft. A, R,&E-15 total ft. Wang FLAG 1 zone lot ZONE LOT per C, I & INS - 60 total sq. ft. C,I&INS-30 ft. A, INS - 1 zone lot ZONE LOT. C & I - 1 iz—e4-s-e--et per ZONE LOT, 1 A 16 ft. C & ft. per per each - sq. I - 25 Freest -a -n -6414g 500 ft. frontage 1 FREESTANDING SIGN different of road road greater.* frontage, or whichever per each is C INS & I - 150 sq. - 32 sq. ft. ft. INS A - - 6 15 ft. ft. Identification 1 tenant located the . per within IDENTIFICATION SIGN bui p -c ji,Lg BUILDING 2 sq. ft. 4 ft. Incidental INCIDENTAL N/A SIGN N/A N/A C, I & A - 1 gone lot ZONE LOT. No per i iG 'i • OFF of -f ---sae .g -SITE DIRECTIONAL SIGN be located OFF -SITE DIRECTIONAL shall C & I - 300 sq. ft. C & I - 40 ft. SIGN (not allowed in less than 500 ft. from any other A 150 ft. ft. I bit r board BILLBOARD or Off Site - sq. A - 30 ' PUD zoning) i r o t4sn-a S OFF -SITE DIRECTIONAL SIGN. P94-iticai POLITICAL No limits SIGN No limits No limits {c Real Estate Promotional REAL 1 double- per public access single- or ` ESTATE PROMOTION faced 48sq.ft.each 12 ft. 1 SIGN (On -Premises) I e I Estate 2 double-faced; have P -o-n4 REAL single- or must --rem , landowner 300 ft. ESTATE PROMOTION permission, min. 48 sq. ft. each 8 ft. SIGN(Off-Premises)spacing 234 Residence RESIDENTIAL SIGN 1 per wane t ZONE LOT a -Pit TEMPORARY SIGN Wa-U WALL SIGN Window WINDOW SIGN R-2 R-3 1 per zone log ZONE LOT 1 sq. ft. A,R,&E-4sq.ft. C, I & INS - 8 sq. ft. 6 ft. A,R,&E-6ft. C, I & INS -8ft. N/A N/A N/A 25% of total window area KEY TO ABBREVIATIONS Agricultural Zone District Low -Density Residential Zone District Duplex Residential Zone District Medium -Density Residential Zone District High -Density Residential Zone District R-5 I Mobile Home Residential Zone District C-1 C-2 C-3 r - C -4 I-1 Estate Zone District Neighborhood Commercial Zone District General Commercial Zone District Business Commercial Zone District Highway Commercial Zone District Industrial Zone District Industrial Zone District 1-3 Industrial Zone District 235 Institutional Churches, sch CHURCHES, SCHOOLS, CEMETERIES, PUBLIC PARKS and PUBLIC RECREATIONAL FACILITIES in INS Agricultural and Residential Zone Districts and Planned Unit Development (PUD) Zone District shall be evaluated by the underlying use(s) USES(S) unless otherwise stated. C r * SIGNS calculated by road frontage must be constructed in the 500 feet of road frontage or on the different road frontage, they may not be grouped. APPENDIX 23-E - PERMITTED SIGN CHARACTERISTICS BY ZONE DISTRICT Si .. �I %(PE .....:_. ,« .:;i r. -..,:.-.. ... ......-....t:_<.::.. y�+,ys ryy 7(!_•e r qy _....:_..-..,.,_...,., r -z qg` I _._..........a_.i..-......... C-1 x,s /ice C2 .__. ,,.., . /.. 5.vs -4 k. ... 1-� E. rt4 / ° >: ��.< > V/ GaD..:. .m-rr.. l- INS ..ern.• - 4 no no no no no no no no no no tF no Animated ANIMATED SIGN no no no no no no no yes yes yes yes yes yes ; yes yes Changeable Copy CHANGEABLE COPY SIGN no no no no no no no yes yes yes ' yes yes yes yes no Illumination, Internal a* no no no no yes yes l yes yes yes yes yes yes dyes 1 yes yes Illumination, External a yes yes ° yes yes Illumination, Neon Exposed Bulbs or no no no no no no no no no no no nono no no A R-1 R-2 R-3 R-4 r KEY TO ABBREVIATIONS Agricultural Zone District Low -Density Residential Zone District Duplex Residential Zone District Medium -Density Residential Zone District High -Density Residential Zone District R-5 ' Mobile Home Residential Zone District E Estate Zone District 236 C-1 C-2 C-3 Neighborhood Commercial Zone District General Commercial Zone District Business Commercial Zone District C-4 Highway Commercial Zone District -1 1-2 Industrial Zone District 1 Industrial Zone District 1-3 Industrial Zone District INS Institutional facilities CHURCHES, SCHOOLS, CEMETERIES, PUBLIC PARKS and PUBLIC RECREATIONAL FACILITIES in Agricultural and Residential Zone Districts and Planned Unit Development (PUD) Zone District shall be evaluated by the underlying use(s) USES(S) unless otherwise stated YES I - such SIGN is allowed NO * - TEMPORARY SIGNS may not be illuminated - such a SIGN is not allowed APPENDIX 23-G - LIST OF REFSRAL AGENCIES A. Owners, operators, or users of any irrigation ditch, lateral, or pipeline that traverses the property. B. Any municipality or county whose boundaries are within three (3) miles of the site. C. Weld County departments and offices, including but not limited to: 1. Building Inspection. 2. Code Compliance. 3. Floodplain Administrator. 4. Public Health and Environment. 5. Department of Public Works. 6. Extension office. 7. Office of Emergency Management. 8. Sheriff's Office. D. State agencies, including but not limited to: 1. Colorado Department of Public Health and Environment. 2. Colorado Department of Transportation. 3. Colorado Geological Survey. 4. Colorado Oil and Gas Conservation Commission. 5. Colorado State Division of Wildlife. 6. Colorado State Engineer, Division of Water Resources. 237 7. Colorado Water Conservation Board. 8. History Colorado. 9. Public Utilities Commission. E. Federal agencies, including but not limited to: 1. Bureau of Alcohol, Tobacco, Firearms, and Explosives. 2. Environmental Protection Agency. 3. Farm Service Agency (USDA). 4. Federal Aviation Administration. 5. Federal Communications Commission. 6. Federal Emergency Management Agency. 7. Food and Drug Administration. 8. Natural Resource Conservation Service (USDA). 9. U.S. Army Corps of Engineers. 10. U.S. Bureau of Land Management. 11. U.S. Bureau of Reclamation. 12. U.S. Fish and Wildlife Service. 13. U.S. Forest Service. 14. Western Area Power Administration. F. Airports. G. Conservation districts. H. Fire districts. I. Poudre Trail Authority. J. Railroads. K. Special districts. L. Utility companies. M. Any other agencies or individuals whose review the Department of Planning Services deems necessary. AR flCR E flU a Code Standards Seca 2°=2411©. eblli mManwfacthred home DnstalIDatDon standards. Any meal -le c -r 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 Coloraoo 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. Setbacks. Zoning setbacks shall meet the requirements set forth in Chapter 23 of this Code. Additionally, distances from other structures or property lines shall be as specified in R302 of the IRC. B. Foundations. 1 Basement or crawlspace foundations and any manufactured structure that requires a Flood Hazard Development Permit for mobile or 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. 238 2. An architect or engineer licensed by the State may perform all foundation, perimeter drain, dampproof and concrete encased electrode inspections. If this option is used, setback and offset distances must first be approved by Weld County Building Inspectors, and a stamped letter from the architect or engineer must be received and approved by the Building Inspection Department prior to any other inspections on the home. This letter must state that the architect or engineer did perform the inspections and that the work is consistent with the design drawings for the foundation. 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 -o b4te-or 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. When manufactured homes are required to be permanently installed under the provisions of Chapter 23 of this Code, they shall be groundset, forming a crawlspace under the home. Dirt shall be sloped away from the house at a minimum grade of two percent (2%). Finished grade against the home shall be a minimum of six (6) inches and a maximum of twelve (12) inches below the exterior siding. The crawlspace shall meet the requirements for ventilation and access openings as found in Section R408 of the IRC. C. Skirting. Skirting shall be provided around the bottom of the •mobile- or 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 mobile and manufactured homes for the purpose of ground setting shall be constructed so as to resist loads due to lateral pressure. 2. All wood used in retaining or crib walls shall be treated wood. E. Landings and steps. Landings and steps shall meet the standards of Section R311 of the IRC. F. Minimum plumbing requirements. Every m-e-b-i-i-e-an4 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. O. Approved sewage disposal. All 1Gbile,, 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 mob-i9e-o-r 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 oas Ma Sec. 29-7-1O re ufactured r Facts«pry=Built (Modular) Home Permits ermit required. No m-o-b-iie, 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. 239 Sec. 294-20. a Additions, alterations or repairs. MettiterrnManufactured or factory -built (modular) homes to which additions, alterations or repairs are made shall comply with all requirements of this Building Code. A separate building permit shall be applied for as provided for in Article III of this Chapter. Sec. 29-7-30. - Connection of two -e4,ik e- manufactured h , - , s for his cc an habitation. No more than two (2)mobile or manufactured homes may be connected or physically attached. The following requirements shall be met: A. Two (2) complete sets of plans shall be submitted to the Building Official. B. No intervening walkways, breezeways, rooms or other structures shall be located between the two (2) units C. The units shall be attached so as not to interfere with light and ventilation requirements of all rooms. D. Escape routes of all bedrooms shall not be blocked or impaired. E. The two (2) units shall be used as a single-family dwelling as defined in Chapter 23 of this Code. F. Construction and all required inspections shall be completed and finalized within one (1) year from the date of issuance of the building permit. 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 mobile, manufactured, 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. Sec. 29-7-60. - Zoning compliance. Prior to the release of a mobil -T 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. Sec. 29-7-80. m Fees. Any person desiring a permit for a mobile7 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. Seca 294=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 cneb4e, manufactured and factory -built (modular) homes. 240 Hello