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Home My WebLink About20192115.tiffWELD COUNTY CODE ORDINANCE 2019-02 IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS, CHAPTER 14 HEALTH AND ANIMALS, CHAPTER 23 ZONING AND CHAPTER 29 BUILDING REGULATIONS, OF THE WELD COUNTY CODE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF WELD, STATE OF COLORADO: WHEREAS, the Board of County Commissioners of the County of Weld, State of Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, the Board of County Commissioners, on December 28, 2000, adopted Weld County Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld, including the codification of all previously adopted ordinances of a general and permanent nature enacted on or before said date of adoption, and WHEREAS, the Weld County Code is in need of revision and clarification with regard to procedures, terms, and requirements therein. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County of Weld, State of Colorado, that certain existing Chapters of the Weld County Code be, and hereby are, repealed and re-enacted, with amendments, and the various Chapters are revised to read as follows. CHAPTER 14 HEALTH AND ANIMALS Amend Sec. 14-4-20. Failure to control. It is unlawful for the owner or any person having custody of any dog to fail to control said dog4 within the County, except the portions of the County which are within the city limits of any incorporated municipality within the County. An owner or other person having custody of a dog shall be deemed not to control a dog under the following circumstances: A. thru E.4. — No change. 5. It shall be an affirmative defense to an alleged violation of Subsection A above if a Use by -4 Special Review permit has been approved by the Board of County Commissioners and a platmap recorded in the County Clerk and Recorder's Office for a kennel in order to exceed the maximum number established in Chapters 14 and 23 of this Code. 0. It shall be an affirmative defense to an alleged violation of Subsection A above if a zoning permit has been approved by the Department of Planning Services or Board of County Commissioners in order to exceed the maximum number established in Chapters 14 and 23 of this Code. Remainder of Section — No change. PAGE 1 2019-* ORD2019-02 Commented [JF1]: Formatting: It may save a page or two to delete the extra line spaces and format all paragraphs throughout to have 6 pt after instead. The easiest way to do this is to change the format of the "Normal" style. This style should also be changed to Arial, 11 pt font and that should take care of Word reformatting fonts to Times. Let me know if you need help with this. Also, you may need to change the indentations from .25 to .3 to accommodate the double letters. Formatted: Widow/Orphan control, Keep lines together •7 . 1 Y J • - .1 a • .s 0. •r •• • • . °N f ' Formatted: Keep lines together a •. . •..: - •l- . I e. • •; 5 3,. dt, , PC. o .1 • %,, Formatted: Widow/Orphan control, Keep lines together 2019-2115 CHAPTER 23 ZONING Amend 'Sec. 23-1-20. Authority. The County is authorized by law to regulate zoning, planning, subdivisionSUBDIVISION off land_ and Bui4d-ingBUILDINGS by virtue of Section 30-28-101, et seq., C.R.S.; to regulate certain activities on and usesUSES of land by Section 29-20-101, et seq., C.R.S.; to designate and administer areas and activities of state interest by Section 24-65.1-101, et seq., C.R.S.; to regulate PLANNED UNIT DEVELOPMENTS by Section 24-67-101, et seq., C.R.S.; to establish the point at which statutory vesting occurs pursuant to Section 24-68-101, et seq., C.R.S.; and to exercise the powers of a Board of Health to adopt rules and regulations pursuant to Section 25 1 507(1)(4325-1-508(5)(q), C.R.S. In addition, the COUNTY is authorized to regulate zoning, planning, subdivisionSUBDIVISION of land, and BuildingBUILDINGS by virtue of the Home Rule Charter. Should further authorizing legislation exist or be enacted, this Chapter is additionally deemed to be enacted pursuant thereto, except to the extent it may be inconsistent therewith. Amend Sec. 23-1-50. Interpretation. A. thru I. — No change. J. All ULSES Allowed by Right, Temporary Uses anc Uses by Specia Review listed in this Chapter are representative and are not all i-nslusivveexclusive. Amend Sec. 23-1-80. Implementation procedures. 4 41 C A. Repeal of Previous Zoning Resolution: Applicable only to 1981 Redistricting. The Official Wel& County Zoning Resolution adopted May 29, 1961, was repealed on August 18, 1981. The Official Weld County Zoning map in hard copy is replaced with the digitized version of this map that is maintained in joint cooperation with the Weld County Assessor's Office and the Weld County GIS office. The digitized map is available electronically through the County webpage and is updated periodically. The maps accompanying -the repealed Official Weld on shall be amended according to the redistricting procedures in Subsection B below. The Weld -County Rood-Haza-rd Overlay District Zoning Maps, recorded -tiro-ugi '8229O8, i-nc usive; anc the Geologic Hazard Area Map of Potential Ground Subsidence Areas in the County recorded this Section. The repeal of the Official Weld County Zoning Resolution shall not prevent the prosecution and punishment of any person for any violationVIOLATION committed prior to its repeal and map amendment. The repeal of the Zoning Resolution shall not affect or repeal any conditions or standards imposed as a condition for approval of any land use decision by the Board of County Commissioners prior to the effective date of the Zoning Ordinance codified herein and any amendment thereto. B. REPEAL`D.Rcdistricting Procedure for Amending the Official Zoning Map. PAGE 2 2019-* ORD2019-02 Commented [JF2]: Insert "Article I - General Provisions."? Formatted: Keep lines together Formatted: Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted Formatted: Keep lines together Intent. The repealed Official Weld -County Zo i-ng Ro-solution an -d -accompanying map -contain zone district classifications which arc different from the zone district classifications in this Chapter. The intent of this redistricting procedure is to ensure an orderly and harmonious transition from the -reps-a-led Official Weld County Zon-ing Map zone district classifications to the zone -district classifications in this Chapter. The Planning Commission and the Board of adoption of the Zoning Ordinance codified herein and the amendment to the Official Weld County Zoning Map. It is not the intent of the redistricting process to correct zoning errors or deficiencies or faulty zoning, or to rezone land because of changing conditions or because it does not conform to tie provisions container in C iapter 22 of tiis Coce. a. If a parcel of anc ias been origina y zonec by tie Boarr of County Commissioners under tie provisions of tie We r County Zoning Reso ution ane tiat parce now contains a number of separate parcels and different USES, the -Planning Commission and the Board of County Commissioners may redistrict the entire parcel of land to the least restrictive zone district in this Chapter which most closely -corresponds to -the previous zoning -within the or-igin-a-I-zone district boundaries. b. A anc zonec Agricu tura on tie Officia Zoning IVap of tie repea ec We d County Zoning Resolution will be renamed Agricultural on the Official Zoning Map of the Weld County Zoning Ordinance — c. All land zoned Estate and Resicentia on tie.O flcia Zoning Map of the repealed Weld County Zoning Resolution will be renamed R 1 on the Official Zoning Ma Ordinance. Developed land or land which has an existing USE which is zoned High Density RESIDENTIAL on the Official Zoning Map of the repealed Weld County Zoning Resolution will be renamed to the most appropriate R 2, R 3 or R-4 RESIDENTIAL Zone District on the Official Zoning Map of the Weld County Zoning Ordinance according to the existing use. Undeveloped land which is zoned High Density RESIDENTIAL on the Official Zoning Map of the - 3 or R 4 RESIDENTIAL Zone-D-istrict on the Official Zoning Map of the Weld County Zoning Ordinance according to the intent or conditions of the original zone amendment or according to the procedures estab i-s-hed-in this Subsection 1 and Subsection 2 below. All land zoned MOBILE HOME on the Official Zoning Map of the repeal d Weld -County Zoning Resolution will be renamed R 5 on the Official Zoning Map -of the Weld County Zoning Ordinance — c Deve opec anc or anc wiici ias an existing USE wiici is zonec Transitiona on tie Oficia Zon-i-ng--M-ap of the repealed Weld County Zoning Resolution will -be renamed to the -most appropriate Residential or Commercial Zone District on tie Officia Zoning Map of tie We c County Zoning Ordinance according to the existing USE. Undeveloped -land which --Es zoned Transitional on tie Officia Zoning Map o= tie repea ec We c Count' Zoning Reso ution wi be renamed to the most --appropriate RESIDENTIAL or COMMERCIAL Zone District on the Officia Zoning Mao of tie We c County Zoning Ordinance according to tie intent or conditions of the origin -al zone amendment or according to the procedures established in this Subsection 1 and Subsection 2 below. e. Developed land or land which has an existing USE wiici is zones Business or COMMERCIAL on the Official Zoning Map of the repealed Weld County Zoning Resolution will be renamed to the most appropriate COMMERCIAL, Industrial or Agricultural Zone District on the Official Zoning Map of tie We c County Zoning Ordnance according to tie existing USE. Undeveloped land zoned -Business or COMMERCIAL on the Official Zonin^ Map of -the repea ec We c County Zoning Reso ution wi be renames C on tie Officia Zoning Map of the Weld County Zoning Ordinance. PAGE 3 2019-* ORD2019-02 Formatted: b5, Indent: Left: 0", Hanging: 0.25", Space After: 6 pt, Keep lines together All land zoned Scientific on th p of the repealed -Weld County Zoning Ordinance. g. �- Zoning Map of the repealed Weld County Zoning Resolution will be renamed to the most appropriate Industrial, COMMERCIAL or Agricultural Zone District on the Official Zoning Map Of -the Weld County Zoning Ordinance according to the existing USE. Undeveloped or vacant Resolution will be renamed to I 1 on theOffs Ordinance. my Zoning may -be redistri zone district in this Chapter due -to the 7 he following standards to determine the most appropriate zone district designation for the USE and the property: The Planning Commission and the Board of County Commissioners shall consider the intent statement in Subsection -1 -above these standards, there is still a choice between two (2) different zone districts, the Planning mmissioners shall consider -the -following standards: and the other zone -district woul the USE by right. this Chapter would allow the USE by permit, the Planning- mis-sion and Board of County in+ho text of this Chapter to determine the most appropriate zone district to assign to the property. a If both zone districts i-this Chapter wool -ig-h-t or if both zone districts in Ge„ isoie-n---a nd the Board of County Commissioners cannot mace a aetermination for naming a new zone district based upon tie stanoarc the Planning Commission and Board of -County Commissioners shall assign a district d. If a landowner has initiated substantial DEVELOPMENT of a Darce of anc anc tiis DEVELOPMENT is allowed in the zone district under the provisions of the repealed Weld County Zoning Resolution, but is not permitted in the zone district proposed under the provisions of -this Chapter, the Planning Commission and the Board of County --Commissioners may redistrict a legally definable part of the land or the entire parcel to a zone district in this Chapter which would allow the USE as a use allowed by right or by permit. Substantial DEVELOPMENT of the --property which conforms to the provisio regulations. PAGE 4 2019-* ORD2019-02 3 -.—Minor Corrections. A property owner may request a meeting before -the -Beard of County Commissioners for the -Purpose of ma -sing a minor correction resu ting from tie app ication of the redistricting procedures by the -Boar -d -of County Commissioners. This request shall be filed with the Clerk to the Board of County Commissioners within one hundred eighty (180) days of -August 18;-1981. Such request for -a minor correction shall be -in writing--a-nd-d-i-r-eat to -the Boa -rd of County Commissioners, and shall state therein the specific reasons for such -request The Board of County Commissioners shall consider such request at a regularly scheduled meeting within a reasonable period of time, and at such meeting may initiate any m-inor corrections--+t-deems necessary. C. REPEALED.Transition to Chapter 27, Planned Unit Development. 1. All properties which have received land use approval for a change of zone to PUD prior to* the -effective -date of Ordinance No.-1--97-9a-nuary 27, 1998) and meet the -fallowing addi er�al conditions shall adhere to regulations and processing method for PUD development set forth in -this Chapter: a. The a pp ication for fina p an conforms to t le aoproved PUD District; and - b. Tea -e-- applicant has diligently -pursued -the -final plan or has received an extension of -tinge in accordance with Section 23 2 790 E of this Chapter. 2. All other PUD applications shall -adhere to the rules and regulations as set forth in Chapter 27 of this Code. Amend Sec. 23-1-90. Definitions. 4 - For -the -purposes of this Chapter, certain -terms or words used herein -shall -be -interpreted asa defined in this Section. The following specific words and phrases, when appearing in this Chapter in uppercase letters, shall have the meanings stated in this Section: 100 -YEAR FLOOD: A FLOOD having a recurrence interval that has a one (1) percent chance - of being equaled or exceeded during any given year. The terms "one hundred -year FLOOD" and "one -percent -chance FLOOD" are synonymous with the term 100 -YEAR FLOOD. The term does not imply that the FLOOD will necessarily happen once every one hundred (100) years, 100 -YEAR FLOODPLAIN: The area of land susceptible to being inundated as a result of the occurrence of the 100 -YEAR FLOOD. 500 -YEAR FLOOD: A FLOOD having a recurrence interval that has a two -tenths (0.2) percent chance of being equaled or exceeded during any given year. The term "0.2 -percent -chance FLOOD" is synonymous with the term 500 -YEAR FLOOD. The term does not imply that the FLOOD will necessarily happen once every five hundred (500; years. 500 -YEAR FLOODPLAIN: The area of land susceptible to inundation as a result of the 500 - YEAR FLOOD. ACCESSORY BUILDING, STRUCTURE, or USE : any BUILDING, STRUCTURE, or USE -4 which: a. Is subordinate in purpose, area or intensity to the principal PRINCIPAL BUILDING or USE served-, b. Is normally associated with the principal BUILDING or USE.. -1 c. Contributes to the needs of the occupants, business enterprise or industrial operation within the principal -PRINCIPAL BUILDING or USE served:, and d. Is located on the same LOT as the principal PRINCIPAL BUILDING or USE. PAGE 5 2019-* ORD2019-02 Formatted: p2, Keep lines together 1 Formatted: p2, Indent: Left: 0", Hanging: 0.25", Keep lines together Formatted: Widow/Orphan control, Keep lines together ( Formatted: Keep lines together ICommented [JF3]: Remove underlining (all). Formatted: Widow/Orphan control, Keep lines L together Formatted: Not Highlight Commented [JF4]: Find and replace spaces before colons. Formatted: Keep lines together 1 ADDITION: Any activity that expands the enclosed footprint or increases the horizontal square - footage of an existing STRUCTURE., ADJACENT : When used to indicate land in the immediate vicinity of a LOT, means landi which shares a boundary line with the LOT in question or which would share a boundary line were it not for the separation caused by a STREET/ROAD or ALLEY. ADULT BUSINESS, SERVICE or ENTERTAINMENT ESTABLISHMENT: Any business, service or entertainment establishment open to the public in wh ch persons appear in a STATE OF NUDITY for the purpose of entertaining patrons at such establishment. This definition choulddoes not include any establishments offering such entertainment where those establishments hold a valid liquor license pursuant to the Colorado Liquor Code or Beer Code. AGRICULTURAL PRODUCTION: Processing, packing, sorting, mixing, and/or blending of crops and other plants grown on premises and/or processing, packing, sorting, storing, drying, mixing, blending, and/or selling of crops and other plants grown off premises, and BUILDINGS and STRUCTURES related thereto. AGRICULTURAL PRODUCTION does not include production of ethanol or alcoholic beverages. See also FARMING. AGRITAINMENT: A USE ACCESSORY to FARMING, open to the paying public, and typically including attractions such as amusement rides, corn mazes, haunted houses, petting zoos, and the like. AGRITAINMENT may also include live entertainment such as musical or comedy performances but excludes rodeos and racing events. AGRITOLIRISM: A USE ACCESSORY to FARMING offered as a vacation destination, open to the paying public, where guests experience life on a farm or rar ch and may include recreational attractions such as horseback rides, hiking, and the like. AGRITOURISM OURISM excludes rodeos and racing events. AIRPORT: No change. Any locality, situated on water or land which is adapted for the landing and taking off of aircraft and which may provide facilities for shelter, supply and repair of aircraft, or a place used USED regularly for receiving or discharging passengers or cargo by air. Includes all land, BUILDINGS, STRUCTURES or other improvements necessary or convenient in the establishmen` and operation of an AIRPORT, Delete AIRPORT. AIRPORT (This definition applies on4y to AIRPORT when Lsed in the District): Gree ey We c County Airport, ocateo in Sections 2 and 3, T5N, and Sections 26 and 35, T6N, R65W of -the 6th P.M., Weld County, Colorado. AIRPORT ELEVATION : The established elevation of the highest point on the usable land4 area of the GREELEY-WELD COUNTY AIRPORT (four thousand six hundred ninety [4,690] feet above sca lcveIMEAN SEA LEVEL). Delete AIRPORT HAZARD. AIRPORT HAZARD : Any structure, tree or use of land which obstructs the airspace required for, or is otherwise hazardous to, the flight of aircraft -+n -landing or taking off -at the airport. AIRPORT REFERENCE POINT : The point established as the geographic center of then GREELEY-WELD COUNTY AIRPORT landing area. The re-erence point at Greeley Weld CountyGREELEY-WELD COUNTY AIRPORT is a point three thousand one hundred (3,100) feet west of the east line of Section 2, T5N, R68W of the 6th P.M., VVeld County, Colorado, and two thousand two hundred fifty (2,250) feet south of the north line of said Section 2, which geographical coordinates are Latitude 40°26'8" north and Longitude 104°37'55" west. PAGE 6 2019-* ORD2019-02 Formatted: Font: 11 pt, Not Highlight Formatted: Line spacing: Multiple 1.15 Ii, Keep lines together Formatted: Font: 11 pt 1 Formatted: Keep lines together Commented [JF5]: Normally I might not worry about changing this, but it's confusing since there are two "airports" and we're deleting one, so I looked at the one we're keeping and noticed "used" should be CAPS. Amending it would make the revision clearer. Formatted: Highlight LCommented [JF6]: Insert paragraph return. 1 Formatted: Keep lines together Commented [JF7]: Insert paragraph return. ( Formatted: Keep lines together AIRSTRIP : - No change. ALLEY: A minor PUBLIC or private STREET/ROAD primarily for vehicular service access to the rear or side of LOTS otherwise abutting on a STREET/ROAD. ALLEYS have thirty (30) feet of RIGHT-OF-WAY width or less. For the purposes of enforcing OFFSETS only, ALLEYS shall not be considered STREETS/ROADS. ALTERATION OR RELOCATION OF A WATERCOURSE: Any DEVELOPMENT which changes the direction of flow of water in a river or stream. Any CHANNELIZATION of a river or stream is also considered to be an ALTERATION OR RELOCATION OF A WATERCOURSE. ANIMAL BOARDING : The maintaining of LIVESTOCK, other than those owned by the property owner and where any of the following are provided: shelter, care, confinement, feed and water. ANIMAL UNIT: A term and number used to establish an equivalency for various species of LIVESTOCK. The number of LIVESTOCK allowed by right is dependent upon bulk requirements of the A (Agricultural), A-1-(Co-noen-traced-Animal), E (Estate) orand R-1 (Low -Density Residential) Zone District. LIVESTOCK in excess of the bulk requirements for the Agricultural Zone District shall require a Use by Special Review Permit for a LIVESTOCK CONFINEMENT OPERATION or ANIMAL BOARDING and animal TRAINING FACILITY. In the A 1 Zone District, the applicant shall specify the maximum number o` AN VA_ LN —S anc species :o be associate. wi:i :ie Livestock-C.onfinern Operation. All-Livestock-Confi-nement Operations in the A-1 Zane --District require a Site Plan Review and are subject to the Site -Plan Review requirements outlined in Artiste It--D-i•vision 3, -of -this Code. All LIVESTOCK shall have the following ANIMAL UNIT equivalents and bulk requirements contained in Tables 23.1A, 23.1B, and 23.1 CL and 23.1D below: Table 23.1A ANIMAL UNITSA-n-imaI Units in the A (Agricultural) Zone District Cattle Bison Mule Ostrich Elk ANIMAL UNI TAnimol Unit Equivalents 1 1 1 1 1 Number of Animals Equivalent to One Animal - 4Jn3tANIMAL UNIT 1 1 1 1 1 Maximum Number of Animals per Acre Less Than 120 Gross Acres 4 r 4 4 Less than 320 Gross Acres, or a Minimum of 4 of a Quartar Section120 Gross Acres Less than 640 Gross Acres, or a Minimum of of a Section324 Gross Acres 6 P 8 6 4 6 6 Mi.wv..+4..0 6 PAGE 7 8 8 8 8 640 Gross Acres or Greater, or a Minimum of 1 Section 10 10 10 10 10 2019-* ORD2019-02 a 4- Formatted: Highlight 1 Commented [JF8]: Make sure definitions aren't italicized. Formatted: Widow/Orphan control, Keep lines together Commented [JF9]: Could you say "Remainder of table unchanged" and eliminate the rest of the table? (Same for next two.) If not, you might format the paragraphs to eliminate extra space. Formatted: Widow/Orphan control, Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Widow/Orphan control, Keep lines together Horse Yak Camel Swine Sheep Llama r Goat Alpaca r Poultry Rabbit 1 1 1 .2 . 1 . 1 . 1 .075 .02 .02 1 1 4 1 1 5 10 10 10 13 50 50 4 4 20 40 40 40 52 200 200 6 6 6 30 60 60 60 78 300 300 8 8 8 40 80 80 80 104 400 400 Table 23.1B ANIMAL UNITSAnimal Units in the E (Estate) Zone District Cattle Horse Swine Mule Burro Sheep Animal UnitANIMAL UNIT Equivalents 1 1 1 1 1 .5 Number of Animals Equivalent to One Animal UnitANIMAL UNIT 1 1 1 1 1 2 PAGE 8 10 10 10 50 100 100 100 130 500 500 Maximum Number Per Gross Acre 1 1 1 1 2 2019-* ORD2019-02 4- 4- 4 - Formatted: together Widow/Orphan control, Keep lines l Formatted: together Widow/Orphan control, Keep lines Formatted: together Widow/Orphan control, Keep lines l f Formatted: together Widow/Orphan control, Keep lines 1 • Formatted: together Widow/Orphan control, Keep lines 1 Formatted: together Widow/Orphan control, Keep lines 1 Formatted: together Widow/Orphan control, Keep lines 1 1 Formatted: together Widow/Orphan control, Keep lines 1 Formatted: together Widow/Orphan control, Keep lines Formatted: together Widow/Orphan control, Keep lines l Formatted: Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Widow/Orphan control, Keep lines together - Formatted: Widow/Orphan control, Keep lines together • Formatted: Widow/Orphan control, together Keep lines • Formatted: Widow/Orphan control, together Keep lines Formatted: Widow/Orphan control, together Keep lines Formatted: Widow/Orphan control, together Keep lines Goat Llama Alpaca • Cattle Horse i. ,.. i Swine Llama Alpaca Sheep Goat . 5 . 1 .075 2 10 13 25 25 x 2 10 13 25 25 Table 23.1C ANIMAL UNITSAnimal Units in the R-1 (Low -Density Residential) Zone District !— Animal UnitANIMAL UNIT Number of Animals Equivalent to One ► Maximum Number Equivalents Animal UnitANIMAL UNIT 1 1 1 . 5 . 5 . 2 .2 1 1 1 2 2 5 5 Per LotLOT 2 2 1 4 --4 4 10 10 Poultry Rabbit . 02 . 02 PAGE 9 50 50 100 100 2019-* ORD2019-02 - Formatted: together Widow/Orphan control, Keep lines Formatted: together Widow/Orphan control, Keep lines Formatted: Widow/Orphan control, Keep lines together Formatted: together Widow/Orphan control, Keep lines Formatted: together Widow/Orphan control, Keep lines fFormatted: Keep lines together Formatted: Widow/Orphan control, Keep lines together 1 Formatted: together Widow/Orphan control, Keep lines 1 Formatted: together Widow/Orphan control, Keep lines f Formatted: together Widow/Orphan control, Keep lines Formatted: together Widow/Orphan control, Keep lines I Formatted: together Widow/Orphan control, Keep lines Formatted: together Widow/Orphan control, Keep lines Formatted: together Widow/Orphan control, Keep lines Formatted: together Widow/Orphan control, Keep lines Formatted: together Widow/Orphan control, Keep lines 1 1 Delete Table 23.1 D. Animal Units in the A-1 (Concentrated Animal) Zone District Table 23A -D Animal Units in -the --A 4- (Goncentr-ated Animal) -Zone -District Maximum Number of Animals Acre Number of per - Animal Unit Animals Less - • than 320 Less than 640 €40 Gross Acres Equivalents - Equivalent to 1- Gross Acres, Gross Acres, - Animal Unit ; or a Minimum or a- Minimum or Greater, or a - - ofa- of % of Mirdrnum of 1 Quarter Section - 2 Section Section Cattle 1 6— -1 8— 10 1 Bison 1 6— S— 10 Mule 1 - 1 6— 8— 40— I Ostrich 6— S— 10— Elk 1 1 6— 8— 10 i Horse 1 4— 6— 8— 10 Swine 5— 30— 40— 50 :2— Sheep 10— 60— 89— 100 PAGE 10 2019-* ORD2019-02 4- 4 4 Formatted: Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Widow/Orphan control, together Keep lines Formatted: Widow/Orphan control, together Keep lines Formatted: Widow/Orphan control, together Keep lines Formatted: Widow/Orphan control, Keep lines together Formatted: Widow/Orphan control, together Keep lines Formatted: Widow/Orphan control, together Keep lines Formatted: Widow/Orphan control, together Keep lines Formatted: Widow/Orphan control, together Keep lines Formatted: Widow/Orphan control, together Keep lines Formatted: Widow/Orphan control, together Keep lines Formatted: Widow/Orphan control, together Keep lines Formatted: Keep lines together Any combination of the above LIVESTOCK and their equivalents as a Use by Right shall not exceed the maximum of four (4) ANIMAL UNITS per acre in the A (Agricultural) Zone District on LOTS less than eighty (80) one -hundred twenty (120) gross acres, not to exceed six (6) ANIMAL UNITS per acre on LOTS a minimum of one half (1/2) of a Quarter Sectionone-hundred twenty (120) gross acres and less than three hundred twenty (320) gross acres, not to exceed eight (8) ANIMAL UNITS per acre on LOTS a minimum of one-half (1/2) of a Section and less than six hundred forty (640) gross acres, and not to exceed ten (10) ANIMAL UNITS per acre on LOTS six hundred forty (640) gross acres or larger, or one full section; in the A 1 (Concentrated Animal) Zone District, ANIMAL UNITS shall not exceed tie maximum o: six (6) A\ IVAL UN TS per acre on LOTS a minimum of a Quarter Section and less than three hundred twenty (32-0) gross acres, not to exceed eight (8) AN MAL U \ TS per acre on _OTS a minimum of one la f (1A) o: a Section and less than six hundred corty (640) gross acres, anc not tlo exceec ten (` 0) ANIMAL UNITS per acre on LOTS six hundred forty (640) gross acres or larger. In the E (Estate) Zone District, ANIMAL UNITS shall not exceed eight (8)one (1) ANIMAL UNITS per gross acreLOT. In the R-1 (Low -Density Residential) Zone District, ANIMAL UNITS shall not exceed two (2) ANIMAL UNITS per LOT. In determining the number of acres in a LOT for the purpose of calculating the number of ANIMAL UNITS allowed as a Use by Right, the total number of contiguously owned or controlled (for example, through lease, easement or dedication) acres shall be included. Such contiguity shall not be affected by the existence of a platted STREET/ROADstreet or afleyALLEY, a publicPUBLIC or private right-of-wayRIGHT-OF-WAY, a public or private transportation right of -way or area, state or federal PUBLICc lands, whether owned by the State, the United States or an agency thereof, dried open space, or a lake, reservoir, stream or other natural or artificial waterway. ANIMATED SIGN: Any SIGN or components of a SIGN that use movement or change of lighting to depict or give the visual impression of movement, rotation or action, or that create a special effect or scene. APPROACH SURFACE: A surface longitudinally centered on the extended RUNWAY centerline, extending outward and upward from the end of the PRIMARY SURFACE and at the same slope as the APPROACH ZONE HEIGHT limitation slope set forth in Division I of Article V of this Chapter. In plan, the perimeter of the APPROACH SURFACE coincides with the perimeter of the APPROACH ZONE APPROACH ZONE: The Utility Runway Visual Approach Zone, Runway Larger Than Utility Visual Approach Zone, and Precision Instrument Runway Approach Zone as described in Section 23-5-20. Delete APPEAL. APPEAL : The request for a review of the ovision of this Chapter or a request for a VARIANC€, with the exception -of -appeals and variances pursuant to Article XI of Chapter 23 of this Code. AUXILIARY QUARTERS-: One (1) or more interconnected rooms permanently attached to< - or located within a SINGLE-FAMILY DWELLING which are arranged, designed, used or intended for USE as a complete independent living facility for one (1) FAMILY. All AUXILIARY QUARTERS shall comply with the following requirements: a. and b. — No change. c. The gross floor areaGROSS FLOOR AREA of the SINGLE-FAMILY DWELLING shall be no less than one thousand six hundred (1,600) square feet in size. d. and e. - No change. PAGE 11 2019-* ORD2019-02 Commented [JF10]: Insert paragraph return. { Formatted: Keep lines together f. The AUXILIARY QUARTERS and the SINGLE-FAMIL" DWELLING shall be attached by common roof and foundation. g. — No cnange. BANNER SIGN: Any SIGN of lightweight fabric or similar material that is permanently mounted to a pole or a BUILDING by a permanent frame or rivet at one (1) or more edges. BASE FLOOD: The FLOOD having a one -percent chance cf being equaled or exceeded in any given year. BASE FLOOD ELEVATION (BFE): The elevation shown on a FEMA FIRM that indicates the WATER SURFACE ELEVATION resulting from a FLOOD tha: has a one -percent chance of equaling or exceeding that level in any given year. BASEMENT: Any floor level below the first st Any floor level below the first story or main floor of a BUILDING, having its floor sub -grade (below ground level) on all sides. The lowest floor of a residential BUILDING, including BASEMENTS, shall be at least one (1) foot above the BASE FLOOD ELEVATION (BFE). Any crawl space with six (6)four (4) feet or more between the floor and the ceiling shall be considered to be a BASEMENT. BEACON,': Any light with one (1) or more beams directed into the atmosphere or directed at one (1) or mo-e points not on the same ZONE LOT as the light source; also, any light with one (1) or more beams that rotate or move. A BED AND BREAKFAST FACILITY. - No change. 4. BEST AVAILABLE DATA: Any FLOOD data available from he federal or state governments or any other source that is utilized by the FLOODPLAIN ADMINISTRATOR to determine the BASE FLOOD ELEVATION or FLOODWAY location. The sources of data may include, but are not limited to: a. FEMA publications such as guidance documents, policy documents, technical bulletinse and regulations; b. State publications and regulations; and c. Other published or unpublished FLOOD studies. BILLBOARD: A SIGN which is intended to create an income from the sale or leasing ofi advertising space. BIOSOLIDS—: The accumulated treated residual product resulting from a domestic wastewater treatment works. BIOSOLIDS does not include grit or screenings from a wastewater treatment works, commercial or industrial sludges (regardless of whether the sludges are combined with domestic sewage), sludge generated during treatment of drinking water or domesticDOMESTIC SEPTAGE or industrial septage. PAGE 12 2019-* ORD2019-02 Formatted: Font: 12 pt Formatted: Normal, Keep lines together t. Formatted: Indent: Left: 0.3", Hanging: 0.2", Keep lines together Formatted: Keep lines together BREWERY-: Any establishment licensed pursuant to the provisions of Title 1214, Article 473, C.R.S., where malt liquors or fermented malt beverages are manufactured, except brew pubsBREW PUBS. "Malt liquors" are defined in C.R.S. Section 44-3-103(30). "Fermented malt beverages" are defined in C.R.S. Section 44-4-103(1). include beer and shall be construed to mean any beverage obtained by the alco-be4ic fe-rmentatia fusi-o or decoction of barley, malt, hops, or any other similar product, or any combination thereof, in water containing more than three and two -tenths percent (3.2 %)-of-alcohol by weight or four percent (4%) alcohol by volume. BREW PUB-: A retail establishment licensed pursuant to the provisions of Title X44, Article /173, C.R.S., that manufactures not more than one million eight hundred sixty thousand (1,860,000) gallons of malt liquor and fermented malt beverages on its licensed premises or licensed alternating proprietor licensed premises, combined, each calendar year. "Malt liquors" are defined in C.R.S. Section 44-3-103(30). "Fermented malt beverages" are defined in C.R.S. Section 44-4-103(1;. include beer and shall be construed to mean any beverage obtained by the alcoholic fermentation of any —infusion or decoction of barley, malt, hops or any other similar hereof, in water containing more than three and two -tenths percent (3.2 %) ent (4%) alcohol by volume. BUILDABLE LOT: A LEGAL LOT on which it is possible to design and construct a BUILDING in compliance with applicable requirements of this Code and with any VARIANCES granted by the Board of Adjustment. A LEGAL LOT may not necessarily be a BUILDABLE LOT BUILDING: - No change. Delete BUILDING ENVELOPE.BUILDING ENVELOPE : The two-dimensional space within which a structure is permitted to be built on a lot. The bulk requirements for the specific zone districts addressed in this Code shall also be followed. BUILDING HEIGHT-: The vertical distance from mean natural grade at foundation to the highest point of the roof or appurtenances, not including churchCHURCH spires and residential chimneys. BUILDING MARKER: Any SIGN indicating the name of a BUILDING, construction date and incidental information about its construction, or historical data on historic sites, which is cut into a masonry surface or made of bronze or other permanent material. BUILDING, PRINCIPAL: - No change. [ Formatted: Keep lines together BUILDING SIGN: Any SIGN attached to any part of a BUILDING, as contrasted to a FREESTANDING SIGN. Includes PROJECTION SIGNS, SUSPENDED SIGNS and WALL SIGNS. BUILDING UNIT For the purpose of obtaining a Weld Oil and Gas Location Assessment, shall mean a Residential Building Unit; and every five thousand (5,000) square feet of building floor area in commercial facilities or every fifteen thousand (15,000) square feet of building floor area in warehouses that are operating and normally occupied during working hours. CAMPING: - No change. CAMPGROUND—: An area used -USED for TEMPORARY placement and occupancy of RECREATIONAL VEHICLES or campingCAMPING tents operated on a COMMERCIAL basis for USE by the public. CANOPY SIGN: Any SIGN that is a part of, or attached to, an awning, canopy or other fabric, plastic or structural protective cover over a door, entrance window or outdoor service area. PAGE 13 2019-* ORD2019-02 ( Formatted: Normal, Justified, Keep lines together CARGO CONTAINER: A receptacle with all of the following characteristics: a. thru c. — No change. d. So dDesigned to be easy to fill and empty. e. — No change. CAR WASH: An establishment providing COMMERCIAL cleaning of motor vehicles, notes including SEMI -TRAILERS. CELL ON WHEELS (COW): A portable mobile cellular site that provides temporary (up to 1 year) of network and wireless coverage to locations where cellular coverage is minimal or compromised CEMETERY: Land used for the burial of the deadhuman remains and dedicated for memorial• - purposes, whereby plots are reserved and sold. Includes columbaria and mausoleums. CHANGEABLE COPY SIGN: A SIGN or portion thereof with characters, letters or illustrations that can be changed or rearranged without altering the face cr the surface of the SIGN. An electronic or digital SIGN on which the messa a changes more than six revolutions per minute shall be considered an ANIMATED SIGN and not a CHANGEABLE COPY SIGN for purposes of this Chapter. A SIGN on which the only copy that changes s an electronic or mechanical indication of time or temperature shall be considered a "time and temperature" portion of a SIGN and not a CHANGEABLE COPY SIGN for purposes of this Chapter. CHANNEL: ,The physical confines of a stream or waterway consisting of a bed and stream banks and existing in a variety of geometries. CHANNELIZATION; The artificial creation, enlargement or realignment of a stream CHANNEL. CHILD CARE CENTER : A facility, by whatever name known, which is maintained for the whole or part of a day for the care of five (5) or more than eight (8) children who are eighteen (18)unde�tl ixteen (16) years of age or younger and not related to the owner, operator or manager thereof, whether such facility is operated with or without compensation for such care and with or without stated educational purposes, as further defined in C.R.S. Section 26-6-102(5). rsery nters for developments y cisab ec cii oren ano hose faci ities wiici give twenty four lour -care for dependent and neglecter c-• crer, a nc rc uces Nose aci .'es -or ci ld en under the age of six (6) years with stated educational purposes operates in con:unction wits a 2UB _ C, arivate or p scincergarten maintained in connection witi a PUBL C, private or parochial elementary SCHOOL system of at least six (6) grades or to any preschoo estab is iec pursuant to tie arovisions of Tit e 22, Article 28, C.R.S., w-iici is maintainec in connection witi a pub is sciool system of at least six (6) graces so ong as tie scioo system is not a so provicing sxtencee day service°. CHURCH: A buildingBUILDING or structureSTRUCTURE, or groups of buildingsBUILDINGS or structuresSTRUCTURES, that by design and construction are primarily intended for conducting organized religious services and associated accessory usesACCESSORY USES. Delete Table 23-1 D. Land Use Process for Churches PAGE 14 2019-* ORD2019-02 ®- - Formatted: Keep lines together Formatted: Indent: Left: 0", First line: 0.3", Keep lines together Formatted: Keep lines together fFormatted: Font: Not Italic J Formatted: Font: Not Italic Formatted: Font: Not Italic Formatted: Widow/Orphan control, Keep lines together operations for the-ne-xt forty (40) years. The in Zone 44•••••4.1.00# Table 23-9D d4tse-RFocess ac -Churches R 3 -R-4-fR-1c1JiiLi _ F I SPR I SPR SPR I U Application US -R- USR USR Use by Special Rcviow SPR Site Plan Review C--4- 1i f �-2 SPR { SPR @- 1-3-1 t PUD -r _ _ _ ,• 1-, . SPR USR ; USR/SPR USR - I 4_ Delete CLUSTER. : A residential development techni-que that concentrates individual lots on part of -the site to allow -the remaining land to be used for -recreation, common open space and the preservation of environmentally sensitive features such as wildlife habitat, riparian zones and agricultural lands. If a CLUSTER development is proposec on agricu tura ands, tie anc sia be as farming and ranching -rict as outlined A CLUSTER development may be used in URBAN and NONURBAN-AREAS. CO -LOCATION: ,Locating TELECOMMUNICATION ANTENNAS or other wireless communications equipment for more than one (1) provider on a single STRUCTURE. COMMERCIAL : An activity where goods, products or services are bought, sold or transferred in ownership on a fee, contract or barter basis excluding those usesUSES listed by right and accessory usesACCESSORY USES in the A (Agricultural) Zone District. COMMUNITY BUILDINGS: Governmental and non-profit BUILDINGS, including but not@ - limited to libraries, post offices, and museums, and quasi -PUBLIC BUILDINGS for the members of a group, including but not limited to community clubhouses owned by homeowners' associations, fraternal lodges, grange halls, and agricultural organization offices. COMMERCIAL MESSAGE: Any SIGN wording, logo or other representation that, directly or indirectly, names, advertises or calls attention to a business, product, service or other commercial activity COMMERCIAL JUNKYARD : An open or enclosedENCLOSED area where any waste, JUNK or used or secondhand materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including, but not limited, to scrap iron and other metals, paper, rags, rubber tires and bottles. A COMMERCIAL JUNKYARD also includes the storage or keeping of DERELICT VEHICLES. COMMERCIAL MINERAL DEPOSIT: - No change. COMMERCIAL SCHOOL: A SCHOOL established to provide on -site training of business, trade, commercial, industrial, clerical, managerial or artistic skills, such as a beauty SCHOOL, ceramic store or driving SCHOOL. This definition applies to SCHOOLS that are owned and operated privately for profit and that do not typically offer a complete educational curriculum. This classification excludes establishments that provide training in an activity that is not otherwise generally permitted in the zone district. Incidental instructional services in conjunction with another primary ti-seUSE, such as HOME BUSINESSES with classes of six (6) or fewer students, shall not be considered a COMMERCIAL SCHOOL. PAGE 15 2019-* ORD2019-02 ( Formatted: Keep lines together 1 Formatted: Widow/Orphan control, Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together Formatted: Font: Not Italic Formatted: Widow/Orphan control, Keep lines together Formatted: Justified, Widow/Orphan control, Keep lines together fFormatted: Font 12 pt Formatted: Normal, Justified, Indent: First line: 0.25", Keep lines together {_Formatted: Keep lines together COMMERCIAL STORAGE BUILDINGS: A BUILDING or group of BUILDINGS consisting of individual, self-contained units leased for ENCLOSED self-service storage of personal property. COMMERCIAL VEHICLE: Any vehicle..,other than an automobile, usedUSED or previously usedUSED COMMERCIALLY, to facilitate an activity where goods, products or services are bought, sold or transferred in ownership on a fee, contract o- barter basis, excluding those usesUSES listed by right and accessory uses in the A (Agricultural) Zone District. A COMMERCIAL VEHICLE shall include, but is not limited to, semi -tractors and trailersSEMI- TRAILERS, dump trucks, construction equipments -and box trucks, tow trucks, and vehicles such as taxis and wide -sharing vehicles USED to transport passengers for a fee. A COMMERCIAL VEHICLE shall not be allowed to deteriorate to the condition of a DERELICT VEHICLE or be utilized as a storage unit, unless the useUSE is allowed through the zone district. For the purposes of enforcement, two -axle passenger motor vehicles, as defined n C.R.S. Section 42-1-102(58), which could be utilized in everyday personal transport, and which are USED COMMERCIALLY, such as but not limited to taxis, ride -sharing vehicles, and work pick-up trucks, may be allowed in any zone district without requirement of any permits provided they are operated solely by residents thereof. Delete COMMON OPEN SPACE. : A as rce of are, an area of water or a combination of enjoyment of residents, occupants and owners of the Planned Unit Development. COMPLETE APPLICATION: - No change. COMPREHENSIVE PLAN : - No change. CONDITIONAL LETTER OF MAP REVISION (CLOMR,: FEMA's comment on a proposed proect which does not revise an effective FLOODPLAIN map and would, upon construction, affect the hydrologic or hydraulic characteristics of a FLOODING source and thus result in the modification of the existing regulatory FLOODPLAIN. CONICAL SURFACE: A surface extending outward and upward from the periphery of the HORIZONTAL SURFACE at a slope of twenty (20) to one (1) for a horizontal distance of four thousand (4,030) feet. CONICAL ZONE: The area described as CONICAL ZONE in Section 23-5-20. Delete CONSERVATION EASEMENT stipulating the restriction on additional or future development. The easement restricts the cevelo Dment rig its to tio anc , but the anc owner s# N lots tle title tot oroperty, the- right to restrict public access and the right to sell, give or - Delete CONSTRUCTION TRAILER. A construction related plans, supplies, ecuipmen: and relatec items -o De accessea-exclusively by Con ruction aorsonne . CO\STR-UCT O\ TRA LERS sha comply wits requirements set forte in this Chapter, including requireG zoning SETBACKS anc OFFSETS, anc s ha be insta -ed in permit requiremen demonstrate tha $ I\:STRUC CONTRACTOR'S SHOPS : - No change. PAGE 16 ON RA LERS s la 2019-* ORD2019-02 4 Formatted: Normal, Keep lines together (Commented [JF11]: Insert space 1 Formatted: Highlight Formatted: Keep lines together CORRECTIONAL FACILITY: - No change. COUNTY: - No change. CRAWLSPACE, BELOVV GRADE A BELOW GRADE CRAWLSPACE is a crawispace that has an interior grade no more than two (2; feet lower than the exterior grade and is below the BASE FLOOD ELEVATION. All BELOW GRADE CRAWLSPACES shall comply with Technical Bulletin 11, as amended, of the Federal Emergency Management Agency. CRITICAL FACILITY: A STRUCTURE or related infrastructure, but not the land upon which it is situated, that, if flooded, may result in significant hazards to public health and safety or interrupt essential services and operations for the COUNTY at any time before, during or after a FLOOD. CRITICAL FACILITIES are classified under the following categories: (A) Essential Services; (B) Hazardous Materials; (C) At -Risk Populations; and (D) Vital to Restoring Normal Services. a. ,Essential Services CRITICAL FACILITIES. 1) ,Essential Service CRITICAL FACILITIES include, but are not limited to: al. Public safety facilities such as police stations, fire and rescue stations, emergency L :• { . vehicles and equipment storage and emergency operations centers; b) Emergency medical facilities such as HOSPITALS, ambulance service centers, urgent care centers with emergency treatment functions and non -ambulatory surgical STRUCTURES, but excluding clinics, doctors' offices and non -urgent care medical STRUCTURES that do not provide emergency treatment functions; 4 4 c) Designated emergency shelters; d) Communications systems such as main telephone hubs, broadcasting equipment for cable systems, satellite TV systems, cellular phone systems, television, radio and other types of emergency warning systems, but excluding the towers, poles, cables and conduits; e) PUBLIC utility plant facilities for generation and distribution, such as hubs, SEWAGE TREATMENT PLANTS, substations and pumping stations for water, power and gas, but not including the towers, poles, power lines, buried pipelines, transmission lines, distribution lines and service lines; and f) Air transportation lifelines such as airports (municipal and larger;, helicopter pads and STRUCTURES serving emergency functions, and associated infrastructure (aviation control towers, air traffic control centers and emergency equipment aircraft hangars). 2) Specific exemptions to Essential Service CRITICAL FACILITIES include wastewaters treatment plants, nonpotable water treatment plants, hydroelectric power -generating plants and related appurtenances. PAGE 17 2019-* ORD2019-02 ( Formatted: Font: Not Italic Formatted: Font: Not Italic J Formatted: Font: Not Italic Formatted: Indent: Left: 0.31", Hanging: 0.19", Keep lines together Formatted: Font: Not Italic Formatted: Indent: Left: 0.5", Hanging: 0.25", Keep lines together Formatted: Font: Not Italic Formatted: Indent: Left: 0.75", Hanging: 0.25", Keep lines together 1 Formatted: Indent: Left: 0.5", Hanging: 0.25", Keep lines together 3) P,iblic utility plant facilities may be exempted from the definition of Essential Service CRITICAL FACILITIES if it is demonstrated that the facility is an element of a redundant system for which service will not be interrupted during a FLOOD. At a minimum, it shall be demonstrated that redundant facilities are available (either owned by the same utility or available through an intergovernmental agreement or other contract; and connected, the alternative facilities are either located outside of the 100 - YEAR FLOODPLAIN or are compliant with the provis ons of this ORDINANCE, and an operations plan is in effect that states how redundart systems will provide service to the affected area in the event of a FLOOD. Evidence of ongoing redundancy shall be provided upon request. b. _Hazardous Materials CRITICAL FACILITIES. 1) Hazardous Materials CRITICAL FACILITIES include, but are not limited to: a) Chemical and pharmaceutical plants; b) Laboratories containing highly volatile, flammable, explosive, toxic and/or water - reactive materials; c) PETROLEUM REFINERIES; d) Hazardous waste storage and disposal sites; e) Aboveground gasoline or propane storage or sales centers; f) Facilities which produce or store chemicals in quantities in excess of regulated threshold limits. If the owner of a facility is required by OSHA to keep a Material Safety Data Sheet (MSDS) on file for any chemical stored or used in the workplace and the chemical is stored in quantities equal to or greater than the regulated United States Environmental Protection Agency Threshold Planning Quantity for that chemical, then that facility will be considered a CRITICAL FACILITY. 2) Specific exemptions to Hazardous Materials CRITICAL FACILITIES include: a a a) Finished consumer products within retail centers and households containing -4 hazardous materials intended for household wise and agricultural products intended for agricultural use; b) BUILDINGS or other STRUCTURES containing hazardous materials for which it can be demonstrated to the satisfaction of the CDUNTY by hazard assessment and certification by a qualified professional that a release of the subject hazardous material does not pose a ma or threat to the public; or c) Pharmaceutical sales, use, storage and distribution centers that do not manufacture pharmaceutical products. c. At -Risk Populations CRITICAL FACILITIES. 1) At -risk population facilities include, but are not limited to: a) Elder care facilities, including nursing homes; bCongregate care serving twelve (12; or more individuals, including CHILD CARE CENTERS, FAMILY CHILD CARE HOMES and assisted living facilities; and c) PUBLIC and private SCHOOLS, including preschools, K-12 SCHOOLS and before- and after -school daycare serving twelve (12) or more children. d. CRITICAL FACILITIES Vital to Restoring Normal Services. PAGE 18 2019-* ORD2019-02 a a 4 a Formatted: Font: Not Italic Formatted: Indent: Left: 0.3", Hanging: 0.2", Keep lines together Formatted: Indent: Left: 0.5", Hanging: 0.25", Keep lines together Formatted: Indent: Left: 0.75", Hanging: 0.25", Keep lines together Formatted: Indent: Left: 0.5", Hanging: 0.25", Keep lines together 1 Formatted: Indent: Left: 0.75", Hanging: 0.25", Keep lines together lFormatted: Keep lines together Formatted: Indent: Left: 0.5", Hanging: 0.25", Keep lines together Formatted: Indent: Left: 0.75", Hanging: 0.25", Keep lines together Formatted: Indent: Left: 0.3", Hanging: 0.2", Keep lines together 1) CRITICAL FACILITIES Vital to Restoring Normal Services include, but are not limited to: a) Essential government operations, including public records, courts, jails, building -4 permitting, inspections services, community administration and management, maintenance and equipment centers; and ) EEssential STRUCTURES for PUBLIC colleges and universities, including dormitories, OFFICES and classrooms. 2) CRITICAL FACILITIES Vital to Restoring Normal Services listed in Paragraph 1) - above may be exempted from the definition of CRITICAL FACILITIES if it is demonstrated that the facility is an element of a redundant system for which service will not be interrupted during a FLOOD. At a minimum, it shall be demonstrated that redundant facilities are available (either owned by the same utility or available through an intergovernmental agreement or other contract; and connected the alternative facilities are either located outside of the 100 -YEAR FLOODPLAIN or are compliant with the provisions of this ORDINANCE, and an operations plan is in effect that states how redundant systems will provide service to the affected area in the event of a FLOOD. Evidence of ongoing redundancy shall be provided upon request. e. Exemptions listed for particular categories of CRITICAL FACILITIES shall not apply toa STRUCTURES or related infrastructure that also function as CRITICAL FACILITIES under another category outlined in this definition. DAIRY : An establishment for the primary production and subsequent sale or distribution ofa milk and/or milk products. See LIVESTOCK CONFINEMENT OPERATION. DERELICT MANUFACTURED (OR MOBILEJ HOME : A MANUFACTURED (MOBILE) HOME or mobile home that is partially or totally damaged by fire, earthquake, wind or other natural causes, or is in a state of general dilapidation, deterioration or decay resulting from improper lack of maintenance, vandalism or infestation with vermin or rodents. A MANUFACTURED HOME shall not be allowed to deteriorate to the condition of a DERELICT MANUFACTURED OR MOBILE HOME. Any such DERELICT MANUFACTURED (OR MOBIL) HOME shall be returned to and maintained in the condition as originally established on site and as inspected by the Building Inspection Department, or it shall be removed from the site. DERELICT SIGN: A SIGN that is partially or totally damaged by fire, earthquake, wind or other natural causes, or is in a state of general dilapidation, deterioration or decay resulting from improper or lack of maintenance, vandalism or infestation with vermin or rodents. A DERELICT VEHICLE: A vehicle that is inoperable (unable to move under its own power); is partially or totally dismantled; has all or portions of its body work missing or is substantially damaged; does not have valid registration with the State, as required by C.R.S. Sections 42 3 103 4-202(4), 42-3 13812 301 or 42-12 102401, C.R.-and/or the number plate assigned to it is not permanently attached to the vehicle, as required by C.R.S. Section 42 3-202, C.R.S.; or is lacking proper equipment to the extent that it would be unsafe or illegal to USE on public mad rights-ef-vvayPUBLIC STREET/ROAD RIGHTS -OF -WAY or otherwise not equipped with lamps and other equipment, as required in C.R.S. Sections 42-4-2024 to 42-2-22430, CiRcS. This definition shall not include implements of husbandry, farm tractors or vehicles customarily operated in a FARMING operation. PAGE 19 2019-* ORD2019-02 a Formatted: Indent: Left: 0.5", Hanging: 0.25", Keep lines together Formatted: Indent Left: 0.75", Hanging: 0.25", Keep lines together Formatted: Indent: Left: 0.5", Hanging: 0.25", Keep lines together Formatted: Indent: Left: 0.31", Hanging: 0.19", Keep lines together Formatted: Keep lines together ( Formatted: Font: 12 pt Formatted: Normal, Keep lines together Delete DEVELOPER. : The legal or benefieiskow-alor owners of any of the land proposed havinc an enforceable legal interest in such land. DEVELOPMENT: The placement, construction, erection, reconstruction, movement and/or alteration of BUILDINGS and/or other STRUCTURES, the placement of paved areas, drainage improvements or alterations on the historic flow of drainage patterns or amounts, and the placement of lighting and/or other appurtenances related to any and all USES, excluding OIL AND GAS FACILITIES. Includes any man-made change to improved or unimproved real estate, including but not limited to BUILDINGS or other STRUCTURES, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. DEVELOPMENT SIGN: A FREESTANDING SIGN maintained by a DEVELOPMENT'S homeowners association and located on property owned by the homeowners' association. The SIGN may contain the name, symbol or location of a PLANNED UNIT DEVELOPMENT or SUBDIVISION. PLANNED UNIT DEVELOPMENTS with COMIV ERCIAL and/or industrial USES may include the names of the businesses in the DEVELOPMENT on the DEVELOPMENT SIGN. DEVELOPMENT STANDARDS : A list of items that are compiled and approved by the COUNTY that governs the USE and/or operation of a Special Review Permit or Site Plan Review. The list is placed on the Special Review Permit P!anmap or Site Plan Review map prior to recording the map with the County Clerk and Recorder. DISTILLERY : Any establishment licensed pursuant to the provisions of Title-12*l4, Article 473, C.R.S., where spirituous liquors are manufactured. "Spiritucus liquors" are defined in C.R.S. Section 44-3-103(54) include any alcohol beverage obtained by distillation, mixed with water and other substances in so ution antinc uccw among ohertiings sings brai liquid o -r solic, patented or not, containing at —least one-half of one peen -t-(0.5 %) alcohol by ed in Secti C.R.S., shall not be construed to be -fermented malt or malt or vinous I+q-u-er but shall be construed to be spirituous liquor. DISTRIBJTION CENTER: A BUILDING where goods are stored for distribution to a retailer or other destination. DOMES 1 IC SEPTAGE : Liquid or solid material removed from a septic tank, cesspool, portable toilet, Type III marine sanitation device or similar treatment works that receives only domestic sewage. DOMESTIC SEPTAGE does not include liquid or solid material removed from a septic tank, cesspool or similar treatment works that receives either commercial wastewater or industrial wastewater and does not include grease removed from a grease trap at a restaurantRESTAURANT. DOMESTIC WATER: - No change. Delete DOUBLE FRONTAGE. : A lot that fronts upon two i2) parallel streets, or a lot that fronts upon two (2) streets- that do not intersect at the boundaries of the —lot. A DOUBLE FRONTAGE LOT is often referred to as a Through Lot, as illustrated below. DWELLING, DUPLEX: A BUILDING, other than a MANUFACTURED HOME, containing two ;2) DWELLING UNITS, each occupied by not more than one ;1; LIVING UNIT. PAGE 20 2019-* ORD2019-02 Formatted: Font: Not Italic Formatted: Font: Not Italic DWELLING, MULTI -FAMILY : A BUILDING other than a MANUFACTURED HOME, containing four (4)three (3) or more DWELLING UNITS, each occupied -ether than MOBILE HOMES or MANUFACTURE -ID -HOMES arranged; -designed and intended to- be -occupies by four (4)-o-rnot more than one (1) LIVING UNITS. DWELLING, SINGLE-FAMILY (SING=E FAMILY DWELLING): A DWELLING UNIT or MANUFACTURED HOME other than a MOBILE HOME arranged, designed and intended to be occupied by not more than one (1) LIVING UNIT. The -projected -view of any exte-ri•or-wad-of a DWELLING UNIT or MAN-UFACTUR-E--D HOME shall not be less than twenty four (24) feet. Delete DWELLING, THREE-FAMILY/TRIPLEX.:--A—BUILDING containing three (3) DWELLING UNITS other than MOBILE HOMES or MANUFACTURED HOMES arranged, ccupied-by not more than three (3) LIVING UNITS. Delete DWELLING, TWO-FAMILY/DUPLEX.: A BUILD!NG containing two (2) ®WELLING UNITS other -than --MOBILE HOMES or MANU-FA CT U -R -E D HOMES a rr-a-nge4-des-ign e d and intended to be occupied b' DWELLING UNIT : - No change. ELECTRIC TRANSMISSION LINES: - No change. ELEVATE: ;To build or raise a STRUCTURE to a minimum of one (1) foot above the BASE FLOOD ELEVATION. ELEVATED BUILDING; A BUILDING without a BASEMENT and: a. Built, in the case of a BUILDING in Zones A1-30, AE, A, A99, AO, AH, B, C, X and D, tos have the top of the ELEVATED floor above the ground level by means of pilings, columns (posts and piers) or shear walls parallel to the floor of the water; and b. Adequately anchored so as not to impair the structural integrity of the BUILDING during a FLOOD of up to the magnitude of the BASE FLOOD. In the case of Zones A1-30, AE, A, A99, AO, AH, B, C, X and D, ELEVATED BUILDING also includes a BUILDING ELEVATED by means of FILL or solid foundation perimeter walls with openings sufficient to facilitate the unimpeded movement of FLOOD waters. ENCLOSED : - No change. EVENT FACILITY: A USE providing a gathering space for rent for weddings, business meetings, and similar events not open to the general public. EXISTING CONSTRUCTION: STRUCTURES for which the START OF CONSTRUCTION commenced before the effective date of the FLOOD INSURANCE RATE MAP (FIRM). EXISTING CONSTRUCTION is synonymous with the term "existing structure". EXISTING MANUFACTURED HOME PARK OR SUBDIVISION: A MANUFACTURED HOME PARK OR SUBDIVISION for which the construction of facilities for servicing the LOTS on which the MANUFACTURED HOMES are to be affixed (including, at a minimum, the installation of utilities, construction of STREETS/ROADS and either final site grading or the pouring of concrete pads; is completed before the effective date of the COUNTY adoption of the FLOODPLAIN MANAGEMENT ORDINANCE. EXOTIC ANIMAL : - No change. PAGE 21 2019-* ORD2019-02 LFormatted: Font: Not Italic { Formatted: Font: Not Italic 1 Formatted: Indent: Left: 0.3", Hanging: 0.2", Keep lines together CFormatted: Keep lines together Formatted: Justified, Widow/Orphan control, Keep lines together Formatted: Keep lines together EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION: ,The preparation of additional sites by the construction of facilities for servicing the LOTS on which the MANUFACTURED HOMES are to be affixed ;including, at a minimum, the installation of utilities, the construction of STREETS/ROADS and either final site grading or the pouring of concrete pads). EXTRACTOR : Any individual, partnership, association or corporation which extracts COMMERCIAL MINERAL DEPOSITS for USE in the business of selling such deposits or for useUSE in another business owned by the extractorEXTRACTOR or any department or division of federal, state, county or municipal government which extracts such deposits. FAMILY : - No change. FAMILY CHILD CARE HOME,: A facility for child care in a place of residence of a family or person for the purpose of providing less than twenty -four-hour care for children under the age of eighteen (18) years who are not related to the head of such hone, as further defined in C.R.S. Section 26-6-102(13). Delete FARM, RANCH AND GARDEN BUILDINGS AND USES. : Those BUILDINGS and STRUCTURES used to shelter or ENCLOSE LIVESTOCK, feed, flowers, field equipment, DAIRY operations or similar USES; and those USES of lan Of LIVESTOCK. FARMING: The cultivation of Iand;i the growing, storage, drying, and/or seasonal sale of crops, plants, flowers, and nursery stock raised on the premises: and ranching and/or the raising of LIVESTOCK, excluding LIVESTOCK CONFINEMENT OPERATIONS. FARMING also includes TEMPORARW storage and sorting of in -transit crops, plants, flowers, and nursery stock not raised o r for sale on the premises. See alsoAGRICULTURAL PRODUCTION. FARMLAND - U.S. DEPARTMENT OF AGRICULTURE, SOIL CONSERVATION SERVICES: The availability of a consistent supply of clean water must exist in order to have prime FARMLAND. Prime FARMLAND is land that has the best combination of physical and chemical characteristics for producing food, feed, forage, fiber and oilseed crops, and is also available for these USES((the land could be cropland, pastureland, rangeland, forest land or other land, but n ot urban build-up land or water). It has the soil quality, growing season and moisture supply needed to economically produce sustained high yields of crops when treated and managed, including water management, according to acceptable FARMING methods. In general, FARMLANDS have an adequate and dependable water supply from precipitation or irrigation, a favorable temperature and growing season, salt and sodium content and few or no rocks. Prime FARMLANDS are permeable to water and air. Prime FARMLANDS are not excessively erodible o r saturated with water for a long period of time, and they either do not FLOOD frequently or are protected from flood+ngFLOODING. (U.S. Department of Agriculture, Soil Conservation Services [Special Series 17], January 1980; additional supplements.) FARMLAND - WELD COUNTY NONPRIME : - No change. FARMLAND - WELD COUNTY PRIME : - No change. FILL: As 4 ------I i i---+-t------I-1------+-i l w-----l--Any may erial such as earth, clay, sand, concrete, rubble or waste of any kind which is placed or stored upon the surface of the ground. FISHING : - No change. PAGE 22 2019-* ORD2019-02 Formatted: Font: Not Italic Formatted: Font: Not Italic Formatted: Font: Italic FLAG: Any fabric,. banner or bunting containing distinctive colors, patterns or symbol of the United States, the State, the County, foreign nations having diplomatic relations with the United States and any other FLAG adopted or sanctioned by an elected legislative body of competent jurisdiction. These FLAGS shall be flown in accordance with protocol established by the Congress of the United States for the Stars and Stripes. Any FLAG not meeting any one (1) or more of these conditions shall be considered a BANNER SIGN and shall be subject to regulation as such. FLOATABLE MATERIALS: Any material that is not secured in place that could float_ offsite during the occurrence of a FLOOD and potentially cause harm to downstream property owners or that could cause blockage of a culvert, bridge or other drainage facility. FLOATABLE MATERIALS include, but are not limited to, lumber, vehicles, boats, equipment, drums or other containers or pieces of material that are likely to float. Delete FLOOD. : As deed in Section 23 11- 310 of this Code. FLOOD or FLOODING: A general and temporary condition of partial or complete inundation of normally dry land areas from: a. The overflow of water from CHANNELS and reservoir spillways; and/or b. The unusual and rapid accumulation or runoff of surface waters from any source. FLOOD BOUNDARY AND FLOODWAY MAP (FBFM): The official map on which FEMA has delineated SPECIAL FLOOD HAZARD AREAS, FLOODWAYS and the risk premium zones applicable to the COUNTY. FLOOD INSURANCE RATE MAP (FIRM): The official map on which FEMA has delineated both the SPECIAL FLOOD HAZARD AREAS and the risk premium zones applicable to the COUNTY. FLOOD INSURANCE STUDY (FIS): The official report provided by FEMA that includes FLOOD profiles, the FLOOD BOUNDARY AND FLOODWAY MAP and the WATER SURFACE ELEVATION of the BASE FLOOD. FLOODPLAIN or FLOOD -PRONE AREA: Any land area susceptible to being inundated as a result of a FLOOD, including the area of land over which floodwater would flow from the spillway of a reservoir. The FEMA-mapped FLOODPLAINS are shown on FEMA's DFIRM, FIRM and FBFM maps. FLOODPLAIN ADMINISTRATOR: The designated COUNTY official responsible for administering and enforcing this ORDINANCE. FLOODPLAIN DEVELOPMENT PERMIT: A permit required before construction or DEVELOPMENT begins within any SPECIAL FLOOD HAZARD AREA (SFHA). Permits are required to ensure that proposed DEVELOPMENT projects meet the requirements of the National Flood Insurance Program and this ORDINANCE. FLOODPLAIN MANAGEMENT: The operation of an overall program of corrective and preventative measures for reducing FLOOD damage, including but not limited to emergency preparedness plans, FLOOD control works and enactment and updating of this ORDINANCE. FLOODPLAIN MANAGEMENT ORDINANCE (ORDINANCE): Ordinance enacted by the PAGE 23 2019-* ORD2019-02 ( Formatted: Font: Not Italic Formatted: Font: Not Italic Board of Weld County Commissioners pursuant to Title 29, Article 20 and Title 30, Article 28, C.R.S., for the purpose of FLOOD damage prevention and redu:tion. FLOODPROOF or FLOODPROOFING: Any combination of structural and nonstructural designs, changes or adjustments to STRUCTURES, with the exception of steel rings surrounding oil and gas storage vessels, which reduce or eliminate FLOOD Damage to real estate, improved real property. water and sanitary sewer facilities, and STRUCTL RES and their contents. FLOODWAY (REGULATORY FLOODWAY): The CHANNEL of a river or other WATERCOURSE and the ADJACENT land areas that must be reserved in order to discharge the BASE FLOOD without cumulatively increasing the WATER SURFACE ELEVATION more than a designated height. The statewide standard for the designated height to be used for all newly studied reaches shall be one-half (%) foot (six .6" inches`. Holders of valid LETTERS OF MAP REVISION to existing FLOODWAY delineations may contiiue to use the FLOODWAY criteria in place at the time of the existing FLOODWAY delineation by FEMA. FEMA`s mapped FLOODWAYS are shown on the FIRM and FBFM maps. FLOWLINES: A segment of pipe transferring oil, gas, or condensate between a wellhead and pcocessi-ngPROCESSING equipment to the load point or point of delivery to a U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration or Colorado Public Utilities Commission regulated gathering line or a segment of pipe transferring produced water between a wellhead and the point of disposal, discharge, or loading. This definition of nowlineFLOVVLINE does not include a gathering line. The different types of flowlines FLOWLINES are Wellhead Line: means aA FLOWLINE that transfers well production fluids from an oil or gas well to process equipment (e.g., separator, production separator, tank, heater treater), not including preconditioning equipment such as sand traps and line heaters, which do not materially reduce line pressure. Production Piping: means aA segment of pipe that transfers well production fluids from a wellhead line or production equipment to a gathering line or storage vessel and includes the following: Production Line: means a flowlineA FLOWLINE connecting a separator to a meter, LACT, or gathering line; Dump Line: means a flowlineA FLOWLINE that transfers produced water, crude oil, or condensate to a storage tank, pit, or process vessel and operates at or near atmospheric pressure at the flowline's outlet; Manifcld Piping: means a flowlineA FLOWLINE that t: ansfers fluids into a piece of production facility equipment from lines that have been joined together to comingle fluids; and Process Piping: means aAII other piping that is integral to oil and gas exploration and production related to an individual piece or a set of production facility equipment pieces. PAGE 24 2019-* ORD2019-02 Formatted: Keep lines together Off -Location Flowline: means a flowkneA FLOWLINE transferring produced fluids (crude oil, natural gas, condensate, or produced water) from an oil and gas IocationOlL AND GAS LOCATION to a production facility, injection facility, pit, or discharge point that is not on the same oil and gas locationOIL AND GAS LOCATION. This definition also includes flowlinesFLOWLINES connecting to gas compressors or gas plants. Peripheral Piping: means a flowlineA FLOWLINE that transfers fluids such as fuel gas, lift gas, instrument gas, or power fluids between oil and gas facilitiesOlL AND GAS FACILITIES for lease use. Produced Water Flowline: means a flowlineA FLOWLINE on the oil and gas locationOIL AND GAS LOCATION used to transfer produced water for treatment, storage, discharge, injection or reuse for oil and gas operations. A segment of pipe transferring only freshwater is not a flowlineFLOWLINE. FOSTER CARE HOME : A facilityhome certified by the County or a child placement agency for child care in the residence of a person or familyFAMILY for the purpose of providing twenty- four -hour care for one (1) or more children under the age of twenty-one (21), as further defined in C.R.S. Section 26-6-102(13;, and includes who -may or may not be related to the head of the household. Medicalkinship foster care homes, as defined by C.R.S. Section 26-2-102(2eLy C.R.S., are included in this definition. FREESTANDING SIGN: Any SIGN supported by STRUCTURES or supports that are placed on, or anchored in, the ground and that are independent from any BUILDING or other STRUCTURE. Does not include BILLBOARDS or OFF -SITE DIRECTIONAL SIGNS. FUNERAL HOME : - No change. GARDENING: sThe cultivation of plants without the use of tractors or other heavy machinery, including PUBLIC or private community gardens. GEOLOGIC HAZARD : A geologic phenomenon which is so adverse to past, current or foreseeable-conatrucfion or -land USE as to constitute a-sign1fi t hazard -to -p -bl1c-hem a-nd safety or to property. The term induces, but is not imited :0: unstab e or ootentia y unstable slopes, seismic effects, radio activity and GROUND SUBSIDENCE. The hazard posed to human life or property by GROUND SUBSIDENCE and/or seismic activity. GEOLOGIC HAZARD AREA : An area which contains or is directly affected by a GEOLOGIC HAZARD, located over a bedrock fault or coal mine, as designated by the U.S. Geological Survey on the map titled Extent of Abandoned Coal -Mine Workings and Locations of Mine Shafts, Adits, Air Shafts, and Faults, as amended. -Available online at https://pubs.usgs.gov/imap/i-2735/i- 2735.pdf. GREELEY-WELD COUNTY AIRPORT: The AIRPORT located in Sections 2 and 3, T5N, and Sections 26 and 35, T6N, R65W of the 6th P.M., Weld County, Colorado. GROSS FLOOR AREA : The sum total of the floor area of each horizontal level of a BUILDING, including habitable penthouses and attic space, but not including vent shafts, courts or uninhabitable areas below ground level or in attics. GROUND SUBSIDENCE : - No change. PAGE 25 2019-* ORD2019-02 [Formatted: Font: Not Italic Formatted: Highlight GROUP HOME FACILITY : A DWELLING UNITfacility which is licensed by the State, and/or authorized or regulated by either the state or federal government or both, and which provides non -institutionalized housing for a group of persons living as a single housekeeping unit, as determined by reference to C.R.S. Sections 30-28-115, 31 23 301 and 31 23 303, C.R.S. A GROUP HOME FACILITY shall be for one (1) of the following g-oups: a. A group of no more than home o-r-hdependent living center, as defined -by Section 26 8.1 1-02, C.R.S.; b. A group of no more than eight (8) persons with intellectual and developmental disabilities in a state -licensed group home, as referred to in C.R.S. (see Sections 27 10.5 102 and 30-28-115(2)(a), ! ! ity residential horse; ob. A group of not more than eight (8) persons with abehavioral and mental illnesshealth disorders living in a state -licensed group home, as specified and limited byreferred to in C.R.S. Section 30-28-115(2)(b.5), and not located within seven hundred fifty (750) feet of another GROUP HOME FACILITYC.R.S., living in a state licensed group home; or dc. A group of not more than eight (8) persons, sixty (60) years of age or older, who do not need nursing facilities, as referred to in C.R.S. Section 30-28-115(2)(b), and not located within seven hundred fifty (750) feet of another such GROUP HOME FACILITY. Group homes that do not meet the conditions listed above, or which are proposed to be located within seven hundred fifty (750` e of an —e ist g GROUP HOME FACILITY or RES DEN IA_ C CE N ERT shall be considered RESIDENTIAL THERAPEUTIC CENTERS for the purposes of this Code. HAZARD TO AIR NAVIGATION: pen obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace. Delete HAZARD AREA. : Any area governed by the GEOLOGIC HAZARD Overlay District regulations \Adhere a natural or man made condition presents a potentially —significant —harm to public health, safety, welfare or property. HEAVY MANUFACTURING - PROCESSING : The manufacture ofor compounding process orof raw materials. These activities or processes would necessitate the storage of large volumes of highly flammable, toxic materials or explosive materials needed for the manufacturing process. These activities may involve outdoor operations as part of the manufacturing process, i.e., Ethanol Plant. Examp es include ethanol, synthetic fertilizer, and tire mar ufacturinq plants. HEIGHT (This definition applies only when used in the A P AIRPORT Overlay District: For the purpose of determining the HEIGHT limits in all GREELEY-WELD COUNTY AIRPORT zonescurfaces set forth in this —Section Division 1 of Article V of this Chapterand shown on the zoning map, tie datum shall be MEAN SEA LEVEL elevation unless otherwise specified. HELIPORT An area designed and USED for the landing, takeoff, maintenance, and fueling of helicopters. HIGHEST ADJACENT GRADE: The highest natural elevaticn of the around surface prior to construction next to the proposed walls of a STRUCTURE. HISTORIC STRUCTURE: Any STRUCTURE that is: La. Listed individually in the National Register of Historic P!a:;es (a listing maintained by thee Department of the Interior) or preliminarily determined by the United States Secretary of the Interior as meeting the requirements for individual listing on the National Register; PAGE 26 2019-* ORD2019-02 Formatted: Font: Not Italic Formatted: Highlight Formatted: Indent: Left: 0.3", Hanging: 0.2", Keep lines together b. Certified or preliminarily determined by the United States Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secreta to qualify as a registered historic district; c. -Individually listed on the State inventory of historic places; or d. Individually listed on the State inventory of historic places in communities with historic preservation programs that have been certified by the State. -TO -R -I -C TOWNSITEH/STOR/C TOWNSITE: A group of LOTS, tracts, or parcels of land< created by recording a plat or map which shows the boundaries of such lots, tracts, or parcels and the original parcel from which they were created, recorded prior to September 20, 1961. HISTORIC TOWNSITE includes all property within such plat or map, whether or not amended or resubdivided by subsequent plat or map, except for any property removed from said plat or map with approval by the Board of County Commissioners. HOME BUSINESS: An USE incidental USE -to the principal permitted USE for gainful employment of the FAMILY residing on the property, where: a. and b. — No change. A HOME BUSINESS shall not be —interpreted to -include the following: clinic, HOSPITAL, nursing home, animal hospital, HOTEL/MOTEL, RESTAURANT, mortuaryFUNERAL HOME, or organized classes where more than six (6) persons meet together for instruction on a regular basis (does not include classes sponsored by a PUBLIC SCHOOL). HOME OCCUPATION: A USE incidental to the principal permitted USE for gainful employment of the FAMILY residing on the property, where the HOME OCCUPATION complies with the requirements of Section 23-4-990. A HOME OCCUPATION shall not include the following: clinic, HOSPITAL, nursing home, animal hospital, HOTEL/MOTEL, RESTAURANT, FUNERAL HOME, vehicle or boat repair (including painting) or organized classes where more than six (6; persons meet together for instruction on a regular basis (does not include classes sponsored by a PUBLIC SCHOOL. Examples of CLASS I HOME OCCUPATIONS include, but are not limited to, home offices (no customers), cake decoration, and internet sales. A FAMILY CHILD CARE HOME shall also be considered a CLASS I HOME OCCUPATION. Examples of CLASS II HOME OCCUPATIONS include, but are not limited to, hair salons, MASSAGE PARLORS, welding shops, and tax preparation offices with customers.An—i-neielental use of a DWELLING UNIT for gainful -employment of the resident therein, where: a. Whether a CLASS I or CLASS II, a HOME OCCUPATION may utilize up to fifty percent (50%) of a DWELLI-NG UNIT and/or in ACCESSORY BUILDINGS with apprspriate building permits— b much U;�E—is cte-arty incidental and secondary to the US he-dwelling-for-dwe-tl-i-ng purposes and shall not ch-a-n c. Hours of operation for public accocs shall be limited between 7:00 a.m. and 7:00 p.m. c There is no exterior storage, ciso ay or sa es of materia s, goocs, supp ies or equipment related to -the operation of -such HOME OCCUPATI-ON7-nor-cif any-hig1it-j,-e esive or combustible materials. c. Does not crgate any negative impacts to the public health, safety and general welfare of the adjacent property owners, such a -s -little or -no offensive noise -iv -brat -ion, smoke, dust, odors, t+g-h-ti-n-g, traffic congestion, trash accumulation, heat, glare or electrical interference, or other hazard or -nuisance -noticeable off the LOT. PAGE 27 2019-* ORD2019-02 Commented [JF12): Hanging instead of indented. [ Formatted: Keep lines together ( Formatted: Font: 11 pt, Not Highlight 1 Ordinarily, a HOME OCCUPATION shall not be interpreted -to include the following: clinic, HOS SCHOOL). Hwy A-TIO"► —CL, � A-4- -l- OCCUPATION CLASS I shall be conducted HOME OCCUPATION dcfinition-above. The site sh May consist qua -re foot in size which must be attached to -the face of the DWELLIN-G--UN-I-T. OrdEnari-ly, a HOME OCCUPATION CLASS I shall includ sales, etc. A day cons.cered a C_ASS -OVE OCCUPAON. HOME OCCUPATION CLASS 11: A HOME OCCU2A\ CLASS sia by the inhabitants of the DWELL be concucted sales of sto maxi a:_aciee :o 7 le face o �eDW= R G UN nine (9) square feet in size which must be Does not pro adequate off-street parking is provided. Please keep in mind that one (1) vehicle -produces -two cars can come to the property per day. ed by the residents fec-any purpose related to conducting the business, the two (2) employees, clients, deliveries related to the business, etc. Ordinarily, a HOME OCCUPATION CLASS II shalt --include uses similar to hair 7 the criteria set forth. HORIZONTAL SURFACE: A horizontal plane one hundred fifty (150) feet above the established AIRPORT ELEVATION, the perimeter of which in plan coincides with the perimeter of the HORIZONTAL ZONE (four thousand eiciht hundred forty "4,840" feet above MEAN SEA LEVEL). HORIZONTAL ZONE: :The area described as HORIZONTAL ZONE in Section 23-5-20. HOSPITAL: - No change. HOTEL/MOTEL: - No change. HOUSEHOLD PETS: - No change. HUNTING: - No change. HUNTING LODGE: ,Lodging accommodations for short-term guests where the primary attraction is HUNTING. IDENTIFICATION SIGN:A SIGN that only contains the address and name of the occupant. PAGE 28 2019-* ORD2019-02 ( Formatted: Font: Not Italic 1 Formatted: Font: Not Italic Formatted: Font: Not Italic Formatted: Font: Not Italic INCIDENTAL SIGN: A SIGN, generally informational, that has a purpose secondary to the USE of the ZONE LOT on which it is located, such as "no parking," "entrance," "loading only," "telephone" and other similar directives. No SIGN with a COMMERCIAL MESSAGE legible from a position off the ZONE LOT on which the SIGN is located shall be considered an INCIDENTAL SIGN. Delete INSTRUMENT RUNWAY : The East-West Runway, No. 9 27, equipped, or to be equ i-ppe4; with--a-p reels ion--eleetro n-i c---na-v+g-atio n- aid ; tand-i ng--a-id--c r -ocher air n a at+o n-lac-i l Et i es suitable to permit the landing of aircraft by an instrument approach under restricted visibility conditions and described as follows: A tract of land in Sections 2 and 3, T5N, and Sections 35 and 26, T6N, R65W, of the 6th-P,,situated in Weld County, Coloraoo, or more particularly described -ac -follows: Beginning at-theinterseetian of State -Highway 263, Darling Ranch Road-; thence North 74°12' west a distance of six thousand two hundred (6,200) feet is the centerline of the INSTRUMENT RUNWAY, which extends fifty (50) feet on each -side of said -centerline. JUNK: - No change. KENNEL: Any place where five (5) or more HOUSEHOLD PETS of one (1) species, or a total of eight (8) or more HOUSEHOLD PETS of two '2) or more species, are kept or maintained, with the following exceptions', ether -t -ha -n -a -PET SHOP or veterinary clinic of -HOSPITAL, _ where five (5) or more HOUSEHOLD PETS of one (1) species, or a total of eight (8) or more household pets of two (2) or more species, are kept or maintained. Property that is zoned A (Agricultural) and not part of -a -platted subdivision -o -r unincorporated town and which is larger than ten (10) acres shall be -permitted to keep or maintain the following without -being considered -a-KENNEL: eight (8) HOUSEHOLD PETS of one (1) species, or side -n (16) HOUSEHOLD PETS of two (2) or more species and, in addition, no more than thirty (30) birds, as long as the landowner or occupant holds -a -current Common B ird--Breeder-license issued -lay -the Colorado -Department of Agriculture Animal Industry -Division and -is in good standing with such Division. a. On a LOT of at least ten (10) acres that is zoned A (Agricultural; and not in aQ SUBDIVISION or HISTORIC TOWNSITE, the owner or occupant shall be permitted to keep or maintain the following without being considered a KENNEL: no more than eight (8) HOUSEHOLD PETS of one (1) species, or sixteen (16) HOUSEHOLD PETS of two (2) or more species and, in addition, no more than thirty ;30) birds. a b. On other LOTS zoned A (Agricultural), a Zoning Permit may be granted in accordance with Division 17 of Article IV of this Chapter for the following without being considered a KENNEL: no more than eight (8) HOUSEHOLD PETS of one (1) species, or sixteen (16) HOUSEHOLD PETS of two (2) or more species and, in addition, no more than thirty (30, birds. c. PET SHOPS. d. Veterinary clinics. e. Animal hospitals. LANDSCAPE: Includes any combination of living plants, such as trees, shrubs, vines, ground covers, flowers or turf, and may include natural features such as rock, stone and bark, and architectural features including, but not limited to, fountains, reflecting pools, art works, screen walls, fences, STREET/ROAD furniture, walks, decks and ornamental concrete or stonework. PAGE 29 2019-* ORD2019-02 ( Formatted: Font: Not Italic Commented [JF13]: Colon instead of period. 1 L Formatted: Highlight Formatted: Widow/Orphan control, Keep lines together Formatted: Justified, Indent: Left: 0.55", No bullets or numbering, Widow/Orphan control, Keep lines Formatted: Widow/Orphan control, Keep lines together Formatted: Justified, Indent: Left: 0.55", No bullets or numbering, Widow/Orphan control, Keep lines Formatted: Widow/Orphan control, Keep lines together Formatted: Justified, Indent: Left: 0.55", No bullets or numbering, Widow/Orphan control, Keep lines Formatted: Widow/Orphan control, Keep lines together Formatted: Justified, Indent: Left: 0.55", No bullets or numbering, Widow/Orphan control, Keep lines Formatted: Justified, Widow/Orphan control, Keep lines together Formatted: Normal, Keep lines together Delete LANDSCAPE MAINTENANCE. : The regular irrig-a-tion, weeding, fertilization mowing, trash cleanup and pruning of all LANDSCAPE, the treatment or repair of all diseased, i-nsect ridden, broken orvandalizedLANDSCAPE, and the replacement of dead or irreparable LAN LANDSCAPING COMPAN/ES:pusinesses principally engaged in the sale and/or installation of LANDSCAPE materials. LARGER THAN UTILITY RUNWAY A RUNWAY that is constructed for and intended to be used by propeller -driven aircraft of greater than twelve thousard five hundred (12,500) pounds maximum gross weight and jet -powered aircraft. LARGE SCALE SOLAR FACILITY: A facility which is used for the production of electrical energy from energy collected by the sun including solar energy collectors, power generation facilities, facilities for storing and transforming energy, other appurtenant facilities and any transmission lines, which is developed for the purpose of supplyirg or distributing electrical energy to users, a customer or customers and will have a rated capacity greater than thirty (30) megawatts. This designation shall not include roof and/or ground mounted solar systems located on permitted principal and accessory buildings BUILDINGS and designed to supply power to the principle use¢s)USE(S) on site. Large Scale Solar Facilities are permitted in all zones through permits issued pursuant to the procedures found in Chapter 21 of this Code. LEGAL LOT: As used in this Chapter, the term LEGAL LOT shall refer to any of the following: a. A LOT within an HISTORIC TOWNSITE4, as defined in Sec. 23 1 90 of this Code. b. A LOT created prior to September 20, 1961. c. A LOT created between September 20, 1961, and December 10, 1992, in compliance with the Official Subdivision Regulations, Weld County, Colorado, as amended referred to as the "Weld County Subdivision Regulations"), and in conformance with the bulk requirements and other regulations of the zone district where the LOT is located. d. A LOT created between December 10, 1992, and December 18, 2000, in compliance with the Weld County Subdivision Ordinance, Ordinance No. 173, as amended, and in conformance with the bulk requirements and other regulations of the zone district where the LOT is located. e. Any LOT created after December 18, 2000, in compliance with Chapter 24 of the Weld County Code, and in conformance with the bulk requirements and other regulations of the zone district where the LOT is located. A LEGAL LOT may not necessarily be a BUILDABLE LOT. a. Any parce awfu y in existence at tie time of adoption of tie ordnance codified ierein. b. Any parcel created subsequent to the adoption of the ordinance codified herein, which: 1) Meets the minimum area and similar requirements specified by this Chapter and which was created in conformance with Chapter 24 of this Code. 2 -)---For p-a-ree in --the A (Agricultural) Zone District, meets the minimum area and similar requirements specified by this Chapter or which was created in conformance with Chapter 211 of this Code --- c , ance with this Chapter and for which any required documents have been recorded with the County Clerk and Recorder. 3) PAGE 30 2019-* ORD2019-02 f Formatted: Font: Not Italic Formatted: Font: Not Italic 1 Commented [JF14]: Please delete this. This is a reference to this section. • I Formatted: Strikethrough, Highlight j 4-) Be approved i-n--eonfafmance with-Sesfi$n 23-3 210 L of this Chapter. LETTER OF MAP CHANGE (LOMC): An official revision to currently effective FEMA maps. A LOMC can be in the form of a LOMR, LOMA, LOMR-F or PMR. LETTER OF MAP AMENDMENT (LOMA,: A letter from FEMA officially revising the effective FIRM and FEMA's acknowledgment that a property is not located in a SPECIAL FLOOD HAZARD AREA. LETTER OF MAP REVISION (LOMR): A letter from FEMA officially revising the effective FEMA maps and showing changes in FLOOD zones, delineations and elevations. LETTER OF MAP REVISION BASED ON FILL (LOMR-F): [EMA's modification of the FLOODPLAIN shown on the FIRM based on the placement of FILL outside of the existing regulatory FLOODWAY. LEVEE: A man-made STRUCTURE, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary FLOODING. LEVEE SYSTEM: A FLOOD protection system which consists of a LEVEE or LEVEES and associated STRUCTURES, such as closure and drainage devices, which are constructed and operated in accordance with sound engineering practices. LIVESTOCK: - No change. LIVESTOCK CONFINEMENT OPERATION (L.C.O.): A place of confinement for LIVESTOCK, corralled, penned or otherwise caused to remain in pens or corrals, where feeding is other than grazing, a -rand where the capacity at any one (1) time is greater than permitted in the bulk requirements for the zoning district in which it is located. For example, aAn L.C.O. may include DAIRIES, feedlots and poultry and swine production facilities. LIVING UNIT - No change. LOT: A contiguous tract or parcel of land in unified ownership, with defined boundaries, described by metes and bounds, by reference to aliquot parts of a section or sections. or by reference to a land survey plat recorded in the Office of the Weld County Clerk and Recorder. A LOT constitutes the basic unit of DEVELOPMENT. -The basic DEVELOPMENT unit, an area with fixed boundaries, _ USED or intencec to be USED by one (') BU LD 1\G anc its ACCESSORY U -S -E 1 STRUCTURES and/or BUILDINGS. A Lot shall not be divided by any public highway, STREET or ALLEY. A LOT must meet the requirements of tie zoning cistrict in wiici it is ocated and must-h-ave access to a PUBLIC ST -RE -ET or an approved private STREET. The aetermination as to the property included i-n a LOT shall be made by the Department of Planning Services. LOT COVERAGE: The maximum percentage of a LOT'S total area that may be covered with BUILDINGS and impervious surfaces. LOWEST FLOOR: AThe LOWEST FLOOR of the lowest enclosed area, including any crawlspace or BASEMENT. Any floor used for living purposes which includes working, storage, sleeping, cooking, and eating or recreation, or any combination thereof This includes any floor that could be converted to such a use, such as a BASEMENT or crawlspace. Any unfinished or FLOOD -resistant enclosure, usable solely for parking of vehicles, BUILDING access or storage in an area other than a BASEMENT area, is not considered a BUILDING'S LOWEST FLOOR., provided that such enclosure is not built so as to render the STRUCTURE in violation of the applicable non -elevation requirement of 44 CFR 60.3. PAGE 31 2019-* ORD2019-02 Formatted: Font: Not Italic J ( Formatted: Font: Not Italic Formatted: Font: Not Italic Formatted: Font: Not Italic Formatted: Font: Not Italic ( Formatted: Font: Not Italic 1 ( Formatted: Font: 11 pt, Not Highlight ( Formatted: Font: Not Italic Formatted: Font: Not Italic Delete LOW GROUND SUBSIDENCE HAZARD AREA. : areas nag - on of adequate -engineering do ign to future STRUCTURES so they can withstand small amounts of foundation displacement. These -are areas below which all or essentially -ail pillars have been removed, allowing the-possib o-f-rel,ativety—uniform and comp e suasicencc to nave occurree. Grob ems in suc-i areas s rou c be recuccd to post subsidence compact -le -no shifting condary voids. LUMBERYARD/WOODWORKING: An establishment where BUILDING materials are sold. LUMBERYARDS may also process lumber by performing millwork, planing, cutting, and the like, and manufacture wood products such as furniture. LUMBERYARD does not include general home improvement stores. MAJOR FACILITIES OF A PUBLIC UTILITY OR PUBLIC AGENCY-IES: Public UtilitiesPUBLIC utilities or Public APUBLIC agencies operating or constructing a mine, ELECTRIC TRANSMISSION LINES, domestic waterDOMESTIC WATER storage facilities, POWER PLANTS, SUBSTATIONS, SEWAGE TREATMENT FACILITIESwastewater treatment facilities, water treatment facilities, including extensions, expansions or enlargements thereof; STORAGE AREAS of utilities providing electricity, water, and wastewater service, including extension, expansions or enlargements thereof. Delete MAJOR THOROUGHFARE. : A road or STREET deigned, constructed and used as an ARTERIAL STREET,EX2RESSWAY or=REEWAY, or as a -ron:age road serving an ARTERIAL STREET, EXPRESSWAY or FREEWAY. MANUFACTURED HOME: A single family dwelling which: is partially or entirety 114 length; -is-installed-en an engineered permanent foundation in compliance with ANSI A2-2-54-1987, siding and a pitched roof; and is certifies pursuant to tie Nationa Manufactured —Housing Construction and Safety Standards Act of 1971, 42 U.S.C. 5401, et seq., as amended. A MANUFACTURED (MOBILE) HOME shall not be allowed to ceteriorate to the condition of a DERELICT MANUFACTURED (MOBILE) HOME. A SINGLE-FAMILY DWELLING that is a preconstructed building unit or combination of building units that: a. Includes electrical, mechanical, or plumbing services ghat are fabricated, formed, or assembled at a location other than the residential site of the completed home; b. Is designed and USED for single-family residential occupancy in either TEMPORARY or permanent locations; c. Is constructed in compliance with the "National Manufactured Housing Construction and Safety Standards Act of 1974", X42 U.S.C. sec. 5401, et seq., as amended; d. Does not have motive power; and e. Is not licensed as a vehicle. MANUFACTURED HOME PARK OR SUBDIVISION: A parcel or contiguous parcels of land divided into two (2) or more MANUFACTURED HOME LOTS for rent or sale. MANUFACTURED STRUCTURE Any factory -assembled STRUCTURE with or without service connections that is not a DWELLING UNIT. MASSAGE PARLOR: - No change. PAGE 32 2019-* ORD2019-02 { Formatted: Font: Not Italic Formatted: Font: Not Italic (Commented [JF15]: Black font F Formatted: Font: Not Italic, Highlight Formatted: Font: Not Italic Formatted: Font: Not Italic MASTER PLAN: - No change. MEAN SEA LEVEL: ,For purposes of this Chapter, the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD` of 1988 or other datum to which BASE FLOOD ELEVATIONS shown on the COUNTY'S FLOOD INSURANCE RATE MAP are referenced. MEAT PROCESS/NG:aSlaughtering, butchering, and/or rendering of animals. MEAT PROCESSING, CUSTOM: ,The _slaughtering and butchering of animals in a single BUILDING not larger than 5,000 square feet of GROSS FLOOR AREA. MEDIUM SCALE SOLAR FACILITY: A facility which is used for the production of electrical energy from energy collected by the sun including solar energy collectors, power generation facilities, facilities for storing and transforming energy, other appurtenant facilities and any transmission lines under donee hundred fifteen kilovolts c115 <V), which is developed for the purpose of supplying or distributing electrical energy to users, a customer or customers and is located on twenty (20). acres or more. This designation shall not include roof and/or ground mounted solar systems located on permitted principaIPRINCIPAL and accessory b-uifidfn-gsACCESSORY BUILDINGS and designed to supply power to the principle u-se¢s)USE(S) on site. MINING : - No change. Delete MOBILE HOME. : A transportable STRUCTURE which as originally built exceeds tiirrht (8-) f et in , or hirt t 32) feet in length, was originally -built on a chassis and was originally designed to be used as a year -round --DWELLING UNIT with or without a permanent foundation. A SINGLE-FAMILY--D-WEL-LING which is certified pursuant to the "Nation -a-I Manufactured Housing Construction and Safety Standards Act of 19-741" 42 U.S.C. 5/101, et seq., as amended, but does not -meet all of the other provisions of the definition of MANUFACTURED HOME, is considered to be a MOBILE HOME. A MOBILE HOME or MANUFACTURED HOME shall not be ^ e c to -any I SE other hen �' 1 - I —not be allowed -to -deteriorate to the -condition -of--a DER-ELIC-T-MO-B'I-? E HOME. A MO -B -I -LE HOME of manufactured home, converted or in its original condition, shall not be used as -an AGRICULTURALLY EXEMPT BUILDING or as a TEMPORARY STRUCTURE for storage. Delete MOBILE HOME PAD. : The concrete -base, footing or blocking which is -set -on or -in level soil to provide support for the -placement of a MOBILE HOME. This base, footing or blocking may consist of separate -concrete- blocks or a single concrete slab as described in Subsections 29 2 120.A through E of this Code. Delete MOBILE HOME PARK. : An area--und-e-r-single-ownersh+control designed-prima-rity for the rental of portions of the area as spaces for occupied MOBILE HOMES. Delete MOBILE HOME SUBDIVISION. : An area platted into LOTS actor-d-ing to adepted COUNTY standards and proced-ures and --designed p-rimarily for the —sale of such LOTS individuals as permanent sites -kw -MOBILE HOMES. Delete MODERATE GROUND SUBSIDENCE HAZARD AREA. : Areas subject to MODERATE SUBSIDENCE-are-defned-b- -potential-surf-ace-d-ts-ruption-of- su-fficie-rnagniude _ to carnage STRUCTURES to suci an extent as to render them unsafe or unusable. The rate of such d-isruption-rhowever, is slow -enough -to -al time-for-recogniti-o-n of the probiern and safe, orderly abandonment of surface STRUCTURES. -These areas are ciaracterizec Dy previous S-UBS-I-D NC -E over undermined areas where--pill-ars were left. This condition produces the potential for further smal-l--scale collapse and differentia-i settlement. PAGE 33 2019-* ORD2019-02 IFormatted: Font: Not Italic Formatted: Font: Not Italic Formatted: Font: Not Italic [Commented [JF16]: Just noticed this should probably be spelled out. [Formatted: Highlight [Formatted: Highlight Formatted: Highlight NEIGHBORHOOD : - No change. NEW CONSTRUCTION: STRUCTURES for which the START OF CONSTRUCTION commenced on or after August 25, 1981, and includes any subsequent improvements to such STRUCTURES. NEW MANUFACTURED HOME PARK OR SUBDIVISICk A MANUFACTURED HOME PARK OR SUBDIVISION for which the construction of facilities for servicing the LOTS on which the MANUFACTURED HOMES are to be affixed (including, at a minimum, the installation of utilities, the construction of STREETS/ROADS and either final site grading or the pouring of concrete pads; is completed on or after August 25, 1981. NIGHTCLUB, BAR, LOUNGE OR TAVERN: - No change. NONCOMMERCIAL JUNKYARD : An area where any waste, }u-nkJUNK or used or secondhand materials are stored or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires, building materials and bottles. A NONCOMMERCIAL JUNKYARD may also include the storage or keeping of DERELICT VEHICLES registered last or currently registered under the property owner and/or tenant's name. This definition does not include COMMERCIAL VEHICLES. If the Zone district allows, the NONCOMMERCIAL JUNKYARD shall be totally ENCLOSED within a BUILDING or STRUCTURE or visually SCREENED from all ADJACENT properties and public rights-of-wayPUBLIC RIGHTS -OF -WAY. NONCOMMERCIAL TOWER : - No change. NONCONFORMING SIGN; A SIGN that does not conform to a provision or requirement of this Division, but which was lawfully established prior to the time of its applicability. NONCONFORMING STRUCTURE: A STRUCTURE that does not conform to a provision or requirement of this Chapter, but was lawfully established prior to the time of its initial applicability. NONCONFORMING USE OR STRUCTURE : A USE or STRUCTURE that does not conform to a provision or requirement of this Chapter, but was lawfully established prior to the time of its initial applicability. Delete NONINSTRUMENT RUNWAY. : runways that are not equipped with electronic navigation equipment. The NONINSTRUMENT RUNWAYS are the crosswind RUNWAY NON -URBANIZING: - No change. Delete NONURBAN SCALE DEVELOPMENT. : Developments comprised of nine (9) e -r fewer---residen-tial lots, located in a non -urban area as defined in Chapter 22 o- is -Code, not NONURBAN SCALE DEVELOPMENT shall a so Inc uce anc usec or Ca Dab e of being used for ag-riou-Itural purposes and-i-ncl-uding-deve-loopment which combines clustered residential -uses a-nd agricultural uses in a manner that the agricu-I ra-1 lands are su1ta-b-le fo-r farming and ranching operations for the next —forty (10) years. NONURBAN SCALE D€ €LO-PMENT—on PUBLIC WATER and septic syste of two and one-half (2%) acres per septic system. NONURBAN SCALE DEVELOPMENT proposing individual, private wells and septic systems shall have a minimum lot size of two and one half (21%) acres per lot. Thy defin 1 PAGE 34 in effect as of May 14, 2001 2019-* ORD2019-02 Formatted: Font: Not Italic Formatted: Font: Not Italic Formatted: Font: Not Italic Formatted: Font: Not Italic Commented (JF17]: Comment for Bruce. This is only used in Art. XII, which is moving to Ch. 8. Delete now? (Same with URBANIZING.) NO -RISE CERTIFICATION: A record of the results of an engineering analysis conducted to determine whether a project will increase FLOOD heights in a FLOODWAY. A NO -RISE CERTIFICATION shall be supported by technical data and signed by a registered Colorado professional engineer. The supporting technical data should be based on the computer program model used to develop the 100 -year FLOODWAY shown on the FIRM or FBFM. NOXIOUS WEEDS : - No change. NUDE, STATE OF NUDITY : - No change. OBSTRUCTION; Any STRUCTURE, growth or other ob'ect, including a mobile objects which exceeds a limiting HEIGHT set forth in Section 23-5-30. OFFICE : - No change. OFFSET : The horizontal distance between any BUILDING or STRUCTURE, as measured from the farthest projection of the BUILDING or STRUCTURE, except for window wells, air conditioners, gutters, or downspouts, or fences, and a LOT line, other than a STREET/ROAD right of wayRIGHT-OF-WAY line. For the purposes of enforcing OFFSETS ONLY, ALLEYS shall not be considered STREETS/ROADS. OFF -SITE DIRECTIONAL: $ SIGNS situated on premises other than those upon which the goods, services or functions being advertised are located, and giving guidance as to where, how distant and the type of goods, services or functions which may be obtained. Such SIGNS shall relate only to a service or product primarily available for the highway user (such as RESTAURA,NTS4, lodging, gas, repairs or entertainment) and available within one (1) mile of a highway exit or in a community through which the highway passes. OIL AND GAS FACILITY: - No change. OIL AND GAS LOCATION: Shall mean the definable area(s) where an operator OPERATOR has disturbed or intends to disturb the land surface in order to locate an OIL AND GAS FACILITY for the purposes of obtaining a Weld Oil and Gas Location Assessment (WOGLA), pursuant to Division 10 of the CodeArticle II of this Chapter. Delete Table 23-1 E. Land Use Process for Siting Oil and Gas Production Facilities 3 -able 23 Land Use Process for Ski Zone -- Applrcatio .R-1 4 R 2 -P- - UBR * UBR J UBR * R -4 -- RS UBR UBR * * i £l u * C 2 C3 UBR * UBR * C-4- 14-1- i UBR I UBR * * UBR UBR * *UBR Use by -Right with a Weld Oil and Gas Location Assessment-(W0GLA). URR * PUD or UBP UBR • __ * * .10 OIL AND GAS STORAGE FACILITY: - No change., OIL AND GAS SUPPORT AND SERVICE : Location and operation bases for businesses whose primary activity includes the following kinds of USES: a. — No change. b. Equipment and storage yards for roadSTREET/ROAD and pipeline construction contractors, and production unit set-up and maintenance contractors. PAGE 35 2019-* ORD2019-02 Formatted: Font: Not Italic Formatted: Font: Not Italic Formatted: Font: Not Italic, Highlight Formatted: Highlight [Formatted: Font: Not Italic [Commented [JF18]: Noticed this should be CAPS. Formatted: Highlight Formatted: Font: Not Italic Commented [JF19]: Noticed this should be CAPS. J I L Formatted: Highlight 1 Formatted: Widow/Orphan control, Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Widow/Orphan control, Keep lines together ( Formatted: Keep lines together [Formatted: Highlight 1 c. thru f. — No change. g. Oil and gas processingPROCESSING facilities and related equipment, including, but not limited to, compressors associated with gas processingPROCESSING or which compress gas to enter a pipeline for transport to market. h. Midstream activities including the processingPROCESSING, storing, transporting and marketing of oil, natural gas and natural gas liquids. OPERATOR: - No change. ORGANIC FERTILIZER PRODUCTION/COMPOSTING PACILIT ,Facilities where animal manure and other biodegradable materials are brought from other properties for composting. This definition shall not include composting of materials produced solely on -site and meeting exemptions from Class I, II, Ili compost facilities defined under the Solid Waste Regulations. OUTDOOR STORAGE : The outdoor placement or leaving of goods for future use, preservation or disposal, or the renting of space for storage of RECREATIONAL VEHICLES, boats, and camper trailers. or wholesale sale of products, supplies and/of--equipment. OUTLOT.'4A LOT shown on a land survey plat recorded in the Office of the Weld County Clerk and Recorder that is described or referred to on the plat as "OUTLO T ," and may be limited to certain USES described on the plat. OUTLOTS are not eligible for the issuance of building permits to construct residential STRUCTURES or STRUCTURES not otierwise authorized on the plat. OVERLAY ZONING DISTRICT: A zoning district superimposed over the UNDERLYING ZONING DISTRICT which places further restrictions upon land USES. These restrictions are intended to protect the public health, safety and welfare from man-made and natural disasters such as airplane accidents and GEOLOGIC HAZARDS. DEVELOPMENTS within the OVERLAY ZONING DISTRICT shall conform to the requirements of both zonesthe OVERLAY ZONING DISTRICT(S) and the UNDERLYING ZONING DISTRICT. PARKING LOT: An area used ;USED for the purpose of TEMPORARY,temporary daily or overnight storage of vehicles, including drive aisles between the parking spaces, which is not located in a dedicated public right -of wayPUBLIC RIGHT-OF-WAY, a travel lane, a service drive or any easement for PUBLIC ingress or egress. PENNANT: Any lightweight plastic, fabric or other material, whether or not containing a message of any kind, suspended from a rope, wire or string, usually in series, designed to move in the wind. PETROLEUM REFINERY: - No change. PET CREMATORY:A business or nonprofit a•enc_ en.a•in• in the incineration of deceased HOUSEHOLD PETS. PET SHOP: - No change. PHYSICAL MAP REVISION (PMR,: An official revision to currently effective FEMA maps. PMRs are issued by FEMA and document changes to FLOOD zones, delineations and elevations. PMRs generally cover more than one (1) FIRM panel. PIPELINE - DOMESTIC WATER: Any RI-PELINEpipeline sixteen (16) inches in diameter or larger and appurtenant components thereof (such as valves or pump stations) designed for transporting DOMESTIC WATER in such PIPELIN-Epipeline and extending to locations outside of Weld County, excluding: PAGE 36 2019-* ORD2019-02 Formatted: Font: Not Italic Formatted: Font: Not Italic • Commented [JF20]: Noticed this should be CAPS. Formatted: Highlight Formatted: Font: Not Italic Formatted: Font: Not Italic Formatted: Font: Not Italic a. PI-PELINESPipelines that transport or will transport DOMESTIC WATER to one 11) or more municipalities, the boundaries or populations of which were, on September 1, 2016, located primarily within the COUNTY. b. IMPEL INESPipelines owned or to be owned by one (1 or more municipalities, the boundaries or populations of which were, on September 1, 2016, located primarily within the COUNTY, which transport or will transport DOMESTIC WATER for use in an adjacent county consistent with individual water tap or other agreements. c. Pl-PELINESPipelines that are part of an irrigation ditch, canal, reservoir, or well system that transport less than fifty percent (50%) of the system's total water as DOMESTIC WATER. PIPELINE - NATURAL GAS: - No change. PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS: - No change. PORTABLE SIGN: Any SIGN not permanently attached to the ground or other permanent STRUCTURE, or a SIGN designed to be transported, including but not limited to SIGNS designed to be transported by means of wheels; SIGNS converted to A- or T -frames; menu and sandwich - board SIGNS; balloons used as SIGNS; umbrellas used for advertising; and SIGNS attached to or painted on vehicles parked and visible from the PUBLIC RIGHT-OF-WAY, unless said vehicle is used regularly and customarily in the normal day-to-day operations of the business. POWER PLANT - No change. PRECISION INSTRUMENT RUNWAY: A RUNWAY having an existing instrument approach procedure utilizing an Instrument Landing System iLS). It also means a RUNWAY for which a precision approach system is planned and is so indicated on an approved airport layout plan or any other planning document. PRIMARY SURFACE: A surface longitudinally centered on a RUNWAY extending two hundred (200) feet beyond each end of that RUNWAY. The elevation of any point on the PRIMARY SURFACE is the same as the elevation of the nearest point on the RUNWAY centerline. The width of a PRIMARY SURFACE is: a, Two hundred fifty (250) feet for VISUAL RUNWAYS. bs One thousand ;1,000) feet for PRECISION INSTRUMENT RUNWAYS. PRINCIPALLY EMPLOYED or PRINCIPALLY ENGAGED: This definition applies to an employee who is PRINCIPALLY EMPLOYED at or PRINCIPALLY ENGAGED in the employment activities occurring on the subject property. This subject property shall be under review for a Zoning Permit for a Mobile HomeMANUFACTURED HOME to be used as an annual TEMPORARY ACCESSORY F -arm useFARMING USE, or for activities and USES as a Use by Special Review. The USE of the -MOBILE -HOME- shall-be-substantiate-by-verificatio-n--ef employment necessary :o tie operation of tie site wiere tie MOB LE -OWE is ocatec. Such verifioa-ti-on--sh-al-l- cons-i-st of tax reoordsi-emp•Ioyr -t-agreeme-rtts-or other -do -aim e-nt-ation--as determined suitable by the Department of Planning Service. Such verification shall-substantiato the -need -for -the -employee and -on site -living quarters to the operation --of the-Agiicuit-u-cal--Land USE PROCESSING: - No change. PROJECTING SIGN: Any SIGN affixed perpendicular to, or at an angle to, a BUILDING or wall in such a manner that its leading edge extends more than six (6) inches beyond the surface of such BUILDING or wall. Considered a type of BUILDING SIGN. PAGE 37 2019-* ORD2019-02 Formatted: Highlight ( Formatted: Font: Not Italic Formatted: Font: Not Italic Formatted: Font: Not Italic Formatted: Font: Not Italic 1 J LFormatted: Font: Not Italic Formatted: Font: Not Italic PUBLIC: - No change. PUBLIC SEWER: - No change. PUBLIC WATER: A central water supply system provided through a municipality, water district, water company or association for supplying water for household usesUSES which is designed to meet the minimum requirements of the Safe Drinklig Water Act (SDWA), 42 U.S.C. §300f. PUBLIC WATER includes a central water supply system providing water from one or more wells to all l$tsLOTS in a residential developmentDEVELOPM;NT through a single connected system of pipes and facilities, and which meets the requirements of Section 24-7-80.B. PUD (PLANNED UNIT DEVELOPMENT-): A zoning district which includes an area of land, controlled by one (1) or more landowners, to be developed under unified control or unified plan of DEVELOPMENT for a number of DWELLING unitsUNITS, COMMERCIAL, educational, recreational, or -industrial, or other USES, or any combination of the foregoing, the plan for which may not correspond in lotLOT size, bulk or type of USE, density, LOT coverageCOVERAGE, open space or other restriction to the existing land use regulations. A PUD is created in accordance with Chapter 27 of this Code. Delete QUALIFIED GROUND WATER SCIENTIST : A scientist or engineer who has received a baccalaureate or post -graduate degree in the natural sciences or engineering and has sufficient training and experience in ground water hydrology an -d febtedfe demonstrated —by state registration, professional certifications, professional experience or p-rofe-ssiona4 j-udg-ments regarding ground -water monitoring, contaminant fate and transport, and corrective action. RACING FACILITIES:Pi establishment where animal, motorized vehicle or bicycle races are conducted outdoors, including ACCESSORY BUILDINGS or USES, such as spectator seating, food vendors, and parking, but excluding facilities on PUBLIC SCHOOL property, tracks exclusively for pedestrians, and facilities not open to the public. REAL ESTATE PROMOTION SIGN: A TEMPORARY SIGN, located on -premises or off - premises, that identifies dwellings or other STRUCTURES under construction or to be constructed. This is a type of TEMPORARY SIGN that can otherwise exceed TEMPORARY SIGN standards as indicated in Appendix 23-D. On -premises SIGNS advertising SUBDIVISION construction shall not be displayed after all LOTS or dwellings in the SUBDIVISION have been sold. Off -premises SIGNS advertising SUBDIVISION constructicn shall not be displayed prior to the date of official recording of the SUBDIVISION, and shall be removed within two (2) years from the date of the issuance of the first building permit in the pro.ect or within thirty (30) days from the time seventy-five (75) percent of the LOTS or dwellings in the SUBDIVISION have been sold, whichever time period is the least. SIGNS advertising site construction may be displayed during the period of construction and shall be removed upon issuance of a certificate of occupancy or final inspection, whichever occurs first. RECREATIONAL FACILITIES: The following classes of recreational facilities have the following meanings: a. and b. — No change. PAGE 38 2019-* ORD2019-02 Formatted: Font: Not Italic Formatted: Font: Not Italic c. COMMERCIAL RECREATIONAL FACILITIES: Includes, but is not limited to, bowling alleys, health spas, swimming pools, tennis courts, miniature golf facilities or lakes constructed specifically for the —purpose of conducting- a water skiing commerce enterprise, and WATER SKIING operated on a commercialCOMMERCIAL basis for USE by the paying public. COMMERCIAL RECREATIONAL FACILITIES do not include rodeos roping arenas, RACING FACILITIES, or SHOOTING RANGES. RECREATIONAL VEHICLE : A transportation STRUCTURE or self-propelled vehicle with or without flexible, removable or collapsible walls and partitions, which is: designed to be used as a c -travel, recreation or vacation -USES- a. Built on a single chassis; b. Four hundred (400) square feet or less when measured at the largest horizontal pro ection; c. Designed to be self-propelled or permanently towable by a light -duty truck; and d. Not primarily designed for USE as a permanent dwelling but instead as temporary living quarters for recreational, CAMPING, travel or seasonal USE. The term RECREATIONAL VEHICLE shall include: motor home, camper bus and travel trailer, but shall not include pickup trucks with camper shells that do not extend above the cab of the truck. For the purpose of this Code, a RECREATIONAL VEHICLE shall be subject to all requirements and restrictions for NOB _E -OWES as orovicec in :iis Crnaaterwien its placement is intended €or-nontransient residency -A RECREATIONAL VEHICLE shall not be usedUSED for TEMPORARY Storage, TEMPORARY ACCESSORYfarm arm FARMING USE, TEMPORARY ACCESSORY USE During a Medical Hardship, TEMPORARY ACCESSORY USE as an OFFICE, or as a Principal DWELLING UNIT. REFERRAL: A portion of a complete applicationCOMPLETE APPLICATION given to a referraIREFERRAL agency for review of a case. The refecraIREFERRAL information may contain only portions or elements of the complete application -COMPLETE APPLICATION. REPAIR SERVICE ESTABLISHMENT : - No change. RESEARCH LABORATORY: - No change. RESIDENTIAL BUILDING UNIT: - No change. RESIDENTIAL SIGN:,Any SIGN located in a district zoned for residential uses that contains no commercial message except advertising for goods or services legally offered on the premises where the SIGN is located, if offering such service at such location conforms with all requirements of this Code. RESIDENTIAL THERAPEUTIC CENTER: A DWELLING UNIT which is not specifically designated as a GROUP HOME FACILITY and which provides a community living environment for individuals requiring custodial care, medical treatment or specialized social services. This definition includes any number of people who live together who lack the ability to live independently, or who have been ordered into the facility by a court of competent jurisdiction, and who require the support, supervision and care of adults who may not be related. The definition includes, but is not limited to, the following: specialized group child care home, facility or center; residential child care facility; residential treatment facility; shelters for the homeless; shelters from domestic violence; residential facilities for those living together as a result of criminal offenses; and homes for individuals that are HIV positive or afflicted with the AIDS Virus. This definition does not include correctional facilitiesCORRECTIONAL FACILITIES. PAGE 39 2019-* ORD2019-02 Formatted: Indent: Left: 0.3", Hanging: 0.2", Keep lines together ( Formatted: Keep lines together Commented [JF21]: Replace Farm with FARMING. Formatted: Highlight f _ [Formatted: Highlight Commented [JF22]: Missing letter. 1 ( Formatted: Font: Not Italic RESTAURANT : An establishment that furnishes, for compensation, food and drinks of any kind for consumption primarily thercin. A TEMPORARY snack bar or refreshment stand at a publicPUBLIC or nonprofit RECREATIONAL FACILITY and for the convenience of patrons of the facility shall not be deemed to be a LRESTAURANT- Delete RESTAURANT, DRIVE-IN. : est;7s to customers in their vehicles. ink RETAIL/SERVICE ESTABLISHMENT. Jncludes a variety of businesses engaging in COMMERCIAL sales, rentals, and services, but excluding ADULT BUSINESS, SERVICE or ENTERTAINMENT ESTABLISHMENTS, BREW PUBS, CHILD CARE CENTERS, LUMBERYARDS, NIGHTCLUB, BAR, LOUNGE or TAVERN, REPAIR SERVICE ESTABLISHMENTS, RESTAURANTS, VEHICLE SERVICE/REPAIR ESTABLISHMENTS, and VEHICLE RENTAL AND SALES ESTABLISHMENTS. Delete REVERSE FRONTAGE : A through lot t parallel -or nonintersecting streets upon which it -fronts. RIGHT-OF-WAY: That portion of land dedicated to public use for STREET/ROAD and/or utility purposes and accepted by the Board of County Commissioners as required by Section 8- 6-150 of this Code. ROOF SIGN:Any SIGN erected and constructed wholly on and over the roof of a BUILDING, supported by the roof STRUCTURE, and extending vertically above the highest portion of the roof. Surfaces with slopes less than seventy-five (75) percent from horizontal shall be considered roof surfaces. RUNWAY: The area of the GREELEY-WELD COUNTY AIRPORT constructed and used for landing; and takeoff of aircraft along its length.tak-i-ng--off, of aircraft- Delete SALES TRAILER. eriod for the sale -or purchase of lots or homes in a subdivision/ development to be accessed by the general public. SALES -TRAILERS -shall comply with requirements set forth in this Chapter, including -requited zon1n-g SET I I IlG ETcS, nd cI II b„ i etallfin permit requirements of Section 23 4 1-90 of th-Code. All -SALES -TRAILERS -shall -demonstrate that water and sewage disposal facilities arc available. The maximum —number of SALES TRAILERS is limited to one -CH -per subdivision/ development. SCHOOL: Includes any one (1) or more of the following categories: a PUBLIC SCHOOL (which may include PUBLIC SCHOOL extension classes), community college, junior college, college or university; an independent or parochial SCHOOL which satisfies the compulsory SCHOOL attendance requirements appearing in the School Attendance Law of 1963, Title 22, Article 33, C.R.S.; or a COMMERCIAL SCHOOL, as defined herein. SCREENED: - No change. SECONDARY RECOVERY : A technique of recovering additional crude from a mineralized zone by injecting steam, water and similar methods in -an effort to force more of the crude to a production well. PAGE 40 2019-* ORD2019-02 Commented [JF23]: Delete space before period. Formatted: Highlight Formatted: Font: Not Italic Formatted: Font: Not Italic Formatted: Font: Not Italic SEMI -TRAILER: Ads defined in Section 42 1 102(89), C.R.S., _ means any wheeled vehicle, without motor power, that is designed to be used in conjunction with a laden or unladen truck tractor so that some part of its own weight and that of its cargo load rests upon, or is carried by, such laden or unladen truck tractor and that is generally and commonly used to carry and transport property over th-e-p-ubticPUBLIC highways and roadsSTREET S/ROADS. SETBACK: el he horizontal distance between any BUILDING or STRUCTURE, as measured from the farthest projection of the BUILDING or STRUCTURE, except for window wells, air conditioners, gutters, downspouts, or fences, and the established PUBLIC or private STREET/ROAD RIGHT-OF-WAY line other than that of an ALLEY. If the abutting PUBLIC STREET/ROAD is designated by the Transportation Plan adopted in Chapter 8 of this Code as a collector or arterial STREET/ROAD, then the SETBACK shall be measured from the future RIGHT-OF-WAY line. The future RIGHT OF WAY 1-ne is determi-ned-by-dWiding the minimum required RIGHT -OF WAY width- in half and measuring from -the center of the STREE-TJROAa The minimum required RIGHT-OF-WAY width is found in Section 8-8-10 of this Code. No STRUCTURES shall be allowed in RIGHT-OF-WAY. It shall be the responsibility of the property owner to locate the RIGHT-OF-WAY lines.Tie riorizonta cistance between any BU _D NG or S-TR-U-CT-U-R E,-as-re-asu red -from -the -fa -r-t-best--p-cofectio-n of -the BUILD-NG or-STRUCTU-RE, except for window wells, air conditioners, gutters or cownspou_s, ano aie estao islec DUB_ C or private STREET right-of-way ine. f tie abutting UBL C S-REET is cesignated-to be upgraded to a -higher classification as defined -by -the Transportation Plan necessitating additional right of way, tier -e SETBACK sia oe measures =rom se -u-Lie right -of way line. The future right of- way-l-ine (measured from the center -of -the road) is determined by dividing the needed right-of-way defined below in half. The following is a list of the right of way needed for road dcsignations as —defined in the- Transportation —Plan —Road classifications and applicable right -of way requirements are found in Article VII, Chapter 24 of th-is Code. a'rincioa AR ER AL (in erstate) ) hree hundrec oot right -of way - b. Principal ARTERIAL (other) one hundred fifty foot right of -way. c. Minor ARTE-DIAL One h-undred foot to one hundred fifty foot right-of-way. d. County ARTERIAL one hundred -foot right of way. e. County COLLECTOR eighty foot right of way. f. County LOCAL sixty -foot right-of-way. Delete SEVERE GROUND SUBSIDENCE HAZARD AREA. : Zones labeled SEVERE are areas in which the effects of rapid subsidence, such as failure of BUILDING foundations, roadways, gas mains and similar frequently U-ED-o-r-pots-tiatl-ado-n-gg-emus features, may areas lave been undermined and a -r -e -c -h -a Fader i-zed-b-y-t he -presence of -pillars and--p-h-ys-isal-e-vid-ence of void ---space; er --by the absence of evidence of surface subsidence. The collapse of decomposed pillars could induce almost tnstan-taneous-s-u-bs+dence-o-r-displace cent with-equaIt err -almost equally--rapid-destru ti -an of structures at the surface. SEWAGE TREATMENT PLANT - No change. SHOOTING RANGE - INDOOR : A facility designed or used for shooting at targets with rifles, pistols or shotguns and which is completely en-6tesedENCLOSED within a b-u-ild-I BUILDING or st-ructu reSTRU CTU RE. PAGE 41 2019-* ORD2019-02 Formatted: Font: 11 pt, Not Highlight 1 Commented [JF24]: Maybe we should make this lower-case to address the fact that future ROW has not been accepted by the B0CC as the defn of ROW states. Formatted: Font: 11 pt, Not Highlight SHOOTING RANGE - OUTDOOR : The use of land for archery and/or the discharging of firearms for the purpose of target practice, skeet or trap shooting or temporary competition, such as turkey shoots. Excluded from this use type shall be general hunting -HUNTING and unstructured and nonrecurring discharging of firearms on private property with the property owner's permission. SIGN : Any object, device, display, structureSTRUCTURE or part thereof, situated outdoors or indoors, and used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means. A SIGN is any writing (including any combination of a letter, word or number), pictorial representation (including illustration, figures, design, colors, symbols or declaration), product, form (including shapes resembling any human, animal or product design that conveys a recognizable meaning, identity or distinction) or any part thereof, or is written, painted, projected upon, illuminated, printed, designed into, constructed or otherwise placed on or rear a buildingBUILDING, board, plate or upon any material object or device whatsoever, which by reason of its form, location, manner of display, color, working, stereotyped design or otherwise attracts or is designed to attract attention to the subject or to the premises upon which it is situated, or is used as a means of identification, advertisement or announcement. SIGN, FLUSH WALL: Any s4g-nSIGN attached to, painted on or erected against the wall of a b-u-i-l-din-gBUILDING in such a manner that the sig-nSIGN face is parallel to the plane of the wall and is wholly supported by the wall. Banners, canvas or any other similar material may be used for this type of s SIGN only if the material is securely attached directly to the b I-dingBUILDING fascia or to a rigid sig-nSIGN stractureSTRUCTURE in a manner which prevents the material from flapping, waving or otherwise moving. SITE SPECIFIC DEVELOPMENT PLAN:¢ Use by Special Review (including OPEN MINING and MAJOR FACILITIES OF A PUBLIC UTILITY OR PUBLIC AGENCY), PLANNED UNIT DEVELOPMENT Final Plan, SUBDIVISION final plat, resubdivision or minor SUBDIVISION application which has been submitted to the County and receives approval or conditional approval by the Board of County Commissioners, or by the Planning Commission in the case of MAJOR FACILITIES OF A PUBLIC UTILITY OR PUBLIC AGENCY. No cther type of land use application shall be considered a SITE SPECIFIC DEVELOPMENT PLAN. SMALL SCALE SOLAR FACILITY: A facility which is used for the production of electrical energy from energy collected by the sun including solar energy collectors, power generation facilities, facilities for storing and transforming energy, other appurtenant facilities and any transmission lines under tone hundred fifteen kilovolts (115 kV)., which is developed for the purpose of supplying or distributing electrical energy to users, a customer or customers and will be located on less than;twenty (201 acres. This designation shall not include roof and/or ground mounted solar systems located on permitted principal and accessory buildingsBUILDINGS and designed to supply power to the principle uses}USE(Son site. SPECIAL FLOOD HAZARD AREA: The land in the FLODDPLAIN within the COUNTY subject to a one -percent or greater chance of FLOODING in any given year. The area may be designated as Zone A, AE, AH, AO or Al -A99 on the FIRM or FHBM. SPECIAL FLOOD HAZARD AREAS are periodically amended by FEMA via a LETTER OF MAP CHANGE. The designated SPECIAL FLOOD HAZARD ZONE AREAS are as follows: a. Zone A (Approximate Floodplain) is a SPECIAL FLOOD HAZARD AREA where BASE FLOOD ELEVATIONS and FLOOD HAZARD factors have not been determined by FEMA. b. Zone AH is a SPECIAL FLOOD HAZARD AREA where shallow FLOODING occurs and depths are between one '1) and three (3) feet and BASE FLOOD ELEVATIONS are shown but no FLOOD HAZARD factors have been determined by FEMA. PAGE 42 2019-* ORD2019-02 ( Formatted: Font: Not Italic 1 ( Formatted: Highlight f • Formatted: Highlight Commented [JF25]: Please show the title as unchanging and show "As defined in Section 23-1-310 of this Code" as being replaced. See below after START OF CONSTRUCTION. Formatted: Font: Not Italic • Formatted: Indent: Left: 0.3", Hanging: 0.2", Keep lines together c. Zone AO is a SPECIAL FLOOD HAZARD AREA where shallow FLOODING occurs and flood depths are between one (1) and three (3) feet with the average depth of FLOODING shown but no FLOOD HAZARD factors have been determined by FEMA. d. Zones AE and A1 -A30 are SPECIAL FLOOD HAZARD AREAS where BASE FLOOD ELEVATIONS and FLOOD HAZARD factors have been determined by FEMA. e. Zone B and Zone X (shaded) are SPECIAL FLOOD HAZARD AREAS that are between the limits of the 100 -YEAR and the 500 -YEAR FLOODS. f. Zone C and Zone X (unshaded) are SPECIAL FLOOD HAZARD AREAS that are at minimal risk of FLOODING. START OF CONSTRUCTION (pertaining to BUILDINGS or STRUCTURES): The date them building permit was issued, including building permits for SUBSTANTIAL IMPROVEMENTS, provided that the actual START OF CONSTRUCTION, repair, reconstruction, placement or other improvement was within one hundred eighty (180) days of the permit date. The actual start means the first placement of permanent construction of a STRUCTURE on a site, such as the pouring of slab or footings, the installation of piles the construction of columns or an: work be and the sta•e of excavation; or the placement of a MANUFACTURED HOME on a foundation. Permanent construction does not include land preparation, such as clearing, grading and FILLING; nor does it include the installation of STREETS/ROAD and/or walkways; nor does it include excavation for a BASEMENT, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of ACCESSORY BUILDINGS, such as garages or sheds not occupied as DWELLING UNITS or not part of the main STRUCTURE. For SUBSTANTIAL IMPROVEMENTS, the actual START OF CONSTRUCTION means the first alteration of any wall, ceiling, floor or other structural part of a BUILDING, whether or not that alteration affects the external dimensions of the BUILDING. SP-E-CiAL I LG QD HAZARD AREA: As defined -in -Section -23-44-3-10 of this -code_ STORAGE AREA: - No change. STREET/ROAD: A strip of land intended for vehicular USE and providing principal means of access to LOTS. For the purpose of this Chapter, STREETS shalt -be classified and defined as follows: a. FREEWAY : A ma;or regioma iig Tway, inc ucing interstate lig sway, cesignec to carry very large volumes of vehicular traffic, with full control of access and all intersections grade separates. b. EXPRESSWAY: Similar-to-a-FR€EVVAY, except that all intersections need not be grade - sepa-rated— c-. R ERIAL : TRl=ET designed to carry high volumes of vehieu-lar-t-fa c over long distances in a direct manner. d. COL -LECTOR : A STREET designed -to collect or distribute vehicular traffic from one (-1-) or more -individual residential -or nonresidential areas -to -or from -an ARTERIAL, EXPRESSWAY or FREEWAY. e. LOCML : A STREET designed to carry vehicular traffic from one (1) or more lots to or from a COLLECTOR. f. ALLEY : A minor way which is used primaril --t------t -co--I---------------_.�__---1 — — -- side LOTS otherwise abutting on a STREET. PAGE 43 2019-* ORD2019-02 IFormatted: Keep lines together ( Formatted: Font: Not Italic Commented [JF26]: See above. Remove this. • Formatted: Highlight 9. FRONTA-G--ROAD ADJACENTt to an--AR-T€RIA ADJACENT -LOT -will not have direct access to the ARTER!AL, EXPRESSWAY or FREEWAY. STRUCTURE : Anything that is built, constructed or erected, an edifice or bu-ildin-gBUILDING of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, but not including poles, lines, cables or distribution facilities of publicPUBLIC utilities. The term includes an object, including a mobile object, constructed or installed by man, including but without limitation, BUILDINGS, towers, cranes, smokestacks, earth formations, overhead ELECTRIC TRANSMISSION LINES, and gas or siorage tanks that are principally aboveground. Delete STRUCTURE, TEMPORARY. : Anything constructed in such a manner that it would commonly be expected to have relatively short useful life, or s built for a purpose -that would commonly be expected to be relatively short term. SUBDIVISION: for the purposes of this Chapter 23 only, the term "SUBDIVISION" means ,land that has been split into separate LOTS with prior COUNTY approval of a plat: a. Recorded in the office of the Weld County Clerk and Recorder between September 20,4 1961, and December 10, 1992, and meeting the definition of "subdivision" of the Official Subdivision Regulations, Weld County, Colorado, as amended (referred to as the `Weld County Subdivision Regulations"); b. Recorded in the office of the Weld County Clerk and Recorder between December 10, 1992, and December 18, 2000, and meeting the definition of "subdivision" of the Weld County Subdivision Ordinance, Ordinance No. 173, as amended; or c. Recorded in the office of the Weld County Clerk and Recorder after December 18, 2000, and meeting the definition of "subdivision" of Chapter 24 of the Weld County Code. ,SEE ALSO, HISTORIC TOWNSITE. SUBSTANTIAL DAMAGE; Damage of any origin sustained by a STRUCTURE whereby the cost of restoring the STRUCTURE to its before -damaged cond tion would equal or exceed fifty (50) percent of the market value of the STRUCTURE just prior to when the damage occurred. SUBSTANTIAL IMPROVEMENT: Any repair, reconstruction or improvement of a STRUCTURE, the cost of which equals or exceeds fifty (50) percent of the market value of the STRUCTURE before the START OF CONSTRUCTION of the improvement. This includes STRUCTURES which have incurred SUBSTANTIAL DAMAGE, regardless of the actual repair work performed. The term does not, however, include either: a. /\ny project for improvement of a STRUCTURE to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or b. Any alteration of a HISTORIC STRUCTURE, provided that the alteration will not preclude the STRUCTURE'S continued designation as a HISTORIC STRUCTURE.6 SUBSTATION: - No change. Delete SUITABLE SOIL. : A soil and suspended solids before the affluent reaches any highly perry able earth such as joints in bedrock, g -ravel or very coarse soils -and which has percolation rates slower than five (5) minutes per inch -and has a vertical thickness of at least -five (5) feet beneath the plow line of the -site and PAGE 44 2019-* ORD2019-02 4 4 Formatted: Font: Not Italic Formatted: Font: Not Italic l Formatted: Indent: Hanging: 0.19", Keep lines J Formatted: Font: Not Italic Formatted: Keep lines together Formatted: Font: Not Italic Formatted: Font: Not Italic Formatted: Font: Not Italic Formatted: Indent: Left: 0.31", Hanging: 0.19", Keep lines together Formatted: Font: Not Italic Formatted: Font: Not Italic ( Formatted: Font: Not Italic • J 1 Formatted: Keep lines together Delete SUPERELEVATION. : The raised -portion -of highway above -the -normal -cross slope to -prevent a veh4cle from sliding outward, or counteracting al_l-the centrifugal force of a vehicle traveling at an assumed -speed. SUSPEIVDED SIGN: A SIGN that is suspended from the underside of a horizontal plane surface and is supported by such surface. Considered a type of BUILDING SIGN. TANK BATTERY: - No change. TELECOMMUNICATION ANTENNA: An exterior transmitting or receiving device used in telecommunications that radiates or captures telecommunication signals. TELECOMMUNICATION ANTENNA, ATTACHED: An antenna mounted on an existing BUILDING, silo, smokestack, water tower, utilityor power Dole or a support STRUCTURE other than a TELECOMMUNICATION ANTENNA TOWER. TELECOMMUNICATION ANTENNA, CONCEALED: An antenna with a support STRUCTURE that screens or camouflages the presence of antennas and/or TELECOMMUNICATION ANTENNA TOWERS from public view in a manner appropriate to the site's context and surrounding environment. Examples of concealed antennas include man-made trees, clock towers, flagpoles, light STRUCTURES, steeples and similar objects. TELECOMMUNICATION ANTENNA SETBACK: ,The distance between a property line and the footprint of the antenna STRUCTURE, including antennas, reflectors, dishes and other appurtenances. TELECOMMUNICATION ANTENNA TOWER: Any STRUCTURE that is designed and constructed primarily for the purpose of supporting one (1) or more antennas, including camouflaged, lattice, guy or monopole TELECOMMUNICATION ANTENNA TOWERS. This includes radio and television transmission, microwave, and common -carrier, personal communications service (PCS), cellular telephone, and/or alternative TELECOMMUNICATION ANTENNA TOWERS, and the like. This definition does not include any STRUCTURE erected solely for a residential, noncommercial individual use, such as television antennas, satellite dishes or amateur (HAM) radio antennas, including, but not limited to AMATEUR RADIO ANTENNA/TOWERS. TELECOMMUNICATION ANTENNA TOWER HEIGHT: The distance from the finished grade at the TELECOMMUNICATION ANTENNA TOWER base to the highest point of the TELECOMMUNICATION ANTENNA TOWER. Overall TELECOMMUNICATION ANTENNA TOWER height includes the base pad, mounting STRUCTURES and panel antennas but excludes lightning rods and whip antennas. TELECOMMUNICATION FACILITIES: include TELECOMMUNICATION ANTENNAS; TELECOMMUNICATION ANTENNAS, ATTACHED; TELECOMMUNICATION ANTENNAS, CONCEALED; and TELECOMMUNICATION ANTENNA TOWERS. TEMPORARY: Lees than sixSix (6) months or less. TEMPORARY S/GN:ponstruction SIGNS which identify the contractors working on a project on the site and "for sale" or "for rent" SIGNS indicating that the property or residence is for sale or rent. Construction SIGNS, "for sale" and "for rent" SIGNS shall be removed upon completion of the protect or when the property is sold or rented. TEMPORARY STRUCTURE:Anything constructed in such a manner that it would commonly be expected to have relatively short useful life or is built for a purpose that would commonly be expected to be relatively short-term. PAGE 45 2019-* ORD2019-02 ( Formatted: Font: Not Italic Formatted: Font: Not Italic Formatted: Font: Not Italic ( Formatted: Font: Not Italic ( Formatted: Font: Not Italic IFormatted: Font: Not Italic 1 Formatted: Font: Not Italic Formatted: Font: Not Italic Formatted: Font: Not Italic [Formatted: Font: Not Italic 1 THEATER : - No change. Delete THEATER, DRIVE-IN. : An area and associated STRUCTURES used for the showing of motion-p-icturot outdoors. Delete THRESHOLD. : Tiat imaginary ine on tie RUNWAY perpencicu ar to tie RUNWAY center-I+ne-which--marks--the usefu-I-41m1t of-th-e RUNWAY. The tic -es -Ile -Id of all RUNWAY --is the piysica enc of teat aarticu ar RUNWAY, witi tie exception being RUNWAY 9 27 which has its displaced threshold eight hundred feet (800) feet west of the physi-cal end. TRAINING FACILITY : A facility in which domestic animalsHOUSEHOLD PETS or LIVESTOCK not owned by the property owner are trained. TRANSITIONAL SURFACES:, These surfaces extend outward at ninety -degree angles to the RUNWAY centerline and the RUNWAY centerline extendec at a slope of seven (7) feet horizontally for each one (1) foot vertically from the sides of The PRIMARY and APPROACH SURFACES to where they intersect the HORIZONTAL and CONICAL SURFACES. TRANSITIONAL SURFACES for those portions of the precision APPROACH SURFACES, which project through and beyond the limits of the CONICAL SURFACE, extend a distance of five thousand (5,000feet measured horizontally from the edge of the APPROACH SURFACE and at ninety -degree angles to the extended RUNWAY centerline. TRANSITIONAL ZONE: The area described as TRANSITIONAL ZONE in Section 23-5-20. TRANSLOADING: A process of transferring a ,Commodity from one (1) mode of Transportation to another whose primary activity includes the following kinds of USES: a. Rail and truck transloading of commodities and materials, including, without limitation, those for the agricultural and oil and gas industries, and including but not limited to grains, petroleum products, sand, pipe and indoor storage related to the same. Delete TRAVEL WAY. what portion of the roadway for movement of veiic es, exc usive of shoulders and auxi-Ua-ry-lanes. TREE: any object of natural growth. TRUCK WASHOUT FACILITIES, COMMERCIAL: An establishment providing COMMERCIAL cleaning of trucks and SEMI -TRAILERS. UNDERLYING ZONING DISTRICT - No change. Delete URBAN GROWTH CORRIDOR. An —area delineated in an adopted County clines), prepared pursuant to Section 22 2 110, within which urban development is encouraged by delineation of the area, compatible future land use resignations an -c imp omcnting actions i-n a oca compreiensive p an, and outsi-d-c of which urban development is discouraged. An urban growth area usually -defines the limit within which the full range of urban -level services will be provided. The purpose is to promote projected urban development within and adjacent to existing urban areas so as to ensure efficient utilization of land resources anc urban services :o acequa-ely support that urban growth. URBANIZING: An area within one -quarter (1/41/41 mile from municipal boundaries, as amended. PAGE 46 2019-* ORD2019-02 Formatted: Font: Not Italic 1 Formatted: Font: Not Italic r l Commented [JF27]: Should be lower-case. J Formatted: Highlight Formatted: Font: Not Italic Formatted: Font: Not Italic 1 Commented [JF28]: Same comment as for NON - URBANIZING. Could be deleted. Delete URBAN SCALE DEVELOPMENT. : DEVELOPMENTS exceeding nine --(9) lots and/or load -in close proximity -to existing PUDs, subdivisions, mania -al boundaries or urban growth co ido-rs and boundaries. All URBAN SCALE DEVELOPMENTS sha l -pave the internal services such--a-s-eentr-ai-wwa-ter, sewer -systems, road -networks, park and --recreation faoi-l+ties-a-n4 not affect or apply to those Coordinated P lanning Agreements between the County and municipalities vvhich are in effect as of May 14, 2A01 USE: - No change. UTILITY RUNWAY: A RUNWAY that is constructed for and intended to be used by propeller - driven aircraft of twelve thousand five hundred (12,500) pounds maximum gross weight and less. UTILITY SERVICE FACILITY: PublicPUBLIC utility mains, lines, gas regulator stations, P UBLIC lift or pumping stations for domes-tio-waterPUBLIC WATER and sanitary sewerPUBLIC SEWER service, and accessoryACCESSORY STRUCTURES where no PUBLIC officeOFFICE, repair or storage facilities are operated or maintained. VARIANCE:A grant of relief to a person from a requirement or requirements of this Chapter, Chapter 26, or Chapter 27 when specific enforcement would result in unnecessary hardship. A VARIANCE, therefore, permits construction or DEVELOPMENT in a manner otherwise prohibited by this Chapter, Chapter 26, or Chapter 27. VEHICLE RENTAL ESTABLISHMENT - No change. VEHICLE SALES ESTABLISHMENT : Any USE of property for the sale of vehicles such as automobiles, motorcycles, trucks, trailers, RECREATIONAL VEHICLES, MOBILEMANUFACTURED HOMES, boats, farm machinery, construction equipment and other heavy rolling stock. VEHICLE SERVICE/REPAIR ESTABLISHMENT : Any USE of property whereon vehicles such as automobiles, motorcycles, trucks, trailers, RECREATIONAL VEHICLES, MOBILEMANUFACTURED HOMES, boats, farm machinery, construction equipment and other rolling stock are serviced and repaired, including body work, welding and painting. VESTED PROPERTY RIGHT. The right to undertake and complete the DEVELOPMENT and U SE of property under the terms and conditions of a SITE -SPECIFIC DEVELOPMENT PLAN. VIOLA TION: The failure of a STRUCTURE or other DEVELOPMENT to be fully compliant with this Chapter. VISUAL RUNWAY: A RUNWAY intended solely for the operation of aircraft using visual approach procedures. WALL SIGN: Any SIGN attached parallel to, but within six (6) inches of a wall, painted on the wall surface of or erected and confined within the limits of an outside wall of any BUILDING or STRUCTURE which is supported by such wall, BUILDING or STRUCTURE, and which displays only one (1) SIGN surface. Considered a type of BUILDING SIGN. WATERCOURSE:As-defined in Section 23 11 310 o iis-Code. A natural or artificial channel through which stormwater or FLOOD water can flow, either regularly or infrequently. WATER SKIING: - No change. PAGE 47 2019-* ORD2019-02 CFormatted: Font: Not Italic Formatted: Font: Not Italic Formatted: Font: Not Italic Formatted: Font: Not Italic ( Formatted: Font: Not Italic Formatted: Font: Not Italic WATER SURFACE ELEVATION: ,The height, in relation -o the National Geodetic Vertical Datum ,NGVD) of 1929, North American Vertical Datum (NAVD) of 1988 or other datum, where specified, of FLOODS of various magnitudes and frequencies in the FLOODPLAINS or riverine areas. WA TERT/GHT: jmpermeable to the passage of water and capable of resisting the hydrostatic and hydrodynamic loads and the effects of buoyancy during a BASE FLOOD. WHOLESALE TRADE ESTABLISHMENT: No change. WIND GENERATOR: No change. Delete WIND TURBINE. : A machine or machines that convert the kinetic energy in the wind int o a sab e form on ow» " i-nd turbine" or "windmill" conversion system inc equipment, exc-l-u-d-ing turbines for private use. Permitted through a USR in all districts. 1041 permit energy ocleos, asso-ciated with a farm or ranch-opsr-a-t-ien--an-d-less than seventy (70) -feet -in height WINDOW SIGN: /Any SIGN, picture, symbol or combination thereof, designed to communicate information about an activity, business, commodly, event, sale or service that is placed inside a window or upon the window panes or glass and is visible from the exterior of the window. WINERY: Any establishment licensed pursuant to the provisions of Title44, Article 473, C.R.S., where vinous liquors are manufactured; except a vintner's restaurant licensed pursuant to C.R.S. Section 12 47 412044-3-422., C.R.S. "Vinous liquors" are defined in C.R.S. Section 44- 3-103(59). include wine ate -fortified wines that contain not less than one-half of one percent (0.5%) and not more than twenty one-percen ° - construed to mean-a-nralcohol beverage obtainec by tie ermentation o tie natural --sugar contents of fruits or other agricultural products containing sugar. YARD : The area of a LOT, between a LOT LINEline and the required SETBACK. ZONE LOT: A parcel or parcels of land in single ownership with a single USE or multiple USES within the same STRUCTURE. ARTICLE II - Procedures and Permits Division 1 - Amendments to Zoning Map Amend Sec. 23-2-10. Amendment procedures. A. — No change. B. In addition to the Board of County Commissioners, only the Planning Commission or the fee owner of a LEGAL LOT or a LOT of at least thirty-five 35; acrespropertith legal interest in a property in tie unincorpora:ec area o- tie COUN Y, may request amendment of the Official Zoning Map of the COUNTY (a Change of Zone) for said property. PAGE 48 2019-* ORD2019-02 4 Formatted: Font: Not Italic Formatted: Font: Not Italic Formatted: Font: Not Italic Formatted: Justified, Widow/Orphan control, Keep lines together Formatted: Normal, Justified, Indent: First line: 0.31", Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together C. Any person filing an application for a Change of Zone is required to comply with the appropriate procedures and regulations as stated in this Section; provided, however, that when the Planning Commission or -Board of County Commissioners desires to undertake a rezoning, to create and apply new zoning districts or to change the definitions of the various zoning districts, the only public notice requirement shall be publication in the newspaper designated by the Board of County Commissioners for publication of legal notices. D. Applications for a Change of Zone shall be completed as set forth in Section 23-2-50 below; provided, however, that any zone change initiated by the Planning Commission or Board of County Commissioners shall only be required to meet the applicable requirements of Secti-o-n 23 2-30 for the Planning Commission and Section 23-2-40 for the Board of County Commissioner -s. -The cemp-iete-d-ap-p-ti-cation and -application -fees shall be submitted to the Department of Planning Services. Amend Sec. 23-2-20. Duties of Department of Planning Services. A. — No change. B. Upon determination that the application submittal is complete, the Department of Planning Services shall: 1. Refer the application to the followingapplicable agencies listed in Appendix 23-G, as determined by the Department of Planning Services., when applicable, for review and comment. The agencies named shall respond —within twenty -eight -(a8) days after -the mailing of the application by -the COUNTY. The failure of any agency to respond within twenty-eight (28) days may be deemed to be a favorable response -to the Planning Commission. The reviews and comments solicited by the CountyCOUNTY are intended to provide the COUNTY with information about the proposed Change of Zone. The Planning Commission and Board of County Commissioners may consider all such reviews and comments and may solicit additional information if such information is deemed necessary. The reviews and comments submitted by a c-ere-rraIREFERRAL agency are recommendations to the COUNTY. The authority for making the decision to approve or deny the request for Change of Zone rests with the Board of County Commissioners. a. The planning commission or governing body of any town anc unty whose boundaries are within a three-mile radius of the parcel under consideration for a Change of Zone. b The p-l-aznsi-ng--commission-or governing body -of -any --any city -or town that has -included the parcel in its MASTER PLAN area or Intergovernmental Agreement. c. Department of Public Health and Environment. a. Department of Public Works to review the engintec ins aspects of the-p-roposal. e-. Colorado Department of Public Health and Environment. f. Colorado Geological Survey. g. Colorado Historical Society h. Colorado Department of Transportation. i. Colorado Water Conservation Board. j. U.S. Army Corps of Engineers. k. U.S. SOThCons-ervation-Ser-vice PAGE 49 2019-* ORD2019-02 a 4 Formatted: Widow/Orphan control, Keep lines together ( Formatted: Keep lines together I. —U.S. Forest Service. m. U.S. Bureau of Land Management. n. Any irrigation ditch company with —facilities on or ADJACENT to —t -he —parcel under consideration. o. Any otter agencies or incivicua s wiose re Planning Commission or Board of County Commissioners deems necessary. 2. — No change. 3. Set a Planning Commission hearing date and a Board of County Commissioners hearing date. The -B ommissioners public hearing may also be set and be given legal notice and posti and in accordancE Commissioners public hearing shall be set after the Planning Commission hearing. 4. - No change. 5. Arrange for legal notice of said hearings to be published once in the newspaper designated by the Board of County Commissioners for publication of notices. At the discretion of the Board of County Commissioners, a second notice may be published in a newspaper which is published in the area in which the rezoning is proposed. Failure to publish the second notice shall not create a jurisdictional defect in the hearing process. The date of publication shall be at least ten (10) days prior to the hearing. 6. Give notice of the proposed Change of Zone and the publ c hearing dates to those persons listed in the application as owners of property located within five hundred (500) feet of the parcel under consideration. Such notification shall be mailed, first-class, not less than ten (10) days before the scheduled Planning Commission public hearing. Such notice is not required by state statute and is provided as a courtesy to surrounding property owners (the surface estate). Inadvertent errors by the applicant in supplying such list or the Department of Planning Services in sending such notice shall not create a jurisdictional defect in the hearing process, even if such error results in the failure of a surrounding property owner to receive such notification. 7. A sign shall be posted for the applicant on the property under consideration for a rezoning. The sign shall be posted adjacent to and visible from a pub4icl-y--mainlined r-oa -r-g- of- w-ayPUBLIC STREET/ROAD RIGHT-OF-WAY. In the event the property under consideration is not adjacent to a publicly mainta ned road right -of wayPUBLIC STREET/ROAD RIGHT-OF-WAY, one (1) sign shall be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a plicly maintained road right -of wayPUBLIC STREET/ROAD RIGHT- OF-WAY. The sign shall be posted at least ten (10) days prior to the Planning Commission hearing and evidenced with a photograph. The sign will include the following information. a. — No change. ng date b. Date, place and time of public hearings. c. thru f. — No change. Remainder of Section — No change. PAGE 50 2019-* ORD2019-02 Amend Sec. 23-2-30. Duties of Planning Commission. 4 A. The Planning Commission shall hold a hearing to consider the application for the Change ofa Zone. The public hearing may involve either the rezoning application alone or may include the review of concurrent applications under the County's regulations concerning uses by special review, overlay districts or subdivisions. The Planning Commission shall provide recommendations to the Board of County Commissioners concerning the disposition of the requested change. The Planning Commission shall recommend approval of the request for the Change of Zone only if it finds that the applicant has met the standards or conditions of this Subsection A and Section 23-2-50. The applicant has the burden of proof to show that the standards and conditions of this Subsection A and Section 23-2-50 are met. The applicant shall demonstrate: 1. thru 3. — No change. 4. That STREET/ROAD or highway facilities providing access to the property are adequate in size to meet the requirements of the proposed zone district. This will include updating and obtaining any new Access Permits, as required. The Access Permit may require an Improvements Agreement, which shall be in conformance with the Engineering Standards in Appendix 12-A. In the event that the STREET/ROAD or highway facilities are not properly sized and are planned to be properly sized in the future, in conformance with the T-h-oroughfareTransportation Plan or in conformance with the MASTER PLANS of affected municipalities, the applicant may either wait to secure the rezoning until the improvements are made by the appropriate unit of government or the applicant may express a willingness to upgrade the STREET/ROAD or highway facilities at his or her own expense in order to expedite approval of the requested Change of Zone. In the latter event, it will be necessary for the applicant to either construct the necessary improvements before the building permits are issued, or submit suitable performance guarantees to the County to ensure construction of the required STREET/ROAD or highway facility improvements. 5. That, in those instances where the following characteristics are applicable to the rezoning request, the applicant has demonstrated compliance with the applicable standards: a. If the proposed Change of Zone is located within any Ove-rlay DistrictOVERLAY ZONING DISTRICT identified by maps officially adopted by the COUNTY, that the applicant has demonstrated compliance with the COUNTY regulations concerning Overlay DistrictsOVERLAY ZONING DISTRICTS. Compliance may be demonstrated in a previous public hearing or in the hearing concerning the rezoning application. b. That the proposed rezoning will not permit the USE of any area known to contain a COMMERCIAL MINERAL DEPOSIT in a manner which would interfere with the present or future extraction of such deposit by an extractorEX T RACTOR to any greater extent than under the present zoning of the property. c. — No change. B. — No change. C. If the Planning Commission recommendation is conditional upon the applicant completing certain specified items prior to the pi-61of the -notice for the hearing by the Board of County Commissioners, the ten-day period shall commence upon submission of the items by the applicant to the Department of Planning Services. PAGE 51 2019-* ORD2019-02 Formatted: Widow/Orphan control, Keep lines together • _ Formatted: Keep lines together 1 Amend Sec. 23-2-40. Duties of Board of County Commissioners. A. REPEALED. 1. Set a public hearing, to take place within forty for consideration of the proposed Change of Zone. 4 t of the applicant,° " r esignated by the -Board of County Commissioner-s-focpu-blication of notices. At the -disc -vet -ion of the Board of Cni rote CnmrB�Icsinap 'Z—QPrnC1 t4 nr+Irn nncni hn nuhl,chori in nonicr 'nnr r .n,htr+h i . published in t esed. The failure to publish the second s -h -all -be at -least fourteen (-1-4)-d ays-prio-r-to-t h e hearing. 4. Give note listed in the a V e of Zone and the pubic hearing date o those persons of nrnncr+l, Inr�+ora ia,I+hire fh,rhinrirr,r1 /F(1(1\ -fr...4. ...F 4t- - a days before -the scheduled public hearing. Such notice is nct required by state statute and is provided as a --courtesy to surrounding prope y wners (the s„ ce-e + te) Inadvertent errors notice shall not create a jurisdictional defect in the hearing process, even if such error results in the failure oreceive such notification. B. The Board of County Commissioners shall hold a public hearing to consider the application - and to take final action thereon. In making a decision on the proposed Change of Zone, the Board of County Commissioners shall consider the recommendation of the Planning Commission, and from the facts presented at the public hearing and the information contained in the official record which includes the Department of Planning Services case file, the Board of County Commissioners shall approve the request for the Change of Zone only if it finds that the applicant has met the standards or conditions of Paragraphs 1 through 5 below and Section 23-2-50. The applicant has the burden of proof to show that the standards and conditions of Paragraphs 1 through 5 below and Section 23-2-50 are met. The applicant shall demonstrate: 1. thru 3. — No change. PAGE 52 2019-* ORD2019-02 Formatted: Widow/Orphan control, Keep lines together f Formatted: Keep lines together Formatted: list0, Indent: Left: 0", Keep lines together Formatted: Keep lines together 4. That STREET/ROAD or highway facilities providing access to the property are adequate in size to meet the requirements of the proposed zone district. In the event that the STREET/ROAD or highway facilities are not properly sized and are planned to be properly sized in the future, in conformance with the Tho-roughfareTransportation Plan or in conformance with the MASTER PLAN of affected municipalities, the applicant may either wait to secure the rezoning until the improvements are made by the appropriate unit of government or the applicant may express a willingness to upgrade the STREET/ROAD or highway facilities at his or her own expense in order to secure approval of the requested Change of Zone. In the latter event, it will be necessary for the applicant to either construct the necessary improvements before building permits are issued, or submit suitable performance guarantees to the COUNTY to ensure construction of the required STREET/ROAD or highway facility improvements. No rezoning shall be finally approved by the Board of County Commissioners until the applicant has submitted an Improvements Agreement or contract approved by the Board of County Commissioners which sets forth the form of improvements guarantees. Any such agreement or contract shall be made in conformance with the COUNTY policy on collateral for improvements. Approval of the Improvements Agreement will be a condition of obtaining an Access Permit_, pursuant to Section -12- -10-et se ,-and--f---- I----------------4--.---t----------s�----1I meet the requirements of-Appe 6x-12 5. That, in those instances where the following characteristics are applicable to the rezoning request, the applicant had demonstrated compliance with the applicable standards: a. If the proposed Change of Zone is located within any Overlay DistrictOVERLAY ZONING DISTRICT identified by maps officially adopted by the COUNTY, that the applicant has demonstrated compliance with the COUNTY regulations concerning Overlay DistrictsOVERLAY ZONING DISTRICTS. Compliance may be demonstrated in a previous public hearing or in the hearing concerning the rezoning application. b. That the proposed rezoning will not permit the USE of any area known to contain a COMMERCIAL MINERAL DEPOSIT as defined by state statutes in a manner which would interfere with the present or future extraction of such deposit by an e-xfrrarEXTRACTOR to any greater extent than under the present zoning of the property. c - No change. C. and D. - No change. E. REPEALED.The Board of County Commissioners shall adopt -by re -solution,- every year, an updated copy of the Official Weld County Zoning Map which includes the rezonings approved since the last update. F. REPEALED. Th-e-Board--shall--participate in the formation of an Int-erg-o-vernmental--Urban Growth Boundary Agreement whi a wi ing municipalities. Amend Sec. 23-2-50. Application requirements for Change of Zone. A. thru B.2. - No change. 3. Legal description of the property under consideration as determined from a certified boundary survey_ (at the optie-n-of the apptiee-rat, the certified boundary survey--m-ay-be submitted subsequent to the P anning Commission rearing but prior to fina approval of the --Bo a rd of -County- Com raies-ioners if th e-D-i-reet-ar---of-- lan-na-rig-Sereices-ap-p-roves a general legal description which sufficien 4 PAGE 53 2019-* ORD2019-02 Q Commented [JF29]: Paragraph returns and formatting after deletions. Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together I II proposed for the Change of Zone. 4. and 5. — No change. 6. Present zone and overlay zonesOVERLAY ZONING DISTRICT, if appropriate. 7. thru 11. — No change. 12. The applicant shall provide the Department of Planning Services with a certificate from the County Treasurer showing no delinquent property taxes for the parcel area. 13. thru 15. — No change. 16. The names and addresses of any owner, operator, or user of any irrigation ditch, lateral, or pipeline that traverses the property. C. REPEALED. (Combined with Subsection D.)A vicinity and and USE mao of the area shall be submitted as part of the genera app ication. These maps sia be crawn to the following specifications: 1. The maps shall be delineated on reproducible material approved by the Department of Planning Services. 2. The dimen =-100') or at other suitable scale when approved -by the Department e twenty four g91f (1 Outlin b. Title, sGalc and north arrow. G. Ditches on or within two hundred (200) feet of the prcperty. ms on or within two hundred (200) feet of the property. e. Location of easements, rights of way and other similar interests of record on the parcel Location of all existing utilities (electricity, gas, water -and sewer) on the parcel, as well (50) feet of the parcel. h. Areas of GEOLOGIC HAZARD on the property. iMineral resource areas on the property. Conservation Service or by a soil -survey and -study prepared by a soils engineer or soil scientist for tie uses ano associates STRUCTURES 3ermittec within ie proposed zone district. k. Other information as ma Se -vices in order -to determine that the application meets the standards and policies D. A draft rezoning plat in electronic (.pdf) format shall be submitted as part of the general application. If -the applicant elects -the option -provided -in Subsection -D -3 -above, the rezoning plat will not b PAGE 54 2019-* ORD2019-02 1. REPEALED.The plat shall -be delineated in nonfading pe-rmanec-t-tt-ack _ ink on Mylar or other product of equal quality, three (3) millime:ers or greater in tlicFcness. -The 2, at sia bear ofiglnal signatures and seals in permane -t blaek- nk. The size of eachs-h-all--be mixing of sheet sizes i-s--pr-oh4btted—No---plat submitted shall contain any ocm-of stick —en type mate riat-s-ueb as, but not limited to, "sticky -back," adhesive film or Kroy lettering tape„ -- 2. The di -r enston-sscale of the map shall be p-repared--at-aa-scale-of one (1) inch equals one hundred (100) feet (1" = 100') or at other suitable scale when approved by the Department of Planning Services. The vicinity map shall be drawn at suitable scale on the land USE map (1" = 2000'). 3. The following information shall be shown: a. Certified boundary survey of the parcel under consideration, showing all bearings and distances outside the perimeter boundary lines. The closure error of the survey may not exceed one to five thousand (1:5,000). The boundaries and dimensions shall be shown to the nearest hundredth of a foot (or seconds of arc for angular dimensions and bearings). Curved boundaries and all curves on the rezoning plat shall include the radius of curve, central angle, chord distance, and bearing. Notation of non -tangent curves with radial bearings shall be shown to all points of non -tangency. b. Legal description, including total area involved, as certified and signed by the surveyor. The draft plat need not be signed or certified. c. Title, scale and north arrow. The map shall be titled "Change of Zone Plat case number"." The Department of Planning Services shall provide the appropriate number. d. Date of drawing. e. Current zoning. f. Proposed zoning. q. A vicinity map indicating the property with respect to ad acent STREETS/ROADS, rivers, and other major land features. h. Irrigation ditches on or within two hundred (200) feet of the property. i. Location of easements, RIGHTS -OF -WAY, and other similar interests of record on the parcel and within fifty (50) feet of the parcel. Location of all existing utilities (electricity, gas, water and sewer) on the parcel, as well as within fifty (50) feet of the parcel. k. SPECIAL FLOOD HAZARD AREAS on the property. I. GEOLOGIC HAZARD AREAS on the property. m. Mineral resource areas on the property. n. Areas of moderate or severe soil limitations as defined by the Natural Resources Conservation Service or by a soil survey and study prepared by a soils engineer or soil scientist for the USES and associated STRUCTURES permitted within the proposed zone district. o. Other information as may be reasonably required by the Department of Planning Services in order to determine that the application meets the standards and policies set forth in this Chapter and in Chapter 22. PAGE 55 2019-* ORD2019-02 Formatted: Highlight 4. The following certificates shall appear on the map: a. thru d. — No change. 5. REPEALED.Adequate space shall be provided on the rezoning plat for the a4d-4tion of the following a. Zug case number. b. Current zone classification. c. Req uocted zone classification. E. The following supporting documents shall be submitted as part of the general application: 1. Where an authorized agent signs the application for the fee owners, a-letter-,-gra-nting power an authorization form provided by the Department of Planning Services signed by the fee owners. 2. thru 5. — No change. 6. Statements from PUBLIC w-aterWATER and sewerPUBLIC SEWER utilities which indicate that they are able to provide service for the site If PUBLIC utilities are not to be used, the applicant shall submit information which documents the availability of water and suitability of the site for the sewage disposal system chosen by the applicant. The evidence shall document the adequacy of the proposed utility service for the USES permitted in the proposed zone district. 7. An Engineering Geology Report/Geotechnical Study of tie site proposed for the Change n the proposed zone. If the Engineer, Geology Report/Geotechnical Study indicates soils which present moderate or severe limitations to the ccnstruction of STRUCTURES or facilities en -the site, the applicant shall submit information which demonstrates that the limitations can be overcomc.A soil report of the site prepared by the Natural Resources Conservation Service or by a soils engineer or scientist. In those instances when the soil report indicates the existence of moderate or severe soil limitations for the USES proposed, the applicant shall detail the methods to be employed to mitigate the limitations. 8. If STREET/ROAD or highway facilities which provide access to the property are not adequate to meet the requirements of the proposed zone district, the applicant shall supply information which demonstrates willingness and financial capability to upgrade the STREET/ROAD or highway facilities in conformance with the ThoroughfaroTransportation Plan and thereby meet the requirements of Section 23-2-40 B.4 of this Chapter. This shall be shown by an Improvements Agreement or contract guaranteeing installation of improvements by the applicant made in conformance with the County policy on collateral for improvements. Approval of the Improvements Agreement will be a condition of obtaining an Access Permit, pursuant to Section 12-5-10 et seq., and the Improvements Agreement shall meet the requirements of Appendix 12-A. PAGE 56 2019-* ORD2019-02 Formatted: Highlight • 9. If, according to maps and other information available to the COUNTY, the Department of Planning Services determines that there appears to be a sand, gravel or other mineral resource on or under the subject property, the applicant shall provide a mineral resource statement prepared by a certifiedprofessional geologist as defined in C.R.S. Section 23- 41-208(1)(b) or other qualified expert, including but not limited to a Colorado Geological Survey employee. The statement shall indicate the estimated quantity of resources and the economic feasibility of recovery, now and in the future, of the resources so that the Planning Commission and Board of County Commissioners can determine whether a COMMERCIAL MINERAL DEPOSIT is contained on or under the subject properties. 10. If the proposed Change of Zone is located within an Overlay DistrictOVERLAY ZONING DISTRICT identified by maps officially adopted by the COUNTY, the applicant shall submit information which either documents how the COUNTY regulations concerning Overlay Distri-otsO\/ERLAY ZONING DISTRICTS have been satisfied or documents how the applicant intends to meet the requirements of the COUNTY regulations concerning Overlay DistrictsOVERLAY ZONING DISTRICTS. 11. — No change. 12. REPEALED. ;See Section 23-2-20.B.7.)A--sign sh-al! be po-steel -for the appi-cant-on-the pfope#y--under consideration for a rezc n-ing. The sign shall be posted adjacent to an -el visib e from a pub icy maintainer roar right of -way. n tie event the property under consideration is not a ; shall be -posted in the most -prominent place on the property and a second -sign posted -at th-e point at which the driveway (access drive) intersects a publicly maintained road right of way. The sign shall be posted at least ten (10) days prior to the hearing and evidenced with -a phofogra- T --he the-following-i rrnatie-n a. Change of Zone number. b. D ate; -ti m e -an-d-place-of-pu-b•Ii-hearing. c. Location and telephone number of the -public office where additional information may be obtained. d. Applicant's name. c. Size of parcel of -land. f. Type of request. 13. The application fee. PAGE 57 2019-* ORD2019-02 ., 4 Formatted: list1, Indent: Left: 0.25", Keep lines together [ Formatted: Keep lines together Formatted: Widow/Orphan control, Keep lines together CFormatted: Font: 12 pt Formatted: Normal, Indent: Left: 0", First line: 0.25", Keep lines together F. The applicant -shall submit three (3) paper coptcc of the plat-p-retim-inary approval to the [Formatted: Keep lines together ices. Upon approval of the paper -copies, the applicant shall submit a Mylarthe plat on Mylar or other drafting media approved by the Department of Planning Services, thirty-six (36) inches wide by twenty-four (24) inches high, along with all other documentation required as Conditions of Approval. The plat shall bear original signatures and seals in permanent black ink. The Mylar plat shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The plat shall be prepared in accordance with the requirements of Subsections 23 2 50.C and 23-2- 50.D of this Article. The Mylar plat and additional requirements shall be recorded within one hundred twenty (120) days from the date of the Board of County Commissioners resolution, or within a date specified by the Board of County Commissioners. The applicant shall be responsible for paying the recording fee. If a plat has not been recorded within one hundred twenty (120) days of the date of the approval of the Change of Zone (COZ), or within a date specified by the Board of County Commissioners, the Board may require the landowner to appear before it and present evidence substantiating that the COZ has not been abandoned and that the applicant possesses the willingness and ability to record the plat. The Board of County Commissioners may extend the date for recording the plat. If the Board determines that conditions supporting the original approval of the COZ cannot be met, the Board may, after a public hearing, revoke the COZ. G. Nothing in this Division 1 shall be interpreted as prohibiting tie submittal of an application fora a Site Plan Review or Use by Special Review concurrently with or prior to approval of a Change of Zone application. The Change of Zone plat shall be approved and recorded prior to recording of such Site Plan Review or Use by Special Review. If the Change of Zone is not approved, such Site Plan Review or Use by Special Review application shall be void. Amend Sec. 23-2-60. Effective date of approved amendments. 4. 4 Any approved amendments to the Official Zoning Map shall be effective immediately upon< approval by the Board of County Commissioners unless otherwise specified by the approving resolution of the Board of County Commissioners. However, nc building permit shall be issued and no USE shall commence on the property until the plat required in Section 23-2-50.F is recorded. Division 2 - Amendments to Chapter Text Amend Sec. 23-2-110. Duties of Department of Planning Services. 4 - Upon submission of a request from the Board of County Commissioners for any proposed< amendments to the text of this Chapter, the Department of Planning Services shall: A. and B. — No change. C. Set a Planning Commission hearing date and a Board of County Commissioners hearing date after the completion of the proposed amendment. D. Arrange for legal notice of said -hearings to be published once in the newspaper designated by the Board of County Commissioners for publication of notices. The date of publication shall be at least ten (10) days prior to the hearing. E. and F. — No change. PAGE 58 2019-* ORD2019-02 Formatted: Justified, Indent: Left: 0", Hanging: 0.25", Widow/Orphan control, Keep lines together Formatted: Font: 12 pt Formatted: Normal, Indent: Left: 0", First line: 0.25", Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together Amend Sec. 23-2-130. Duties of Board of County Commissioners. A. REPEALED.The Board of County Commissioners shall: 1. Seta Board of County Commissioners public hearing date within forty five (45) days. 2. Arrange for legal -notice of -said hearing to be published once in the newspaper designated by - the Board of County Commissioners for publication of notices. The date of publication shall be -a -t -least -f teen (1 -4) -days -prior -to -the 1 eari-ng. Remainder of Section — No change. d Division 3 - Site Plan Review Amend Sec. 23-2-150. Intent and applicability. A. — No change. 4 4 a 4 4 B. A Site Plan Review is required for USES as described in Article Ill ,of this Chapter, in --the following Zone Districts: Al (Concentrated Animal), Residential R 2, R-3 and RA Zone Districts except for tiose uses containing a singe fami y owe ing unit or duplex units where the two (2) units are not held in separate ownership, all Commercial Zone Districts, all Industrial Zone-D-istricts, and any PUD Districts where a use the proposed USE would require a site plan reviewSite Plan Review in an R-43, Commercial or Industrial Zone District. C. No land, BUILDING or STRUCTURE shall be USED, changed in use USE or type of occupancy, DEVELOPED, erected, constructed, reconstructed, moved or structurally altered or operated in any zone district that requires a Site Plan Review until a Site Plan Review has been approved and recorded by the Department of Planning Services. D. — No change. E. No Site Plan Review shall be required for: 1. Normal repairs and maintenance of an existing bui-ldingBUILDING or structureSTRUCTURE. 2. Alterations which do not affect more than twenty-five percent (25%) of the external dimensions of an existing buildingBUILDING or structureSTRUCTURE unless such alterations are made to change the USE or type of occupancy within part or all of the altered BUILDING or STRUCTURE. 3. SignsSIGNS, fencing, oil and gas production facilitiesOlL AND GAS FACILITIES in the I 3- flndustrial)-Zone-Distr-ict, or TEMPORARY STRUCTURES such as, but not limited to, those usedUSED for the sale of fireworks or the TEMPORARY sale of Christmas trees. PAGE 59 2019-* ORD2019-02 Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together J Formatted: Indent: Left: 0", Keep lines together Formatted: Widow/Orphan control, Keep lines together Commented [JF30]: Cheryl, as we discussed, Bob is working on language in this Site Plan section. I think it will mainly be in 23-2-180 and -185, but could include other sections. 23-2-185 may become 23-2-175. ( Formatted: Keep lines together 1 Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together f _ Commented [JF31 ]: Minor addition for clarity. Formatted: Highlight F. ASU-ILDIN-G or STRUCTURE which was inplaceprior-to the effective date of Ordnance (20%) of those external dimensions in existence as of June 11, 1996, before a Site Plan e the use or type of occupancy within part oc al the enlarged BUILDING -or STRUCTURE.The Board of County Commissioners delegates the authority and responsibility for processing and approving Site Plan Reviews to the Department of Planning Services. The Department of Planning Services shall also have the responsibility of ensuring that all application submittal requirements are met prior to initiating any official action. Once an application is deemed complete, the Department of Planning Services shall send the application to applicable REFERRAL agencies listed in Appendix 23-G, as determined by the Department of Planning Services. The failure of any agency to respond within twenty-eight (28) days may be deemed a favorable response. All REFERRAL agency review comments are considered recommendations to the COUNTY. The authority and responsibility for approval and denial of a Site Plan Review application rests with the COUNTY. G. The Director of Planning Services may waive the site plan review requirement for COMMERCIAL and INDUSTRIAL USES in a Planned Unit Development (PUD) upon determination that sufficient detailed information was submitted and reviewed in the Final PUD Plan H. — No change. I. Any person filing an application for a site plan review Site Plan Review shall comply with Article V and Article XI of this Chapter if the proposal is located within any Overlay District Area OVERLAY ZONING DISTRICT or a Special Flood Hazard AreaSPECIAL FLOOD HAZARD AREA identified by maps officially adopted by the COUNTY. J. - No change. K. Applications for a Site Plan Review located in a Regional Urbanization Area shall adhere to any and all applicable regulations in Chapter 264-9 and any other County ordinance in effect. L. The applicant or owner shall submit an Improvements Agreement agreeing to construct the required improvements as shown in the application, plans and other supporting documents. The Agreement shall be made in conformance with the County policy on collateral for improvements. The Agreement shall be approved by the Board prior to recording the fia1 exhibit or platmap, if applicable. Amend Sec. 23-2-160. Application requirements for site plan review. 4 4 Any person wanting to apply for a Site Plan Review shall arrange for a preapplicationpi conference with the Department of Planning Services. The purpose of the application is to give the applicant an opportunity to demonstrate, through written and graphic information, how the proposal complies with the standards of this Chapter. The following supporting documents shall be submitted as a part of the application: A. A site plan reviewSite Plan Review application form provided by the Department of Planning Services. B. — No change. C. REPEALED. A party wall agreement and legal description for duplex or triplex USES where units are held in separate ownership. D. REPEALED.A-condo declaration and --legal descriptio-n-fo-r the condo, if applicable. PAGE 60 2019-* ORD2019-02 Formatted: Indent: Left: 0", Hanging: 0.25", Keep lines together Formatted: Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together E. thru G. — No change. H. REPEALED. (See Subsection R.: A—cor eted County Road Access Information Sheet provided by the Department of Plannin completed Access Permit and Improvements -Agreement, where applicable, pi-ar=to approval of a Sit I I I II Section 12 5 10 et seq. I — No change. J. A statement indicating that the proposed USE meets the required SETBACK and OFFSET Bulk Standards requirements of the zone district. K. — No change. L. A plan describing any proposed signage, drawn to an appropriate scale, which shall include specifications of the proposed sign SIGN and signSIGN structuroSTRUCTURE along with the method of construction and attachment to the BUILDING or ground. The position and distance of the s-ignSIGN in relation to property lines and BUILDINGS and STRUCTURES on the property shall be shown on the Site Plan Review map. The applicant shall apply for and receive a building permit for all proposed signsSIGNS. M. Statements describing that the LANDSCAPE requirements listed below have been met: 1. The lotLOT shall adhere to the Maximum Lot CoverageLOT COVERAGE requirements of the zone district in which it is located in, as shown in the Bulk Requirements in this Chapter, or Chapter 26 or 27, if applicable. Land shall not be deemed covered if it is used for growing grass, shrubs, trees, plants or flowers or if it is otherwise suitably LANDSCAPED. 2. That portion of a LOT in the zone district which abuts a publicPUBLIC or private streetSTREET/ROAD-rig4ht of -y RIGHT-OF-WAY shall have a minimum ten -foot wide LANDSCAPE SETBACK that is LANDSCAPED, unless the LOT is governed by a more restrictive LANDSCAP-E SETBACK that is LANDSCAPED contained in an overlay districts PLANNED UNIT DEVELOPMENT, Chapter 26 of this Code or any other applicable County ordinance. The LANDSCAPE SETBACK that is LANDSCAPED is measured at a right angle from the existing or planned future right-of-wayRIGHT-OF-WAY to any PARKING LOT, fencing, storage area or STRUCTURE. Sidewalks and driveways may pass through the required LANDSCAPE SETBACK. 3. REPEALED. 'See Section 23-4-30.)Landscaping techniques shall be utilized in design of PARKING LOTS to aid in buffering-P--A-PKING LOTS from roadways. 4. REPEALED. (See Subsection W.9) The applicant shall —submit to the Department of Planning Services a detailed LANDSCAPE plan delineating the existing and-pfe.poscd trees, shrubs, ground --covers, natural features such as rock -outcroppings and other _ANDSCAPE e ements. —ie plan sia slow where LANDSCAPE exists or will be located, along with planting an -d construction details, species name and size. Where exi-sting plantings are to be retained, tie a DD icant sia inc uce in tie o an proposes me-7ocs of p -retesting the plantings during construction— 5. — No change. PAGE 61 2019-* ORD2019-02 N. A statement accompanied -by -evidence explaining how the sto-rmwater-runoff will -be handled-: is eas, etc.), then evidence, maps and calculations explaining how stormwater retention factli-ties are designed d site shall be -designed for a one hundred year storm and release ret-a at a rate not to exceed fad v rrm_falling on fh indeyelo !I site. The applicant shall provide a narrative or preliminary drainage study in accordance with the stormwater drainage criteria requirements of th isAcCode. O. - No change. P. A statement explaining that the loading/service areas meet the requirements in Article IV, Division 1 of this Chapter or a more restrictive ordinance.in all districts shall be located, designed and constructed in a manner thsat4s in conformance with the stand 1. Sufficient space shall be -provided in loading/servi,e areas to accommodate the vehicles being loaded or unloa ring property or rights -of way. Loading/service areas shall be paved. 2. Loading areas-l-ocated within -the l 1 (Industrial) Zone Distric: and 12 (Industrial) Zone District shall be designed to -comply with the appropriate use regulations under either Section 23 3- 310 or 23-3 320 of this Chapter. Q. A statement explaining t-h-athow the LOT(S) shallwill have safe access to an approved publicPUBLIC or private STREET/ROAD and a traffic narrative describing the pro'ected number of vehicle trips (average per day, maximum per day, peak hour data: to and from the site and the type of vehicles (passenger, semi -truck, etc.). The design designation of a STREET/ROAD or highway as to type shall be in conformance with that shown on the Transportation Plan and/or the MASTER PLAN of the affected municipality. A traffic impact study may be required. Improvements to adjacent STREETS/ROADS may be necessary to provide adequate safe and efficient transportation to and from the site. An Improvements Agreement may be required. R. A statement explainingacknowledging that new accesses to pubPUBLIC RIGHTS -OF WAY shall be constructed in accordance with this .Code, and may require an access permit. using the minimum standards below. Designs exceeding these minimums may be required -by the Department of Publi � ks; d pe dig upon the number and type of vehicles generated by the USE proposed. Size of drainage structure fifteen (15) inches minimum in ciameter. Length of drainage -structure twenty (20) -feet min-imurn— Width of acce e twelve (12) inches. ifteen (15) feet for a one way single access, twenty four foot minimum for two way traffic. 5. Maximum grade of access fifteen percent (1594)--- 6. Flare radius twenty foot minimum in a residential zone district, forty foot minimum in comrner-oia-l-and--Ind-ustrial zone districts. Public Works. PAGE 62 2019-* ORD2019-02 4 Commented [JF32]: Making capitalization consistent. Commented [JF33]: Paragraph return Formatted: Highlight Formatted: Keep lines together Formatted: Highlight Formatted: list1, Indent: Left: 0", Keep lines together S. REPEALED.A-statement explain-ing how aeceleratio-n-/deceier-ation lanes, when req ed-b-y-4 the Department of Public Works or the Colorado Department of Transportation, will provide safesefficient access to ARTERIAL or COLLECTOR -STREETS, and are -in complianal-with the engineering requirements in Appendix 12 A. T. A statement explaining that the trash collection areas or facilities are located, designed and USED in a manner that shall meet the requirements of the zone district be SCREENED from PUBLIC RIGHTS -OF -WAY and ADJACENT properties. These areas shall be designed and USED in a manner that will prevent wind- or animal -scattered trash. U. A statement explaining that the USE is compatible with the existing or future developmentDEVELOPMENT of the surrounding areas as permitted by the existing zoning and with the future developmentDEVELOPMENT of the area as projected by the Comprehensive Plan or Master P—I-anMASTER PLAN of affected municipalities and any Intergovernmental Agreement. Such USE shall adhere to the following operation standards, to the extent that they are affected by location, layout and design prior to construction and operation. Once operational, the operation shall conform to the standards listed below: 1. Noise. USES and STRUCTURES in the COMMERCIAL and Industrial Zone District shall be located, designed and operated in accordance with the noise standards as established in Section 25-12-101, et seq., C.R.S. 2. Air Quality. USES in- the COMMERCIAL and Industrial Zone Districts shall be located, designed and operated in accordance with the air quality standards established by the Colorado Air Pollu-t-ienQuality Control Commission. 3. Water Quality. USES 'n s -e COVVeRC A_ a -d rcus:r*a Zore Js:riots shall be located, designed and operated in accordance with the standards established by the Colorado Water Quality Control Commission. 4. — No change. 5. Heat. USES located within the COMMERCIAL and Industrial Zone Districts -shall not emit heat in such an amount sufficient to raise the temperature of the air or of materials at or beyond the LOT line more than five (5) degrees (-52-)-Fahrenheit. 6. Glare. Any lighting USED to illuminate an OFF STREET PARKING AREAoff-street parking area, outside storage area, outside activity area, sig-nSIGN or other structureSTRUCTURE shall be arranged to deflect light away from any adjoining residential zone and from County roadsCOUNTY STREETS/ROADS. Any lighting, including light from high -temperature processes such as welding or combustion, shall be designed, located and operated in such a manner as to meet the following standards: sources of light shall be shielded so that beams or rays of light will not shine directly onto ADJACENT properties; neither the direct nor reflected light from any light source may create a traffic hazard to operators of motor vehicles on PUBLIC or private STREETS/ROADS; and no colored lights may be used which may be confused with or construed as traffic control devices. 7. — No change. 8. REPEALED. (See Subsection Q above.) Tte--aT,d on site —lam ternents Ag-reement shall be made in conformance with the COUNTY policy on collateral for improvements, as well as in conformance with Section 12-5 1 s et seq., and the E-ng-inearing-an d Construct -ion -Standards in Appendix —1-2-A- PAGE 63 2019-* ORD2019-02 Formatted: Keep lines together V. REPEALED.Additional Submittal Requirements for a Livestock Confinement Operation with -in {fir rJ !\runnel\ rr,r,r� liic'+rir+4•• In rtirlrfl4b- n 4•r. 44-r. /\ r.v.l..r,l ^� for site plan review requirements, --the following infprmation shall be —submitted with the Site —Plan Review application fo n within the A 1 (Concentrated Animal) Zone District: 1. A Nuisance Management Plan. 2. A Lighting Plan. 3. D of the Colorado Water Quality Control -Commission Regulation Number 81 (6 C.C.R. 1002- - \ cafl��rltc +r1 tnio+or tniollc /'�1 c+or»r- +Inn frr%vn nrn� �r rltArn�rlr /'2\ �rY1r�r.� Iflr r'n#%.-.4 I,.,.1r.. 4 meet seepage -rate; and -(4) impoundment wast-ow-ate- storage-GS-oc-ity—E-vtdence of sush shall be provioea to tie Deoar_ments Puo is -ear) anc Environment and Planning Services. '1. Provide evidence that the facility has been registere eration nment. Written evidence of such shall-be-provided-to-#-he-Department-of-P-u-b o -Wealth and Environment, --- 5. A Facility Management Plan. Supplementary Regulations stipulated -+n Section 23 4! 350 0- this Chapter. 7. A housing plan for employees (if necessary). 8 ----The applicant shall spes+fy the maximum number associated with the Livestock Confinement Operation. W. SITE PLAN REVIEW MAPSite Plan Review Map. The applicant shall submit the draft map fora preliminary approval to the Department of Planning Services in electronic (.pdf) format. The site plan map shall show and comply with the following requirements: 1. thru 5. — No change. 6. A vicinity map at a suitable scale. The map shall locate the site with respect to adjacent roadsSTREETS/ROADS and other major land features (A = 2000'). 7. — No change. 8. The location and names of all roadsSTREETS/ROADS and highways abutting the LOT. 9. The location and name of any water features or irrigation ditches within the perimeter of the LOT.Existing and proposed landscaping, including existing and proposed trees, shrubs, ground covers, natural features such as rock outcroppings and other landscaping elements. The plan shall show where landscaping exists or will be located, along with planting and construction details, species name and size. Where existing plantings are to be retained, the applicant shall include in the plan proposed methods of protecting the plantings during construction. 10. — No change. 11. The location, dimensions and design of any existing and proposed signsSIGNS on the site. Distances from LOT lines shall be indicated. 12. — No change. PAGE 64 2019-* ORD2019-02 f Formatted: list1, Indent: Left: 0", Keep lines together Formatted: Keep lines together 13. The location and dimensions of vehicular drives, entrances, exits, acceleration and deceleration lanes; location and dimensions of pedestrianp entrances, exits, sidewalks and walkways. 14. General location, arrangement and dimensions of parking spaces, width of aisles, width of bays,dimensions and angle of parking and other similar information. 15. Any other information deemed necessary by the Department of Planning Services. 16. The map shall be titled "Site Plan Review No. ." The Department of Planning Services shall provide the appropriate number. 17. The map shall bear the following certifications: a. Property owner's certificate: 4 I, the undersigned, certify that the uses, buildings and structures located on this Sited Plan Review are designed and will be constructed and operated in accordance with the development standards hereon and the district requirements for the Zone District as stated in Chapter 23 of the Weld County Code. I understand failure to comply with the development standards, applicable provisions of County Code, and/or any conditions of approval could result in the County initiating a compliance action against me or my successors. Signature of Property Owner The foregoing instrument was subscribed and sworn to be before me this day of by WITNESS my hand and official seal My commission expires: Notary Public b. Department of Planning Services' Administrative Review Certificate: This map is accepted and approved for filing. Director of Planning Services The foregoing certificate was acknowledged before me this day of , , by WITNESS my hand and official seal. My commission expires: Notary Public PAGE 65 2019-* ORD2019-02 Formatted: Highlight 1 Formatted: Indent: Left: 0.5", Keep lines together Formatted: Indent: Left: 0.75", First line: 0", Keep lines together Formatted: Indent: Left: 0.5", Keep lines together J Formatted: Indent: Left: 0.75", First line: 0", Keep lines together X. REPEALED.Site-Plan Review Plat: A Site -Plan Review Rat shall be prepared -after a Site Plana far -preliminary approval to the Department -of -Planning Services. Upon approval of the paper copies, the applicant shall submit a IVy ar p- at, a ong witi a otier cocumentation recuirec as conditions of approval. The Mylar plat shall be recorded in the office of the County Clerk and Recorcer by tie Department of P anning Services. Tie My a- p at anc accitiona requirements sia be recordec witiin one lunar -co twenty (' 20) cays -rom tie sate tie administrative review was signed. The appti -shalt-be responsible for paying the recording fee. If the Site P an Review P at las not been recordec witiin one -iuncrec twenty (A20) cays from tie cate the administrative review was signed, or if an applicant is uiwilling or unable to meet any of the conditions within one hundred twenty ('20) cays of aporova , the aoo ication wi oe forwarded to the Weld County Code Compliance for violation. The Director of Planning the applicant. The plat shall meet the following requirements: t11he-pfa-t shall be delineated -in nonfading--permanent black ink on a Mylar or other product of. equal quality, tiree (3) mi imeters or greater in tiicdcness. Tie p at sia bear origina signatures and seals in permanent black in -c. Tie size of eaci sia be twenty-four (24) inches in height by thirty-six (36) inches in width. The -mixing of sheet sizes is prohibited. No plat back," adhesive film or Kroy lettering tape. The drawing shall be at sufficient scale to show all necessary detail. 2. REPEALED. 3. REPEALED. Tie p asia be tit ed "Site Pan Review No. ." The Department of Planning Services shall provide the appropriate number. 5. The plat shall include all of the items approved in the site plan review administrative comments. 6 by plat shall b r the following certifications: a. Property owner's certificate: I, the undersigned, certify that the uses, buildings and structures located on this Site Plan Review are cesigned anc wi be cons-ruc:ec anc opera Ad in accordance with the applicable DEVELOPMENT standards and district req iiraments for Fhe Zone District as stated in tie Wee County Zoning Ordinance ant in accorcance witi any concitions imposed by the Board of County Commissioners at the time the property was zoned-oc-rezoned—1 understand my failure to comply with the DEVELOPMENT standards and/or any conditions could result in -the County initiating a compliance action against me. 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 PAGE 66 2019-* ORD2019-02 4 Formatted: Keep lines together 1 Formatted: list1, Indent: Left: 0", Keep lines together Formatted: list1, Indent: Left: 0", Hanging: 0.25", Keep lines together b. Department of Planning Services' Administrative Review Certificate: This--plat-is accepted--a-n-d-approved for filing. Director of Planning Services - The foregoing certificate was acknowled by WITNESS my hand and official seal My commissio Notary -Public c. Ea0emen: Certificate examo e: Tiis certificate sla be usec when any easement crosses any - of the -proposed -lots of the -Site Plan Review. The plat shall also-i-d-e-ntify the --benefited lot -and purpose of the easement. d a I (we) do er-e ed-ica-ter- for the--be-ne f+ of t"e p r ( -1-- -- - ed hereon 14 easements for the purposes s1 -own or-descried-her--eon— Signature Signature Printed/typed name Printed/Typed name Y. The applicant shall provide the Department of Planning Services with a certificate from the County Treasurer showing no delinquent property taxes for the parcel area. Z. and AA. — No change. BB.REPEALED.P--h-oto Mechanical Transfer (PMT), if required. CC. REPEALED. (See Subsection W.11.)A set -of -sign standards -in acceorcia-n-ce with Chapter 23, Article IV, Division 2. The location of any sign requiring zoning approva sia be siown on tie Site -Plan Review map. Distances -from prope ty-tines shall be -indicated-: DD. REPEALED. (See Subsection Q.; If applicable, an -Improvements Agreement -executed by -the applicant. This Agreement shall be -+n accordance with the County policy and documents for collateral far improvements, as well -as --in conformance--with-Section 1-2 5 10 et sec and-the Engineering and Construction Standards in Appendix 12 A. EE.The application fee. FF. Investigation Fee, if applicable` An additional fifty (50) percent of the permit fee shall be added to the cost of the application fee if the USE is started prior to approval of a Site Plan Review. The payment of the investigation fee shall not relieve any persons from fully complying with the requirements of this Chapter, nor from any other penalties. ,GGFF. The names and addresses of any owner, operator, or user of any irrigation ditch, lateral,4 or pipeline that traverses the property. PAGE 67 2019-* ORD2019-02 Formatted: list1, Indent: Left: 0", Keep lines together Formatted: list1, Indent: Left: 0", Hanging: 0.25", Keep lines together Formatted: list1, Indent: Left: 0", Keep lines together J Formatted: list1, Indent: Left: 0" Hanging: 0.25", Keep lines together Formatted: Keep lines together 1 ( Formatted: Keep lines together 1 Commented [JF34]: I think it will be better to make all these consistent and keep these sentences together on one line. Formatted: Highlight Formatted: Highlight Formatted: Keep lines together • 1 Amend Sec. 23-2-170. Changes and termination of use. A. Any approved Site Plan Review shall be limited to the items shown on the Site Plan Review map and the approved useUSE and type of occupancy. Major changes from the approved Site Plan Review map, USE or type of occupancy shall require the approval of an amended Site Plan Review by the Department of Planning Services. The Department of Planning Services is responsible for determining whether a major change exists, in which case a new Site Plan Review application and processing shall be required. Any other changes shall be filed in the Department of Planning Services in the approved Site Plan Review file. B. Construction of improvements pursuant to approval of a Site Plan Review shall be commenced, and continual progress shall be made, within three (3) years from the date of approval, or the approval shall terminate thirty '30) days following notice to the applicant. The Director of Planning Services may grant an one-time extension of timeup to one hundred twenty (120) days, for good cause shown, upon a written request by the landowner. Before this extension has expired, the applicant may seek a further extension from the Board of County Commissioners by written request to the Director of Planning. C. Approval of a Site Plan Review shall terminate when the USE is discontinued for a period of three (3) consecutive years or a new Site Plan Review is approved. Should the Department of Planning Services observe or receive credible evidence o- a discontinuance for a period of three (3) consecutive years, the Department shall notify the applicant and property owner by first-class mail. If the applicant or property owner ob.ects to the termination of the Site Plan Review within thirty (30) days of notice having been sent, the Director of Planning Services may schedule a public hearing before the Board of County Commissioners for its review and decision and notify the applicant or property owner at least ten (10) days prior. Sec. 23-2-185. - Approval and recording of the site plan review map. Upon approval of the draft Site Plan Review map, the applicant shall submit a Site Plana Review map for recording, along with all other documentation required as conditions of approval. The map shall be delineated in nonfading permanent black ink on Mylar or other drafting media approved by the Department of Planning Services. The map shall bear original signatures and seals in permanent black ink. The size of each sheet shall be twenty-four (24 inches in height by thirty-six (36) inches in width. Upon completion of all conditions of approval, the map shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The applicant shall be responsible for paying the recording fee. The conditions of approval shall be met and the map recorded within one hundred twenty '120) days from the date the administrative review was signed. If the Site Plan Review map has not been recorded within one hundred twenty :120) days from the date the administrative review was signed (or from the date the resolution was signed, if approved by the Board of County Commissioners), or if an applicant is unable to meet all of the conditions within one hundred twe'ity (120) days of approval, the applicant may request an extension from the Director of Planning Services. The Director of Planning Services may grant a one-time extension of up to one hundred twenty (120) days, for good cause shown, upon a written request by the applicant. Before this extension has expired, the applicant may seek a further extension from the Board of County Commissioners by written request to the Director of Planning. If the Board of County Commissioners denies the extension or if the conditions are not met and the map recorded by the date specified by the Board, the Site Plan Review approval shall be voided, and the application denied. PAGE 68 2019-* ORD2019-02 Formatted: Widow/Orphan control, Keep lines together ( Formatted: Keep lines together Formatted: Indent: Left: 0", First line: 0.25", Keep lines together Division 4 - Uses by Special Review Amend Sec. 23-2-200. Intent and applicability. a A. Uses by Special Review are USES which have been determined to be more intense or toa have a potentially greater impact than the Uses Allowed by Right in a particular zone district. Therefore, Uses by Special Review require additional consideration to ensure that they are established and operated in a manner that is compatible with existing and planned land USES in the NEIGHBORHOOD. The additional consideration or regulation of Uses by Special Review, and the application to a Use by Special Review of Performance, Design and Operations Standards listed both herein and for applicable USES from any zone distr-pct, are designed to protect and promote the health, safety, convenience and general welfare of the present and future residents of the COUNTY. B. The Board of County Commissioners may approve the establishment of a Use by Special Review by granting a Special Review Permit. All requests for Special Review Permit shall be reviewed by the Planning Commission. The Planning Commission recommendation shall be forwarded to and considered by the Board of County Commissioners except for MAJOR FACILITIES OF PUBLIC UTILITIES OR PUBLICthe following conditions. Any DEVELOPMENT or USE which requires a Special Review Permit and which is initiated by genera purpose oca government, State, Unitec States government, specia cistrict or authority created under the provisions or tie taws of tie State, or any pub is uti ity wryetier p-ublidi-y or privately owned, which shall require review and approval by the Planning Commission only as set forth in Division 5 belowof this Article II. C. Any person filing an application for a Special Review Permit shall comply with the COUNTY procedures and regulations as set forth herein. Any expansion or enlargement of a Use by Special -Review --shall be -treated as a new USE and shall require a new application under the provisions of this Division. D. and E. — No change. F. The applicant or owner shall submit an Improvements Agreement agreeing to construct the required improvements, as shown in the application, plans and other supporting documents. The agreement shall be made in conformance with the County policy on collateral for improvements. The agreement shall be approved by the Board prior to recording the final exhibit or platmap, if applicable. Approval of the Improvements Agreement will be a condition of obtaining an Access Permit, pursuan : _o Section 12-5-/ 0 e: seq., anc :ie morovements Agreement shall -mot tire -requirements of Appendix -1-2 A. G. Applications for Special Review Permits shall be accepted only for proposed USES on LEGAL LOT(S). An application for a Special Review Permit shall include the entire LEGAL LOTS) upon which the Special Review Permit will be located. PAGE 69 2019-* ORD2019-02 Formatted: Widow/Orphan control, Keep lines together IFormatted: Keep lines together H. The applicant shall submit three (3) paper copies -of the pta-tthe draft map for preliminary approval to the Department of Planning Services in electronic '.pdf) format. Upon approval -of the paper co -pies, the applicant shall submit a-Mylar--piatthe map on Mylar or other drafting media approved by the Department of Planning Services, along with all other documentation required as Conditions of Approval. The Mylar platmap shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The plat -map shall be prepared in accordance with the requirements of Subsection 23-2-260.D of this Article. The Mylar plat and additional-rectiiiremeRtsmap shall be recorded within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. If a Use by Specia Review (USR) p-l-a-tmap has not been recorded within one hundred twenty (120) days from The date of the Board of County Commissioners Resolution, or within a date specified by the Board of County Commissioners, the Board may require the landowner to appear before it and present evidence substantiating that the Use by Special Review (USR) has not been abandoned and that the applicant possesses the willingness and ability to record the Use by Special Review (USR) pl-atmap. The Board of County Commissioners may extend the date for recording the p-ta-tmap. If the Board determines that conditions supporting the original approval of the Use by Special Review (USR) pcannot be met, the Board may, after a public hearing, revoke the Use by Special Review (USR). Amend Sec. 23-2-210. Duties of Department of Planning Services. E Any person wanting to apply for a Use by Special Review shall arrange for a preapplicationa conference with the Department of Planning Services. A. — No change. B. Upon determination that the application submittal is complete, the Department of Planning Services shall: 1. Refer the application to the followingapplicable agencies listed in Appendix 23-G, as determined by the Department of Planning Services., when applicable, for review and comment he agencies -named shall respond —an -twenty-eight (28) days —after the mails . The failure cf any agency to respond within twenty-eight (28) days may be deemed to be a favorable response to the Planning Commission. The reviews and comments solicited by the COUNTY are intended to provide the COUNTY with information about the proposed Use by Special Review. The Planning Commission and Board of County Commissioners may consider all such reviews and comments and may solicit additional information if such information is deemed necessary. The reviews and comments submitted by a referraIREFERRAL agency are recommendations to the COUNTY. The authority for making the decision to approve or deny the request for a Special Review Permit rests with the Board of County Commissioners. Delete a. thru v. The planning commission or governing — a —Ely -of any town and r consideration for a Use by Special Review Permit. b. The planning commission or governing -body of any city or town that has included -the parcel in its MASTER PLANNING area or -Intergovernmental -Agreement. �. Department of Public -Health and Environment. d. Department of Public Works to review the engineering aspects -of the proposal. PAGE 70 2019-* ORD2019-02 Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together ICommented [JF35]: The other similar sections don't L have this note. e— County Extension office— f. Colorado Department of Public Health and Environment. g. Colorado Geotegica-l--uFv-e-y— h. Colorado Historical Society. Colorado Department of Transportation. Colorado State Division of Wildlife— <. Co Co oraco State Engineer, Division of Water Resources. oraco State Oil and Gas Conservation Commission. m. Colorado Water Conservation Board. n. U.S. Army Corps of Engineers. o. U.S. Soil Conservation Service. p. U.S. Forest Service. q. U.S. Bureau of Land Management. r. Federal Aviation Administration. s. Federal Communications Commission t. The appropriate firo district. consideration. v. Any other agencies or individuals whose review the Department of-ning Services, Planning Commission or Board of County Commissioners deems necessary. 2. Prepare staff comments for use by the Planning Commission addressing all aspects of the application, its conformance with Chapter 22 of this Code and any other applicable code provision or ordinance in effect, adopted master plansMASTER PLANS of affected municipalities, sound land use planning practices, comments received from agencies to which the proposal was referred and standards contained in this Chapter. 3. Set a Planning Commission hearing date and a Board of County Commissioners hearing date. The Board of County -Commissioners public hearing may also be set and be given legal notice and posting, concurrent -with -setting o -f -the -Planning Commission hearing date and in accordance with Section 23 2 230.A. Otherwise, the Board of County Commissioners public hearing shall be set after the Planning Commission hearing. 4. — No change. 5. Give notice of the application for a Special Review Permit and the public hearing dates to those persons listed in the application as owners of property located within five hundred (500) feet of the parcel under consideration. Such notification shall be mailed, first-class, not less than ten (10) days before the scheduled Planning Commission public hearing. Such notice is not required by state statute and is provided as a courtesy to surrounding property owners (the surface estate). Inadvertent errors by the applicant in supplying such list or the Department of Planning Services in sending such notice shall not create a jurisdictional defect in the hearing process, even if such error results in the failure of a surrounding property owner to receive such notification. PAGE 71 2019-* ORD2019-02 6. A sign shall be posted for the applicant on the property under consideration for a Use by Special Review permit. The sign shall be posted adjacent to and visible from a publicly maintained road right-ef-v y PUBLIC STREET/ROAD RIGHT-OF-WAY. In the event the property under consideration is not adjacent to a PUBLIC STREET/ROAD RIGHT-OF-WAY, one (1) sign shall be posted in the most prominent place on the property and a second sign posted at the point at which the driveway (access drive) intersects a of way PUBLIC STREET/ROAD RIGHT-OF-WAY. The sign shall be posted at least ten (10) days prior to the Planning Commission hearing and evidenced with a photograph. The sign will include the following information: a. — No change. b. Date, place and time of Public Hearings. c. thru f. — No change. 7. Arrange for legal notice of said hearings to be published in the newspaper designated by the Board of County Commissioners for publication of notices. At the discretion of the Board of County Commissioners, a second notice may be published in a newspaper which is published in the area in which the Use by Special Review is proposed. Failure to publish the second notice shall not create a jurisdictional defect in the hearing process. The date of publication shall be at least ten (10) days prior to the hearing. Amend Sec. 23-2-220. Duties of Planning Commission. 4 A. The Planning Commission shall hold a hearing to conside- the application for the Special Review Permit. The public hearing may involve either the Special Review Permit application alone or may include the review of concurrent applications under the COUNTY's provisions for Overlay Districts Regulations in Article V and Floodplain Regulations in Article XI of this Chapter. The Planning Commission shall provide recommendations to the Board of County Commissioners concerning the disposition of the requested Special Review Permit. The Planning Commission shall approvorecommend approval of the request for the Special Review Permit only if it finds that the applicant has met the standards or conditions of this Subsection A and Sections 23-2-240 and 23-2-250 of this Division. The applicant has the burden of proof to show that the standards and conditions of this Subsection A and Sections 23-2-240 and 23-2-250 are met. The applicant shall demonstrate: 1. thru 3. — No change. 4 That the USES which would be permitted will be compatible with future developmentDEVELOPMENT of the surrounding area as permitted by the existing zoning and with the future de-velopmentDEVELOPMENT as projected by Chapter 22 of this Code or MASTER PLANS of affected municipalities. 5. That the application complies with Articles V and XI of this Chapter if the proposal is located within thean Overlay District -Areas OVERLAY ZONING DISTRICT or a Special Flood Hazard Area SPECIAL FLOOD HAZARD AREA identified by maps officially adopted by the COUNTY. 6. and 7. — No change. B. — No change. PAGE 72 2019-* ORD2019-02 Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together C. If the Planning Commission recommendation is conditional upon the applicant completing certain specified items prior to the publication of the notice for the hearing by the Board of County Commissioners, the ten-day period shall commence upon submission of the items by the applicant to the Department of Planning Services. Amend Sec. 23-2-230. Duties of Board of County Commissioners. A. REPEALED.T rnmissioners shall: a a- Set a Boarc of County Commissioners pub is searing, to take p ace not more than forty-fives (45) -days -after -receipt of the-Pla-n-ning--Corn-b s -ion recommendation, or upon -guest of the applicant, for consideration of the proposed Special Review Permit. 2. Arrange for legal notice -of -said hems-ng-to be published -once in the newspaper designated -by e discretion of the Board of County Commissioners, a second notice may be published in a newspaper which is published in the area in which the Use by Special Review is proposed. The failure to publish the -second notice shall not create a jurisdictional defect in the hearing pr-ocess. The date of publication shall be at least ten (10) days prior -to the hearing. 3. Give notice of the application for a Special Use Permit and the public hearing date to those persons listed in the application as owners of property located within -five --hundred (5O0) feet of tie parcel uncer consideration. Such notification shall be mailed, first class, not less than ten --(10) days before the scheduled pub hearing. Such notice -is not required -by -state statute anc is oroviced as a courtesy to surrouncing property owners (the surface estate ). Inadvertent errors by the applicant in supplying such list or the Board of-Qount-y-Gommissioners in sending such notice-sh-all not create a -jurisdictional -defect in the hearing process, even if such error results in the failure of a surrounding property owner to receive such notification. 4 A rra rige-for-fhe-De-pa rtm ent of P l,a nning Services -to --post a sign on -the property under consideration for a Special Review Permit according to the requirements of Section 23 2 210 BA of this Article. B. The Board of County Commissioners shall hold a public hearing to consider the applications and to take final action thereon. In making a decision on the proposed Use by Special Review, the Board of County Commissioners shall consider the recommendation of the Planning Commission, and from the facts presented at the public hearing and the information contained in the official record which includes the Department of Planning Services case file, the Board of County Commissioners shall approve the request for the Special Review Permit only if it finds that the applicant has met the standards or conditions of this Subsection B and Sections 23-2-240 and 23-2-250 of this Division. The applicant has the burden of proof to show that the standards and conditions of this Subsection B and Sections 23-2-240 and 23-2-250 of this Division are met. The applicant shall demonstrate: 1. thru 4. — No change. 5. That the application complies with Articles V and XI of this Chapter if the proposal is located within any Overlay District AreasOVERLAY ZONING DISTRICT or a Special Flood Hazard Area SPECIAL FLOOD HAZARD AREA identified by maps officially adopted by the County. 6. That if the USE is proposed to be located in the A (Agricultural) Zone District, the applicant has demonstrated a diligent effort has been made to conserve PRIME FARMLAND in the locational decision for the proposed useUSE. Remainder of Section — No change. PAGE 73 2019-* ORD2019-02 Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together Formatted: list°, Indent: Left: 0", Keep lines together Formatted: Keep lines together Formatted: Widow/Orphan control, Keep lines together Amend Sec. 23-2-240. Design standards. A. An applicant for a Use by Special Review shall demonstrate compliance with the following design standards in the application and shall continue to meet these standards if approved for DEVELOPMENT. 1. and 2. — No change. 3. If soil conditions on the site are such that they present moderate or severe limitations to the construction of STRUCTURES or facilities proposed for the site, the applicant has demonstrated how muchsuch limitations can and will be mitigated. 4. — No change. 5. USES shall comply with the stormwater drainage criteria requirements set forth in this pCode. otherwise required by the Department of Public Works. In the case of a LIVESTOCK CONFINEMENT OPERA ntion facilities shall be designed and cons:ruc.ec n accorcance w -ti the Confined Animal ens (5 C.C.R. 1002 19). b. The drainage facilities shall be designed to release the retained water at a quantity -and rate not to exceed the qu-a-nti-t and -rate of a -five-year storm falling on the UNDEVELOPED sate - 4 6. All parking and vehicle storage shall be provided on the site_; parking shall not be permitted - within any public right of way. An adequate parking area shall be provided to meet the parking needs of employees, company vehicles, visitors and customers. Parking and loading areas shall be designed and constructed in accordance with Division 1 of Article IV of this Chapter. 7. The USE shall comply with all the SETBACK and-OFFSETBulk Standards requirements of the zone district. 8. - No change. 9. New accesses to public rights-of-wayPUBLIC RIGHTS -OF -WAY shall be constructed in accordance with this Code.using the following as minimum standa-r- elve (12) inches in diameter. b. Length of drainage structure twenty (20) feet. c. Depth of cover over pipe twelve (12) inches. d. Width of access - fifteen (-15)--feet. e. Maximum grade Gf-access f+ftee-n-perce-nt-(-15%3-- f. Flare radius twenty (20) feet. g. Depth of suing four (4) inches. iic es generated ve mi ay the type of USE proposec. PAGE 74 4 n the type and volume of -a 2019-* ORD2019-02 - I Formatted: Indent: Hanging: 0.25", Keep lines J Formatted: Keep lines together Formatted: Highlight Formatted: list1, Indent: Left: 0.25", Keep lines together Formatted: Keep lines together Formatted: list1, Indent: Left: 0.25", Keep lines together Formatted: list1, Indent: Hanging: 0.25", Keep lines together 10. Buffering or SCREENING of the proposed USE from ADJACENT properties may bes required in order to make the determination that the proposed USE is compatible with the surrounding usesUSES. Buffering or SCREENING may be accomplished through a combination of berming, landscaping and fencing. 11. — No change. 12. The placement of signsSIGNS on the site shall comply with the requirements of Article IV, Division 2 and Appendixes 23-C, 23-D, and 23-E of this Chapter, unless a waiver therefrom is requested in the application and granted by the Board of County Commissioners as part of the Use by Special Review Permit. Offsite signsSIGNS shall not be permitted through the USR permit process. 13. A statement explaining that the trash collection areas or facilities shall be SCREENED from PUBLIC RIGHTS -OF -WAY and ADJACENT properties. These areas shall be designed and USED in a manner that will prevent wind- or animal -scattered trash. B REPEALED. (See Division 5 of this Article.) If the Special Review Permit for a MAJOR •` FACILITY —OF —A PUBLIC UT-4-Lt-P(--O-R PUBLIC AGENCY is approved, the-Plann+n-g Commission shall arrange for the Department of Planning Services to record the appropriate Facilities Plan -,Utility Line or Selected Route Map with the County Clerk -and -Recorder Amend Sec. 23-2-250. Operation standards. 4 An applicant for a Special Review Permit shall demonstrate conformance with the followings operation standards in the Special Review Permit application to the extent that the standards affect location, layout and design of the Use by Special Review prior to construction and operation. Once operational, the operation of the USES permitted shall conform to these standards. A. The operation of the USES shall comply with the noise standards enumerated in Section 25- 12-101, et seq., C.R.S. B. thru D.1. — No change. 2. Neither direct nor reflected light from any light source may create a traffic hazard to operators of motor vehicles on PUBLIC or private STREETS/ROADS and no colored lights may be used which may be confused with or construed as traffic control devices. E. and F. — No change. G. Any off -site and on -site Improvements Agreement shall be made in conformance with the County policy on collateral for improvements; a -s- lta-s-in conformance -with Section 12 -5 10 et seq., and the Engineering and Construction Standards in Appendix 12 A. Amend Sec. 23-2-260. Application requirements. A. The purpose of the application is to give the petitioner an opportunity to demonstrate through4 written and graphic information how the proposal complies with the standards of this Chapter. The following supporting documents shall be submitted as a part of the application except for those items determined by the Director of Planning Services, in writing, or the Board of County Commissioners, on the record, to be unnecessary to a decision on the application: 1. thru 4. — No change. PAGE 75 2019-* ORD2019-02 { Formatted: Keep lines together • _ Formatted: Justified, Widow/Orphan control, Keep lines together 1 Formatted: Font: 12 pt Formatted: Normal, Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together Formatted: Widow/Orphan control, Keep lines together ( Formatted: Keep lines together 1 5. A statement which explains that the application complies with Article V and Article XI of this Chapter if the proposal is located within any Overlay District ArcaOVERLAY ZONING DISTRICT or a Special -Rood Hazard-AreaSPECIAL FLOOD HAZARD AREA identified by maps officially adopted by the COUNTY. 6. and 7. — No change. 8. The applicant shall provide a narrative or preliminary drainage study in accordance with the stormwater drainage criteria requirements of this pCode. 9. A narrative explaining how the LOT(S) will have safe access to an approved PUBLIC or private STREET/ROAD and a traffic narrative describing the pro.ected number of vehicle trips (average per day, maximum per day, peak hour data) to and from the site and the type of vehicles (passenger, semi -truck, etc.). The design designation of a STREET/ROAD or highway as to type shall be in conformance with that shown on the Transportation Plan and/or the MASTER PLAN of the affected municipality. A traffic impact study may be required. Improvements to adjacent STREETS/ROADS may be necessary to provide adequate safe and efficient transrortation to and from the site. An Improvements Agreement may be required. B. The following general information shall be submitted: 1. thru 6. — No change. 7. Present zone and overlay zonesOVERLAY ZONING DISTRICTS, if appropriate. 8. thru 10. — No change. 11. The applicant shall provide the Department of Planning Services with a certificate from the County Treasurer showing no delinquent property taxes for the parcel area. 12. REPEALED. 13. and 14. — No change. 15. A proposed plan for installation of desired signsSIGNS following the standards set forth in Chapter 23, Article IV, Division 2. 16. — No change. 17. The names and addresses of any owner, operator, or user of any irrigation ditch, lateral, or pipeline that traverses the property. C. A detailed description of the proposed operation and USE shall be supplied. Details for the following items, when applicable, are required: 1. thru 7. — No change. 8. REPEALED. Type, size, weight and frequency of vehicular traffic and access routes that w41 be utilized. 9. Domestic sSewage facilities. 10. thru 17. — No change. D. Special Review Permit Plan Map. 1. The map shall be delineated on Mylar or other drafting mediareprod-ucible material approved by the Department of Planning Services. 2. thru 4.c.3) — No change. PAGE 76 2019-* ORD2019-02 `Formatted: Highlight ICommented [JF36]: Paragraph return. 4) The general classifications and distribution of soils over the parcel under consideration. Soil classification names and agricultural capability classifications mustshall be noted in the legend. 5) Locations and names of all roadsSTREETS/ROADS, irrigation ditches and water features. 6) Location of all residences within a one -half -mile radius, existing and proposed accesses to the property proposed for the Use by Special Review, any abutting subdivisionSUBDIVISION outlines and names, and the boundaries of any ADJACENT municipality. 7) Any other relevant information within a one -half -mile distance of the perimeter of the property proposed for the Use by Special Review as may be reasonably required by the COUNTY to meet the intent and purpose of this Chapter. 5. Plot Plan. A plot plan of the Use by Special Review area shall be drawn on the Special Review Permit Plan Map. a. The scale of the plot plan shall be one inch (1'1 inch equals one hundred feet -(100) feet or at another suitable scale if approved by the Department of Planning Services. b. The plot plan shall outline the -Bowidariesboundaries of the parce4LOT(S) being considered for the Use by Special Review. c. The plot plan shall include the location and identification of all of the following items which exist within a two -hundred -foot radius of the boundaries of the Use by Special Review areeLOT(S), as well as within the areaLOT(S; itself; it shall also include the proposed features and STRUCTURES of the Use by Special Review: 1) All public rights of wayPUBLIC RIGHTS -OF -WAY of record (including names). 2) thru 6) — No change. 7) Topography at twoten-foot contour intervals or at intervals as determined necessary by the Department of Planning Services. 8) thru 11) — No change. 12) Location of any flood hazardSPECIAL FLOOD HAZARD AREA, GEOLOGIC HAZARD AREA. or mineral resource areas. 13) The location of any sig-nSIGN requiring zoning approval. Distances from property lines shall be indicated. 14) - No change. E. Supporting Documents. The following supporting documents shall be submitted as part of the application: 1. Where an authorized legal agent signs the application for the fee owners, a letter gran#k g power of-a-tterneto the agent from -the owners must be provided-lf an authorized agent signs, a letter of authorization signed by all fee owners shall be included with the application. If the property is owned by a corporation, evidence that the signatory has the legal authority to sign for the corporation shall be included. 2. thru 5. - No change. PAGE 77 2019-* ORD2019-02 6. REPEALED.If applicable, an Improvements -Agreement executed by the applicant. This • Land -documents for collateral for improvements, as well as in conformance with Section 12 5 10 et seq., and the Engineering and Construction Standards in Appendix 12 A. 7. — No change. F. REPEALED. G. The application fee. H. Investigation Fee, if applicable. An additional fifty (50) percent of the permit fee shall be added to the cost of the Special Review Permit application fee if the USE is started prior to issuance of a Special Review Permit. The payment of the investigation fee shall not relieve any persons from fully complying with the requirements of this Chapter, nor from any other penalties. Amend Sec. 23-2-270. Development standards. 4 4 An applicant for a Special Review Permit shall demonstrate conformance with and shall4 continue to meet any DEVELOPMENT STANDARDS approved and adopted by the CountyCOUNTY. The DEVELOPMENT STANDARDS shall be placed on the Special Review Permit Plan Map prior to recording. Noncompliance with any oT the approved DEVELOPMENT STANDARDS may be reason for revocation or suspension of the special review permit by the Board of County Commissioners. Civil penalties in lieu of a suspension may also be imposed with the express prior agreement of the applicant. The availability of these remedies in no way limits the Board of County Commissioners from seeking or applying any other remedies which are available for noncompliance with the development standardsDEVELOPMENT STANDARDS. Amend Sec. 23-2-280. Changes to a Special Review Permit. A. — No change. B. Any decrease in the land massarea occupied by a Use by Special Review Permit shall qualify the landowner to be able to request a partial vacation of the Use by Special Review from the Board of County Commissioners, permitting the following: 1. thru 3.a. — No change. b. Submit a revised Use by Special Review p latmap to the Department of Planning Services illustrating the vacated portion of the property and the existing permit. The revised ptatmap shall include a note stating that the partial vacation does not create separate parcels. 4. — No change. 5. Once approved, the applicant mustshall submit a p1-atmap conforming to Subsection 23- 2-260.D of this Code. This ptatmap shall illustrate the vacated portions of the property/operation. The ptatmap shall contain two (2) vicinity maps. The first shall illustrate the use boundary prior to the partial vacation. The second shall illustrate the use boundary after the partial vacation. PAGE 78 2019-* ORD2019-02 4 4 Formatted: Keep lines together • Formatted: Highlight r Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together C. The applicant shall submit the draft map for preliminary approval to the Department of Planning Services in electronic (.pdf) format. Upon approval of the draft map, the applicant shall submit a final map for recording, along with all other documentation required as conditions of approval. The map shall be delineated in nonfading permanent black ink on Mylar or other drafting media approved by the Department of Planning Services. The map shall bear original signatures and seals in permanent black ink. Upon completion of all conditions of approval, the map shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The applicant shall be responsible for paying the recording fee. The conditions of approval shall be met and the map recorded within one hundred twenty (120) days from the date the resolution was signed. If the maD has not been recorded within one hundred twenty (120) days from the date the resolution was signed, or if an applicant is unable to meet all of the conditions within one hundred twenty '120) days of approval, the applicant may request an extension from the Director of Planning Services. The Director of Planning Services may grant a one-time extension of up to one hundred twenty (120) days, for good cause shown, upon a written request by the applicant. Before this extension has expired, the applicant may seek a further extension from the Board of County Commissioners by written request to the Director of Planning. If the Board of County Commissioners denies the extension or if the conditions are not met and the map recorded by the date specified by the Board, the approval shall be voided, and the application denied. Amend Sec. 23-2-285. Minor amendments. 4 A. Minor amendments to any approved Use by Special Review and Site Specific Developments -P-nSITE SPECIFIC DEVELOPMENT PLAN may be approved, approved with conditions, or denied administratively by the Planning Services Director and may be authorized without additional public hearings. Such minor amendments may be authorized by the Planning Services Director as long as the developmentDEVELOPMENT application, as amended, continues to comply with these standards and regulations, at least to the extent of its original compliance. The Planning Services Director's approval mustshall be in writing and contain findings of fact. The decision of the Planning Services -Di -Rector may be app led to the Board of Adjustment- p-ursuant to Article VI of this Chapter. B. All -applications will have finding ---of fact prepared by staff for a Minor Amendment and may require a preapplication meeting. Notification to neighbors within five hundred (500) feet of the -property slia-Il be mailed. The fee for a --manor amendment is listed in4he fee sched-u-le;-as amended.Once the application that is subject of this section is deemed complete by the Department of Planning Services, the Department of Planning Services shall send the application to applicable agencies listed in Appendix 23-G, as determined by the Department of Planning Services. The failure of any agency to respond within twenty-eight (28) days may be deemed a favorable response. All REFERRAL agency review comments are considered recommendations. The authority and responsibility for approval and denial of the amendment rests with the Department of Planning Services. -C Review criteria for minor amendments to a Use by Special Review Application and _Site Specific Development PIanSITE SPECIFIC DEVELOPMENT PLAN. To approve a minor amendment, the Planning Services Director rn-ustshall consider the following review criteria and find that each criterion has been met or determined to be inapplicable: 1. The proposed changes will be compatible with existing and allowed us sUSES in the surrounding area and be in harmony with the Haig-hborhoodNEIGHBORHOOD. 2. and 3. — No change. 4. The recommendations of REFERRALreferral agencies have been considered. PAGE 79 2019-* ORD2019-02 Formatted: Widow/Orphan control, Keep lines together ( Formatted: Keep lines together Commented [JF37]: Delete space 5. — No change. 6. The proposed changes mustshall be consistent with the original development standardsDEVELOPMENT STANDARDS. D. The Planning Services Director may refer a Minor Amendment to the Board of County Commissioners and schedule a public hearing. If such hearing is scheduled, the staff shall: 1. Arrange for legal notice of said hearing to be published in the newspaper designated 1)1/.4 the Board of County Commissioners for publication of notices at least ten (10) days prior to the hearing. 2. Give notice of the application and the public hearing date to those persons listed in the application as owners of property located within five hundred (500) feet of the parcel under consideration. Such notification shall be mailed, first-class, not less than ten (10) days before the scheduled public hearing. Such notice is not required by state statute and is provided as a courtesy to surrounding property owners (the surface estate). Inadvertent errors by the applicant in supplying such list or the Department of Planning Services in sending such notice shall not create a jurisdictional defect in the hearing process, even if such error results in the failure of a surrounding property owner to receive such notification. 3. Post a sign on the property under consideration in a ocation readily visible from the adjacent PUBLIC STREET/ROAD RIGHT-OF-WAY. The sign will be posted at least ten (10) days preceding the hearing date for the Board of County Commissioners' hearing. In the event the property under consideration is not adjacent to a PUBLIC STREET/ROAD RIGHT-OF-WAY, a second sign at the point at which the driveway (access drive; intersects a PUBLIC STREET/ROAD RIGHT-OF-WAY will be posted. The sign posting will be evidenced with a photograph. E. REPEALED. regarding the Site Specific Development Plan and -Use by Special Review Permit process. F. REPEALED.Intent and Applicalailithe purpose of this Section is to provide general to-be-ate-ubstitute for the specific requirements--of-this Division. It -is-the responsibility of the apa icant to ae <now ecgeab e o' tie specific requirements of this Division, for the minor amendment application process. The Department of Planning Services is responsible for reviewing-anc processing the apa 'cation in accordance with Section 23 2 280.5 of this Code. G. — No change. H. REPEALED.Sign Posting. The Department of Planning Services will be responsible for orovicing anc posing a sign on tie property uncer consideration in a location readily visible from the adjacent publically maintained roadways. The sign will be postcd-at least ten (10) the property under consideration is not adjacent to a publicly maintained road -right of way, a maintained road right of -way will -be -posted. The sign --posting will be evidenced with a photograph. I. investigation -Application Fee. An additional fifty percent (50%) of the permit fee shall be added to the cost of the Minor Amendment Special Review permit application fee when the useUSE is started without a Minor Amendment Special Review permit. The payment of the investigation fee shall not relieve any persons from fully complying with the requirements of this Chapter, nor from any other penalties. J. Application Requirements: PAGE 80 2019-* ORD2019-02 Formatted: Indent: Left: 0.25", Keep lines together ( Formatted: Keep lines together Formatted: Highlight 1. — No change. 2. One (1) copy of the Special Review pta-t map; twenty-four (24) inches by thirty-six (36) inches. See Subsection L below for map requirements. 3. One (1) eight -and -one-half inch by eleven -inch reduced copy of the twenty -four -inch by thirty -six-inch Special Review pla-tmap. 4. thru 9. — No change. 10. One (1) copy of the affidavit and the certified list of the names, addresses and the corresponding parcel identification number assigned by the County Assessor of the owners of property (the surface estate) within five hundred (500) feet of property being considered. This list shall be compiled from the records of the County Assessor, the County website, www.co.weld.co.us-, or a person qualified to do the task, and shall be current as of a date no more than thirty (30) days prior to the date the application is submitted to the Department of Planning Services. 11. REPEALED. Notice of ncuiry if ocated within an ntergovernmenta Agreement (IGA) boundary -- 12. thru 14. — No change. 15. REPEALED.S-peeial Review plat recording fee (-ele-ven dollar first page plus ten dollars [$10.00] for each additional page). K. Questionnaire. The following questions are to be answered and submitted as part of the Minor Amendment application. If a question does not pertain to your use, please respond with "not applicable," with an explanation as to why the question is not applicable. 1. and 2. — No change. 3. What type of usesUSES surround the site (explain how the proposed use is consistent and compatible with surrounding land usesUSES). 4. Describe, in detail, the following: a. thru c. — No change. d. Type and number of structuresSTRUCTURES to be erected (built) on this site. e. thru I. — No change. L. Site Specific Development P-lanSITE SPECIFIC DEVELOPMENT PLAN and Use By Special Review (USR) Map Requirements;, Themap requirements for Minor Amendments shall be the same as required in Subsection 23-2-260.D, except that the certificate for the Planning Commission's signature shall be replaced with one for the Director of Planning Services and the certificates for the Board of County Commissioners and the Clerk to the Board are only required if the application is referred to the Board of County Commissioners. DELETE REMAINDER OF SUBSECTION L JL.1 AND L.2). 1-icinity Map Requirements: a--thru e. -- No change. f. The general classifications and distribution of soils over the parcel under consideration (soil-ela-estfi to -n names -and -agciculfuraI ca-pab-iIcy c-l-aesifications-mustshal-l-be noted iii the legend). PAGE 81 2019-* ORD2019-02 d [Commented [JF38]: Change ok'd by Bruce and Tom. ) • _ Formatted: Strikethrough, Highlight Formatted: Highlight Formatted: Highlight [[ _ ( Formatted: Keep lines together J Formatted: Highlight Formatted: Highlight g. Locations and names of —ail roads-STREETS/ROADS, iFrigatien-ditches and water features. � t� anger 2. Plot Plan Requirements: a. thru c. No change. d. REPEALED.Public rights of -way far telephone gas elect- - ater a e;we, s. e. Existing and proposed structures -STRUCTURES. f. thru i. No change. j. Topography at then -foot -contour intervals -or at intervals as determined necessa-r-y by Planning Services. k. N -O change. 1. Location and desi STRUCTU RESst-uctures. m. No change. n. Location, amount, size and type of any existing and proposed landscaping, fencing; walls, b o. Location of any flood haze hazardGEOLOGIC resource areas. p.thru t. No change. M. The applicant shall submit the draft map for preliminary approval to the Department of4 Planning Services in electronic (.pdf) format. Upon approval of the draft map, the applicant shall submit a final map for recording, along with all other documentation required as conditions of approval. The map shall be delineated in nonfading permanent black ink on Mylar or other drafting media approved by the Department of Planning Services. The map shall bear original signatures and seals in permanent black ink. Upon completion of all conditions of approval, the map shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The applicant shall be responsible for paying the recording fee. The conditions of approval shall be met and the map recorded within one hundred twenty (120) days from the date the administrative review was signed. If the map has not been recorded within one hundred twenty (120) days from the date the administrative review was signed (or from the date the resolution was signed, if approved by the Board of County Commissioners), or if an applicant is unable to meet all of the conditions within one hundred twenty (120) days of approval, the applicant may request an extension from the Director of Planning Services. The Director of Planning Services may grant a one-time extension of up to one hundred twenty (120) days, for good cause shown, upon a written request by the applicant. Before this extension has expired, the applicant may seek a further extension from the Board of County Commissioners by wrtten request to the Director of Planning. If the Board of County Commissioners denies the extension or if the conditions are not met and the map recorded by the date specified by the Boa rd, the approval shall be voided, and the application denied. Amend Sec. 23-2-290. Termination of use. A. and B. — No change. PAGE 82 2019-* ORD2019-02 •I d Formatted: Justified, Indent: Left: 0", Hanging: 0.25", Widow/Orphan control, Keep lines together Formatted: Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together C. REPEALED.In such cases where the landowner agrees to request to vacate the Use —by S-pecia Review Permit, suci vacation may be cone administrative y..n such cases where the landowner does not respond, after original certified-wr-itteen-nice, and after a second written the Special -Use -Permit may also -be -vacated admin--i1st-restively. D. In such cases where the Use by Special Review has terminated but the landowner does not agree to request to vacate the Use by Special Review Permit, a meetinghearing shall be scheduled with the Board of County Commissioners to provide the landowner an opportunity to request that the Use by Special Review Permit not be vacated, for good cause shown. The landowner shall be notified at least ten (10) days prior to the hearing. If the Board of County Commissioners determines that the Use by Special Review has terminated and no good cause has been shown for continuing the permit, then the termination becomes final and the Use by Special Review Permit is vacated. E. — No change. F. REPEALED. Use by Special Review Permit Plan Maps. Termination of a use shall allow the Use by Special —Review Permit and the Use by Special Review Permit Plan Map to be administratively vacated from County documents. If a Use by Special Review -Permit Plan Map is vacated because the Use by Special Review Permit was revoked due to noncompliance with tie Permit, map or DEVELOPMENT STANDARDS, tie vacation sia be orocessec as cescribec in Section 23 2 270 above. f a partia vacation is proposec because of a decrease in the land mass, it shall be processed as described in Subsection 23 2 280.8 above. Division 5 - Special Review Permits for Major Facilities of Public Utility or Public Agency Amend Sec. 23-2-300. Applicability. A. and B. — No change. C. REPEALED. (See Sections 23-2-380 and 23-2-3902The applicant shall submit three (3) paper copies of the plat for preliminary approval to the Department of Planning Services. Upon approval of the paper copies, the applicant shall submit a Mylar plat, along with all other documentation required as conditions of approval. The Mylar plat shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The plat shall be prepared in accordance with tie requirements o: Section 23 2 380 or 23 2 390 of tiis Code. The Mylar plat and additional-requ c-ements shall be recorded within one-h-undred twenty on. The applicant shall be responsible for -paying the recording fee. If a Use by Special Review (USR) plat has Commissioners resolution, or within a date spedified by the Board of County Commissioners, the Board may require the landowner to appear before it and present evidence substantiating ias not been abanconec anc tiat -ie app icant possesses the willingness and ability to record the -Use -by Special Review -(U -SRN) --plat. _ The Bo determines tat conditions supporting the original approval of the -Use by Special Review Review (USR). Amend Sec. 23-2-330. Duties of Department of Planning Services. A. — No change. PAGE 83 2019-* ORD2019-02 4 4 4 Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together 1 B. Upon determination that a submitted application is complete, the staff of the Department of Planning Services shall: 1. Refer the application to the followingapplicable agencies listed in Appendix 23-G, as determined by the Department of Planning Services Department of P The failure of any agency to respond within twenty-eight (28) days may be deemed to be a favorable response to the proposal. Suss —ages may request and be granted additional time for review of such proposals upon approval by the Director of Planning Services. The reviews and comments solicited by the COUNTY are intended to provide the COUNTY with information on the proposal. The Planning Commission may consider all such reviews and comments and may solicit additional information if such information is deemed necessary. The reviews and comments submitted by a referra1REFERRAL agency are recommendations to the COUNTY. The authority for making the decision to approve or deny the proposal rests with the Planning Commission. a. The planning miles of h roo se —s�+, f th r^ s� r� is-ocated within any town's comprehensive planning area. b. Department of Public Health and Environment. c. Department of Public Works. d. Colorado Geological Survey. c. Colorado Department of Transportation. f. U.S. Forest Service. g.= —Any irrigation ditch company with facilities within or ADJACENT to the site under consideration. h. Utility companies with ---underground lines whici might be affected by the DEVELOPMENT. i. Special service districts which may provide service to the DEVELOPMENT, -- j State Engineer, Division of Water Resources. \a" -a Resource Consc ova, o -n Senice. deems necessary. 2. Prepare staff comments and recommendations for presentation at the Planning Commission hearing, addressing all aspects of the application, its conformance with this Chapter and Chapter 22 of this Code and comments received from referraIREFERRAL agencies. 3. thru 5. — No change. PAGE 84 2019-* ORD2019-02 6. Give notice of application for a Special Review Permit and the public hearing date to those persons listed in the application as owners of property located within five hundred (500) feet of the parcel under consideration. For transmission line or pipetineELECTRIC TRANSMISSION LINE projects, notice of application shall be given for surface property owners for five hundred (500) feet on either side of the centerline of the proposed preferred alignment, and to interest holders (excluding mineral interests) in any real property proposed to be physically disturbed or crossed by the activity or developmentDEVELOPMENT which is the subject of the application. Such notification shall be mailed, first-class, no less than ten (10) days before the scheduled public hearing. Such notice is not required by state statute and is provided as a courtesy to surrounding property owners (the surface estate). Inadvertent errors by the applicant in supplying such list, or the Department of Planning Services in sending such notice, shall not create a jurisdictional defect in the hearing process even if such error results in the failure of a surrounding property owner to receive such notification. In addition, applicants for an e ec-rec 4RANSV SS O\ _ \E or _ _ \E which is more than one (1) mile in length shall advertise the hearing at least once in the newspaper designated by the Board of County Commissioners for publication of notices a minimum of ten (1 0) cays prior to tie nearing date. The advertisement shall contain a map displaying the proposed preferred and alternative routes along -with a 4e.. cription of the hearing time; date and location. 7. REPEALED.Applicant. - a-n--etec is TR NSMI _ - - -L-- -- -- ----f-.L__ -�-- more than one (1) mile in length shall advertise the hearing at least once in the newspaper designated by the Board -of County Commissioners for publication of notices a minimum the proposed alternative routes, a ong witi a Gescription of the nearing time, date and location. 8. REPEALED. (See item 1.;Refer the application to the following agencies, when doomed a-p-p1}cable by the Department of Planning Servics, for eview and comment. The agencies named sh application by the COUNTY. The failure of any agency to respond within twenty-eight (28) says may be teemed to be a Mavorab e response to tie pro oosa . S uc n agencies may Director of Planning Services. The reviews and comments solicited by the COUNTY are intended to provide the COUNTY with information on the proposal. The Planning Commission may consider all such reviews and comments and may solicit additional information if such information is c.eemeG necessary. Tie reviews anc comments submitted by a referral agency are recommendations to the COUNTY. The authority and responsibi ity for mas<ing tie Decision to approve or ceny tie proposa rests witi tie officials -of the COUNTY. The -planning commission of any town or co whose boundaries are within th-re �- 9 _�-t� �3-)° Formatted: list1, Indent: Left: 0.25", Keep lines miles of the -proposed site or if the proposed site —locate ,,---an town's together comprehensive planning area. b - Depa-rtment of Public Health and Environment. cc -Department of Public Works. d. Colorado Geological Survey. e. Colorado Department of Transportation. f. U.S. Forest Service. PAGE 85 2019-* ORD2019-02 al g. Any-irrig-ation ditch -company with facilities within or ADJACENT to the site under consideration. h. Utilit LORMENT- j. State Engineer, Division of Water Resources. k. Natural Resource Conservation Service, -- I. Any -der agencies or-i-nd idua's whose review the Department of Planning -Services 9. REPEALED. (See item 2.; at the Planning Commission herring, addressing al aspects of the application, its conformance with-this-h-ap_er ant Chapter 22 of tik Gate ant comments receives from re f err -a -1 -agencies . Amend Sec. 23-2-370. Application requirements. Q An adequate number of copies of the application for a Special Review Permit shall bea submitted by the applicant to the Department of Planning Services. An application for a Special Review Permit shall contain the following information in such form as prescribed by the Department of Planning: 14. Additional information required for ELECTRIC TRANSMISSION LINES: a. thru 15.d. — No change. e. A letter from each utility company indicating its intention and ability to serve the dev opmentDEVELOPMENT. f. A list of the names and addresses of all the local Governments and special districts which would be affected by the DEVELOPMENT, and a statement of the anticipated overall impact on local governments and special district service capabilities, including: education, police protection, fire protection, water, sewer, health services and roadSTREET/ROAD maintenance services. g. thru i. — No change. j. A description of any routine haul routes, identifying :he roadsSTREETS/ROADS and bridges involved and the weight of the loads. k. — No change. E. The names and addresses of any owner, operator, or user of any irrigation ditch, lateral, or pipeline that traverses the property. F. The application fee. An additional fifty (50' percert of the permit fee shall be added to the cost of the application fee if the USE is started prior to issuance of a Special Review Permit. The payment of the investigation fee shall not relieve any persons from fully complying with the requirements of this Chapter, nor from any other penalties. Amend Sec. 23-2-380. Drawing requirements for facilities plan mapsplats. 4 A. The general drawing requirements for Facilities Plan MapsPlats for SUBSTATION4 SITESsites, oil and gas STORAGE AREAS and POWER PLANT sites are as follows: PAGE 86 2019-* ORD2019-02 { Formatted: Keep lines together Formatted: Widow/Orphan control, Keep lines together l Formatted: Keep lines together 1 Formatted: Keep lines together Formatted: Highlight Formatted: Widow/Orphan control, Keep lines together ( Formatted: Keep lines together 1. An adequate -number -of -copies of -these maps electronic (.pdf) version of the plat shall be submitted concurrently with the written application. 2. Mapslf approved, the plat shall be delineated in drawing ink oron Mylar or other drafting media approved by the Department of Planning Services. The dimensions of the map shall be twenty-four (24) inches by thirty-six (36) inches. 3. The mapsplat shall be prepared and certified by a land surveyor registered in the State. B. thru C.3. — No change. 4. Show the name and location of all streams, including normally dry streams, ponds or other bodies of water, existing structures, roadsSTREETS/ROADS, bridges, irrigation ditches, oil and gas wells, utility lines, LANDSCAPE features and easements. 5. Show the size and location of proposed STRUCTURES or associated facilities such as access drive, PARKING AREAparking area, LANDSCAPED area and fencing. 6. — No change. D. Legend. The legend shall include: 1. — No change. 2. DEVELOPMENT standards STANDARDS governing the location, design, construction and operation of the proposed facility. 3. thru 5. — No change. E. Upon approval, the applicant shall submit the plat, along with all other documentation required as conditions of approval. The plat shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services within one hundred twenty (120) days from the date of the Planning Commission resolution. The applicant shall be responsible for paying the recording fee. If a Use by Special Review (USR) plat has not been recorded within one hundred twenty (120) days from the date of the Planning Commission resolution, or within a date specified by the Planning Commission, the Planning Commission may require the applicant to appear before it and present evidence substantiating that the Use by Special Review (USR) has not been abandoned and that the applicant possesses the willingness and ability to record the Use by Special Review (USR: plat. The Planning Commission may extend the date for recording the plat. If the Planning Commission determines that conditions supporting the original approval of the Use by Special Review ;USR) plat cannot be met, the Planning Commission may, after a public hearing, revoke the Use by Special Review (USR). Amend Sec. 23-2-390. Drawing requirements for utility line plan maps. 4 A. The general drawing requirements for Utility Line Plan Maps for el-ectricELECTRICc TRANSMISSION LINES are as follows: 1. — No change. 2. An adequate number of copies of the electronic (.pdf) version of the alternate route map set shall be submitted concurrently with the written application. 3. The selected route map set shall be submitted for recording after approval of a route by the Board of County-GeramissionersPlanninq Commission. B. and C. — No change. D. Legend. A legend shall be included consisting of the following items: PAGE 87 2019-* ORD2019-02 Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together 1. Development st-and-a-rdsDEVELOPMENT STANDARDS governing the location, design, construction and operation of the proposed facility. 2. thru 4. — No change. E. Upon approval, the applicant shall submit the map, along with all other documentation required as conditions of approval. The map shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services within one hundred twenty (120) days from the date of the Planning Commission resolution. The applicant shall be responsible for paying the recording fee. If a Use by Special Review (USR) map has not been recorded within one hundred twenty '120) days from the date of the Planning Commission resolution, or within a date specified by the Planning Commission, the Planning Commission may require the applicant to appear before it and present evidence substantiating that the Use by Special Review (USR) has not been abandoned and that the applicant possesses the willingness and ability to record the Use by Special Review (USR) map. The Planning Commission may extend the date for recording the map. If the Planning Commission determines that conditions supporting the original approval of the Use by Special Review (USR) map cannot be met, the Planning Commission may, after a public hearing, revoke the Use by Special Review (USR). Amend Sec. 23-2-400. Standards. The Planning Commission may approve an application for site selection and construction or-$ expansion of a MAJOR FACILITY OF A PUBLIC UTILITY only if all applicable requirements of this Division are met, and the applicant has shown that the application is consistent with the following standards: A. thru L. — No change. M. Where a proposed power plantPOWER PLANT is to be located in an area where a sufficient housing supply is unavailable for the anticipated immigrant construction force, the applicant for the location of such a facility shall present plans showing how housing will be provided for such workers without creating major negative impacts on existing residents in the impacted communities. N. — No change. O. Applicants for activities reviewed pursuant to this Division 5 as MAJOR FACILITIES OF PUBLIC UTILITIES shall have the burden of proof to demonstrate that there is a need for the facility within the proposed area of service, and the Planning Commission shall be satisfied that a need exists as part of the determinations for any such permit. Division 6 - Use by Special Review Permits for PIPELINE - DOMESTIC WATER Amend Sec. 23-2-460. Prohibition of construction without permit. 4 4 - No person m-ayshall locate or construct a PIPELINE - DOMESTIC WATER in then Co-u-ntyunincorporated COUNTY without first obtaining a Use by Special Review Permit pursuant to these regu!ationsthis Division 6. Amend Sec. 23-2-470. Duties of department of planning services. A. — No change. 4 6 B. Upon determination that a submitted application is complete, the staff of the Department of Planning Services shall: PAGE 88 2019-* ORD2019-02 Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together Formatted: Widow/Orphan control, Keep lines together 1 1 Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together 1 Refer the application to the followingapplicable agencies listed in Appendix 23-G, as determined by the Department of Planning Services., when applicable, for review and commen-the-agencies ramed sh-all--respond within twenty eight (28) days after the railing of the application by the COUNTY. The failure of any agency to respond within twenty-eight (28) days may be deemed to be a favorable response to the Planning Commission. The reviews and comments solicited by the COUNTY are intended to provide the COUNTY with information about the proposed Use by Special Review. The Planning Commission and Board of County Commissioners may consider all such reviews and comments and may solicit additional information if such information is deemed necessary. The reviews and comments submitted by a referraIREFERRAL agency are recommendations to the COUNTY. The authority for making the decision to approve or deny the request for a Use by Special Review Permit rests with the Board of County Commissioners. a. The planning commission of any town or county whose boundaries are within three - (3-) miles of the proposed —site or if=t-he--proposed—sri-te is located within any town's comprehensive planning area. b. Department of Public Health and Environment. c. Department of Public Works. d. Colorado -Geological Survey. c. Colorado Department of -Transportation. f. U.S. Forest Service, -- Any irrigation ditch -company with facilities within -the Right of Way or crossed by the PIPELINE DOMESTIC WATER under consideration. h. Utility companies wit DEVELOPMENT. 1 uncergroune Ines which mig I be affected by t i. S pec-i,al--ser ice -districts which -may provide -se i-ce—to4he D E V E L O P- ENT . State Engineer, Division of Water Resources. k. -Natural-Resource-Conservation Service. I. Hi -story Colorado. m —Colorado -P -arks and Wildlife. n. Any other agencies or individuals whose _ review the Department of Planning Services deems necessary. 2. Prepare staff comments for use by the Planning Commission addressing all aspects of the application, its conformance with Chapter 22 of this Code and any other applicable code provision or ordinance in effect, adopted ryas-ter—sMASTER PLANS of affected municipalities, sound land use planning practices, comments received from agencies to which the proposal was referred and standards contained in this Chapter. 3 Set a Planning Commission hearing date and a . The Board of County Commissioners hearing date. Dub is searing may a so be set anc De given ega notice and posting, concurrent with setting -of -the -Mann ing-Corn-m-i-ssion-hearin-g date and -in accordance with Section 23 2470.8.5 or Section 23 2 47-0.B.6. — No change. PAGE 89 2019-* ORD2019-02 5. Notice of application for a PIPELINE - DOMESTIC WATER and the public hearing dates small be given to surface property owners within one hundred fifty (150) feet on each side of the centerline of the proposed preferred alignment, and to fee interest holders (excluding mineral interests) in any real property proposed to be physically disturbed or crossed by the activity or d -e -veep„ en4DEVELOPMENT which is the subject of the application. Such notification shall be mailed, first-class, no less than ten (10) days before the scheduled Planning Commission public hearing. Such notice is not required by state statute and is provided as a courtesy to surrounding property owners (the surface estate). Inadvertent errors by the applicant in supplying such list, or the Department of Planning Services in sending such notice, shall not create a jurisdictional defect in the hearing process even if such error results in the failure of a surrounding property owner to receive such notification. 6. Prepare staff comments and recommendations for presentation at the Board of County Commissioners hearing, addressing all aspects of the application, its conformance with this Chapter and Chapter 22 of this Code and comments received from referr-a-IREFERRAL agencies. 7. A -range for legal notice of hearings to be published once in the newspaper designated by the Board of County Commissioners for publication of notices. At the discretion of the Board of County Commissioners, a second notice may be published in a newspaper published in the area in which the construction is proposed. Failure to publish the second notice shall not create a jurisdictional defect in the hearing process. The date of publication shall be at least ten (10) days prior to the hearing. Amend Sec. 23-2-480. Duties of planning commission. A. The Planning Commission shall hold a hearing to consider the application for the Use by Special Review Permit. The Planning Commission shall provide recommendations to the Board of County Commissioners concerning the disposition of the requested Use by Special Review Permit. The Planning Commission shall aproverecpmmend approval of the request for the Use by Special Review Permit only if it finds that the applicant has met the standards or conditions of Section 23-2-480 of this Division and Chapter 22 of the Weld County Code. The applicant has the burden of proof to show that the standards and conditions of Section 23-2-480 of this Division and Chapter 22 of the Weld County Code are met. The applicant shall demonstrate: 1. — No change. 2. The PIPELINE - DOMESTIC WATER will not have an undue adverse effect on existing and future developmentDEVELOPMENT of the surrounding area, as set forth in applicable MASTER PLANS. 3. thru 7. - No change. 8. No adverse impact from stormwater runoff to the public rights of wayPUBLIC RIGHTS - OF -WAY and/or surrounding properties as a result of the PIPELINE - DOMESTIC WATER. B. — No change. C. If the Planning Commission recommendation is conditiona upon the applicant completing certain specified items prior to the publication of the notice for the hearing by the Board of County Commissioners, the ten-day period shall commence upon submission of the items by the applicant to the Department of Planning Services. PAGE 90 2019-* ORD2019-02 Formatted: Justified, Widow/Orphan control, Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together Amend Sec. 23-2-490. Duties of Board of County Commissioners. 4 The Board of County Commissioners shall hold a hearing to consider the application fop construction or expansion of a PIPELINE — DOMESTIC WATER. The Board of County Commissioners may approve al4the application for construction of -expansion of a PIP-ELINE DOMESTIC WATER only if all applicable requirements of this Division are met, and the applicant has shown that the application is consistent with Chapter 22 of the Weld County Code and the following standards: A. — No change. B. The PIPELINE - DOMESTIC WATER will not have an undue adverse effect on existing and future development DEVELOPMENT of the surrounding area as set forth in applicable MASTER PLANS. C. thru G. — No change. H. No adverse impact from stormwater runoff to the public rights of-wayPUBLIC RIGHTS -OF - WAY and/or surrounding properties as ashall result offrom the PIPELINE - DOMESTIC WATER. Amend Sec. 23-2-510. Application requirements. d An adequate number of copies of the application for a Use by Special Review Permit shall be submitted by the applicant to the Department of Planning Services. An application for a Use by Special Review Permit shall contain the following information in such form as prescribed by the Department of Planning Services: A. — No change. B. Address of the applicant and general OFFICE. C. Summary statement of the project, to include when applicable: 1. thru 2.d. — No change. e. Information of any public meeti-ngNeighborhood Meeting conducted, to include the location, date, time, attendance and method of advertising. f. thru k. — No change. I. A description of any haul routes to be used during construction, identifying roadsSTREETS/ROADS and bridges involved and the weight of the loads. m. Soils reports required for pipeline crossings or any pipeline encroaching in public-figh-t- of-wa-yPUBLIC RIGHT-OF-WAY, if required by the Department of Public Works. n. — No change. D. A certified list of the names, addresses and the corresponding Parcel Identification Numbers assigned by the County Assessor of owners of surface properties located within 150 feet of the PIPELINE — DOMESTIC WATER. The source of such list shall be the records of the County Assessor, or an ownership update from a title, abstract company, or attorney derived from such records, or from the records of the County Clerk and Recorder. If the list was assembled from the records of the County Assessor, the applicant shall certify that such list was assembled within thirty (30) days of the application submission date. E. The names and addresses of any owner, operator, or user of any irrigation ditch, lateral, or pipeline that traverses the property. PAGE 91 2019-* ORD2019-02 Formatted: Widow/Orphan control, Keep lines together I Formatted: Keep lines together 1 Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together F. The application fee. hie, An additional fifty (50) percent of the permit fee shall be added to the cost of the application fee if the USE is started prior to issuance of a Special Review Permit. The payment of the investigation fee shall not relieve any persons from fully complying with the requirements of this Chapter, nor from any other penalties. Amend Sec. 23-2-520. Mapping requirements for PIPELINE - DOMESTIC WATER. A. thru C. — No change. D. Include a detailed map showing the approved route through the County. The approved route shall be displayed on a 1:200 scale map. The map shall show the recorded easements for the PIPELINE - DOMESTIC WATER. The map shall also include the location of the existing and future right-of-way above ground appurtenances, including, but not limited to, valve sites, laydown yards, parking and staging areas, temporary and permanent access points. The map shall include the location of the following items which exist within the easement boundaries: 1. The physical location of the roadSTREET/ROAD. 2. All existing and future public rights-of-wayPUBLIC RIGHTS -OF -WAY. 3. thru 5. — No change. 6. Topography at a -minimum of twoten-foot contour intervals or at intervals as determined necessary by the Department of Planning Services. 7. Identify geologic hazardGEOLOGIC HAZARD AREAS and/or flood -pi -air' locationsSPECIAL FLOOD HAZARD AREAS. 8. — No change. E. Include detailed drawing of pipeline at intersection of any county roadCOUNTY STREET/ROAD, section line, or bridge. Drawings at intersections must be in plan and profile, and shall be at a scale of 1:100 or as determined by the Department of Public Works. PIPELINE - DOMESTIC WATER must meet the minimum requirements for cover, as determined by the Department of Public Works. F. — No change. G. Development standardsDEVELOPMENT STANDARDS. Remainder of Section - No change. Division 7 — REPEALED.Ge:•: , --Hazard-Development Permit Sec. 23 2 550. Intent. PAGE 92 2019-* ORD2019-02 C- 4 Formatted: Keep lines together Formatted: Highlight Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together 1 Formatted: Widow/Orphan control, Keep lines together The intent of the Geologic Hazard Development Permit is to ensure that any propose& BUILDING, DEVELOPMENT, STRUCTURE and USE which is to be located within the Geologic Hazard and -is -subject -to the requirements of said District contained in Article V, Division 2 of this O c 8RDS. A Geologic Hazard Development Permit shall not be requir r', IJRE and USE and its ACCESSORY USES are allowed by right within the UNDERLYING ZONING DISTRICT. A Special Revi Zone, Subcivision of Lanc inc ucing Recorced Exemptions, and PLANNED UNIT DEVE _OPWW E `T S within tic GEO_ G C -AZARD sia su Dmi: uis or uer app ication `or review to the Colorado Geological Survey. The applicant shall pay for all fees required by the Colorado Geological Survey at tie time of submitta of tie anc use application. If the Colorado Geological Survey -determines that conditions and the land use request require further review, the applicant shall apply for anc obtain a Geo ogica - azare Deve oome applications are considered f -o -r- final approval by the Board of County Commissioners. Sec. 23 2 560. Adoption and amendment of map. When adopting -or -amending the Offici-al Geologic Hazard Map, the applicable procedures ins Article II, Division 1 of this Chapter shall apply. 4- A. The Departme application and determine if th the applicant. If the application is not complete as required, the applicant shall be notified of specific deficiencies. B. The Depa of the proposed development anc may a so formaro copies of tie coma ete aop ication to any ether group or agency whose —review and comment are deemed Gppropriate by the s. The group or agency to whom the application is referred shall -review the application to determine cor -pl-iance-ef-the application with any standards of the group or agency. The failure of a group or agency to respond within twenty eight (28) day. shall be deemed to be a favorable response to the Department of Planning Services. The reviews and comments solicited by the COUNTY are intended to provide the Department of Planning Services with information related to the proposed GEOLOGIC HAZARD Permit. The COUNTY may consider all such reviews and comments and may solicit additional information if such information is deemed necessary. The reviews and coma ent of Planning Services. The authority and responsibility for making the decision to approve, approve subject to conditions or deny the GEOLOGIC HAZARD DEVELOPMENT Permit application rests with the Department of Planning Services. C. The Department of Planning Services sia notify tie app icant within forty-five (15) days, in wciin —of the action taken on the GEOLOGIC HAZARD -DEVELOPMENT Permit. D. In case of disapproval, the Department of Planning Services shall notify the applicant and shall specifically indicate the reasons for the decision. s shall re 4e -w the Geologic Hazard Development Permits PAGE 93 2019-* ORD2019-02 Formatted: Keep lines together Formatted: Widow/Orphan control, Keep lines together [Formatted: Keep lines together Formatted: Widow/Orphan control, Keep lines together ( Formatted: Keep lines together 4.4 x xt 7 . ... ' a'c a . On E. In case of approval, the Department of Planning Services shall affix to the application a certification of approval of the GEOLOGIC HAZARD DEVELOPMENT Permit. This certification of approval shall include the signature of the Department of Planning Services HAZARD DEVELOPMENT Permit a Sec. 23 2 580. Standards. The Department of P D 3 Drava anc one (1) copy of the information submitted -by 4 anning Services shall not issue a GEOLOGIC HAZARD - hat all applicable standards specified in this Division have been met by the applicant. demonstrate to the Department of P the greatest extent possible. B. Any construction approved by the ac must the design of the proposal ensures the verse impacts of GEOLOGIC HAZARDS to es within a regulated Engineering techniques to mitigate GEOLOG employed. 4'• C AZARD conditions at the site s is be shall be prepared by orunder the direction of,, -ands", I; -be -s fined by, a professional geologist as defined by Section 34 1 201, et seq., C.R.S. All engineering work required by these regulations sha as defined in Section 12 25 101, et seq., C.R.S. D. Exemptions. These regulations shall not apply following: 1. Human habitation. 2. Concentration of people. Sec. 23 2-590. Application requirements. GEOLOG C -AZARD DEVELOPMENT Permit apo 'cations submittec, far review sia include the following information. Applications containing less than the specified requirements shall not be ace pertain of �e Dosed DEVELOPMEN pro PAGE 94 2019-* ORD2019-02 C- Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together A. A map portraying the geologic conditions of the area with particular attention given to the specific regulateI be delineated in black drawing ink on Mylar or other drafting medium approved by the Department of Pia- -ing Services. The ) inches. The map shall be-p-repared at a scale of one (1) inch equals one hundred (100) feet -and shall include the parcel in question, as well as features within five hundred (500) feet of the parcel boundaries. The scale of the map may be reduced or en argec upon approva of tie Department o Planning Services. Such map shall also include: 1. A certifi r which application is made. Bearings and 2. The topography of the area at ten foot contour interva s or at interva s as determined by tie Boarc of County Commissioners or its autiorizea representative. 3. E — --ES and LANDSCAPE features, including the name and location of all WATERCOURSES, ponds and other bodies of water. 4. Proposed BUILDING locations and arrangements. 5. The legend shall include a -complete d acctwgal descrip' _�___._ � _._ .___ DEVELOPMENT permit application form. The- c iion shall -l- 1- --1- 1- - - - - of the surveyed parcel. 6. Certificates. a. Engineer's Certificate. b c. Property owner's certificate. 7. Title, scale and north arrow. cable. 9. Such additional information as may be required by the Board of County Commissioners. B. A g emphasis on evaluating and eg-ic conditions on the proposed land use charges and DEVELOPMENTS. The report shall-a-lso include recommended mitigating procedures to be employed in meeting the intent arm purposes of tiis regu ation. Specific requirements of suc-i report are listed below. 1. GROUND SUBSIDENCE AREAS. Applications for DEVELOPMENT in GROUND SUBSIDENCE AREAS shall include, but not be limited to, the following information or data, where applicable. a. Amount of material removed or materials subject to volume decrease. b. Interval between the ground surface and the location of void space or materials subject to volume decrease. c. In poorly consolidated aquifers, the effect of pore fluid withdrawal. d. In wind-deposited-silt-(l-eess) areas and areas of predominantly fine-grained colluvia-1 e. In ar as-ef-soluble materials, the effect of wetting. PAGE 95 2019-* ORD2019-02 round mining, data regarding air shafts, ha i its, rooms and pillars, and final mine maps. g. BUILDING type and proportion. actors of the area. i Test hole and well log data. Mitigation tee inicues hat wi be emo of such techniques. k. Pertinent hi SUBSIDENCE in the area proposed for DEVELOPMENT. `Division 8 - REPEALED.,, Sec. 23 2 650. Intent. n PUD District eyed, including effectiveness and estimated cost 4. 4 Sketch Plan, a Change of Zone to a PUD District and a PUD Plan, subject to the provisions -of shall be subject to the procedures stated in this Section. When applicable, the supplemental *with the provisions of Article II -I -,-Division 5 of this Chapter. The PUD District --shall be subject to the requirements contained in Articles IV and V of this Chapter. (Refer to Table 27.1 for PUD- Time Parameters.) r 4 - Any person wanting to apply -far -a -C ange of Zone to a PUD District shall arrange for ai preapplication conference with the Department of Planning Services. The applicant shall submit R information as stated-i-n- h4s Division. A. Written documents. 1. The PUD Sketch Plan application forms and application fee. 2. A general statement describing the concept, land uses and architectural style of the PUD project. 3. A general statement describing the size and type of any publi 1 units, approximate number, floor area, height and type of business, COMMERCIAL and ind-ustrial buildings and-str-uctureae approximate number and size of any open storage ae business, commercial anc industrial uses. 5. A general statement describing the PUD source of water and -type -of system. 6. A general statement des PAGE 96 2019-* ORD2019-02 4- 4 - f Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: Bold Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together 1 f -way, 7. A general statement describing the PUD vehicular circulation system of local, collector and arterial strec width of road surface, width of borrow -d a -es - _-----_---4- oacing zones, ma:or points of access to pup is rignts of way, and notation of proposed ownership of the circulation -system, public or private. (Design standards for streets are in Chapter 22 -of this Code.) 8. A general statement describing any other proposed circulation systems or trails, i.e., pedestrian, horse riding, runways or taxiways. 9. A general statement describing the plan for drainage and stormwater management. 10. The soils classification and description of the classification for the subject site. This information -can be obta--ec "roil the Na:Lra Resource Conserva:.on Service. 1-1. A -general statement describing any water courses, water bodies and irrigation ditches within the PUD site. xisting unique feawures wit -tin tie PUD site, i.e., oi wells, tank batteries, irrigation ditch headgates, railroad tracks, runways, buildings, 13. A general statement indicating whether or not DUD si:e, i.e., wi c ife areas or vegetative cover. 14. A genera! statement indicating whether any commercial mineral eposits are on the PUD site. 15 -A -genera overlay district areas within the PUD site. 16. A -general statement which describes the surrounding land uses within one half (%) mile of the PUD site. 17. A general description of the LANDSCAPE plan for the PUD site. 18-A general description of the proposed treatment of the perimeter of the PUD site, including materia s anc teciniques to be usec, suci as screens, fences, walls, berms and other LANDSCAPING. B. Ske hund :ch P an Site Ma ICAL HAZARD and airport 3. A drawing of the PUD project at a scale of one (1) inch equals one following information 1. Name of the PUD project. 2. Legal description of the PUD site. 3. Contour lines at ten -foot intervals. 4. Title, scale and north arrow 5. The proposed location of —land uses, including approximate acreage, gross density, number and height -of each type of residential unit; and approximate floor area, height and type of business, COMMERCIAL and industrial buildings and structur-s. 6. The proposed vehicular traffic circulation system. PAGE 97 2019-* ORD2019-02 7. The proposed -location 8 -.—The location of any existing unique features within the PUD project, i.e., oil wells, tank batteries, irrigation ditches, water bodies, rail -road tracks, casements, rights -of way, etc. 10. The genera! location o y C. Vicinity Map. The vicinity map shall be drawn at a scale of one (1) inch equals six hundred 1. Existing zone districts within 1 1 3. The existing street and highway system within one PUD project. Sec. 23 -2-680. PUD sketch plan review and conference. la f(%)mi e of the boundaries of t 4- PUD sketch plan shall be submitted prior to submittal of a PUD District change of zones lems discovered during the Sec. 23 2 690. PUD District application requirements. District. A. Written Documents. 1 The PUD District a 3 the PUD. 1 alication forms and ap 3 r ication fee. 3. A statement which demonstrates t policies of Chapter 22 of this Code. 1 4. r 1 - le propose° PUD rezoning is consistent with the will be compatible wThin _1e 2JD D s_r'c-. n addition, a de:a conflicts between land uses within the P District are can comply with Section 23 3 420. ng ed description of how any will be compatible with land use surrounding the PUD District. In addition, a detailed avoided or mitigated. Qi sc ipt oFir�^f eacciir RESIDENTIAL units within the PUD, including number of units. PAGE 98 escription of the type of 2019-* ORD2019-02 Formatted: Widow/Orphan control, Keep lines together , Formatted: Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together PAGE 99 7. A -description of the size and type of any public and private open space and semi-public use.,, including parks, recr tion arcas, school sites, fire and sheriff substations and similar uses. 8. A cescription o- t tie provicer of t �e water source anc system anc a statement from the representative of ie water system whici Remonstrates teat tie water supp y qua ity an District with residential USES shall be served by -a -PUBLIC WATER system. If pr-opas-141g a cluster PUD, see Section 27 1Q 10. 9. A from the representative of t the disposal system will ad ec provider of uately serve he sewer system utility which demonstrates that he uses within the PUD District. and -highway facilities which provide access to the PUD District. If the street or highway facilities providing access to the PUD District are not adequate to meet the requirements of the proposed distr ct,the applicant shall supply information which demonstrates the wi ingness and fin-a-n-cia caoa-bi ity to upgra .e tie STREET or lig sway fad ities in conformance -with Section 22 3-60 of this -Code. This -shall be -shown by submtten ;pith the PUD District application, a separate Improvements Agreement describing the proposed road improvements and method of guaranteeing installation of said improvements in conformance witi tie County po icy on co atera for improvements, as well as in conformance with Section 12 5 10 et seq., and the Engineering and Construction Standards in Appendix 12 A. The agreement shall be used for the purposes of review, eva uation anc comp lance witi his Section. No rezoning shall be finally approved by the Board of County Commissioners until the applicant has submitted an Improvements Agreement or contract wild sets fori tie form of improvements anc 1-1. A -soil survey and study of the site proposed for the change of zone with a statement support all -USES allowed in the proposed zone. If the soils iiG survey anc stuc construction o information whic be forwarded to t y indicate soi s w STRUCTURES or 1 Remonstrates he Colorado Geo present moderate or severe limitations to the -aci ities on tie site, tie apoicant sia submit ie 'm".a.ions can De overcome. — 's 'nporma:*on w ogica Survey for eva uation. Planning Services determines -iat tiere appears to be a sane, grave or otter minera resource on or under -t -he subject prope#he applicant shall -provide -a mineral resource statement prepared by a certifies geo ogist or otier qua ifiec expert. Tie statemen- sin i d-icate the estimated quantity of resources and —indicate the economic feasibility of recovery, now anc in tie future, of tie resources so teat the Planning Commission and Board of County Commissioners can —determine whether a COMMERCIAL MINERAL DEPOS T, as cefinec in Section 34 ' 305('), C.R.S., is containec on or under tie sua:ect properties. This information will be forwarded to the Colorado Geological Survey for evaluation. 3. f tie proposeo change of zone is ocatec within a SPEC AL FLOOD HAZARD AREA, identified by maps officially adopted by the COUNTY, the applicant shall submit information which either documents how the COUNTY supplementary regulations led or documents how the applicant intends to 2019-* ORD2019-02 1-'l. If the proposed change of zone is located within a GEOLOGIC HAZARD AREA identffied either documents how the County supplementary regulations concerning GEOLOGIC requirements of the County supplementary —regulations concerning GEOLOGIC HAZARDS. 15. A sign shall be posted for the applicant on the property under consideration for a PUD Rezoning. The sign siall be posted adjac I maintained road ri n�__it-nomf Y� � operty under consicer�+tion is not adjacent to a publicly maintained road right of way, one (1) sign shall be posted in the most prominent place on the property anc a seconc sign poster at tie point at which the driveway (access drive) intersects a publicly maintained road right -of way. The sign shall be posted at least fifteen en-ced with a photograph. The sign will include the following information: a. PUD application number. b. Date, place and time of public hearing. c. Location and phone number or tie pub is office wiere accitiona information may -be obtained. d. Applicant's name. e. Size of the parcel of land. f. Type of PUD request. g. Number of Lots. 16. A certified list of the names, actresses anc tie corresponaing Parce centification Number assigne 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 C er< anc Recorcer. - ie is_ was assemb ec rom ie records of the County led within thirty (30) days of the application submission date — 24 65.5 103(1), C.R.S. 18. An affidavit list property being considered. The list shall be compiled from the title commitment issued by a tit e insurance company or a tit e opinion by an attorney icensed to practice in the State, a -n -shall-be current as of a date not more than thirty (30) days prior to- he date -on which tie app ication is submitted to tie Department of P anning Services. 19. Such addition4 the Plan-nfng Commission or -the Board of County Commissioners in order to determine that the application meets the goals, policies and standards set forth in this Chapter, Chapter 22 of this Code and any other applicable code provision or ordinance in effect. PAGE 100 2019-* ORD2019-02 B. Planned Unit Development District Plat. A PUD District plat shall be delineatedrawing ink equals two hundred (200) feet, composed on one (1) or more sheets with an outer dimension lowing information: owing a bearing and distances outside the perimeter boundary lines or along tract boundary lines. The closure error of the survey may not exceed one in five thousand -e1:5,000). 2. Legal descrip ST Ti#le, scale and -north arrow. 4. Date of drawing. 5. The following certificates shall appear on the map: a. Surveyor's ce-rtifi cate . b. Planning Commission certificate. c. Board of County Commissioners certificate. d. Property -owner's certificate— 0. The proposed location of land uses -by -block, including block -size in acres, gross density, number and height of each type of RESIDENTIAL unit; approximate floor areas, height .S; and the ocation of common open areas, i.e., public parks, school sites and similar USES. ed by the surveyor. of way width, road surface width and access to public rights -of way. 8. Tie ocation of any existing easements, rig its -of -way, structures anc, uses witiin tie PUD District, including oil wells, tank batteries, irrigation ditches, water bodies, railroad tracks or dwellings. 9. The proposes ocation of any otier cWcu ation systems or trai s within the PUD District. C. Planned Unit Developme delineated in drawing ink-en-Rllylar (not setas) at a scale -of -one -(1) inch -equals two hundred (200) feet, co r more sheets with an outer dimension of twenty four (24) by -thirty six ( &lowing information: 1. An outline of the perimeter of the proposed PUD-District. 2. Title, scale and north arrow. 3. Contour lines at ten -foot intervals. 4. The identification of --all zone districts --within one half (14) mile of the boundaries of the PUD District. 5. The identification of ail -uses within one -half --(0,Q mile of the boundaries of -the PUD District. 6-- The existing street -and -highway system -with -in --one half (34) -mile of the boundaries of the PUD District, including road dassif� ati right of way width and road surface width. 7. The location of any mineral resource areas wiproposes BUD Dis:rict. 9. Th PECIAL FLOOD HAZARD AREA within the proposed--PUD District. PAGE 101 2019-* ORD2019-02 10. The location of on site detention areas to be- incorporated in the storm drainage systems, including notes indicating _1e approximate area anc vo ume of tie facility. 11. The location of any drainage ways within the proposed PUD District. 12. The locate PUD District. D. Photo Mechanica Transfer (PMT), if required. Sec. 23 2 700. Duties of Department of Planning Services. 4 - The Department of Planning Services shall be--r-e-s-ponsi•ble-for processing--alt-applications for appiicatio-n pcocedures-and requirements are met -prior to any official -action. The -duties of the Department shall be: application meets the submittal requirements of Section 23 2 690 above, the Department of Planning Services shall institute the Change of Zone procedures in Section 23 2 20 above, with the exception of B. The Department of Planning Services shall provide a recommendation to the Planning ^ ..r�mq-¢the di sition o the requested Change of Zone to a PUD District. Sec. 23 2 710. Duties of Planning Commission. of zone to a PUD District. 4 zGne to a PUD Distri ! ! ! ! ! ble, may also be reviewed concurrently. The Planning Commission shall provide recommendations to the e disposition Commission shall recommend approval of the request for thha-ngo of zone of a PUD District only if it finds that the applicant has met the applicable requirements or conditions of Subsection C below and Sections 23 2 690 and 23 2 770 of this Division. The applicant ha0 the burden of proof to show that the standards and conditions of Subsection C below and Sections 23 2-690 anc 23 2 770 are met. Tie apo icant s la cemons'ra:e: 1 That the proposal is consistent with the Chapter 22 and any other applicable code provision or ordinance in effect. 2. That the USES which would be allowed in the proposed PUD District will conform -with the Jerormance S.aneares oDUD Dis:rio: con:ainec in Section 23-3-/20 oiis Gh-a-pterT ing, and with the future DE provision or ordinance in effect or MASTER P 4 --That adequate water and -sewer service will --be made available to the site to -serve the USES permitted within the proposed PU-D District. A PUS District with residential USES s -h -at -I --be served PAGE 102 2019-* ORD2019-02 Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together Formatted: Widow/Orphan control, Keep lines together ( Formatted: Keep lines together 5. That ST -BEET or —highway facilities providing access to the property are adequate in functional classification, width an the USES -of -the proposed zone district. In the event that the STREET or highway facilities willingness and financial capability to upgrade the street or highway facilities in conformance with Section 22 3 60 of this Code. This shall be shown by submitting, with LID Distric: app ica:ion, a separa:e proposal for off site road improvements. This proposal shall describe, in detail, the type of off site road improvements to determine if -the recuirement for STREET or iig -way fad ities provicing access to tie property ias been satisfied. The method of guaranteeing the installation of —proposed off -site road method -of guarantee shall conform with the COUNTY's policy regarding collateral ovement proposa sha be usec for tie purpose of determining -compliance with this Section. 6. That there has been -compliance with the applicable r-eq-ui ements-oantained in Section 23 2 30 A.5 of his C iapter regarding over ay cistricts, commercial mineral deposits and soil --conditions on the subject -site ion of the Planning Commission and the information coma nec r :ie recorc, wi c- urc Lees :ie e Board of County Commissioners within ten (10) days after said recommendation has been made. D. If the Plan certain specified items prior to he pub 'cation of tie notice for tie gearing by tie Board of Countperiod shall commence upon submission of the items by the applicant to the Department of Planning Services. Sec. 23-2 720. Duties of Boars of County Commissioners. a Change of Zone to a PUD District. The Board of County Commissioners shall not approve any PUD application without written consent of the landowners whose properties are included within the PUD District. B —Upon receipt —of the Planning —Commission's recommendation, the Board of County Commissioners sia institute tie procedures containec in Section 23 2'0 A of tiis Ciapte-r7 C. -The Board of County Commissioners sia iold a public hearing to consider the application and to-take—final--action—thereon,--The-Board of County -Commis-s-ioners :hall make a decision proposed Change of Zone, the Board of County Commissioners shall consider the recommendation of the Planning Commission, the facts presented at the public hearing and the information contained in the official record, which includes the Department of Planning or the change of zone to a PUD DIA( requirements or conditions of this Section and Section 23 2 690 of this Division. The applicant ias tie burcen of proof to slow teat tie standarcs anc concitions of this Section and Section 23 2-690 are met. The applicant shall demonstrate= 1. That the proposal is consistent with Chapter 22 and any other applicable code provision or ordinance in effect. PAGE 103 2019-* ORD2019-02 4 Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together F. Performance Standards of the PUD District contained in Section 23 3 120 of this Chapter. future DEVELOPMENT as proje 4. That adequate water and sewer service -will------ �— - -f--�--+i - -i-- -- -►� - USES permitter, witiin tie proposer zone cistrict. A PUD District witi resicentia USES sia be servec by a PUBL grater system. 5. That STREET or ligiway faci ities provicing access to tie property are acequate in functional classification, width anc structure capacity to meet tie traffic requirements of t t are not adequate, the applicant shall supply information which demonstrates the willingness and financial capability to upgrade the street or highway facilities in co-n-fo-rmance with Section 22 3 60 of tie PUD District app ication, a seoarate proposa for off site roac improvements. This osal shall describe, in detail, the type of off -site road improvements to determine if the satisfied. The me part of any off site road improvements proposal. T improvements sia be aescribec meth imp-rovements. An off sil determining compliance with this Section. 6. That there has peen comp lance witi tie app icab 23 2 10 B.5 of tl DEPOSITS and soil conditions on the subject site. as ic ng collateral for e requirements contained in Section istricts; COMMERCIAL MINERAL g forth that decision shall be drafted -and signed. A record of such action and a copy of the resolution will be kept in the files of the Clerk to the Board. plat The Change of Zone to a PUD District shall be immediate upon the voting by the Board of County Commissioners. -owever, no bui ring permits sia be issuec anc no DEVELOPMENT starter witiin a PUD District unti a PUD P an is adopped and recorded by the Department of Planning Services. Sec. 23 2 730. PUD Plan application requirements. 4. An apo icant may submit an app ication for a PUD P an, provicec hat tie PUD P an is ocateda within an existing PUD District. A 7UD an may encompass a or part o- a JUD Distric: The uses shall be identical -to -those located and described on the PUD District Plat. The following comp etec information, cata an maps are requires un ess waives by tie Department of P annfng Services. PAGE 104 2019-* ORD2019-02 Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together A. Written Documents. A copy of a certificate of title issued--b-y-a-title insurance company or an uded in the PUD Plan. The list shall include all mortgages, judgments, liens, easements, contracts and agreements of record in the COUNTY which shall affect the property in the PUD Plan. If the -attorney's --opinion or certificate -of title discloses any of the above, then -the- holders or owners of suci mortgages, :ucgments, iens, easements, contracts or agreements sia be requirec to :oin in anc approve tie app 'cation before tie PUD P an sia be actec upon by the Board of County Commissioners. B. A certificate of title or an abstract of title covering all PUBLIC ded cations. When the applicant is to cecicate anc for scioo s, roacs, pars or otter PUBL C purposes, a letter of intent from the appropriate -PUBLIC agencies stating that the dedicated lands will be accepted -.— C. A warranty deed or other suitable document ready to execute which deeds to the appropriate PUBLIC body all lands other than STREETS which are to be held for or used for PUBLIC pu-rpo ses-- D. Certificate from the County Treasurer showing no delinquent taxes on the property of the proposed PUD Plan. E. Certificate from-a-qualified--eng4n-eer responsible for the design of the utilities. E. Copies of all deed restrictions, including those required by the Board of County G. An Improvements Agreement According to Policy Regarding Collateral for Improvements. This form is provided by the Department of Planning Services and shall adhere to the procedure as outlined in Section 2 3 30 of this Code. The applicant must complete this form to -show the improvements that the applicant is required to construct and the -type -of collater-al which will guarantee installation of improvements. If street or highway facilities providing access to the property were determined adequate at the PUD District application stage because the applicant proposed separate off site road improvements in order to comply with Section 23 2 720 C.5, a separate off site -road Improvements Agreement proposal shall -be su omi--ec. —ie off site roar improvement proposa sia describe, in detail, the type of off site roac improvements to cetermine if tie requirement for STREET or highway facilities will be adequate in functional classification, width and structural capacity to meet the traffic requirements of the proposed zone district. The method -of guaranteeing the installation of off site road improvements shall be described as part of the agreement. The method of guarantee sia conform wit- tie COU\TY's po icy regarding Collateral for Improvements. Prior to approval of any-PUD, the applicant shall demonstrate a completed Access Permit, pursuant to Section 12 5 10 et seq., including any required Improvements Agreement. - emG�ro wi ci s mmn_ �� - —area the PUD Plan. This includes the total number of buildings and STRUCT e expressed in units. The total amount of commercial and industrial floor space in square feet. The total number of off STREET parking spaces, open storage areas and l© ding are .n squa eet. Any other information or the total area of the PUD Plan. PAGE 105 2019-* ORD2019-02 I. A statement describing how each BUILDING and STRUCTURE will be -used or operated. This includes the volume of b establishment, t -he —s- bps expects _z_ UNITS in each BUILDING, the number of parking spaces and any other information which wou c assist in eetermining tie USES of tie BU LD NGS and STRUCTURES anc tie comaatibi ity of tiose USES within anc acjacent to tie PUD. JS =S, 3U _J NGS or S-RUC-URES .n orcer to achieve compatibility. A statement which describes the proposed treatment of the perimeter of the PUD, including materials and techniques used, such as screens, fences, walls, berms and other LANDSCAPING. -A statement concerning -the location and the intended use of a n space and s emt-p-u-bps-uses l u d -p-a-r k€ re r re a t i e n a re'a's,sc h^,mol ---- - ----!-- ------I- _-_..-- -- — L. A statement detailing how any COMMON OPEN S m-ainta-i-reed in perpetuity= M. A copy--af all covenants, grantsf :1e anc, BL, _D \GS anc SRUCUR`S. e DEVELOPMENT will be constructed, the number of BUILDINGS or STRUCTURES, and the amount of COMMON OPEN SPACE to be completed at each stage. O. A statement describing the meth include -the estimated construction cost and proposed method of financing of the street and P storm drainage facilities and such other facilities as may be necessary. opy of the state highway permit shall be provided. upon treatment of any problems resulting from the location of the ditch. -Geologic maps and-in-vestig-a-tian reports regarding area sultab+l-ity for the -proposed PU-D DEVELOP --WENT. Tic maps anc reports wi be furnisied to tic Co orado Geological Survey Di -vision for review and evaluation. 'cation Number -ac estate) within five hundrec (500) feet of tie property sub:ect to tie app 'cation. Tie source of suci ist s ial oo the records of the County Assessor, or an ownership update from a -title or abstract company or attorney, derived - 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. certification may be submitted on the d 24 65.5 103(1), C.R.S. PAGE 106 5.5 103.3, C.R.S., if applicable. Such 2019-* ORD2019-02 U. Awn -shall -be -posted --on the prepe-r-ty-u-ncder consideration for the PUD-Plan. The sign shall ify that the sign has been posted at least fifteen -(15) d-a-y-s-pfeceding the hearing date and evidenced -with a photog-ra-ph. The sign shall include the following: 1. PUD application number. 2. Date, place and time of public hearing. 3. Location anti--p-hone—number of the pab-lic office where additional information may be obtained. 1. Applicant' name. 5. Size of the parvel of land. 6. Type of PUD request. 7. Certificate of Conveyance ‘Is Sec. 23 2 740. Illustrations. t be clear and supported by a written statement. Sec. 23 2 750. Maps. ication submittal. RES with surrounding itectu ra l style must E 4 e of one (1) inch equals - one hundred (100) feet or one (1) inch equals two hundred (200) feet, composed of one (1) or more sheets with an outer dimension of twenty-four (2z1) by thirty-six (36) inches showing the following information: 1 water, sewer, electric, gas, telephone and any o°ier L es wsie• DUD. Easemen.s sia oe designed to meet the provisions of C hapte-r24-of this -C -ode for easement standards. 2. A -utility service statement block shall appear on the map. The block shall identify -each special district, municipality or uti ity company intenced to service tie PUD. Tie b oc-c s-ia I inc•1 ude- a. The name of the utility b. A da II dicating one of the following: (1) service is available; (2) service is available subject to specific conditions; or (3) service is not available for the PUD. In the event number (2) is indicated, the specific condition shall be described. D. Plans, profiles and typical cress -section -drawing -s --of STREETS, bridges, culverts and all TREETS, bridges, culverts and other drainage st-ructures shall be -designed -and con-structed-#o-meet the requirements of -the -County Cons:ruction Stancares anc Ciapter 2z of tiis Coce. Pavement cesign computations and drainage design computations sh-all-also be submitted in accordance with -Chapter 24. PAGE 107 2019-* ORD2019-02 Formatted: Widow/Orphan control, Keep lines together [Formatted: Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together a scale of one (1) inch equals one hundred (100) feet or one (1) inch -equals two h„ndre4 (200) feet, composec of one (' ) or more sleets witi an outer oimgnsion of twenty four (24) by thirty six 1. A grading and drainage plan indicated by solid line contours superimposed on dashed line two -foot intervals for predominant ground slopes within the tract -between level an4- ve- perc dominant ground slopes within the tract over five percent grade. HAZARD AREAS must be delineated. 3. All drainage ways, streets, arroyos, dry gullies, diversion ditches, spillways, reservoirs, :em for the PUD shall be designated. 4. All irrigation ditches and laterals shall be sh-own. facility. 6. All plans sha including the name of the crainage way (wiere appropriate), the downstream conditions and any downstream restrictions. 7. Drainage design computations shall be submitted in accordance with Chapter 24 of this Code. D. A LANDSCAPE plan map consisting of an overall map with detail design areas of interest at a scale of one (1) in ! ; ! ! ! 0) feet and PUD hundred (200) feet, composed of one (1) or more sheets with an outer dimension of twenty four (24) by thirty si he following information: 1. A LANDSCAPE plan indicating the treatment of exterior spaces. Thid-esign objective of by a written statement. The plan must provide an this climate. d-e-cicuous p ant materia witi sufficient use of uprigit species for vertical control. Plant material selection wi De reviewec for acaptabi ity to p iysica conditions inc4cated by site a. Extent anc ocation oa p ant materia s anc otler LANDSCAPE features. P ant material must be identified by direct labeling on the plant or —by a clearly understandable legend. b. = ower anc sirub bee ceeini.ion must be c ear a-nc era-wn .o sca e wi"1 cimensions. c. Species and size of existing plant materials d. Proposed treatment of all ground surfaces must be clearly ifid+cated (paving, turf, gravel, grading, etc.). e. Location -off water outlets. If areas of planting are extensive, plans for an underground sprinkler system or suitable alternative will be required. PAGE 108 2019-* ORD2019-02 Plant material schedule with common and botanical names, sizes, quantities and ollowing Table 23.2: Table 23.2 Plant -Material Sizes - Type Standard deciduous trees Small ornamental & flowering trees - Eveig-teen trees Shrubs Size 13/" to 212" caliper 1W to 13%" caliper — 6' in height Adequate size to -be consistent -with design intent, 5 gallon - can minimum 4 g. All plant material must meet specifications of the American Association of Nurserymen -o (AAN) for No. One grade. All trees must be balled and burlaped or the equivalent. 2. No building -permit shall be issued -for any building or any portion of a PIED until the landscaping required by the LANDSCAPE plan map is in place or an Improvements Agreement which complies with the requirements in Chapter 24 of this Code has been executed, guaranteeing said landscaping -- E. The final-PUD Plat shall be-prepared-accor-d--[ng-to-the following -submission requirements. T -1 -i-s map shall be in drawing ink on Mylar or other material acceptable to the Department of Planning Services. The dimensions of the -map shall --be thi-F y--six--(36) inches wide by twenty four (24) inches high, and prepared at a scale of one (1) inch eq-uals one h -ndred (100) feet or On the -following information: 1. Title, scale and north arrow. 2. P -U -D Plan application number and name. 3. The date of the drawing with adequate space for revision dates. 4. Legal d scri-ption, }ncl 4i-ng total arca involved as certified by the surveyor, and name and of record. PAGE 109 2019-* ORD2019-02 Formatted: Widow/Orphan control, Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together 5. Outline of the proposed-PUD Plan's perimeter, and a certified boundary and lot survey of the parcel under --moo earings and distances outside the perimeter shore line or a body of water, the bearings and distances of a closing meander traverse should be given and a notation made that the plat includes all land otherwise. On curved b length, and (5) notation of nontangent curves. numbered consecutively, existing and -proposed future street layout in dashed lines and PUD Plan Application. 7. Location and description of uses by block or lot, if different uses are located within the block. office BUILDINGS, STRUCTURES, open storage areas, STREETS, PARKING LOTS, improvement or feature within the PUD Plan's boundary. 9. Location anc Description of 7_OOD anc GEO_OG C -AZARD AREAS. 10. Location and description of proposed SCREENING, buffering and LANDSCAPE. ites to be reserved or dedicated for parks, playgrounds, schools and -ether public USES. 12. Location, description and dimensions of all existing and proposed utilities, easements, as determined by the Department of Planning Services. 13. Parcels not contiguous shall not be included in one (1) plat, nor shall more than one (1) plat be mad F. The following certifi ate blocks shall appear on the plat and shall be completed at the appropriate time= 1. Surveyor's certificate. 2. Certificate of Approval by the Planning Commission. 3. Certificate of Approval by the Board of County Commissioners. 4. Certificate of de , COMMON OPEN SPACE, dedication of rights of way, easements and other public pperty interests and maintenance thereof. Sec. 23 2 760. Duties of Department of Planning Services. The Depart a--PUD Plan. The Department shall have the responsibility to ensure that all application shall be — PAGE 110 2019-* ORD2019-02 4 Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together Sec. 23 2 780. Duties of Board of County Commissioners. A --Planed Unit Development Plan. The Department of Planning Services shall ensure that a proposed PUD Plan is located within a PUD District. Lpon cetermining hat tie app icant las met the PUD Plan submittal requirements in Section 2 730, the Department shall institute the applicable procedures under Section 23 2 20 of this Chapter. B. Tie Depa-rtment of P arming Services sia prov+cc a recommencation to the Planning Commission concerning the disposition of the requested PUD Plan. Sec. 23 2 770. Duties of Planning Commis-si-o-n-; The Planning Commission shall hold --a public -hearing to consider a--PUD Plan application.4 of County Commissioners concerning the disposition of the requested--PUD Plante-S-uch recommendations shall be made earing date. The Planning Commission shall recommend a pcoval of -the request for the PUD Plan only -if -it -finds that the applicant has met the applicable requirements or conditions of this Section and Sections 23 2 730, 23 2 740 and 23 2 750 of this Chapter. The applicant has the burden of proof :o slow -ia- 'fie s:aneares anc cone :.ors of :is Section anc Sections 23 2 730, 23 2 710 anc 23 2 750 of this Chapter are met. The applicant shall demonstrate: A. The proposal is consistent with Chapter 22 of this Code and any other applicable code provision or ordinance in effect. B. The PUD Plan conforms to the PUD District in which it is proposed to be located— C. The USES, BUILDINGS and STRUCTURES which -would be permitted shalt be compatib4e with the existing or future DEVELOPMENT of the surrounding area as permitted by the existing zoning, and with the future DEVELOPMENT as projected by Chapter 22 of this Code municipalities. J. There las been conformance wi i -fie 2erformance S:ancares ou: of this Chapter. E. There will be compliance with Article V and Article SCI of this Chapter if the proposal is located or a Special Flood fined in Section 23 3 420 adopted by the County. F. There has been compliance with the submittal requirements of the PUD Plan, and the PUD Plat and the supporting documents satisfy the legitimate concerns of the Planning Commission. G. The Secretary of -the Plan P- Dena-r#ment of Planning -Services case file, to the Clerk to the Board within ten (10) days after said recommendation has been made. mmission's recommendation is forward the official recommendation of the conditional upon the applicant comp �e _ for the he , eting After receipt of the—Planning—Oommissi-on'd recommend -alien, the —Board of Coun-ty Commissioners shall: PAGE 111 2019-* ORD2019-02 4 Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together A. Set a public heart PUD Plan. notice shall -not create a jurisdictional defect in the hearing process. The date of -publication of County —Commissioners, a second notice may the proposed e newspaper designated by C. Arrange for the Department of Planning Services to post a sign an the property under consideration for the PUD Plan according to the requirements of Section 23 2 20 B.5 of this Chapter. and to take final action -thereon. he Board of County Commissioners s ma<eac ecision proposed PUD Plan; the Board of G -o my Commissioners shall consider the recommendation contained in the official -record, which includes the Department of Planning Services case file. finds that the applicant has met tie app icab Sections 23 2 730, 23 2 740 and 23 2 750- o- proof to show that the standards and conc .eons of this Sectior 7,1-0 anc 23 2 750 of t1is C1aoter are met. The apa • e requirements or conditions of this Section an and Sections 23 2 730, 23 2 1. The proposal -is consistent with Chapter 22 and any other applicable -code provision or ordinance in effect. compatible with —the existing or future —DEVELOPMENT of the surrounding —area as 'las been conformance wi he Performance S.ancares ou 4. There /120. 1 inec in Sec ion 23 3- 5. There has been compliance with Article V of this Chapter if the proposal is located within ially adopted by the COUNTY. 6. There has been compliance with -the -submittal requirements of the PUD P -la -n, and the PUD Plan Plat and the supporting` documents satisfy the legitim-ate concerns of the Board of County Commissioners. No PUD Plan Plat shall be rec erk and - Recorder and no building permit shall be issued for the PUB Plan until the Board of County Commissioners has approved all improvement agreements guaranteeing the installation orovement agreement if apo icab e. A agreements must be mace in conformance with the policy regarding collateral for improvements. E. After the Board of County Commissioners ma<es its =rn-a decision, a reso ution se-ting forth the Board's decision shall be drafted and signed. A record of such action and a copy of the resolution shall be kept in the files of the Clerk to the -Board. PAGE 112 2019-* ORD2019-02 F. The Board of County Commissioners shall arrange —for the County Clerk and Recor-der o record the resolution and the proposed PUD Plan if -it is approved. No building permits shall be issued until the PUD Plan has-been recorded and a Site Plan Review Application has been approved nning Services. Sec. 23 2 790 Supp ernenta -procedures anc requirements. 4 A. Amencment to a PLD District. Eaci approves PUD District is considered unique, and the - uses de -scribed -by block and/or lot within a PUD District shall only be amended -by applying for a change of zone 690 above. -2- B. Amendment to a PUD Plan. Any request to make a major change -to an approved PUD Plan may include, but not be n under Section 23 2 730 above. This imitec to, requests for vacating a or parts of an approved PUD Plan or major corrections. The Department of Planning Services may waive application requirements which do not pertain to the -p PUD Plan. C. Minor Modifications to a PUD Plant —The Department of Planning Services may approve minor mod ificati hat tie minor modification is required by engineering or other circumstances not foreseen during the if that modification does not conform to the PUD District. D. Correction to a PUD Plat. The Board of County Commissioners may, without a hearing or Ian regulations, approve a correction to a PUD Plan if the sole purpose of such correction is -to correct one or more tecinica errors in an approve° PUD Plan and where such correction is consistent with its approved PUD District. E. Failure to submit a PUD Plan. If no PUD P of the date o landowner to appear before it and present evidence substantiating that the PUD project has not been abanconec anc hat the ago icant possesses tie wi ingness anc abi ity to continue with the submittal of the submittal of the-PUD Plan -application and shall annually require the applicant to demonstrate that the PUD has not been abandoned. If the Planning Commission determined that conditions or statements made supporting the original approval -of the PUD District have changed or that the -landowner cannot irnp4ernent the PUD Plan, the --Manning Commission shall recommend to the -Board of County -Commissioners that the-P-UD District approval be revoked. If the Board yes may revoke -the PUD District -and -order the recorded PUD District reverted to the original zone district. PAGE 113 2019-* ORD2019-02 Formatted: Widow/Orphan control, Keep lines together r -- Formatted: Keep lines together the original approval of the PUD Plan F. Failure to Commence a PAD Plan. If no construction has begun or no USE established in the PUD with -in one (1) year of the date of the approval of the PUD Plz may re present evidence substantiating that the PUD project has not b I I II I es the willingness and ability to continue the PUD. The- I initiat-i-e-n of onditions supporting trier cannot implement Commissioners that the PUD Plan approval be withdrawn. If the Board of County the recorded PUD Plan vacated. G. Enforcement of the PUD Plan. The PUD Plan's cons-ruc: on schedule and the maintenance of COMMON OPEN SPACE shall be enforced as follows: , recreational facilities which -are shown on the PUD Plan shall proceed at a rate which is STRUCTURES. Per. compare the DEVELOPMENT to date with the approved construction schedule -- 2. All DEVELOPMENTS shall meet the requirements herein -set forth and no final plan shall be approved that does not meet those requirements. permanent care and maintenance of OPEN SPACE, recreational areas and commonly ownec 'ad i-ies anc SARK \G _O —S. —1e same sla be suomiroec :e- the County Attorney and shall -not be accepted until approved as to legal form and effect. If the COMMON , elation. Such documents shall meet the following requirements: a. The homeowners' association must be estaNiehed before any residences are sold. ch owner. c. OPEN SPACE restrictions must be p d. The homeowners' associati and maintenance of recrea-iona anc o ier aci ities. c. The association must have tie power to evy assessments wiici can become a ien on individual premises for the purpose of paying the cost of operating and maintaining common facilities. f. If the organization established to own and maintain common open space, or any successor organization, fails to maintain the common open space in reasonable order anc concition in accorcance witi tie aoprovec P--�J�-P taken: PAGE 114 2019-* ORD2019-02 1) The Board of County Commissioners may serve written notice upon such organization or upon the owners or residents of the PUD selling forth that the organization has failed to comply with --the PUD Plan. Said notice shall include a demand that such deficiencies of maintenance be cured within thirty (30) days thereof. A --gearing sia be ie c by -a the original notice as to deficiencies and may give an extension of time within w they shall be rectified. 2) If the deficiencies set forth in the original notice or in the modifications thereof are not rectified within thirty (30) days or any extension thereof, the Board of County Commissioners, in order to oreserve tie va ues of tie properties within the PUD and to prevent the COMMON OP -E -N -SP -A -CE from becoming a public-n-uisance, may enter upon said COMMON OPEN -SPACE and maintain the same for a period of one (-year. Said entry and maintenance shall not vest in the PUBLIC any rights to use tie COIVIVON OPEN SPACE exceot wien :ie same is vo untari y deaicatec to the PUBLIC by the owners and accepted by the Board of County Commissioners. Be -ore tie expiration of saic one-year period, the Board of County Commissioners shal ca a oub is hearing to consicer the necessity of continuing such maintenance for a succeeding year. Notice of the hearing shall be given, in writing, not less than thirty X30) days -and not more than sixty (60) days prior to this ntenance of the COMMON OPEN SPACE and to -ie owners or res.cen:s othe D. Board of County Commissioners determines that such organization is not ready and able to maintain said COMMON OPEN SPACE in reasonable condition, the Board of County Commissioners may continue to maintain said COMMON OPEN SPACE during the next suc I ,I I II I I I ing and determination in each thereafter. 3) The cost of such main of tie COMMON OPEN SPACE, anc any unpaid assessments shall become a tax -lien on said properties, pursuant to Section 24-07 105, C.R.S. H. Monuments. Permanent reference monuments sia be set on tie PUD according to CiaDter 2/ of tiis Coce and Section 30-51 ' 0' , e: sec., C.R.S. Division 9 - Fees Amend Sec. 23-2-900. Fees established. * Fees for all Land Use Permit Applications provided for in this Chapter shall be established bya resolution of the Board of County Commissioners in conjunction with a hearing process that vui� consist of a ten-day public notic missioners' hearing. Notice -of said hearing shall be published once in the newspaper designated by the Board of County -of notices. Fees shall be collected in accordance with this Division 9 and Section 5-7-10 of this Code. Remainder of Division — No change. PAGE 115 2019-* ORD2019-02 Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together Formatted: Widow/Orphan control, Keep lines together ARTICLE III - Zone Districts Division 1 - A (Agricultural) Zone District Amend Sec. 23-3-10. Intent. Agriculture in the COUNTY is considered a valuable resource which must be protected from< adverse impacts resulting from uncontrolled and undirected business, industrial and residential land USES. The A (Agricultural) Zone District is established to maintain and promote agriculture as an essential feature of the COUNTY. The A (Agricultural) Zone District is intended to provide areas for the conduct of agricultural activities and activities related to agriculture and agricultural production, and for areas for natural resource extraction and energy development, without the interference of other, incompatible land USES. Tie A (Agricu tura ) Zone District is a so intencec to provide areas for the conduct of USES by Special -Review which have been determined to be eneral ent and future residents of the COUNTY. Amend Sec. 23-3-20. Uses allowed by right outside of subdivisions and historic townsites.a No BUILDING, STRUCTURE or land shall be USED and no BUILDING or STRUCTURE shall< hereafter be erected, structurally altered, enlarged or maintained in the A (Agricultural) Zone District on LOTS outside of SUBDIVISIONS and HISTORIC TOWNSITES except for one (1) or more of the following USES. Land in the A (Agrhe schedule of bu c requirements containeo in Section 23 3 50 below District shall also be subject to additional requirements contained in Articles IV and V of this Chapter. A. O c - ®WWII V n�ne�i i IM(≥ i L LOT.ANIMAL BOARDING and animal TRAINING FACILITIES where the maximum number of ANIMAL UNITS or HOUSEHOLD PETS permitted in Section 23-3-70.D below is not exceeded and traffic to and from the facility does not exceed sixty (60) daily trips. B. One (') S NGLE FAM LY DWELL NG UN T anc AUXIL ARY QUARTERS on a oarce! of and created under the provisions of Chapter 24, Article VIM -of this Code. Asphalt or concrete batch plant and borrow pits USED TEMPORARILY and exclusively for an on -site construction pro-ect or the completion of a PUBLIC STREET/ROAD improvements pro.ect. The six-month limitation for this TEMPORARY USE may be extended in six-month increments at the discretion of the Director of Planning Services up to two (2; times, and thereafter by the Board of County Commissioners. C. =ARV \G, RA\CHING and GARDE\ NG.CAMPING, FISHING, HUNTING, and noncommercial WATER SKIING.COUNTY grader sheds_ the premises.COUNTY grader sheds.FARMI , ' RUCTURES of LIVESTOCK. Covert---phi-a4y dismantled, modified, altered or refurbished MANU '~ the storageicultural went or agricultural -products or confinement or protection of LIVESTO‘.,K. PAGE 116 2019-* ORD2019-02 [Formatted: Keep lines together Formatted: Justified, Widow/Orphan control, Keep lines together l Formatted: Keep lines together Formatted: Highlight Formatted: Highlight E. TEMPO-RAPc s ge and socting of, in transit, of crops, vegetables, plants, flowers and nursery stock not -wised co the premises and not for -saw-on--6a S =III I I II -II I IP FARMING and GARDENING, including STRUCTURES for storage of agricultural equipment and agricultural products and confinement or protection of LIVESTOCK. Converted, partially dismantled, modified, altered or refurbished MANUFACTURED HOMES shall not be utilized as agriculturally exempt BUILDINGS or forthe storage of agricultural equipment or agricultural products or confinement or protection of LIVESTOCK. F. Re-pealed.NONCOMMERCIAL TOWERS no taller than seventy (70) feet. (See Article IV, Division 10, of this Chapter.) G. Grazing of LIVESTOCK -Police, ambulance, and fire stations or facilities. H. Feeding of LIVESTOCK within the !imitators ons defined in Section 23 3 50 below and Section 23-4 710.PUBLIC parks. I. OILND GAS FAC-I-LITIES.PUBLIC SCHOOLS. I. WOGLA Required. No OIL AND GAS FACILITY shall be developed in the A (Agricultural) Zone District until a WOGLA has been issued by the Department of Planning Services or the Board o ance with the -application procedures set forth in Article II, Division 10, of this Chapter. J. PUBLIC- a te-and-P- recreation facilities. Sand, soil, and aggregate MINING that qualifies for a single limited impact operation under Section 34-32-110 £C1.R.S. (a 110 permit) or is exempt from any permits from the Colorado Division of Reclamation, Mining, and Safety, generates no more than five thousand (5,000) cubic yards of material per year for off -site USE, and does not involve crushing, screening, or other processing. An Improvements Agreement, as determined by the Department of Public Works, may be required prior to commencement of operations. K. PUBLIC SCHOOLS and PUBLIC SCHOOL extension classes. One (1) SINGLE-FAMILY DWELLING and AUXILIARY QUARTERS, FOSTER CARE HOME, or GROUP HOME per LEGAL LOT. L. UTILITY SERVICE FACILITIES. TELECOMMUNICATIONS ANTENNA TOWERS no taller than thirty-five (35; feet. (See Article IV, Division 10, of this Chapter.) M. Alcohol production which does not exceec ten tiousanc (' 0,000) ga ons per year, provided that -alcohol anal -by-products will be used primarily -on the owner's or operator's IanchUTILITY SERVICE FACILITIES. N. Tassemblages (subject to Chapter 12, Article I, of-th-is Code).Water tanks, agriculture -related. O. REPEALED. Aspia t or concrete batci Dan: usec temoorari y arm construction project or the completion of a PUBLIC road improvements project. The six-month limitation for this TEMPORARY use may be ex.encee in six-mont- increments at tie discretion -of -the -Director of Planning Services up to -two --(2) times, and thereafter by the Board of County Commissioners. P. REPEALED.MOBILE HOME subject to the addition -al-------- .__._- - — -.,- -.L _---_----_-_-�---- this Chapter. Q. REPEALED.Police and Fire Stations or Facilities. PAGE 117 2019-* ORD2019-02 Commented [JF39]: These were supposed to be alphabetical. I guess I looked at FISHING and missed CAMPING. [ Commented [JF4®]: Very minor, but all other instances Lin this chapter use periods. My bad. I Formatted: Highlight Formatted: Highlight R. REPEALED. road improvement project. In addition, sand, soil use of the mater-+alFri ! Bali es -a ogle five thousand (5,000) cubic yards of material crushing, screening or other processing. An Improve Department imited 0 permit) or is S. REPEALED.MANUFACTURED HOME subject to the additional requirements of Section 23, 4 700 of this Chapter. T. REPEALED.AN number of AN MAL BOARD MAL UN NG and anima _RA N UG =ACILITIES where the maximum TS permitted in Section 23 3 50.D be ow is not exceeded. U. REPEALED. One (1) TELECOMMUNICATION AitTENNA TOWER and/or one (1) NONCOMMERCIAL TOWER subject to the provisions of Article IV, Division 10 of this Chapter. V. REPEALED.Disposal of BIOSOLI Agile VII of this Code: er 14, W. REPEALED.Disposal of DOMESTIC SEPTAGE subject to the additional requirements of Chapter 14, Article VI of this Code. X. REPEALED.TEMPO-RARY seasonal uses, including fruit and vegetable stands, and facilities mit requirements of Article IV, Division 7 of this Chapter, except as alb--- I--- a-pe mit-per;-Subsectio-, -23-3 20.D. Y. REPEALED.GROUP HOME FACILITY. Z. REPEALED. FOSTER CARE HOME. AA.REPEALED.County Grader Shed, except in -or adjacent to a platted subdivision or Townsite. BB.REPEALED.CARGO CONTAINERS used as a S \G_E =AV _Y DWELL \ G L\ T and CC.REPEALED.PIPELINE NATURAL GAS or PIPELINE PETROLEUM PRODUCTS OTHER THAN NATURAL GAS. LAD Required. No PIPE OTHER THAN NATURAL G \E NATURAL GAS or NE DE ROLEUM PRODUCTS , of this Commissioners in accordance with tie app 'cation procedures set forth in Division 1' Chapter. Amend Sec. 23-3-30. Accessory uses outside of subdivisions and historic townsites. PAGE 118 2019-* ORD2019-02 4 - Formatted: listO, Indent: Left: 0", Keep lines together Formatted: Widow/Orphan control, Keep lines together The following BUILDINGS, STRUCTURES and USES shall be allowed in the A (Agricultural)4 Zone District on LOTS outside of SUBDIVISIONS and HISTORIC TOVVNSITES so long as they are clearly incidental and ACCESSORY to pn allowed MUSES-aA lowed by _right, in the A /Agricultural) Zone District. Such BUILDINGS, STRUCTURES and USES must be designed, constructed and operated in conformance with the bulk requirements contained in Section 23 3 50 be ow. ACCESSORY USES within tie A (Agricu tura ) Zone District sia a so be subject to additional requirements contained in Articles V anc V of his Chapter. 'rote: Tie combine& GROSS FLOOR AREA of all ACCESSORY B III nI 5, 1981 on LOTS in an aparovec or recorcec suoc 'vision a at or LOTS cart of a map or p an filed prior to acoation of any regu ations contro ing subcivisions of -less than ten (10) acres shall not exceed four percent (Is %) of tie tota LOT area, except in Regiona Urbanization Areas, wilci sia ac sere to RUA development standards. However, in no case shall such an ACCESSORY BUILDING exceed twice the GROSS FLOOR AREA of the primary residence on the LOT except by variance. Any accessory structure made nonconforming by application of this -Section m repaired, replaced or -restored in total. A. STRUCTURES for storage of equipment and agricultural products. Converted, partially dismantled, modified, altered or refurbished MOBILE HOMES or MANUFACTURED HOMES sia not be uti izec as an AGR CULTURALLY EXEMPT BU LD NG or for tie storage of equipment ar agricultural products. One (1) caregiver of MEDICAL MARIJUANA grown and sold pursuant to the provision of Article 43.3, Title 12, C.R.S., and for a purpose authorized by Section 14 of Article XVIII of the Colorado Constitution per LEGAL LOT as per Article VII, Chapter 12, of this Code. B. BUILDINGS for confinement or protection of LIVESTOCK, within the limitations defined -in Section 23 3 50 be ow. Convertec, partia y eismant ec, mocifiec, a terec or refurbisied MOBILE HOMES or VA\U =AC—UREJ HOMES shall not be utilized as an Itural products. Up to two (2) CARGO CONTAINERS per LEGAL LOT of less than eighty (80) acres. Up to five (5) CARGO CONTAINERS may be allowed per LEGAL LOT of eighty '80) or more acres. C. MOBILE HOMES used as SINGLE-FAMILY DWE-LL-LLfor persons -customarily employed at or engaged in FARMING, RANCHING or GARDENING subject to the additional requirements of Article IV, -Division 3 of-this-C-hapter. NONCOMMERCIAL JUNKYARD, as long as it is ENCLOSED within a BUILDING or STRUCTURE or SCREENED from all ADJACENT properties and PUBLIC RIGHTS -OF -WAY in conformance with a SCREENING plan approved by the Department of Planning Services. D. HOME OCCU-PATIONS CLASS I shall -comply with Section 23 1 90 and CLASS II shall como y wi:1 Section 23 90 anc Artic e V, Division 13 of this Chapter,OFFICES. E. OFFICE incidental to the operation of the Uses Allowed by Right as listed in Section 23 3 20 above.Parking areas and parking STRUCTURES, including parking of one (1) COMMERCIAL VEHICLE per LEGAL LOT. F. MOBILE HOME subject to the additional requirements of Article IV, Division 3 of this Chapter,. Up to two (2) SEMI -TRAILERS USED as ACCESSORY storage per LEGAL LOT. G. Roadside stands when the products offered for sale are grown on the premises. Such stands shall be situated not less than fifty (50) feet from tie PL BL C rig it of way., STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3-20. H. SIGNS, in conformance with the provisions of Article IV, Divisi-on 2 of this Chapter. WIND GENERATORS allowed as ACCESSORY USES in Section 23-4-450 of this Chapter. PAGE 119 2019-* ORD2019-02 ( Formatted: Keep lines together 1 Formatted: Highlight J `Commented [JF41]: My typo. Formatted: Highlight I Formatted: Highlight 1 I. REPEALED.NONCOMMERCIAL JUNKYARD. J. REPEALED. Any other STRUCTURE or USE clearly incidental and ACCESSORY to the fight in the A (Agricultural) Zone District. K. REPEALED.Cargo container as Acc accessory TR CTURE-in th, — Ian filed prior to the -ad than eighty (80) acr a LOT which is part of a map or plan filed pri iv-i-s-ions in roperty of less of than eighty (80) acres in size. Additional containers may be allowed on a!! lot sizes, as n office, a ermits. The following conditions shall apply: and dry utilities such as water, sew 2. The cargo container can be used -as a DWELLI' been retrofitted for habitation can be connected to wet een retrofitted for an office, e designed by a licensed professional. 3. The property upon which the cargo container is to be located must be a LEGAL LOT. 4. Th., storage, an office, a DWELLING, or any habitable -use. ffice, a DWELLING, or any habitable use shall not be �ila^ftr1, rS�nanir rn-ni ,rtnit irio an nanrnn nnntaninor +k.n+ ,c parts of general dilapidation, or infestation with vermin or rodent na-aged by fire, earthquake, wind or other natural causes, or is in a state , was in at the time it was placed on the site as established by the original inspection by the Department of Bui cing nsoection, or it sla be removes from tie site. 6. A cargo container used solely for storage shall -be removed from the property upon cessation of the USE. L. REPEALED. storage may be permitted on -LOTS in an approved or recorded subdivision plat, or LOTS the adoption of a-ny regulations controlling subdivisions in the A (Agricultural) Zone District, acco requirements o dined ^ S inside the unit. Up to two (2: parcels not in an approved or recorded subdivisio playa-fi Zone istrict, without a zoning permit. Additi be -a- owec on a of sizes anc types, as cescribec in Suosection 23-3 40.1. below. PAGE 120 ge on agricultural 2019-* ORD2019-02 Formatted: list1, Indent: Left: 0", Keep lines together Formatted: Keep lines together M. REPEALED. COMMERCIAL VEHICLES. Parking -and operation -of -one (1) COMMER-CIAL VE- CLE may be permittec on _OTS in an approved or recorded subdivision plat, or LOTS which are part of a map or plan filed prior to -the adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District, according to the procedure and zoning permit requirements outlined in Section 23 4 950 of this Chapter. Parking and operation of one (1) COMMERCIAL VEHICLE may be allowed on property of less than eighty (80) acres in size, when not a LOT in an approved or recorded subdivision or a LOT which is pad of a map or plan -filed prier to adoption -of any regulations controlling subdivisions, without a zoning permit. Wit-mu:tie aopropria:e anc use permits, on y one (1) tractor trailer and one (1) two rear axle vehicle are permitted on a parcel of land less than eighty (80) acres. Parking and operation of u a 7o five (5) CON/VERO A_ VE - C _ES may be allowed on property equal to or greater than eighty (80) acres in size when used to haul agricultural goods, equipment or livestock, as long as the number of trips does not exceec sixty (60) per cay to anc from tie property. No additional --COMMERCIAL VEHICLES are allowed, unless part of -a commercial or ind-ustrial USE otherwise permitted by Subsection 23 3 -40.S. below. N. REPEALED. W \D GE \ ERATORS, wiici may require tie issuance of a Zoning Permit for WIND GENERATOR, as per Chapter 23, Article IV, Division 6 of this Code. O. REPEALED. MEDICAL MARIJUANA. One -(1) caregiver of MEDICAL MARIJUANA that is grown and so c pursuant to tie provision of Artic e 13.3, Tit e 2, C.R.S., anc for a purpose autiorizec by Section -1 of Artic e XV of tie Co oraco Constitution per legal parcel as per Article -IV, Division 14, of this Cod -e7 - P. REPEALED.TELECOMMUNICATION ANTENNA TOWERS, which require the issuance of a COMMUNICATION -ANTENNA TOWER, subject to the provisions of Article IV, Division 10 of this Chapter. Q. REPEALED.SECOND SINGLE FAMILY DWELLING, subject to the additional requirements of Article IV, Division 8 of this Chapter. R. REPEALED.Recreational activities, including: 1. Hunting. 2. Fishing. 3. CAMPING. 4. WATER SKIING. Sec. 23-3-35. - Uses allowed by permit outside of subdivisions and historic townsites. No USE listed in this Section shall commence construction or operation in the A (Agricultural)4 Zone District on LOTS outside of SUBDIVISIONS and HISTORIC TOWNSITES without prior approval of a land use permit from the Department of Planning Services or Department of Public Health and Environment, as applicable. A. AGRICULTURAL PRODUCTION permitted under Division 17 of Article IV of this Chapter. 4- B. AGRITAINMENT, agriculture -related EVENT FACILITIES, AGRITOURISM, and HUNTING LODGES permitted under Division 17 of Article IV of this Chapter. C. AIRPORTS and AIRSTRIPS, including crop -dusting operations, permitted under Division 17 of Article IV of this Chapter. D. BED AND BREAKFAST FACILITIES permitted under Division 17 of Article IV of this Chapter. N tr • ( Formatted: list1, Indent: Left: 0", Keep lines together Formatted: Keep lines together PAGE 121 2019-* ORD2019-02 Formatted: Indent: Left: 0", First line: 0.25", Keep lines together Formatted: Indent: Left: 0", Keep lines together, Tab stops: 0.56", Left E. Disposal of BIOSOLIDS and/or DOMESTIC SEPTAGE permitted under Chapter 14 of this Code. F. BREW PUBS, BREWERIES, DISTILLERIES, and WINERIES permitted under Division 17 of Article IV of this Chapter. G. COMMUNITY BUILDINGS permitted under Division 17 of Article IV of this Chapter. H. CONTRACTOR'S SHOPS permitted under Division 17 of Article IV of this Chapter. I. CUSTOM MEAT PROCESSING permitted under Division 17 of Article IV of this Chapter. J. Farm equipment sales, repair and installation facilities permitted under Division 17 of Article IV of this Chapter. K. Golf courses permitted under Division 17 of Article IV of this Chapter. L. Grain, seed, feed, and fertilizer retail and wholesale sales permitted under Division 17 of Article IV of this Chapter. M. HOME OCCUPATIONS permitted under Division 13 of Article IV of this Chapter. N . Keeping between five (5) and eight (8) HOUSEHOLD PETS of one (1, species, or between eight (8) and sixteen (16) HOUSEHOLD PETS of two '2) or more species and, in addition, up to thirty (30) birds, permitted under Division 17 of Article IV of this Chapter. O. LANDSCAPING COMPANIES permitted under Division 17 of Article IV of this Chapter. P . LIVESTOCK salebarns permitted under Division 17 of Article IV of this Chapter. Q. MANUFACTURED HOMES and STRUCTURES permitted under Division 3 of Article IV of this Chapter. R. NONCOMMERCIAL TOWERS between seventy (70) and one hundred thirty (130) feet in height permitted under Division 10 of Article IV of this Chapter. S . OIL AND GAS FACILITIES permitted under Division 10 of Article II of this Chapter. T. PIPELINES - NATURAL GAS or PIPELINES - PETROLEUIV PRODUCTS OTHER THAN NATURAL GAS permitted under Division 11 of Article II of this Chapter. U . RECREATIONAL FACILITIES, PUBLIC and PRIVATE, permitted under Division 17 of Article IV of this Chapter. V. One (1 second SINGLE-FAMILY DWELLING per-mftted! underper LEGAL LOT, subject to the provisions of Division 8 of Article IV of this Chapter. W. SHOOTING RANGES permitted under Division 17 of Article IV of this Chapter. X. SMALL SCALE SOLAR FACILITIES permitted under Division ' 7 of Article IV of this Chapter. Y. TELECOMMUNICATIONS ANTENNA TOWERS between thirty-five (35) and seventy (70) feet in height. (See Article IV, Division 10, of this Chapter.) Z. TEMPORARY seasonal USES permitted under Division 7 of Article IV of this Chapter. AA.Veterinary clinics or animal hospitals permitted under Division 17 of Article IV of this Chapter. BB.WIND GENERATORS requiring a zoning permit under Division 6 of Article IV of this Chapter.a Amend Sec. 23-340. Uses by special review outside of subdivisions and historic PAGE 122 2019-* ORD2019-02 Commented [JF42]: I realized this should read like the others after I changed them. (See 23-3-60.X below.) Formatted: Highlight Formatted: Highlight Formatted: Highlight Formatted: Indent: Left: 0", Keep lines together, Tab stops: 0.56", Left towns rtes. B The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained on LOTS outside of SUBDIVISIONS and HISTORIC TOWNSITES in the A (Agricultural) Zone District upon approval of a pe m tSpecial Review Permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter, or Article II, Division 5, in the case of MAJOR FACILITIES OF PUBLIC UTILITIES OR PUBLIC AGENCIES. A. feral resource development facilities including:ANIMAL BOARDING and animal TRAINING - FACILITIES where the maximum number of ANIMAL UNITS permitted in Section 23-3-70.D below is exceeded or traffic to and from the facility exceeds sixty ;60) average daily trips. B. 1. OIL AND GAS STORAGE FACILITIES. G ano materia s processing, subject to the provisions of Article IV, Division 4 of this -Chapter: - 4. Asphalt and concrete batch plants. 5. Coal gasification facilities. 6. MINING or recovery of other mineral deposits located in the County, subject to the provisions of -Article IV, Division 4 of this Chapter. 7. TRANSLOADI4G— husbandry or horticu tura! services on a fee or con.rac- batch plants. 1. Sorting, grading an 2. Grain and/or feed -elevators. 3. Crop dusting or spraying operations facilities (includes hangars, landing trips, fertilizer storage facil ACCESSORY to the crop dusting or spraying operation). 4. Farm equipment sales, repair and installation facilities. uding:Asphalt or concrete basis, inc 6. Grain and feed sales. 7. Commercial grain storage and drying. 8. Fertilizer storage, mixing, blending and sales. 9. Seed production, processing, storage, mixing, blending and sales. 0. A\ VAL 3OARD NG an o an'ma TRAINING =ACI_ TIES where the maximum number of AN-IMAL UNITS permitted in Subsection 23 3 50.D below is exceeded and/or when the traffic hat is generatec by tie boarcing or training activity exceeds sixty (60) trips per day to and from the property. 11. Alcohol production exceeding -ten thousand (10,000) gallons per year or the sale -or loan of alcohol occurring to any other person not involved -in the alcohol production operation. 12. Animal waste recycli PAGE 123 2019-* ORD2019-02 Formatted: Justified, Space After 0 pt, Line spacing: single, Widow/Orphan control, Keep lines together Formatted: Keep lines together 13. Custom meat processing. _ VESTOCK sale barns anc 6. VESTOCK CONF ac es. NEMENT , N — 17. Rodeo Arenas, Commerci-al 18. Roping Arenas, to inc ude both indoor and outdoor arenas, commercial. :CAMPGROUNDS. 1. COMMERCIAL Race tracks and race courses. 2. DRIVE IN THEATERS, subject to the provisions of Section 23 4 410. 3. Golf courses. 4. Shooting ranges, subject to t provisions of Section 23A 370. 6. Fairgrounds. 7. DUB.. C or COIVV RC A_ CAV a \G. 8. COMMERCIAL RECREATIONAL FACILITIES. D. Public Utilities facility, including: More than the number of CARGO CONTAINERS allowed by Section 23-3-,223a. 2. Storage tanks, subject to the provisions of Section 23 4 420. provisions of Section 23 4 420. E. PUBLIC and quasi PUBLIC BUILDINGS inc uoing:CHILD CARE CENTERS. 1. CHURCHES. 2. Private SCHOOLS. 3. Administrative OFFICES or meet4ng halls for agricultural organizations. latted subdivision or Townsite. F. AIRPORTS and AIRSTRIPS. COMMERCIAL rodeos and COMMERCIAL roping arenas. G. Parking of more than the number of COMMERCIAL VEHICLES allowed by right or by permit. H. KENNELS, subject to the additional requirements of Section 23 4 400.CEMETERIES. 11 -380. -CHURCHES. J. Keeping, raising or boarding of EXOTIC ANIMALS.COMMERCIAL RECREATIONAL FACILITIES. PAGE 124 2019-* ORD2019-02 Commented [JF43]: Another typo of mine. Formatted: Highlight O. P . Q. K. One (1) or more -microwave, radio, television or -aver commun-ication transmission or -relay tower over seventy (70) feet in height per LOT. Commercial towers subject to the provisions of Section 23 A-800. CORRECTIONAL FACILITIES, subject to Article XV, Section 15-5, of the Weld County Charter. L. TELECOMMUNICATION ANTENNA —TOWERS which require a Use by Special Review Permit, subject to -the -provisions of Article IV, Division 10 of this Cha EVENT FACILITIES not agriculture -related. M. Ore (1) SINGLE FAMILY DWELLING UNIT per LOT other than those permitted under Section 23 3 20 A above.Keeping, raising or boarding of EXOTIC ANIMALS. N . MULTI FAMILY DWELLINGS for persons PRINCIPALLY FARMING, RANCH-NG or GARDENING.BUSINESSES. Expansion or extension of NONCONFORMI-NG US€S.HELIPORTS. HOME BUSINESS. KENNELS, subject to the additional requirements of Section 23-4-400. ACCESSORY BUILDINGS witi GROSS FLOOR AREA arger -han four percent (4%) of the total to or -recorded subdivision plat or LOTS part of a map or plan field prior to adoption of any regulations controlling subdivisions. LIVESTOCK CONFINEMENT OPERATIONS, subject to the additional requirements of Section 23-4-350. R. CORRECTIONAL FACILITY.LUMBERYARDSANOODWORKING. S. Any use permitted as a Use by Righ , an °CCESSOR �� r -Use by p�� l-Revi the COMMERCIAL or industrial zone districts, provided that the property is not a Lot in an adoption of any regulationdevelopment proposals shall not be permitted to use the special review permit process to—develop.MAJOR FACILITIES OF PUBLIC UTILITIES OR PUBLIC AGENCIES in accordance with Division 5 of Article II of this Chapter. T. CHILD -CARE CENTER.MEDIUM SCALE SOLAR FACILITY, sub ect to the additional requirements of Section 23-5-1030. U . BED AND BREAKFAST FACI-LITY.Open MINING and processing of minerals, subject to the additional requirements of Article IV, Division 4of this Chapter. V. More than one (1) semi -trailer when used as a personal storage unit, on lots in an appr-oved or recorded subdivision plat or LOTS which are part of a map or plan filed prior to the adoption e isions; and more than two (2) semi-tra-14ers on agricultural parcels not in an approved or recorded subdivision plat of LOTS which are part of a map or plan filed prior to the adept -ion of any regulations controlling subdivisions in the A (Agricultural) Zone District.MULTI-FAMILY DWELLINGS for persons PRINCIPALLY employed at or engaged in FARMING. W..----1 +- a bove-as Uses by Special Review as long as the USE complies with the general intent of the A (Agricultural) Zone District.NONCOMMERCIAL TOWERS requiring approval of a Use by Special Review. X. PROCESSING.OIL AND GAS STORAGE FACILITIES. Y. RESEARCH LABORATORY.OIL AND GAS SUPPORT AND SERVICE. Z. HEAVY MANUFACTURING, PROCESSING.ORGANIC FERTILIZER PRODUCTION/COMPOSTING FACILITIES. PAGE 125 2019-* ORD2019-02 Formatted: Highlight AA BB. stipulation of seventy (70) feet or oes not apply. OUTDOOR STORAGE of PUBLIC utility -related equipment. PIPELINES - DOMESTIC WATER in accordance with Division 6 of Article II of this Chapter. CC.Cemetery.Private SCHOOLS. DD. RESIDENTIAL THERAPEUTIC CENTER.RACING FACILITIES. EE. Chapter 23, Article II, Di-visio-n 4 and Chapter 23, Article IV, Division 6 of this Code.REPAIR SERVICE ESTABLISHMENT. FF. BREWERY.RESEARCH LABORATORIES. GG.BREWPUB.RESIDENTIAL THERAPEUTIC CENTERS. HH.D1-STIL LERY. More than the number of SEMI -TRAILERS allowed by right or by permit. II. WINERY. Solid and hazardous waste disposal sites and facilities requiring Certificate of Designation in accordance with Sections 12-8-10 and 23-4-380 of this Code. JJ. TELECOMMUNICATION ANTENNA TOWERS requiring approval of a Use by Special Review. KK.PIPELINE DOMESTIC WATER.TRANSLOADING. LL. SMALL SCALE SOLAR FACILITY. USES similar to the USES listed as permitted as long as the USE complies with the general intent of the Zone District. MM.MEDIUM SCALE SOLAR FACILITY. WIND GENERATORS requiring the issuance of Special Review Permit under Division 6 of Article IV of this Chapter. ,Sec. 23-3-45. Uses allowed by right in subdivisions anc historic townsites. No BUILDING, STRUCTURE or land shall be USED, and no BUILDING or STRUCTURE shall - hereafter be erected, structurally altered, enlarged or maintained in the A (Agricultural) Zone District in SUBDIVISIONS or HISTORIC TOWNSITES except for one (1) or more of the following USES. A. ANIMAL BOARDING and animal TRAINING FACILITIES where the maximum number ofa ANIMAL UNITS permitted in Section 23-3-70.D below is not exceeded and traffic to and from the facility does not exceed sixty (60) daily trips. B. CAMPING", FISHING, HUNTING, and noncommercial WATER SKIING._ sheds. C. COUNTY grader sheds grieultu LIVESTOCK - PAGE 126 --protection o n of 2019-* ORD2019-02 ( Formatted: Font: Bold Formatted: Indent: Left: 0", First line: 0.25", Keep lines together fFormatted: Keep lines together 1 Commented [JF44}: Noticed these weren't alphabetical. f Formatted: Highlight Formatted: Highlight o -rc a 'AT.ER K1 ►`►G FARMING and GARDENING including STRUCTURES for storage of agricultural equipment and agricultural products and confinement or protection ^of LIVESTOCK. Converted. oartiajy dismantled, modified, altered or refurbished MANUFACTURED HOMES shall not be utilized as agriculturally exempt BUILDINGS or for the storage of agricultural equipment or agricultural productsor confinement or protection of LIVESTOCK. E. NONCOMMERCIAL TOWERS no taller than seventy (70) feet. (See Section 23-4-895.) F. Police, ambulance, and fire stations or facilities. G. PUBLIC parks. H. PUBLIC SCHOOLS. I. One (1) SINGLE-FAMILY DWELLING and AUXILIARY QUARTERS, FOSTER CARE HOME, or GROUP HOME per LEGAL LOT. J. TELECOMMUNICATIONS ANTENNA TOWERS no taller than thirty-five (35) feet. (See Article IV, Division 10, of this Chapter. K. UTILITY SERVICE FACILITIES. L. Water tanks, agriculture -related. Amend Sec. 23-3-50. - Bulk requiLrernentsAccessonf uses in subdivisions and townsites, The following lists the bulk requirements for the A (Agricultural) Zone DistristThe following BUILDINGS, STRUCTURES and USES shall be allowed in the A (Agricultural) Zone District on LOTS in SUBDIVISIONS and HISTORIC TOWNSITES so long as they are clearly incidental and ACCESSORY town allowed USE -Allowed by Rin t. Note: The combined GROSS FLOOR AREA of all ACCESSORY BUILDINGS constructed after August 25, 1981 on LOTS of less than ten (10; acres in SUBDIVISIONS and HISTORIC TOWNSITES shall not exceed four (4) percent of the total LOT area, except in Regional Urbanization Areas, which shall adhere to RUA development standards. However, in no case shall such an ACCESSORY BUILDING exceed twice the GROSS FLOOR AREA of the principal DWELLING UNIT on the LOT except by VARIANCE. Any ACCESSORY STRUCTURE made nonconforming by application of this Section may be repaired, replaced or restored in total. A. Minimum LOT size: One (1) caregiver of MEDICAL MARIJUANA that is grown and sold pursuant to the provision of Article 43.3, Title 12, C.R.S., and for a purpose authorized by Section 14 of Article XVIII of the Colorado Constitution per LEGAL LOT as per Article VII, Chapter 12, of this Code. I. Irrigated: eighty (80) aer-es--(or is a parcel otherwise recognized as half of a quarter section). 2. Dry: eighty (80) acres (or is a parccl otherwise recog-n-ized as half of a -quarter section). B. Minim -um SETBACK: twenty (20) feet. Fences are not required to comply with the minimum SETBACK and may be located on -the pr-operty line. Fences located on corner lots abutting public rights of way shall not obstruct the view of vehicular traffic at an intersection --One (1) CARGO CONTAINER per LEGAL LOT. C. Minimum OFFSET: three (3) feet, or one (1) foot for each three (3) feet of BUILDING HEIGHT, whichever is greater. Fences are not required to comply -with -the minimum OFFSET and may be located on the property line.OFFICES. PAGE 127 2019-* ORD2019-02 Formatted: Font: Bold Formatted: Font: Formatted: Keep lines together f _ Formatted: Highlight D. Maximum number of ANIMAL UNITS permitted per acre: in accordance with the number s- 90 of this Code. NONCOMMERCIAL JUNKYARD, as long as it is,elosed ENCLOSED within a BUILDING or STRUCTURE or SCREENED from all ADJACENT properties and PUBLIC RIGHTS -OF -WAY in conformance with a SCREENING plan approved by the Department of Planning Services. E. No BUILDING or STRUCTURE, as defined and limited to those occupancies listed as Groups A, B, E, F, H, I, M and R in Section 302.1 of the 2012 International Building Code, shall be constructed within a two -hundred -foot r ithin a one hundred fifty foot radius o _ _ or abandoned from the terms of this Chapter in accordance with Subsection 23 6 10.C. of this Chapter. Parking areas and parking STRUCTURES, not including parking of COMMERCIAL VEHICLES. F. Landscape and/or screenin LOTS and land uses. STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3-3045. G. A ccordance with Section 23 2 160.IJ.6. WIND GENERATORS allowed as ACCESSORY USES in Section 23-4-450 of this Chapter. Sec. 23-3-55. Uses allowed by permit in subdivisions and historic townsites. No USE listed in this Section shall commence construction or operation in the A (Agricultural)4- Zone District on LOTS in SUBDIVISIONS and HISTORIC TOWNSITES without prior approval of a land use permit from the Department of Planning Services or Department of Public Health and Environment, as applicable. A. AGRITAINMENT, agriculture -related EVENT FACILITIES, AGRITOURISM, and HUNTING LODGES permitted under Division 17 of Article IV of this Chapter. B. BED AND BREAKFAST FACILITIES permitted under Division 17 of Article IV of this Chapter. C. BREW PUBS, BREWERIES, DISTILLERIES, and WINERIES permitted under Division 17 of Article IV of this Chapter. D. Parking of one (1; COMMERCIAL VEHICLE per LEGAL LOT permitted under Division 12 of Article IV of this Chapter. E. COMMUNITY BUILDINGS permitted under Division 17 of Article IV of this Chapter. F. CONTRACTOR'S SHOPS permitted under Division 17 of Article IV of this Chapter. G. Farm equipment sales, repair and installation facilities permitted under Division 17 of Article IV of this Chapter. H. Golf courses permitted under Division 17 of Article IV of this Chapter. I. HOME OCCUPATIONS permitted under Division 13 of Article IV of this Chapter. J. Keeping between five (5) and eight (8: HOUSEHOLD PETS of one (1; species, or between eight (8) and sixteen (16) HOUSEHOLD PETS of two (2; or more species and, in addition, up to thirty (30) birds, permitted under Division 17 of Article IV of this Chapter. K. MANUFACTURED HOMES and STRUCTURES permitted under Division 3 of Article IV of this Chapter. PAGE 128 2019-* ORD2019-02 Formatted: Highlight Formatted: Highlight Formatted: Font: Bold Formatted: Indent: Left: 0", First line: 0.25", Keep lines together Formatted: Keep lines together L. NONCOMMERCIAL TOWERS between seventy (70) and one hundred thirty (130) feet in height permitted under Section 23-4-895. M. OIL AND GAS FACILITIES permitted under Division 10 of Article II of this Chapter. N . PIPELINES - NATURAL GAS or PIPELINES - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS permitted under Division 11 of Article II of this Chapter. O. RECREATIONAL FACILITIES, PUBLIC and PRIVATE, permitted under Division 17 of Article IV of this Chapter. P . One (1) SEMI -TRAILER USED as ACCESSORY storage per LEGAL LOT permitted under Division 11 of Article IV of this Chapter. Q. SHOOTING RANGES permitted under Division 17 of Article IV of this Chapter. R. SMALL SCALE SOLAR FACILITIES permitted under Division 17 of Article IV of this Chapter. S . TELECOMMUNICATIONS ANTENNA TOWERS between thirty-five (35) and seventy (70) feet in height permitted under Division 10 of Article IV of this Chapter. T. TEMPORARY seasonal USES permitted under Division 7 of Article IV of this Chapter. U . Veterinary clinics or animal hospitals permitted under Division 17 of Article IV of this Chapter. V. WIND GENERATORS requiring a zoning permit under Division 6 of Article IV of this Chapter. Amend Sec. 23-3-60. Uses by special review in subdivisions.A-1 (Conceit -rated --Animal) Zone --Dist G: The following BUILDINGS , STRUCTURES and USES may be constructed, occupied, operated and maintained on LOTS in SUBDIVISIONS in the A (Agricultural) Zone District upon approval of a Special Review Permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. A. ACCESSORY BUILDINGS with GROSS FLOOR AREA larger than four (4) percent of the total LOT area, as detailed in Section 23 3 2501above. _ B. AGRICULTURAL PRODUCTION. C. ANIMAL BOARDING and animal TRAINING FACILITIES where the maximum number of ANIMAL UNITS permitted in Section 23-3-70.D below is exceeded or traffic to and from the facility exceeds sixty (60) daily trips. D. CAMPGROUNDS. E. More than one (1) CARGO CONTAINER. F. CEMETERIES. G. CHILD CARE CENTERS. H. CHURCHES. I. COMMERCIAL RECREATIONAL FACILITIES PAGE 129 2019-k ORD2019-02 Formatted: Font: Not Bold Commented [JF45]: My typo: Formatted: Font: Not Bold, Highlight J Formatted: Highlight Formatted: Font: Not Bold 33 J. COMMERCIAL rodeos and COMMERCIAL roping arenas. K. Disposal of DOMESTIC SEPTAGE permitted under Chapter 14 of this Code. L. EVENT FACILITIES not agriculture -related. M Keeping, raising or boarding of EXOTIC ANIMALS. N . Grain, seed, feed, and fertilizer retail and wholesale sales. O. HOME BUSINESSES. P . LIVESTOCK salebarns. O. KENNELS. R. ORGANIC FERTILIZER PRODUCTION/COMPOSTING FACILITIES. S. OUTDOOR STORAGE of PUBLIC utility -related equipment. T. Private SCHOOLS. U . REPAIR SERVICE ESTABLISHMENT. V. RESIDENTIAL THERAPEUTIC CENTERS. W. RESTAURANTS. X. One (1) second SINGLE-FAMILY DWELLING per LEGAL LOT, subject to the provisions of Division 8 of Article IV of this Chapter, of at least -two a-„ -o -half-(2T5) ace., Y. More than the number of SEMI -TRAILERS allowed by right or by permit. Z. USES similar to the USES listed as permitted as long as the USE complies with the general intent of the Zone District. A.AA. WIND GENERATORS requiring the issuance of Special Review Permit under Division 6 of Article IV of this Chapter. A. Intent. The Comprehensi' agriculture. ,ag-r-ioultura-i--i-ndustry and sustain viable agricultural opportunities for the future. 3. Continue the commitre- that would hinder the op u -Fa -1 enterprises. PAGE 130 2019-* ORD2019-02 Formatted: Highlight Commented [JF46}: Another thing I missed. Formatted: Font: Not Bold, Highlight Formatted: Font: Not Bold 1 Formatted: Keep lines together Livestock -Confinement Operations require considerable investment in capital improvements; water, etc. The A 1 (Concentrated Animal) Zone District allows the opportunity for parcels to be fined animal feeding operations. A 1 Zoning provides certainty for triers that a property has been designated foruse---asa livestock confinement operation whi-i-lc providing operations are addressed. B. Uses Allowed by Right. No BU\G, SRUCTURE or anc sia be l,S=J anc no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or eantrated Animal) Zone Di Articles IV and V of this Chapter. 1. Livestock confinement 1 Zoning shall comply with the requirements se: fora i Sect -on 23 -4 350 o tips Coce. A l+vestocK confinement operations in tie A-' (Concentrated Animal) Zone District require a to Plan Review requirements outlined in Article II, Division 3, of this Chapter. 2. Uses listed as uses by right in the UILDINGS, STRUCTURES ACCESS() Sueh-€UILDINGS, STRUCTURES and USES must be designed, constructed and operated bove. USES s :e a owee in incidental—a-nd in conformance with 1. Uses listed as accessory -uses in the A (Agricultural) Zone District. D. Uses by Special Review. 1. Uses listed as Uses by Soecia Review in the A (Agricu tura ) Zone District E. Bulk Requirements. 1. Minimum LOT size: a. Irrigated: One hundred sixty -(1 -6 - section. b. Dry: One _ hundred sixty (160) acres, or a parcel otherwise recognized as a quarter section. 2. Minimum SETBACK: twenty (20 -}-feet. Fences are not required to comply with --the minimum SETBACK and may be located on the property line. Fences located on corner lots abutting pub I i II I I traffic at -,an i ntersectio Livestock Confinement Operations shall be set back a minimu from the nearest existing -residence. 3. Mi HEIGHT, w'iiciever is greater. zences are no. required to comply with the minimum OFFSET and may be located on the property line. Wastewater ponds and manure storage/eampostin offset a minimum of five hundred (500) feet from the neatest -ex: PAGE 131 2019-* ORD2019-02 z. Maximum number of ANIMAL UNITS permitted per acre: In accordance with the number shown in the table associated with the definition of ANIMAL UNITS set -forth -in -Section 23- 1 90 of this Chapter. 5. No BUILDING or STRUCTURE, as defined and limited to these occupancies listed as hundred fifty foot ra or abandoned oil and gas . tank battery or a one hundred -fifty -foot radius of any wellhead shall require a variance within a one uses. 7. All exter Chapter. Sec. 23-3-65. Uses by special review in historic townsites. ,The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained on LOTS in HISTORIC TOWNSITES in the A (Agricultural) Zone District upon approval of a Special Review Permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter., dius of any plugged g --adjacent lots and land e with Paragraph 23 2 160.U.6 of this A. ACCESSORY BUILDINGS with GROSS FLOOR AREA larger than four (4; percent of the total LOT area, as detailed in Section 23-3-32 above. B. AGRICULTURAL PRODUCTION. C. AIRPORTS and AIRSTRIPS, including crop -dusting operations. D. ANIMAL BOARDING and animal TRAINING FACILITIES where the maximum number of ANIMAL UNITS permitted in Section 23-3-70.D below is exceeded or traffic to and from the facility exceeds sixty (60) daily trips. E. CAMPGROUNDS. F. CAR WASHES and gas stations. G. More than one (1) CARGO CONTAINER. H. CEMETERIES. I. CHILD CARE CENTERS. J. CHURCHES. K. COMMERCIAL RECREATIONAL FACILITIES L. COMMERCIAL rodeos and COMMERCIAL roping arenas. M. COMMERCIAL SCHOOLS. PAGE 132 2019-* ORD2019-02 l Formatted: Font: Not Bold Formatted: Highlight Formatted: Font: Not Bold N . Parking of more than the number of COMMERCIAL VEHICLES allowed by right or by permit. O. CUSTOM MEAT PROCESSING. P . Disposal of DOMESTIC SEPTAGE permitted under Chapter 14 of this Code. O. EVENT FACILITIES not agriculture -related. R. Keeping, raising or boarding of EXOTIC ANIMALS. S . FUNERAL HOMES or mortuaries. T. Grain, seed, feed, and fertilizer retail and wholesale sales. U . HELIPORTS. V. HOME BUSINESSES. W. HOTELS/MOTELS. X. LANDSCAPING COMPANIES. Y. LIVESTOCK salebarns. Z. LUMBERYARDS/WOODWORKING. AA.KENNELS. BB.NIGHTCLUBS, BARS, LOUNGES OR TAVERNS. CC. ORGANIC FERTILIZER PRODUCTION/COMPOSTING FACILITIES. DD. OUTDOOR STORAGE of PUBLIC utility -related equipment. EE.Private SCHOOLS. FF. REPAIR SERVICE ESTABLISHMENT. GG. RESIDENTIAL THERAPEUTIC CENTERS. HH. RESTAURANTS. II. RETAIUSERVICE ESTABLISHMENT. JJ. One (1) second SINGLE-FAMILY DWELLING per LEGAL LOT, sub ect to the provisions of Division 8 of Article IV of this Chapter,-af-at4east two and one hats{ ' acres KK.More than the number of SEMI -TRAILERS allowed by right or by permit. LL. TRANSLOADING. PAGE 133 2019-* ORD2019-02 Formatted: Font: Not Bold, Highlight Formatted: Font: Not Bold MM. USES similar to the USES listed as permitted as long as the USE complies with the general intent of the Zone District. NN. WIND GENERATORS requiring the issuance of Special Review Permit under Division 6 of Article IV of this Chapter. Sec. 23-3-70. Bulk requirements. „The following lists the bulk requirements for the A (Agricultural; Zone District. Land in the A (Agricultural; Zone District is sub ect to the requirements contained in this Section. A. Minimum LOT size: 1. Irrigated: eighty (80) acres (or is a parcel otherwise recognized as half of a quarter section). 2. Dry: eighty (80) acres (or is a parcel otherwise recognized as half of a quarter section). 3. LOTS less than eighty (80) acres in size: a. Within an HISTORIC TOWNSITE, as defined in Sec. 23-1-90 of this Code; b. Created prior to September 20, 1961; c. Created in compliance with the Weld County Subdivision Regulations; d. Created in compliance with the Weld County Subdivision Ordinance, Weld County Ordinance 173; or e. Created in compliance with Chapter 24 of the V\feld County Code. B. Minimum SETBACK: twenty (20) feet. Roadside stands shall be located not less than fifty (50) feet from any PUBLIC RIGHT-OF-WAY. C. Minimum OFFSET: three (3) feet, or one (1) foot for each three (3) feet of BUILDING HEIGHT, whichever is greater. D. Maximum number of ANIMAL UNITS permitted per acre: in accordance with the number shown in the table associated with the definition of ANIMAL UNITS set forth in Section 23-1- 90 of this Code. The maximum number of HOUSEHOLD PETS per LOT shall be four (4) HOUSEHOLD PETS of one (1; species or a total of seven 7) HOUSEHOLD PETS of two (2) or more species, except that on a LOT of at least ten (10) acres and not in a SUBDIVISION or HISTORIC TOWNSITE the owner or occupant shall be permitted to keep or maintain up to eight (8) HOUSEHOLD PETS of one (1) species or sixteen (16) HOUSEHOLD PETS of two (2) or more species, and up to thirty (30) birds. E. No occupied BUILDING or STRUCTURE shall be constructed within two -hundred (200 feet of any TANK BATTERY, within one hundred -fifty (150) feet of any oil and gas wellhead or within twenty-five (25) feet of any plugged or abandoned oil and gas well. PAGE 134 2019-* ORD2019-02 4 Q ( Formatted: Font: Not Bold Formatted: Indent: Left: 0.25" Formatted: Indent: Left: 0.5", Hanging: 0.25" F. Sources of light shall be shielded so that beams or rays of light will not shine directly onto ADJACENT properties. Neither the direct nor reflected light from any light source may create a traffic hazard to operators of motor vehicles on PUBLIC or private STREETS/ROADS. No colored lights may be used which may be confused with or construed as traffic control devices. Division 2 - Residential Zone Districts Sec. 23-3-100. Intent. The R-1, R-2, R-3, R-4 and R-5 Residential Zone Districts are intended to provide the presenter and future residents of the COUNTY with areas in which to locate and establish a variety of residential land USES and land USES that are compatible with residential areas. The Residential Zone Districts are intended to-betypically located in County Urban Growth Boundaries, Urban Development Nodes, Regional Urbanization Areas or other areas where adequate services and infrastructure are currently available or reasonably obtainable., designed —and developed —in a manner that is compatible with Chapter 22 of this Code and the adopted master plans of affected municipalities. ,Sec. 23-3-105. Water and sewer requirements. A. For all R Zone Districts, all USES requiring water on LEGAL LOTS created prior to August 25,a 1981 shall provide evidence that an adequate source of water and an adequate sewage disposal system are available prior to the issuance of a building permit. The sewage disposal system shall comply with the On -Site Wastewater Treatment System regulations contained in Chapter 30 of this Code or shall be served by PUBLIC SEWER service. LEGAL LOTS created prior to August 25, 1981, but later combined to form a larger LOT shall be considered as having been created prior to said date for the purpose of this section. B. USES requiring water on all other LOTS in R Zone Districts shall be served by PUBLIC WATER from a water district or municipality and PUBLIC SEWER service. Amend Sec. 23-3-110. R-1 (Low -Density Residential) Zone District. 4 A. Intent. The purpose of the R-1 Zone District is to provide areas in the-COUNTYpredominantly4 for suburban -scale SINGLE-FAMILY residential USE that are located, designed and developed in compliance with Chap -ter 22the applicable requirements of this Code -and the adopted MASTER PLANS of affected muntc-i I-ities. The R-1 Zone District is also intended to accommodate nonresidential land USES that are both -ACCESSORY to andor compatible with residential Uses Allowed by Right in the Zone Dist-r-ictUSES. This Zone District may serve as a transition between E and R-2 Zone Districts and should be located such that driveways will be located on low -traffic, local PUBLIC or private STREETS/ROADS or ALLEYS. B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be USED, and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the R-1 Zone District except for one (1) or more of the following USES. Land in the -R 1 Zone District must be USED in compliance with the bulk r-equirements contained in Section 23-3- 60; -b iow—USES within -the -R-1 Zone District a re--spa-b}eet to the addition -al requirements contained-in-Ailticles Ind V of this Chapter. PAGE 135 2019-* ORD2019-02 Formatted: Keep lines together ( Formatted: Font: Bold Formatted: Indent: First line: 0", Keep lines together Formatted: Indent: Left: 0", Hanging: 0.25", Keep lines together Formatted: Widow/Orphan control, Keep lines together [Formatted: Font: Bold 1 Formatted: Keep lines together 1 LING per LEGAL LOT, said gI !GLE-FAMILY DWELLING shall be connecte h is -r to any LEGAL LOT created prior to the WATER SKIING. 2. PUBLIC parks and PUBL -FISHING and noncommercial C recreation areas.GARDENING. 3. One (1) NONCOMMERCIAL TOWER up to forty (40) feet in height per LEGAL LOT. (See Section 23-4-895.) 4. Police and fire stations or facilities.PUBLIC parks. 5. UTILITY SERVICE FACILITIES.PUBLIC SCHOOLS. 6. One (1) SINGLE-FAMILY DWELLING, FOSTER CARE HOME, or GROUP HOME FACILITY per LEGAL LOT. 7. FOSTER CARE HOME.UTILITY SERVICE FACILITIES. Delete 8. thru 10.a. OT, said 4. LOT created prior to the original effective date of this Chapter (August 25, 1981). 9. IL AND GAS FACILITIES. 49. ,Plana n g application a . OIL AND GAS FACILITY shall b oroceeures set forth in Artic NATURAL GAS. D e .ssioners in accordance with the Division 10, of this Chapter. E PETROLEUM PRODUCTS OTHER THAN+ a—L P-Req-aired. No PIPELINE NATURAL GAS or PIPELINE PETROLEUM PRODUCTS - OTHER 6 pplication procedures set fe-h in Division 11, of this Chapter. C. Uses ,allowed by -Right -subject to the -requirement of Site Plan Review. The following USES shall be allowed in the R-1 Zone District following approval and recording of a Site Plan in accordance with Article II, Division 3, of this Chapter. 1. CHURCHES. 2. COMMUNITY BUILDINGS. 3. Golf courses. 4. Police, ambulance, and fire stations or facilities. 5. Private SCHOOLS. 6. RECREATIONAL FACILITIES, PUBLIC and PRIVATE. PAGE 136 2019-" ORD2019-02 4 - Formatted: list1, Indent Left: 0.25", Keep lines together Formatted: Keep lines together Formatted: list1, Indent: Left: 0.25", Keep lines %together Formatted: Keep lines together Formatted: Highlight Formatted: Indent: Left: 0.25", Hanging: 0.25", Keep lines together Accessory Uses. The _ following BUILDINGS, STRUCTURES and USES shall be -allowed in4 Allowed -b -y Right in the R 1 Zone District. Such BUILDINGS, -STRUCTURES and USES must be designed, constructed an +-n Section 23 3 160 below.. ACCESSORY USES within the R 1 Zone District are also subject to -the additional requirements contained—+o—Articl s —I- and this Ch awn e combined GROSS FLOOR AREA of all ACCESSORY BUILDINGS constructed after the ecorded or to adoption of any regulations controlling subdivisions of less than ten (10) acres shall not exceed four percent (4%) of the total lot area, except wren a greater percentage is a owecpursuant to covenants or homeowners association rules, and except in Regions! Urbanization Areas (RUA), which shall adhere to RUA deveto-pmen: s:ancares.-owever, sn no case sia sLc1 an accessory b-u+lding exceed twice the -gross- (floor area of the primary residence on the lot except --by variance. Any acccrsory structure made nonconforming by application of this Section may be repaired, replaced or -restored in total. d parking areas. 2. Swimming pools, tennis courts and similar RECREATIONAL FACILITIES. 3. SIGNS, in accordance with the provisions of Article IV, Division 2 of this Chapter. 4. HOME OCCUPATIONpermissible form of HOME OCCUPATIONS avowed4n-aEli-Re-sl-d-e-ntial Zone Districts and -shall -comply with -Section 23- 1 90 of this Chapter. 5. Storage of those vehicles, or parts thereof, which are defined in Section 42 12 101, C.R.S., and are SCREENED; and -/or -the storage of no more than two (2) vehicles which, regardless of theer conc. son anc/or c assn ca:'on as J =RE _ CT VE- C_=S, -lave bgen operated at any time during --the past one-year period in a sanctioned or sponsored race, derby 0T -event and are SCREENED. 6. Any other STRUCTURE or USE clearly incidental and ACCESSORY to a Use Allowed by Right in the R 1 Zone District. 7. NONCOMMERCIAL TOWER: Q- ( Formatted: Keep lines together Formatted: list°, Indent: Left: 0", First line: 0", Keep lines together D. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed ins - Formatted: Keep lines together the R-1 Zone District so long as they are clearly incidental and ACCESSORY to man allowed USE Allowed by Right. Note: The combined GROSS FLOOR AREA of all ACCESSORY BUILDINGS constructed after the original effective date of this Chapter (August 25, 1981) on LOTS of less than ten (10) acres in SUBDIVISIONS and HISTORIC TOWNSITES shall not exceed four (4) percent of the total LOT area, except in Regional Urbanization Areas (RUA), which shall adhere to RUA development standards. However, in no case shall such an ACCESSORY BUILDING in a SUBDIVISION or HISTORIC TOWNSITE exceed twice the GROSS FLOOR AREA of the principal DWELLING UNIT on the LOT except by VARIANCE. Any ACCESSORY BUILDING made nonconforming by application of this Section may be repaired, replaced or restored in total. 1. Parking areas and parking STRUCTURES, not including parking of COMMERCIAL* - VEHICLES. 2. STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3- 110.B, not including CARGO CONTAINERS. PAGE 137 2019-* ORD2019-02 Formatted: Highlight Formatted: Indent: Left: 0.25", Keep lines together 3. Swimming pools, tennis courts and similar ACCESSORY USES and STRUCTURES. 4. WIND GENERATORS allowed as ACCESSORY USES in Section 23-4-450 of this Chapter. Uses by Specia constructed, occupied, operated and maintained in the R 1 Zone permit in cord-ance-withhe-requi Harts urest set-fc rttr_ -._.-_ ____.�____--- I---- this Chapter. 1. HOSPIT, 3. Private SCHOOLS. 4. CHURCH. 5. PRIVATE RECREATIONAL FACILITIES. --O �ORGAS 'ROJUCON FAC ES. 7. ACCESSOR total lot area, as detailed in Subparagrap 0 regulations controlling subdivisions. 8. CHILD CARE CENTER. 9. CEMETERY. 10. RESIDENTIAL THERAPEUTIC CENTER. 11. PIPELINE DOMESTIC WATER. a E. Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or operation in the R-1 Zone District without prior approval of a land use permit from the Department of Planning Services. 1. HOME OCCUPATIONS - CLASS I permitted under Division 13 of Article IV of this Chapter. 2. One (1) NONCOMMERCIAL TOWER between forty (40) and seventy (70) feet in height per LEGAL LOT permitted under Section 23-4-895. 3. OIL AND GAS FACILITIES permitted under Division 10 of Article lI of this Chapter. 4. PIPELINES - NATURAL GAS or PIPELINES - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS permitted under Division 11 of Article II of this Chapter. 5. WIND GENERATORS requiring a zoning permit under Division 6 of Article IV of this Chapter. F. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be4 constructed, occupied, operated and maintained in the R-1 Zone District upon approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. 1. ACCESSORY BUILDINGS with a GROSS FLOOR AREA larger than four (4) percent ofs the total LOT area, as detailed in Subparagraph D above. 2. BED AND BREAKFAST FACILITIES. 3. CEMETERIES. PAGE 138 2019-* ORD2019-02 i Formatted: Keep lines together Formatted: listO, Indent: Left: 0", Keep lines together Formatted: Keep lines together ( Formatted: Indent: Left: 0.25", Keep lines together Formatted: Keep lines together ( Formatted: Indent: Left: 0.25", Keep lines together 4. CHILD CARE CENTERS. 5. HOSPITALS, nursing homes, rehabilitation centers. 6. PIPELINES - DOMESTIC WATER in accordance with Division 6 of Article II of this Chapter. 7. RESIDENTIAL THERAPEUTIC CENTERS. 8. USES similar to the USES listed as permitted as long as the USE complies with the general intent of the Zone District. 9. WIND GENERATORS requiring the issuance of Special Review Permit under Division 6Q of Article IV of this Chapter. Amend Sec. 23-3-120. R-2 (Duplex Residential) Zone District. A. Intent. The purpose of the R-2 Zone District is to provide areas in the COUNTY for DUPLEX residential USES that are located, designed and developed in compliance with Chapter 22the applicable requirements of this Code —and the adopted MASTER PLANS of affected municipalities. The R-2 Zone District is also intended to accommodate nonresidential land USES that are both ACCESSORY to a-n4or compatible with residential USESUses Allowed by Right in the Zone District. This Zone District may serve as a transition between R-1 and R- 3 or R-4 Zone Districts and should be located such that driveways will be located on low - traffic, LOCAL PUBLIC or private STREETS or ALLEYS. B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be used and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the R-2 Zone District except for one (1) or more of the following USES. Land in the R 2 Zone District must be-tr D-i--eor-rice-with-the bulk requirements contained in Section 23 160 below. USES within the -R 2 Zone Di -strict -are also subject to the additional requirements contained -in Articles IV -and nd V of this Gh-a-pter. 1. FISHING and noncommercial WATER SKIING. 2. GARDENING. 3. One (1) NONCOMMERCIAL TOWER up to forty (40) feet in height per LEGAL LOT. (See Section 23-4-895.) 4. PUBLIC parks 5. PUBLIC SCHOOLS 6. One ;1) SINGLE-FAMILY DWELLING, DUPLEX DWELLING, FOSTER CARE HOME, or GROUP HOME FACILITY per LEGAL LOT. 7. UTILITY SERVICE FACILITIES. 1. USES listed -as uses bye right in the R 1 Zone District 2. DUPLEX DWELLING UNIT. Said DWELLING UNITS shall be connected to and served by a PUBLIC WATER system and a PUBL C SEWER system. This requirement coes not apply to any LEGAL LOT created prior to the original effective date of this Chapter (August 25, 1981). 3. —PUBLIC parks -and PUBLIC recreation areas, - /1. PUBLIC SCHOOLS. 5. Police and fire stations or facilities. PAGE 139 2019-* ORD2019-02 ( Formatted: list°, Keep lines together Formatted: Widow/Orphan control, Keep lines together ( Formatted: Keep lines together ***************** START HERE***************** C. Uses,Aallovved by Right subject to the -requirement of Site Plan Review. The following USES4 shall be allowed in the R-2 Zone District following approval and recording of a Site Plan in accordance with Article II, Division 3, of this Chapter. AUSES allowed- an -R view in d in Section 23 3 160, below. USES within the R 2 Zone District are subject to the additional requirements -contained in Articles IV and V of this Chapter, as applicable. 1. CHURCHES. 4 2. COMMUNITY BUILDINGS. 3. Golf courses. 4. Police, ambulance, and fire stations or facilities. 5. Private SCHOOLS. 6. RECREATIONAL FACILITIES, PUBLIC and PRIVATE. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed--in4 the R 2 Zone District so long as they are clearly incidental and ACCESSORY to the Uses Allowed by Right in the R 2 Zone District. Such BUILDINGS, STRUCTURES and USES -must be designed, constructed -aid operated in conformance with the bulk requirements contained in Section 23 3 160 below. ACCE to the additional requirements contained in A-rt4 original effective date o controlling subdivisions of less than ten (10) -acres shall not exceed four -percent -(4%) -of the total lot area, except in the Regional Urbanization Area (RUA), which shall adhere to RUA development standards. H-owe-ver, ic-no case shall -such an accessory building exceed twice the gross floor arca of the primary residence on the lot except by variance. Any -accessory structure made no--n-can this c coon, ma,y be-,epai i re laced --or restored in total. 1. USES listed as ACCESSORY USES in the R 1 Zone District. 4 D. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed ina the R-2 Zone District so long as they are clearly incidental and ACCESSORY to tan allowed USE -Allowed— Ri t. Note: The combined GROSS FLOOR AREA of all ACCESSORY BUILDINGS constructed after the original effective date of this Chapter ;August 25, 1981; on LOTS of less than ten (10, acres in SUBDIVISIONS and HISTORIC TOWNSITES shall not exceed four (4) percent of the total LOT area, except in Regional Urbanization Areas (RUA), which shall adhere to RUA development standards. However, in no case shall such an ACCESSORY BUILDING in a SUBDIVISION or HISTORIC TOWNSITE exceed twice the GROSS FLOOR AREA of the principal DWELLING UNIT on the LOT except by VARIANCE. Any ACCESSORY BUILDING made nonconforming by application of this Section may be repaired, replaced or restored in total. 1. Parking areas and parking STRUCTURES, not including parking of COMMERCIAL4 VEHICLES. PAGE 140 2019-* ORD2019-02 f _ L i Formatted: Keep lines together Formatted: Highlight Formatted: Highlight Formatted: Indent: Left: 0.25", Keep lines together Formatted: Keep lines together f • Formatted: list°, Indent: Left: 0", Keep lines together Formatted: Keep lines together 1 Formatted: Highlight Formatted: Indent: Left: 0.25", Keep lines together 2. STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3- 120.B, not including CARGO CONTAINERS. 3. Swimming pools, tennis courts and similar ACCESSORY USES and STRUCTURES. 4. WIND GENERATORS allowed as ACCESSORY USES in Section 23-4-450 of this Chapter. Uses by Special Review. T -he following BUILDINGS, STRUCTURES and USES may bei constructed; occupied, operated-and--main-ta-i-ned-in-t-h-e-R 2 Zone -District upon approval of a permit in accordance with the requirements and procedures set forth in Article I!, Division 4. E. Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or operation in the R-2 Zone District without prior approval of a land use permit from the Department of Planning Services. 1. HOME OCCUPATIONS - CLASS I permitted under Division 13 of Article IV of this Chapter.a 2. One (1) NONCOMMERCIAL TOWER per LEGAL LOT between forty (40) and seventy (70) feet in height per LEGAL LOT permitted under Section 23-4-895. 3. OIL AND GAS FACILITIES permitted under Division 10 of Article II of this Chapter. 4. PIPELINES - NATURAL GAS or PIPELINES - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS permitted under Division 11 of Article II of this Chapter. 5. WIND GENERATORS requiring a zoning permit under Division 6 of Article IV of this Chapter. F. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be -4 constructed, occupied, operated and maintained in the R-2 Zone District upon approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. 1. ACCESSORY BUILDINGS with a GROSS FLOOR AREA larger than four (4; percent ofa the total LOT area, as detailed in Subparagraph D above. 2. CEMETERIES. 3. CHILD CARE CENTERS. 4. HOSPITALS, nursing homes, rehabilitation centers. 5. PIPELINES - DOMESTIC WATER in accordance with Division 6 of Article II of this Chapter. 6. RESIDENTIAL THERAPEUTIC CENTERS. 7. USES similar to the USES listed as permitted as long as the USE complies with the general intent of the Zone District. 8. WIND GENERATORS requiring the issuance of Special Review Permit under Division 64 of Article IV of this Chapter. Amend Sec. 23-3-130. R-3 (Medium -Density Residential) Zone District. PAGE 141 2019-* ORD2019-02 4 Formatted: Keep lines together ( Formatted: Indent: Left: 0.25", Keep lines together J Formatted: Keep lines together ( Formatted: Indent: Left: 0.25", Keep lines together ( Formatted: list0, Keep lines together Formatted: Widow/Orphan control, Keep lines together A. Intent. The purpose of the R-3 Zone District is to provide areas in the --COUNTY fora mediumhigher density residential uses that are located, designed and developed in compliance with Chapter 22the applicable requirements of this Code and the adopted MASTER PLANS of affectec municiaa ities. The R-3 Zone District is also intended to accommodate nonresidential land USES that are both -ACCESSORY to andor compatible with residential USES.s�es iget -floe- r e Dom• • . This Zone District may serve as a transition between COMMERCIAL Zone Districts and R-1 or R-2 Zone Districts and should be located in urban or urbanizing areas where schools and COMMERCIAL services are available. B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be used, and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the R-3 Zone District except for one (1) or more of the following USES. Land in the R 3 Zone District -must be USED in compliance with the bulk requirements contained -in tion 23 3 - ' 6C a: :Is Ar..c e. USES w.:tin -ge R 3 Zone District are also subject to the additional requirements contained in--Articles-IV and V of this-Ghaptec. 1. DUPLEX DWELLINGS. 2. FISHING and noncommercial WATER SKIING. 3. FOSTER CARE HOMES. 4. GARDENING. 5. GROUP HOME FACILITIES. 6. One (1) NONCOMMERCIAL TOWER up to forty (40' feet in height per LEGAL LOT. (See Section 23-4-895.) 7. PUBLIC parks 8. PUBLIC SCHOOLS 9. UTILITY SERVICE FACILITIES. 1. Attached DWELLING UNITS of two (2) or more-b-ut not more than six (6) DWELLING UNITS per LEGAL LOT Saic DWE__ \IG i„N s^a be connecpea to -and served by a P-UBLIC WATER system and a PUBLIC SEWER system. This requirement does not-a-p7p1y f this Chapter (August 25, 1--98 -) . 2. PUBLIC parks and PUBLIC recreation areas. 3. PUBLIC SCHOOLS. 4. Police and fire stations or facilities. 5. UTILITY SERVICE FAO 6. GROUP HOME FACILITY. 7. FOSTER CARE HOME. ES. 8 --PIPELINE NATURAL GAS or PIPELINE PETROLEUM PRODUCTS OTHER THAN NATURAL GAS. PAGE 142 2019-* ORD2019-02 4- 4 i • Formatted: Keep lines to gether ( Formatted: Indent: Left: 0.25", Keep lines together Formatted: Keep lines together 1 ( Formatted: Indent: Left: 0.25", Keep lines together Formatted: Keep lines together a. LAP Required. No PIPELINE NATURAL GAS or PIPELINE PETROLEUM PRODUCTS OTHER THAN \ATLRAL GAS sla be cove oDec in tie R 3 (Medium Den-sity Residential) Zone District until a LAP has been issued by the Department of Planning Services or tie Bearo of County Commiss4onors in accordance with the application procedures set forth in Division 11, of this-Cfaapt-e-r. C. Uses Aallowed by -Right -subject to the requirement of Site Plan Review. The following USES shall be allowed in the R-3 Zone District following approval and recording of a Site Plan in accordance with Article II, Division 3, of this Chapter. USES allowed by Site Plan Review in the -R-3 Zone District shall comply with the bulk requirements contained in Section 23 3 160, below. USES within the R 3 Zone District are sub ect to the additional requirements contained in Articles IV -and V of this Chapter, as applicable. 1. CHURCHES. 2. COMMUNITY BUILDINGS. 4 3. Golf courses. 4. Police, ambulance, and fire stations or facilities. 5. Private SCHOOLS. 6. RECREATIONAL FACILITIES, PUBLIC and PRIVATE. 7. TRIPLEX DWELLINGS and MULTIFAMILY DWELLINGS with up to six (6) DWELLING UNITS per STRUCTURE. Accessory Uses. S—S-TRLC ORES anc, USES sia I be a owed ins - the R 3 Zone District so long as they are clearly incidental and ACCESSORY to the Uses Allowed by Ri operated in conformance will tie bu z rec uirements container. in Section 23 3 160 below. ACCESSORY USES wth-n-the R 3 Zone District are also subject to the additional requirements contained in Articles IV and V of this Chapter. Note: The combined GROSS FLOOR AREA of all ACCESSORY BUILDINGS constructed after the original effective date of this Chapter (August 25, 1981) on LOTS in an approved or recorded subdivision o at or LOTS part of a map or p ^ +led prior to adoption of any regulations contro ing subcivisions O2 ess Ilan ten (' 0) acres shall not -exceed four percent (4%) of the total lot area,, except in the Regiona Uraanization Area (RUA), wiic'i s -all adhere to RUA development standarcs. -owever, in no case sia such an accessory bui ding exceed twice the -gross floor area of the -primary residence on the lot except by variance. Any accessory structure made n restored in total. 1. USES listed as ACCESSORY USES in the R 1 Zone District PAGE 143 2019-* ORD2019-02 Formatted: Highlight 1 Formatted: Highlight Formatted: Indent: Left: 0.25", Keep lines together Formatted: Keep lines together Formatted: Iist0, Indent: Left: 0", Keep lines together D. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in - the R-3 Zone District so long as they are clearly incidental and ACCESSORY to man allowed USE Allo wed--y-Riqht. Note: The combined GROSS FLOOR AREA of all ACCESSORY BUILDINGS constructed after the original effective date of this Chapter (August 25, 1981) on LOTS of less than ten (10) acres in SUBDIVISIONS and HISTORIC TOWNSITES shall not exceed four (4) percent of the total LOT area, except in Regional Urbanization Areas (RUA), which shall adhere to RUA development standards. However, in no case shall such an ACCESSORY BUILDING in a SUBDIVISION or HISTORIC TOWNSITE exceed twice the GROSS FLOOR AREA of the principal DWELLING UNIT on the LOT except by VARIANCE. Any ACCESSORY BUILDING made nonconforming by application of this Section may be repaired, replaced or restored in total. 1. Parking areas and parking STRUCTURES, not including parking of COMMERCIAL -- VEHICLES. 2. STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3- 130.B, not including CARGO CONTAINERS. 3. Swimming pools, tennis courts and similar ACCESSORY USES and STRUCTURES. 4. WIND GENERATORS allowed as ACCESSORY USES in Section 23-4-450 of this Chapter. constructed, occuoiec, operatec anc main :wine permit in accordance with the requirements and procedures set forth in Article II, Division Aa of this Chapter. 1. Uses listed as uses by special review for the R 1 Zone District. E. Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or operation in the R-3 Zone District without prior approval of a land use permit from the Department of Planning Services. 1. HOME OCCUPATIONS - CLASS I permitted under Division 13 of Article IV of this Chapter. - 2. One (1) NONCOMMERCIAL TOWER between forty (40) and seventy (70) feet in height per LEGAL LOT permitted under Section 23-4-895. 3. OIL AND GAS FACILITIES permitted under Division 10 of Article II of this Chapter. 4. PIPELINES - NATURAL GAS or PIPELINES - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS permitted under Division 11 of Article II of this Chapter. 5. WIND GENERATORS requiring a zoning permit under Division 6 of Article IV of this Chapter. F. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be* constructed, occupied, operated and maintained in the R-3 Zone District upon approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. 1. ACCESSORY BUILDINGS with a GROSS FLOOR AREA larger than four (4) percent of* the total LOT area, as detailed in Subparagraph D above. 2. CEMETERIES. 3. CHILD CARE CENTERS. 4. HOSPITALS, nursing homes, rehabilitation centers. PAGE 144 2019-* ORD2019-02 Formatted: Keep lines together Formatted: Highlight Formatted: Indent: Left: 0.25", Keep lines together Formatted: Keep lines together 1 Formatted: Indent: Left: 0.25", Keep lines together IFormatted: Keep lines together [Formatted: Indent: Left: 0.25", Keep lines together J 5. PIPELINES - DOMESTIC WATER in accordance with Division 6 of Article II of this Chapter. 6. RESIDENTIAL THERAPEUTIC CENTERS. 7. USES similar to the USES listed as permitted as long as the USE complies with the general intent of the Zone District. 8. WIND GENERATORS requiring the issuance of Special Review Permit under Division 6i of Article IV of this Chapter. Amend Sec. 23-3-140. R-4 (High -Density Residential) Zone District. 4 A. No area of the COUNTY shall be rezoned to the R-4 Zone District after July 25, 2019. Intent.! The purpose of -the R Zone District is to provide areas in the -COUNTY for high -density residential USES that are located, designed and developed in compliance with Chapter 22 of this-Gode- l-fhe- adopted-MASTER-PLAN-S-of-affected-mun-ici-palities. The -R -4 -Zone District is also intended to accommodate nonresidential land USES that are both ACCESSORY to a-nd-compatible-with residential Uses Allowed by Right in the Zone District. B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be USED, and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the R-4 Zone District except for one (1) or more of the following USES. Land in the R 4 Zone District must -be -used -in compkance with the bulk -requirements contained in Section 23 3 160 below. USES within the R 4 Zone District are also subject to the additional requirements ----contained in-A-rticles IV and V of this Chapter. 1. DUPLEX DWELLINGS. 2. FISHING and noncommercial WATER SKIING. 3. FOSTER CARE HOMES. 4. GARDENING. 5. GROUP HOME FACILITIES. 6. One '1; NONCOMMERCIAL TOWER up to forty (40) feet in height per LEGAL LOT. (See Section 23-4-895.) 7. PUBLIC parks 8. PUBLIC SCHOOLS 9. UTILITY SERVICE FACILITIES. 1. DWELLING UNIT STRUCTURES of two (2) or more UNITS per LEGAL —LOT. Said DWELLING UNITS shall be connected to and served by a PUBLIC WATER system and a PUB -L -1 -G -SEAR system. This -requirement does -not apply-to-a-ny-LEGAL-L0T-created prior to the original effective date of this Chapter (August 25, 1981). 2. PUBLIC parks and PUBLIC recreation areas. 3 PUBLIC schools. 4. Police and fire stations or facilities. 5.: —UTILITY SERVICE FACILITIES. 6. GROUP HOME FACILITY. 7. FOSTER CARE HOME. PAGE 145 2019-* ORD2019-02 Formatted: listO, Keep lines together Formatted: Widow/Orphan control, Keep lines together f Formatted: Keep lines together 8. PIPELINE NATURAL GAS or PIPELINE PETROLEUM PRODUCTS OTHER THAN NATURAL GAS. PRODUCTS OTHER THAN NATURAL GAS shall be developed in the R 4 (High Planni application procedures set forth in Division 11, of this Chapter. C. Uses Aallowed by Right subject to the requirement of Site Plan Review. The following USES shall be allowed in the R-4 Zone District following approval and recording of a Site Plan in accordance with Article II, Division 3, of this Chapter.,Review in the R 4 Zone District shall comply with the bulk requirements contained in Section 23 3 160, below. USES within theme -4 -Zone District are subject to the additional requirements containe-d 1. CHURCHES. 2. COMMUNITY BUILDINGS. 3. Golf courses. 4. Police, ambulance, and fire stations or facilities. 5. Private SCHOOLS. 6. RECREATIONAL FACILITIES, PUBLIC and PRIVATE. 7. TRIPLEX DWELLINGS and MULTIFAMILY DWELLINGS. Acc Allowed by Right in the R.4 Zone District. Such BUILDINGS, STRUCTURES and USES must 7 and ACCESSORY to the Uses in —Section 2-3 3 160 below. ACCESSORY USES -within the R 4 Zone District shall also be subject to additional requirements contained in Articles IV and V of this Chapter. Note: The combines GROSS = _OO R AREA o: a ACCESSORY BU _DINGS constructed after the original effective date of this Chapter (August 25, development standards. However, in no case sl-- lI scan accessory "- 1 ---- __�_-_-_ �_.. -- the gross floor area of the primary residence on the lot excep structure made nonconforming by application of this Section may -be repaired, replaced or restored in total. USES listed as ACCESSORY USES in �e R Zone District. PAGE 146 2019-* ORD2019-02 4- 4 - Formatted: Highlight 1 Formatted: Highlight Formatted: Indent: Left: 0.25", Keep lines together • Formatted: Keep lines together J Formatted: listO, Indent: Left: 0", Keep lines together D. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed ini- the R-4 Zone District so long as they are clearly incidental and ACCESSORY to,an allowed USE Allowed-- ,r- R ght. Note: The combined GROSS FLOOR AREA of all ACCESSORY BUILDINGS constructed after the original effective date of this Chapter (August 25, 1981) on LOTS of less than ten (10) acres in SUBDIVISIONS and HISTORIC TOWNSITES shall not exceed four (4) percent of the total LOT area, except in Regional Urbanization Areas (RUA), which shall adhere to RUA development standards. However, in no case shall such an ACCESSORY BUILDING in a SUBDIVISION or HISTORIC TOWNSITE exceed twice the GROSS FLOOR AREA of the principal DWELLING UNIT on the LOT except by VARIANCE. Any ACCESSORY BUILDING made nonconforming by application of this Section may be repaired, replaced or restored in total. 1. Parking areas and parking STRUCTURES, not including parking of COMMERCIAL VEHICLES. 2._ STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3- 1120.V140.Bl, not including CARGO CONTAINERS. 3. Swimming pools, tennis courts and similar ACCESSORY USES and STRUCTURES. 4. WIND GENERATORS allowed as ACCESSORY USES in Section 23-4-450 of this Chapter. Uses by Special Review. The following BUILDINGS, STRUCTURES anc LSES may be constructed, occupied, operated -and maintained in the R-4 Zone District upon approval of a permit in accordance with the recuirement-sad---procedures-set forth in Aic!e II, Division 4 Of this Chap -ter. 1. USES listed as Use -s by Special Review for the R 1 Zone District. E_ Uses Allowed by Permit. No USE listed in this Subsection shall commence construction ors operation in the R-4 Zone District without prior approval of a land use permit from the Department of Planning Services. 1. HOME OCCUPATIONS - CLASS I permitted under Division 13 of Article IV of this Chapter.* 2. One (1) NONCOMMERCIAL TOWER between forty (40) and seventy (70) feet in height per LEGAL LOT permitted under Section 23-4-895. 3. OIL AND GAS FACILITIES permitted under Division 10 of Article II of this Chapter. 4. PIPELINES - NATURAL GAS or PIPELINES - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS permitted under Division 11 of Article II of this Chapter. 5. WIND GENERATORS requiring a zoning permit under Division 6 of Article IV of this Chapter. Site Plan -Review Required. No land, BUILDING or STRUCTURE shall be USED, charged -in USE or type of occupancy, DEVELOPED, erected, constructec, reconstructec, movec or structurally altered -or operated in the RA Zone District until a Site Plan Review has been approved by the Department of Planning Services. It shall be necessary that the applicant in the R-4 Zone District certify and state that the district requirements that are applicable to the DEVELOPIVE \T anc, USE of property zoned R-7 iave Peen or sia be comp iec, wit i according to tbe-i to Article II, Division 3 of this Chapter. This shall be accomplished pplication process - PAGE 147 2019-* ORD2019-02 4 - Formatted: Keep lines together Formatted: Highlight [commented PF47.] Another typo of mine. Formatted: Highlight Formatted: listO, Indent: Left: 0", Keep lines together Formatted: Keep lines together [Formatted: Indent Left: 0.25", Keep lines together 1 Formatted: Keep lines together F. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained in the R-4 Zone District upon approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. 1. ACCESSORY BUILDINGS with a GROSS FLOOR AREA larger than four (4) percent of@ the total LOT area, as detailed in Subparagraph D above. 7. CEMETERIES. 3. CHILD CARE CENTERS. 4. HOSPITALS, nursing homes, rehabilitation centers. 5. PIPELINES - DOMESTIC WATER in accordance with Division 6 of Article II of this Chapter. 6. RESIDENTIAL THERAPEUTIC CENTERS. 7. USES similar to the USES listed as permitted as long as the USE complies with the general intent of the Zone District. 8. WIND GENERATORS requiring the issuance of Special Review Permit under Division 6 of Article IV of this Chapter. Amend Sec. 23-3-150. R-5 (MobileManufactured Home Residential) Zone District. f - A. Intent. The purpose of the R-5 Zone District is to provide areas in the COUNTY for MOBILE HOMES USED for single-family and ,DUPLEX residential occupancy. These areas are intended to be located, designed and developed in compliance with Chapter 22the applicable requirements of this Code anc tie PIASTER PLANS of affectec municiDa ities. The R-5 Zone District is also intended to accommodate nonresidential land usesUSES that are both ACCESSORY to a -or compatible with residential USES allowed by right in the Zone District. B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be USED, and no BUILDING or STRUCTURE shall be hereafter erected, structurally altered, enlarged or maintained in the R-5 Zone District, except for one (1) or more of the following USES. Land in the R 5 Zone District must be USED in como lance witi tie bulk requirements contained in Section 23 3 160 below. USES within the R 5 Zone District are subject to the additional requirements contained in Aric es V anc V of tiis Ciaoter. 1 FISHING and noncommercial WATER SKIING. 2. GARDENING. 3. One (1) NONCOMMERCIAL TOWER up to forty (40: feet in height per LEGAL LOT. (See Section 23-4-895.) 4. PUBLIC parks 5. PUBLIC SCHOOLS 6. One (1) SINGLE-FAMILY DWELLING, DUPLEX DWELLING, FOSTER CARE HOME, or GROUP HOME FACILITY per LEGAL LOT. 7. UTILITY SERVICE FACILITIES. PAGE 148 2019-* ORD2019-02 4 Formatted: Indent: Left: 0.25", Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together Commented [JF48]: Should have been CAPS. Formatted: Highlight Formatted: Indent: Left: 0.25", Hanging: 0.25", Line spacing: 1.5 lines, Widow/Orphan control, Keep lines together 1. One (1) MOBILE HOME, MANUFACTURED HOME or SINGLE FAMILY DWELLING per EGA —he MOBILE HOME, M NUI II I I I I III or S -GLE =AV _Y DWELLING shall be connected to and served by a PUBLIC WATER -system and a PUBLIC ofi -final effective date of this Chapter (August -2-5, 198-1). 2. PUBLIC parks and PUBL C recreation areas. 3. PUBLIC schools. 4. Police and fire stations or facility. PRIEM 6. GROUP HOME FACILITY. 7. FOSTER CARE HOME. 8. PIPELINE NATURAL GAS or PIPELINE PETROLEUM PRODUCTS OTHER THAN NATURAL GAS. a LAP Required. No PIPELINE NATURAL GAS --or PIPELINE PETROLEUM PRODUCTS OTHER THAN NATURAL GAS shall be developed in the R 5 (Mobile Home Residential) Zone District until a LAP has been issued by the Department of P anning Services or tie Boarc of County Commissioners in accorcance wit-i tic applicati Division 11, of this Chapter. C. Uses Aallowed by Right sub ect to requires en Site Plan Review. The following USES shall be allowed in the R-5 Zone District following approval and recording of a Site Plan in accordance with Article II, Division 3, of this Chapter. , the -R 5 Zone District shall comply with the bulk requirements contained in Section 23 3 160L below. USES within the R 5 Zone District are subject to the additiona1icements contained in Articles IV and V of this -Chapter, as applicable. 1. CHURCHES. 2. COMMUNITY BUILDINGS. 3. Golf courses. 4. Police, ambulance, and fire stations or facilities. 5. Private SCHOOLS. 6. RECREATIONAL FACILITIES, PUBLIC and PRIVATE. PAGE 149 2019-* ORD2019-02 ( Formatted: Keep lines together Formatted: Highlight ( Formatted: Highlight Accessory Uses. The following -BUILDINGS, STRUCTURES and USES -snail be allowed in Allowed by Right in the -R 5 Zone -Di -strict. Such BU -I -DINGS, STRUCTURES and -USES must be cesignec, constructec anc ooeratea in conformance witi the bulk requirements contained in Section 23 3 160 below. ACCESSORY USES within the R-5 Zone District are also subject to the additional requirements contained in Articles IV and V of this Chapter. Note: The combinec GROSS 7_OOR AREA o= a ACCESSORY BL _D \GS constructed after the original effective date of this Chapter (August 25, 1981 -)-on LOTS in an approved or recorded su contro ing subdivisions of css tan ten (1 0) acres sia not exceed four percent (A%) of the to-ta-I-o area, e-xcept in the Regiona Urbanization Area (RUA), which slat! adhere to RUA development standards. However, in no case shall such an accessory building exceed twice the gross floor area of the primary residence on the lot except by variance. Arm -accessory structure made -nonconforming by application of this Subsection may be repaired, replaced or restored in total. 1. USES listed as ACCESSORY USES in the R 1 Zone District. 4 D. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in4 the R-5 Zone District so long as they are clearly incidental and ACCESSORY to Lan allowed USE -Allow ht. Note: The combined GROSS FLOOR AREA of all ACCESSORY BUILDINGS constructed after the original effective date of this Chapter (August 25, 1981) on LOTS of less than ten (10) acres in SUBDIVISIONS and HISTORIC TOWNSITES shall not exceed four (4) percent of the total LOT area, except in Regional Urbanization Areas (RUA), which shall adhere to RUA development standards. However, in no case shall such an ACCESSORY BUILDING in a SUBDIVISION or HISTORIC TOWNSITE exceed twice the GROSS FLOOR AREA of the principal DWELLING UNIT on the LOT except by VARIANCE. Any ACCESSORY BUILDING made nonconforming by application of this Section may be repaired, replaced or restored in total. 1. Parking areas and parking STRUCTURES, not including parking of COMMERCIAL VEHICLES. 2. STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3- z4-2-0150 Bi not including CARGO CONTAINERS. 3. Swimming pools, tennis courts and similar ACCESSORY USES and STRUCTURES. 4. WIND GENERATORS allowed as ACCESSORY USES in Section 23-4-450 of this Chapter. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES -may be constructed, occupied, operated and maintained in the R 5 Zone District upon approval of a permit in-acconlance-wit-h-the-requirernants and -procedures set forth in Article 11-,--Div-is-ion-4-of this Chapter. 1. USES listed as Uses by Special Review -$o-r the R 1 Zone-District, 4 ,E. Uses Allowed by Permit. No USE listed in this Subsection shall commence construction ora operation in the R-5 Zone District without prior approval of a land use permit from the Department of Planning Services. 1. HOME OCCUPATIONS - CLASS I permitted under Division 13 of Article IV of this Chapter. - 2. One '1) NONCOMMERCIAL TOWER between forty (40) and seventy (70) feet in height per LEGAL LOT permitted under Section 23-4-895. PAGE 150 2019-* ORD2019-02 Formatted: list0, Indent: Left: 0", Keep lines together Formatted: Keep lines together ( Formatted: Highlight Commented [JF49]: Typo Formatted: Highlight Formatted: list0, Indent: Left: 0", Keep lines together ) Formatted: Font: Not Bold Formatted: Justified, Indent: Left: 0", Hanging: 0.25", Line spacing: single, Widow/Orphan control, Keep lines together Formatted: Justified, Line spacing: single, Widow/Orphan control, Keep lines together 3. OIL AND GAS FACILITIES permitted under Division 10 of Article II of this Chapter. PIPELINES - NATURAL GAS or PIPELINES - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS permitted under Division 11 of Article II of this Chapter. 5. WIND GENERATORS requiring a zoning permit under Division 6 of Article IV of this Chapter. F. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may bea constructed, occupied, operated and maintained in the R-5 Zone District upon approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. 1. ACCESSORY BUILDINGS with a GROSS FLOOR AREA larger than four (4) percent ofa the total LOT area, as detailed in Subparagraph D above. 2. CEMETERIES. 3. CHILD CARE CENTERS. 4. HOSPITALS, nursing homes, rehabilitation centers. 5. PIPELINES - DOMESTIC WATER in accordance with Division 6 of Article II of this Chapter. 6. RESIDENTIAL THERAPEUTIC CENTERS. 7. USES similar to the USES listed as permitted as long as the USE complies with the general intent of the Zone District. 8. WIND GENERATORS requiring the issuance of Special Review Permit under Division 6 of Article IV of this Chapter. Amend Sec. 23-3-160. Bulk requirements. The following Tables -2-3.4 and 23.25 below lists the Bulk Requirements for the R-1, R-2, R-* 3, R-4 and R-5 Zone Districts. All BUILDINGS, STRUCTURES, USES, and land in the Residential Zone Districts are sub'ect to the requirements contained in this Section. Table 23.42 Bulk Requirements for R-1, R-2, R-3= and R-4, and R-5 Zone Districts Section I Requirement A. Minimum LOT size (sq. ft.) GB. Minimum LOT area per residential STRUCTURE (sq. ft) - Minimum LOT areau-nft per DWELLING UNIT (sq. ft.) R-1 R-2 R-3 R-4 6,000 6,000 7 6,000 6,000 6,000 6,000 1 PAGE 151 4,500- 4,500 E 3,000 3,000 3,000 1,500 R-5 6.000 3, 000 -4 L. 2019-k ORD2019-02 Formatted: Justified, Indent: Left: 0", Hanging: 0.25", Line spacing: single, Widow/Orphan control, Keep lines together Formatted: Justified, Line spacing: single, Widow/Orphan control, Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Line spacing: single, Widow/Orphan control, Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Space After 0 pt, Line spacing: single, Widow/Orphan control, Keep lines together C. D. E. F. G. H. fi Minimum LOT width Minimum SETBACK (feet) Minimum OFFSET (feet). Fenc9s are not required to comply with the mi be located on the property line Maximum BUILDING HEIGHT (feet) Maximum LOT coverageCOVERAGE (%) Maximum number of ANIMAL UNITS permitted per LOT Maximum number of HOUSEHOLD PETS per premises 50 20 50 50 20 20 50 50. 20 Five (51 feet, or one (11 foot for each three (31 feet of BUILDING HEIGHT, whichever is greater or zero (0) for attached DWELLING UNITS, where permitted and where located along a party wall meeting the requirements of Chapter 29 of the Weld County Code. 30 50 30 60 30 45 60 70 30 7 60 a 4- . Two (21 per LOT in R-1 Zone Districts Subject to the additional requirements of Section 23-/1 710. ANIMAL UNITS are not permitted in the R-2, R-3, R-4 and R-5 Zone Districts. Up to four (4) of one (1) species or a total of seven (7) of two (2) or more species. Delete Table 23.5 — Bulk Requirements for R-5 Zone District. Section Table -22,5 Bulk eq e for -P 5 Z D' trots Requirement Minimum LOT width (feet) Minimum SETBACK OFFSET (feet) R5 (Mobile Home Perk) - N/A N/A See Note 'below and Subsection L.1 PAGE 152 R-5 (Mobile Home -Suba- 6O0 -0 -- 50 See Note 'below and Subsection L.1 2019-* ORD2019-02 4- 4- -- Formatted: Widow/Orphan control, Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Widow/Orphan control, Keep lines together ( Formatted: Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together 1 -The Mtn O4 -urn —front yard SETI3AC-K—in MOB-ILE HOME PARKS and —MOBILE --HOME SUBDIVISIONS shall be twenty (20) feet. The minimum front yard setback for MOBILE HOME PARKS approved prior to January 257 -1 -9 -78 -,--and MO-B-I-LE—H4OME SUBDIVISIONS approves prior to ,anuary ' , '965, sia be zero (0) :eet. Tie oca:ion in these parks and subdivisions for MOBILE HOMES-sh-a-l-such that -no MOBILE HOME or attached porno -n of a VOB _E HOIV` w' encroaci the neares::rave land or the ADJACENT road, flow line of -the AD-4AOENT roao or -sidewalk ADJACENT -to the -MOBILE -HOME. LJ. Minimum side yard -OFFSETS and SETBACKS minimum rear yard OFFSETfor EXISTING MANUFACTURED HOME PARKS. 1. The side and rear yard OFFSET requirements in MOBILEMANUFACTURED HOME PARKS shall be based on the distance between MOBILEMANUFACTURED HOME units measured from the closest point or edge of the MOBILEMANUFACTURED HOME as follows: a. Ten (10) feet between MOBILEMANUFACTURED HOMES if the units are placed end (width) to end (width). b. Fifteen (15) feet between MOBILEMANUFACTURED HOMES if the units are placed side (length) to side (length). c. Twelve and one half (12.5) feet between MOBILEMANUFACTURED HOMES if the units are placed side (length) to end (width). d. For the purpose of this Subsection, the ends (width) of MOBIL--EMANUFACTURED HOMES that are greater than sixteen (16) feet in width, such as double -wide MOBILEMANUFACTURED HOMES, shall be considered to be sides of the MOBILEMANUFACTURED HOME in measuring distances between MOBILEMANUFACTURED HOME units. e. A MOBILEMANUFACTURED HOME shall have a minimum OFFSET of five (5) feet from the perimeter of the MOBILEMANUFACTURED HOME PARK or from --any ADJACENT property which is not approved to be utilized -far a MOBILE HOME. f. ACCESSORY BUILDINGS and STRUCTURES on the same LOT or space as a MOBILEMANUFACTURED HOME shall have a minimum clearance of ten (10) feet from any STRUCTURE or MOBILEMANUFACTURED HOME on any other LOT or space. Commonly owned or utilized BUILDINGS which are accesser-yACCESSORY to the parkMANUFACTURED HOME PARK site shall have a minimum clearance of ten (10) feet from any other STRUCTURE or MOBILEMANUFACTURED HOME. 2. REPEALED.The side and rear yard OFFSET requirements in the MOBILE HOME SUBDIVISIONS shall be as follows: g. a. The side (length) of a MOBILE HOME shall-be-plat-ed no less than seven and o-rye-haiti (7.5) feet from any rear or side yard LOT -line. b. The end -(width) of a MOBILE HOME shall be -placed no less than five (5) feet from any rear or -side yard LOT-l-ine-- c. For the-p-urpose of this -Subsection, the ends -(width) of MOBILE HOMES that are greater tian sixteen ('6) :eet in wict-i sia be considerea to be sices (engtis) of VOB LE HOMES for the purpose of -measuring offset. PAGE 153 2019-* ORD2019-02 Formatted: List 2, Indent: Left: 0.25", Keep lines together ACCESSO s RY BU NGS and STRUCTURES on the same lot or space as a MOBILE lave minimum side and rear YARD O are ACCESSORY to the subd;visions FSET from the LOT line of ten (10) feet. - MK. No occupied BUILDING or STRUCTURE shall be constructed within a-three-hundred-fifty. (350) feet -foot radius of any OIL AND GAS PRODUCTION FAGILITY or within a -twenty- five (25) feet foot radius of any plugged or abandoned oil and gas well. Any construction within NL. Sources of light shall be shielded so that beams or rays of light will not shine directly onto ADJACENT properties or PUBLIC or private STREETS/ROAD. Neither the direct nor reflected light from any light source may create a traffic hazard to operators of motor vehicles on PUBLIC or private STREETS/ROAD. No colored lights may be used which may be confused with or construed as traffic control devices. AW external lighting shall be designed in accordance with Paragraph 23 2 160.U.6. Sec. 23-3-170. - Farming of undeveloped land. FARMING shall be allowed on any undeveloped land in any R Zone District as long as the maximum number of ANIMAL UNITS per LOT is not exceeded in the R-1 Zone District. No ANIMAL UNITS are permitted in other R Zone Districts. Division 3 - Commercial Zone Districts Amend Sec. 23-3-200. Intent. 4- 4 - The COMMERCIAL Zone Districts are intended to implement the goals and policies of the< COMPREHENSIVE PLAN and promote economic development and job creation by setting aside areas for businesses. These districts have been established to provide for COMMERCIAL areas that meet the needs of COUNTY residents and the traveling public. Attractive, inviting, and well - maintained shops, stores, OFFICES, and other BUILDINGS are characteristics of these districts. The G-1, C-2, G-3 and G 4 COMMERCIAL efficient ares—in wh I services at wholesale or retail. The regulations contained herein have been established so as to provide for COMMERCIAL areas in the OOU ices, without creating adverse effects on surrounding uses or on the area in which the Zone District is established. These regulations are also designed to p welfare of the pres nt and future residents of the C®UNTY. Amend Sec. 23-3-210. C-1 (Neighborhood Commercial) Zone District. A. Intent. The purpose of the C-1 Zone District is to designate areas for activities that provide - convenient goods, services, and compatible USES primarily for the residents of ad'acent NEIGHBORHOODS. When designed properly, development in this district can be located within NEIGHBORHOODS, or serve as a transitional area between properties zoned Residential and properties zoned for more intense USES. establish and preserve areas for activities which provide convenience goods and services primarily —for the residents of a in a manner that minimizes the undesirable impacts of -the allowed commercial USES on the PAGE 154 2019-* ORD2019-02 rFormatted: Keep lines together • Formatted: Widow/Orphan control, Keep lines together Formatted: Justified, Indent: First line: 0.25", Widow/Orphan control, Keep lines together • Formatted: Normal, Justified, Indent: Left: 0", First line: 0", Keep lines together Formatted: Widow/Orphan control, Keep lines together J J J { Formatted: Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be USED and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the C-1 Zone District except for one (1) or more of the following USES listed in this section., which must be conducted in E\ C _OSED BU LD \GS anc in coma Lance witi the performance standards contained in Section 23 3 250, below: No outside ctorageOUTDOOR STORAGE will be is allowed in the C-1 Zone District. USES within the C done District shall also be subject to additional requirements contained in Articles IV and V of this Chapter.. 1 Stores and shops which furnish personal services and merchandise primarily intended for personal, family or household -t r -ea in which the use is located. Individual stores or sho R AREA greater than three thousand (3,000) square feet. Stores and shops in the C 1 Zone District may not have bus-ihess hours during an part, Hof e—per+od-between 10:00 p.m. and 6:00 a.m. Examples of proper stores or shops include: convenience food stores, hardware stores, barber o , stores, dry cleaners and coin -operated laundries.One (1, NONCOMMERCIAL TOWER per LEGAL LOT up to forty (40) feet in height per LEGAL LOT. (See Section 23-4-895.) 2. RESTAURANTS, not inc than -one hundred (100) and not including RESTAURANT operations including the delivery of food or beverages to customers' vehicles on the premises or RESTAURANT operations that are predominantly off -premises consumption in nature.PUBLIC PARKS. 3. PUBLIC SCHOOLS -and PUBLIC SCHOOL extension classes. 4. COMMERCIAL SCHOOLS, limited to indoor instruction.TELECOMMUNICATION ANTENNA TOWERS up to thirty-five (35) feet in height. 5. PUBL C REC P,EAT-OIJA_ FAC LT ES, community BU LD NGS, museums any litrarie-s-UTILITY SERVICE FACILITIES. Delete 6. thru 16.a. 6. Police and fire stations and facilities. 8 three thousand (3,0-00) square feet. SERV C = FAC 9. CHILD CARE CENTER. 10. TEMPORARY seasonal uses, including fruit and vegetable stands, and facilities for the cafe of fireworks and Christmas trees, subject to the permit requirements of Article IV, Division 7 of this Chapter. 11. Massage parlor. 12. Asphalt or concrete batch --plant used temporarily and exclusively for an on site construction project or the completion of a PUBLIC road improvements project. The six- month limitation for this TEMPORARY use may be -extended in six month increments at the discretion of tie Director of P anning Services up to two (2) times, and thereafter by 13. One (1) TELECOMMUNICATION -AN -TEN -NA TOWER subject to the provisions of +cle IV, Division 10 of this Chapter. PAGE 155 2019-* ORD2019-02 14. BREWPUB. 15. OIL AND GAS FACILITIES. a. WOGLA Required. No OIL AND GAS FACILITY shall be -developed in the C-1 Department of Planning Services or the Board of County Commissioners in accordance with the application procedures set forth in Article II, Division 10, of this Chapter. NATURAL GAS. a. LAP Required. No PIPELINE PRODUCT (Neighborhood Commercia NATURAL GAS or PIPELINE PETROLEUM accordance witi tie apo 'cation procecures set forti in Division 11, of this Chapter. C. Uses Aallowed by R subiect to ite Plan Review. The following USES shall be allowed in the C-1 Zone District following approval and recording of a Site Plan in accordance with Article II, Division 3, of this Chapter. Any USE conducted outside of an ENCLOSED BUILDING shall be SCREENED from adjacent PUBLIC RIGHTS -OF -WAY and ADJACENT LOTS in any Zone District other 1-3. 1. BREW PUBS. 2. CAR WASHES and gas stations. 3. CHILD CARE CENTERS. 4. CHURCHES. 5. COMMERCIAL SCHOOLS. 6. COMMUNITY BUILDINGS. 7. CONTRACTOR'S SHOPS. 8. EVENT FACILITIES. 9. Grain, seed, feed, and fertilizer retail and wholesale sales establishments. 10. HOSPITALS, nursing homes, rehabilitation centers. 11. NIGHTCLUBS, BARS, LOUNGES OR TAVERNS. 12. OFFICES. 13. Police, ambulance, and fire stations or facilities. 14. RECREATIONAL FACILITIES, PUBLIC and PRIVATE. 15. RESTAURANTS. 16. RETAIL/SERVICE ESTABLISHMENTS with a total GROSS FLOOR AREA of up to three thousand (3,000) square feet per LEGAL LOT. 17. SCHOOLS, private. PAGE 156 2019-* ORD2019-02 Formatted: Highlight RU -I -L -DI NG. Accessory --Uses. The foil RUCTURES and USES shall be allowed in the C 1 Zone District so long as they are clearly in-cidental and ACCESSORY to the Uses A owec by Rig it. Such BL LD \IGS, STRUCTURES anc USES must be designed, constructed and operated in confor=mance with the performance standards contained in Section 23-3--250 below. ACCESSORY USES within the C-1 Zone District shall also be sjo P-arki-ng areas or STRUCTURES s, customers and company vehicles sow long as such -parking areas are paved and SCREENED -from ADJACENT properties zoned R 1, R 2, R 3, RA or R 5. RUCTURE-S so long as suci -oading areas or STRUCTURES are SCREENED from ADJACENT properties zoned R 1, R 2, R 3, R-4 or R-5. 3. Storage BU LD NGS for materia s usec in tie concuct of tie Use A owee by Rig it so ong as the GROSS FLOOR AREA of the ACCESSORY --BUILDING does -not cause the total GROSS FLOOR AREA of the principal USE and ACCESSORY USE to be larger than permitted for the pri-ncipal USE. /1. One (1) SINGLE FAMILY DWELLIN-G UNIT when USED as living quarters for the proprietor, rating, maintaining or within the PRINCIPAL 5. WIND GENERATORS, which may require the issuance of a Zoning Permit for WIND GENERATOR, as per Chapter 23, Article IV, Division 6 of this Code. 6. TELECOMMUNICATION ANTENNA TOWERS, w-iici recuire :ie issuance of a Zoning Peit for a TELECOMMUNICATION _ ANTENNA TOWER, subject to the provisions of Article 7. NONCOMMERCIAL TOWER. D. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in -4 the C-1 Zone District so long as they are clearly incidental and ACCESSORY to an allowed USE and included on an approved and recorded Site Plan. Any USE conducted outside of an ENCLOSED BUILDING shall be SCREENED from adjacent PUBLIC RIGHTS -OF -WAY and ADJACENT LOTS in any Zone District other 1-3. 1. Loading areas. 2. Parking areas and parking STRUCTURES for USE by employees, customers and company vehicles. 3. One (1) SINGLE-FAMILY DWELLING UNIT when USED as living quarters for the proprietor, employees, caretakers or security personnel responsible for operating, maintaining or guarding the property where such DWELLING UNIT is ENCLOSED within the PRINCIPAL BUILDING. 4. STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3- 210.B, not including CARGO CONTAINERS. 5. WIND GENERATORS allowed as ACCESSORY USES in Section 23-4-450 of this Chapter. PAGE 157 2019-* ORD2019-02 ®. Formatted: list°, Indent: Left: 0", Keep lines together • Formatted: Keep lines together Formatted: Highlight Formatted: Indent: Left: 0.25", Keep lines together Uses by Special Review. The following BUILDING constructed, occupied, operated and ma permit -in accordance with the requirements -and procecures se- forth in Article 'I, Division /I of this Chapter. 1. Private or COMMERCIAL RECREATIONAL FACILITIES. RESTAURANTS with outdoor seating capabi ities, proviced that such outdoor areas are 100). 3. Storage BU _D NGS or materia s USED in tie conduct of the Use Allowed by Right which are larger than otherwise permitted as an ACCESSORY USE in the C 1 Zone District. 4 -1--1;-E-------_-:.____t-, _L.___4.-__�,—in which the USE is located and which do not meet the limitations of the C-1 Zone District for size or hours of operation. 6. OIL OR GAS PRODUCTION FACILITIES. 7. One (1) MOBILE HOME when USED as lying quarters for the proprietor, employees, caretakers or security personnel responsib -e property sub:ect to tie orovisions 0:Section 23 1 220. 8. CEMETERY. 9. RESIDENTIA pea =RAPEUTIC C N E 1-0. WIND GENERATORS requiring the issuance of Use by Special Review Permit, as per Chapter 23, Article II, Division 4 and Chapter 23, Article IV, Division 6 of this Code. \A TOWERS, wiic-n require a Use by Specia Review cle IV, Division 10 of this Chapter. ed 12. PIPELINE DOMESTIC WATER. E. Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or4 operation in the C-1 Zone District without prior approval of a land use permit from the Department of Planning Services. 1. One (1) MANUFACTURED HOME per LEGAL LOT, when USED as living quarters fort caretaker or security personnel responsible for maintaining or guarding the property, permitted under Division 3 of Article IV of this Chapter. 2. One (1) NONCOMMERCIAL TOWER between forty (40) and seventy (70) feet in height per LEGAL LOT permitted under Section 23-4-895. 3. OIL AND GAS FACILITIES permitted under Division 10 of Article II of this Chapter. 4. PIPELINES - NATURAL GAS or PIPELINES - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS permitted under Division 11 of Article II of this Chapter. 5. TELECOMMUNICATIONS ANTENNA TOWERS between thirty-five (35) and seventy (70, feet in height permitted under Division 10 of Article IV of this Chapter. 6. TEMPORARY seasonal USES permitted under Division 7 of Article IV of this Chapter. 7. WIND GENERATORS requiring a zoning permit under Division 6 of Article IV of this Chapter. PAGE 158 2019 ORD2019-02 Formatted: Keep lines together [Formatted: listO, Indent: Left: 0", Keep lines together J Formatted: Keep lines together Formatted: Indent: Left: 0.25", Keep lines together S-ite Plan Review -Required. No land, BUILDING or STRUCTURE shall -be USED, changed ina moved or structurally altered -or-operated in the C-1 Zone District until a Site Plan Review has been approved by the Department of the C-1 Zone District certify and state that the performance standards and district req-uiremen have been or shall be complied with according to the intent of Article II, Division 3 of this dC-1 isted in Subsection D above as Uses by Specia Review in t 1e C in accordance witi tie requirements anc orocecures set forti in Artic Chapter. 1. Commercial towers subject to the provisions of Section 23 4 ma - 2. CHURCH. Zone District shall be e , Division 4 of this F. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be* constructed, occupied, operated and maintained in the C-1 Zone District upon approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. 1. CEMETERIES. 2. Golf courses. 3. HOTELS/MOTELS. 4. KENNELS. 5. Open MINING and processing of minerals. 6. PIPELINE - DOMESTIC WATER in accordance with Division 6 of Article II of this Chapter. 7. RECREATIONAL FACILITIES, COMMERCIAL. 8. RESIDENTIAL THERAPEUTIC CENTERS. 9. TELECOMMUNICATIONS ANTENNA TOWERS over seventy (70) feet in height. 10. USES similar to the USES listed as permitted as long as the USE complies with the general intent of the Zone District. 11. Veterinary clinics or animal hospitals. 12. WIND GENERATORS requiring the issuance of Special Review Permit under Division 6 of Article IV of this Chapter. Performance Stancare Como lance Requirec. A BU LD \GS, STRUCTURES anc an 41 located in the C-1 Zone District shad -be located, designed, used and occupied in such a manner that the design anc opera:ion stancarcs con_ainec in Section 23 3 250 oe ow are met. G. REPEALED.Bulk Requirements. See Section -3 3 250 below7 H. REPEALED. (,See Subsection F.10.)USES similar to the USES listed above, so long as the USE complies with -the -general intent of the C 1 (Neighborhood Commercial) Zone District. PAGE 159 2019-* ORD2019-02 4 Formatted: Keep lines together [Formatted: listO, Indent: Left: 0", Keep lines together ) Formatted: Keep lines together Formatted: Indent: Left: 0.25", Keep lines together 9.. V Formatted: Keep lines together Formatted: Highlight xt Amend Sec. 23-3-220. C-2 (General Commercial) Zone District. 4 A. Intent. The purpose of the C-2 Zone District is to designate areas for more intense, higher traffic, or larger scale USES than the C-1 district. C-2 District properties typically provide ,goods and services to the residents of multiple NEIGHBORHOODS and in close proximity to residential USES. Additionally, the C-2 District provides for the orderly development of those USES necessary to meet the community's social, cultural, medical, institutional, OFFICE, and civic needs. Intent. The purpose of the C 2 Zone District is to establish and preserve areas for activities which pro' located. B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be USED and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the C-2 Zone District except for one (1) or more of the following USES listed in this section., which must be ENCLOSED and conducted in compliance with the performance standards contained in Section 23 3 250, below. No outside storageOUTDOOR STORAGE will be allowed in the C-2 Zone District. LSES w :tn C 2 Zone D.s-rec- sia ago be subject to aditio-nal-requirements contained in Articles IV and V of this Chapter. 1. One (1; NONCOMMERCIAL TOWER up to forty (40) feet in height per LEGAL LOT. (Seems Section 23-4-895.) 2. PUBLIC PARKS. 3. PUBLIC SCHOOLS. 4. TELECOMMUNICATION ANTENNA TOWERS up to thirty-five (35) feet in height. 5. UTILITY SERVICE FACILITIES. 1. Uses -Allowed by Right in the C 1 Zone District 3. RESTAURANTS, including DRIVE-IN RESTAURANTS. '1. NIGHTCLUBS, BARS, LOUNGES and TAVERNS. 5. B RE-W-PU-B- 6 THEATERS, convention --halls and other such facilities and STRUCTURES, private -or PUBLIC, with seating capacities not over one thousand (1,000). 8. OFFICES. 9. Lumberyards, not Encludln storage S .,side shall be permitted so long as the open side is not visible -from the public rights of -way or from surrounding properties. appliances such as radios, television sets, business office machines and household appliances. 11. Private and COMMERCIAL RECREATIONAL FACILITIES. PAGE 160 2019-* ORD2019-02 Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together Formatted: Indent: Left: 0.25", Hanging: 0.25", Keep lines together Formatted: Keep lines together 12. Hospitals, nursing homes and mental or physical -rehabilitation -centers. 13. Mortuaries and FUNERAL HOMES. 14. HOTELS or MOTELS. 15. ADULT BUSINESS, SERVICE or ENTERTAINMENT ESTABLISHMENT- ubj-ect to the provisions of Article IX of this Chapter. 16. One (-1-) microwave, COMMERCIAL radio, television or other communication transmission or re ay tower seventy (70) feet or less in ieight per LOT (measures from grounc eve ) IV, Division 10 of this Chapter. 18. OIL AND GAS FACILITIES. a. WOGLA Required —No OIL AND GAS FACILITY shall —be —developed in the C- 2 {-general Commercial) Zon Department of Pl-aria-ing Services or the Board of County Commissioners in accordance with :ie apo 'cation procedures set forti in Article II, Division 10, of this Chapter. -I-PEt_ NATURAL GAS. lam PETROLEUM PRODUCTS OTHER THAN a. LAP Required. No PIPELINE NATURAL GAS or PIPELINE PETROLEUM PRODUCTS *THER THAN NATURAL GAS shall be developed in the C-2 (General Commercial) Zone District until a LAP haass-been iss ed by +he Depa ment „f Plan Services or tie Boarc of County Commissioners in accordance with the application procedures set forth in Division 11, of this Chapter. C. Uses Aallowed by -Right -subject to the requitement -Of -Site Plan Review. The following USES shall be allowed in the 0-2 Zone District following approval and recording of a Site Plan in accordance with Article II, Division 3, of this Chapter. No OUTDOOR STORAGE will be allowed in the C-2 Zone District. Any USE conducted outside of an ENCLOSED BUILDING shall be SCREENED from adfacent PUBLIC RIGHTS -OF -WAY and ADJACENT LOTS in any Zone District other 1-3. 1. BREW PUBS. 2. CAR WASHES and gas stations. 3. CHILD CARE CENTERS. 4. CHURCHES. 5. COMMERCIAL SCHOOLS. 6. COMMUNITY BUILDINGS. 7. CONTRACTOR'S SHOPS. 8. EVENT FACILITIES. 9. Farm equipment sales, repair, and installation facilities. 10. FUNERAL HOMES and mortuaries. 11. Golf courses. 12. Grain, seed, feed, and fertilizer retail and wholesale sales establishments. PAGE 161 2019-* ORD2019-02 R ( Formatted: Highlight ( Formatted: Indent: Left: 0.25", Keep lines together 13. HOSPITALS, nursing homes, rehabilitation centers. 14. HOTELS/MOTELS. 15. LUMBERYARDS/WOODWORKING. 16. NIGHTCLUBS, BARS, LOUNGES OR TAVERNS. 17. OFFICES. 18. Police, ambulance, and fire stations or facilities. 19. RECREATIONAL FACILITIES, COMMERCIAL, PUBLIC and PRIVATE. 20. REPAIR SERVICE ESTABLISHMENT. 21. RESTAURANTS. 22. RETAIL/SERVICE ESTABLISHMENTS with a total GROSS FLOOR AREA of up to twenty thousand (20,000) square feet per LEGAL LOT. 23. SCHOOLS, private. 24. THEATERS and convention halls. 25. Veterinarian clinics and animal hospitals. 26. VEHICLE RENTAL, SALES, SERVICE and/or REPAIR ESTABLISHMENTS. Accessory Uses. The following BUILDINGS, S—RUC—URES anc USES sia be a owed ina early incidental and ACCESSORY to the USCG Allowed by Right. Such BUILDINGS, STRUCTURES and USES must be designed, constructed and operated in conformance with the performance standards contained in Section 23-3 250 be ow. ACCESSORY USES wi:iin ._le C-2 Zone District shall also be subject to -additional requirements contained in Articles IV and V of this Chapter. 1. Parking ar long as such parking areas are paves and SCREENED from ADJACENT property zoned R - L C-4 or ! 1. Loading areas or STRUCTURES so SCREENED from dire R5,C`1,C4orl1. 3. Storage BUILDINGS for materials USED in the conduct of the Use Allowed by Right. ong as suc oaoing areas or STRUCTURES are edR1,R2_,R3,R4, employees, careta<ers or security personne responsibe for occrating, maintaining or guarding the property where such DWELLING UN T is ENCLOSED witiin tie arincioa building. Permit IV, Division 10 of this Chapter. 7. NONCOMMERCIAL TOWER. e IV, Division 6 of this Code. PAGE 162 s of Article 2019-* ORD2019-02 IFormatted: Keep lines together 1 Formatted: listO, Indent: Left: 0", Keep lines together D. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in* the C-2 Zone District so long as they are clearly incidental and ACCESSORY to on allowed USE Allow&laand included on an approved and recorded Site Plan. Any USE conducted outside of an ENCLOSED BUILDING shall be SCREENED from adjacent PUBLIC RIGHTS -OF -WAY and ADJACENT LOTS in any Zone District other 1-3. 1. Loading areas. 2. Parking areas and parking STRUCTURES for USE by employees, customers and company vehicles. 3. One (1) SINGLE-FAMILY DWELLING UNIT when USED as living quarters for the proprietor, employees, caretakers or security personnel responsible for operating, maintaining or guarding the property where such DWELLING UNIT is ENCLOSED within the PRINCIPAL BUILDING. 4. STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3- 220.B, not including CARGO CONTAINERS. 5. WIND GENERATORS allowed as ACCESSORY USES in Section 23-4-450 of this Chapter. Uses by Special Revi constructed, occupi-ec, oDeratec anc maintainer in tie C 2 Zone Distric permit in accordance with the -requirements of Article II, Division 4 of this Chapter. 1. Microwave, COMMERCIAL radio, television or other communication transmission or relay* towers over seventy (70) feet in height (meal redfroP1^ round level). Commercial towers 2. THEATERS, convention la s anc o thousand (1,000). 3. Gasoline service stations. 4. OIL AND GAS PRODUCTION FACILITIES. 5. One ter suc I taci ies wi seating —capacities over one ees, caretakers o -r —security personnel responsible for operating, maintaining or guar -ding the property subject to the provisions of Section 23 -4 220. 6. CEMETERY. 7 —RESIDENTIAL THERAPEUTIC CENTER. 8. WIND GENERATORS re Chapter 23, Artic e I, Division / and C 9.—ELECOIVWUNICA— ON AN—ENNA TOWERS, wiici require a Use by Special Review Permit, subject to the -provisions of Article IV, Division 10 of this Chapter. 10. PIPELINE DOMESTIC WATER- E. Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or* operation in the C-2 Zone District without prior approval of a land use permit from the Department of Planning Services. 1. One (1) MANUFACTURED HOME per LEGAL LOT, when USED as living quarters for* caretaker or security personnel responsible for maintaining or guarding the property, permitted under Division 3 of Article IV of this Chapter. iapter 23, Artic e V, Division 6 of this Code. * PAGE 163 2019-* ORD2019-02 Formatted: Keep lines together Formatted: Highlight • _ Formatted: Indent: Left: 0.25", Keep lines together Formatted: Keep lines together Formatted: list°, Indent: Left: 0", Keep lines together ( Formatted: Keep lines together J • _ Formatted: Indent: Left: 0.25", Keep lines together 2. One (1) NONCOMMERCIAL TOWER between forty (40) and seventy (70) feet in height per LEGAL LOT permitted under Section 23-4-895. 3. OIL AND GAS FACILITIES permitted under Division 10 of Article II of this Chapter. 4. PIPELINES - NATURAL GAS or PIPELINES - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS permitted under Division 11 of Article II of this Chapter. 5. TELECOMMUNICATIONS ANTENNA TOWERS between thirty-five (35) and seventy (70; feet in height permitted under Division 10 of Article IV of this Chapter. 6. TEMPORARY seasonal USES permitted under Division 7 of Article IV of this Chapter. 7. WIND GENERATORS requiring a zoning permit under Division 6 of Article IV of this Chapter. Site P' USE or type of occupancy, DEVELOPED, erected, constructed, reconstructed, moved or structura y a tered or operatec in tie C 2 Zone District unti a Site P an Review las been approved by - t the C 2 Zone District certify and state that the performance standards and district requirements that are applicable to the DEVELOP have been or shall be complied with according to the intent of Article II, Division 3 of this Chapter. This shall b listed in Subsection D above as Uses by Special Review in the C-2 Zone District shat! be exe in accordance witi tie requirements anc 3rocecures set forti in Artic e , Division 4 of this Chapter. 1. Commercial towers are subject to the provisions of Section 23 4 800. 2. CHURCH. F. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be® constructed, occupied, operated and maintained in the C-2 Zone District upon approval of a permit in accordance with the requirements of Article II, Division 4 of this Chapter. 1 CEMETERIES. 2. KENNELS. 3. Open MINING and processing of minerals. 4. PIPELINE - DOMESTIC WATER in accordance with Division 6 of Article II of this Chapter. 5. RESIDENTIAL THERAPEUTIC CENTERS. 6. TELECOMMUNICATIONS ANTENNA TOWERS over seventy (70) feet in height. 7. USES similar to the USES listed as permitted as long as the USE complies with the general intent of the Zone District. 8. Veterinary clinics or animal hospitals. 9. WIND GENERATORS requiring the issuance of Special Review Permit under Division 6 of Article IV of this Chapter. Perfo-rmance Standard Compliance Required. All BUILDINGS, STRUCTURES and lan8a-- located in the in such a manner that the design anc oaeration standards containec in Section 23-3-250 below are met. PAGE 164 it 2019-* ORD2019-02 d 421 Formatted: Keep lines together { Formatted: list°, Indent: Left: 0", Keep lines together ) Formatted: Keep lines together Formatted: Indent Left: 0.25", Keep lines together J Formatted: Keep lines together G. REPEALED. Bulk Requ1rements. See Section 23- -250)-below. H. REPEALED. ,(See Subsection -F.7.) USES si-milar to the USES --listed above, so -long as the USE complies with the genera! intent of the C 2 -(Ge-neral Commercial) Zone District. Amend Sec. 23-3-230. C-3 (Business Reginal Commercial) Zone District. A. Intent. The purpose of the C-3 Zone District is to designate areas of commerce for the benefit4 of the broader region, such as large-scale regional shopping centers and entertainment districts. C-3 District properties may require large amounts of space or generate high traffic volumes. Properties zoned C-3 are typically located near high -traffic corridors. nten-. Tie purpose of tie C-3 Zone District is to estab isi anc preserve areas for activities which provide goods or services for the benefit of -the general public or which require large amounts of space or high traffic volumes for generating business. The C-3 Zone District shall be located, designee anc ooeratec in a manner that minimizes the uncesirab•e impacts on the area in wh-ioh-they are load. B. Uses Allowed by Right. No BUILDINGS, STRUCTURES or land shall be USED and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the C-3 Zone District except for one (1) or more of the following USES listed in this section. which must be conducted in compliance with performance standards contai-ned in Section 23 3 250, below. USES wi-thin the C 3 Zone Distrt-shall also be subject to additional requirements contained in Articles IV and V of this Chapter. 1. One '1) NONCOMMERCIAL TOWER up to forty (40) feet in height per LEGAL LOT. (Seel Section 23-4-895.) 2. PUBLIC PARKS. 3. PUBLIC SCHOOLS. 4. TELECOMMUNICATION ANTENNA TOWERS up to thirty-five (35) feet in height. 5. UTILITY SERVICE FACILITIES. 1. Uses Allowed by Right in the C 1 Zone District. 2. Uses Allowed by Right in the C 2 Zone District. 3, CHEAT-ERS -convention-halls and other such -facilities. ESTABLISHMENTS. 5. Lumberyards. 6. Warehousing and transfer f-ae-iltties. 7. VEHIC_E SA— -- ve -ides or -equipment. SERVICE/REPAIR for the sale, rental or leasing of new or used 8. VEHIC-LE RENTAL ESTABL4S-HMENTS. 9. WHOLESALE TRADE ESTABLISHMENTS for the sale of merchandise or services at the wholesale level. 10. Equipment or appliance repair shops. 11-. CONTRACTOR'S SHOPS. PAGE 165 2019-* ORD2019-02 4 Formatted: Highlight Formatted: Widow/Orphan control, Keep lines together ( Formatted: Keep lines together 1 Formatted: Indent: Left: 0-25", Hanging: 0.25", Keep lines together Formatted: Keep lines together l a 2. Headquarters or service facilities -for ambulance services, taxi services, bus services a -n 13. COMMERC AL or EMPORARY fad private PARK ies for NG LOTS. he sale o firewor tsan Christmas rees. 15. OUTDOOR STORAGE, when SCREENED from public rights of way and ADJACENT properties. 16. One (1) T 1-7. BREWPUB. 18. OIL AND GAS FACILITIES. a. WOGLA Required. No OIL AND GAS FACILITY shall be developed--in—the C 3 (Business Commercia) Zon- District unti a WOGLA las been issued by the Department of Planning Services or the Board of County Commissioners in accordance with the application procedures set forth in Article II, division 10, of this Chapter. 19. PIPELINE NATURAL GAS er PIPELINE PETROLEUM PRODUCTS OTHER THAN NATURAL GAS. a. LAP Required. No PIPE N \A -L RA _ GAS or PE N _ TROLEUM Commercial) Zone District until a LAP has been issued by the Dep Services or the Board of County Commissioners in accordance with the application procedures set forth in Division 11, of this Chapter. C. UsesAallowed subject to the requirement of Site Plan Review. The following USES shall be allowed in the C-3 Zone District following approval and recording of a Site Plan in accordance with Article II, Division 3, of this Chapter. Any USE conducted outside of an ENCLOSED BUILDING shall be SCREENED from ad'acent PUBLIC RIGHTS -OF -WAY and ADJACENT LOTS in any Zone District other 1-3. 1. AGRICULTURAL PRODUCTION. 2. BREW PUBS, BREWERIES, DISTILLERIES, and WINERIES. 3. CAR WASHES and gas stations. 4. CHILD CARE CENTERS. 5. CHURCHES. 6. COMMERCIAL SCHOOLS. 7. COMMERCIAL STORAGE BUILDINGS. 8. COMMUNITY BUILDINGS. 9. CONTRACTOR'S SHOPS. 10. CUSTOM MEAT PROCESSING. 11. DISTRIBUTION CENTERS. 12. EVENT FACILITIES. 13. Farm equipment sales, repair, and installation facilities. PAGE 166 2019-* ORD2019-02 d Formatted: Highlight Formatted: Indent: Left: 0.25", Keep lines together 14. FUNERAL HOMES and mortuaries. 15. Golf courses. 16. Grain, seed, feed, and fertilizer retail and wholesale sales establishments. 17. Headquarters or service facilities for taxi services, bus services and other services involving the transportation of people. 18. HOSPITALS, nursing homes, rehabilitation centers. 19. HOTELS/MOTELS. 20. INDOOR SHOOTING RANGES. 21. LANDSCAPING COMPANIES. 22. LUMBERYARDS/WOODWORKING. 23. NIGHTCLUBS, BARS, LOUNGES OR TAVERNS. 24. OFFICES. 25. OUTDOOR STORAGE, as long as it is SCREENED from PUBLIC RIGHTS -OF -WAY and all ADJACENT properties. 26. Parking areas and parking STRUCTURES. 27. Police, ambulance, and fire stations or facilities. 28. RECREATIONAL FACILITIES, COMMERCIAL, PUBLIC and PRIVATE. 29. REPAIR SERVICE ESTABLISHMENT. 30. RESTAURANTS. 31. RETAIL/SERVICE ESTABLISHMENTS. 32. SCHOOLS, private. 33. THEATERS and convention halls. 34. VEHICLE RENTAL, SALES, SERVICE and/or REPAIR ESTABLISHMENTS. 35. Veterinarian clinics and animal hospitals. 36. WHOLESALE TRADE ESTABLISHMENTS. Accessory Uses. The following BUILDINGS, STRUCTURES and USES- -hall be allowed - the C 3 Zone District so long as they are -clear y incicenta anc ACCESSORY to tie Lses Allowed by —Right. Such BUILDINGS, STRUCTURES -and USES must be designed, coestructed and operated in conformance with the performance standards contained in Section 23 3 250 -be -lo -w. ACCESSORY USES within the C 3 Zone District sh-all also be subject to additional requirements con:ainec in Artic es V anc V of tiis Cnapter. Parking e -sJ-o-r-ST U C-TURE-S --s7 o loon g- - J u c #- JAREAS are paved a n d SCREENED from ADJACENT properties zoned R 1, R 2, R 3, RA, R 5, C-1, C-2, C 4 a -r 1-1 --L-o-a g --areas Of STRUCTURES se —long as such --areas or STRUCTURES are SCREENED from ADJACENT properties zoned R 1, R 2, R 3, R -21, R 5, C 1, C 2, C -4 or PAGE 167 2019-* ORD2019-02 Formatted: Keep lines together 3. One (1) personnel resporasib of Section 23 4-220. takers or security Ito the provisions r 7 sons of Article IV, Division 10 of this Chapter 6. NONCOMMERCIAL TOWER. D. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in the C-3 Zone District so long as they are clearly incidental and ACCESSORY to ,an allowed USE All and included on an approved and recorded Site Plan. Any USE conducted outside of an ENCLOSED BUILDING shall be SCREENED from adjacent PUBLIC RIGHTS -OF -WAY and ADJACENT LOTS in any Zone District other 1-3. 1. Loading areas. 2. One ('I) SINGLE-FAMILY DWELLING UNIT when USED as living quarters for the proprietor, employees, caretakers or security personnel responsible for operating, maintaining or guarding the property where such DWELLING UNIT is ENCLOSED within the PRINCIPAL BUILDING. 3. STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3- 230.B, not including CARGO CONTAINERS. 4. WIND GENERATORS allowed as ACCESSORY USES in Section 23-4-450 of this Chapter. Uses by Special Review -The following BUILDINGS, STRUCTURES and —USES —may be* constructed, occupied, operated and permit in accordance with the requirements of Article- II,-D+vIs+on 4 of this Chapter. 1. licrowave, COMMERCIAL radio, television or other communication transmission or—rela-y‹ i-a l towers subject to the provisions of Section 23 4-800. 2. U -S -ES listed as Uses Allowed-by-Rig-hti he 11 industrial Zone -District, pr-o-vided-4h-at-the-USE SCRENJENCo-nme-rcial Zone District performance standards-conta4ned in Section 23-3 250 below -,--are met pcior to construction and du -ring operation. 3. OIL AND GAS PRODUCTION FACILITIES. 21. AIRSTRIPS when they -are -ACCESSORY to the Use Allowed by -Rig -h -t 5 --COMMERCIAL JUNKYARD or salvage YA-R-D-- 6. RESEARCH LABORATORY. 7. CEMETERY -- 8. RESIDENTIAL THERAPEUTIC CENTER. 9. WIND GENERATORS requiring the issuance of Use by Special Review —Permit, as PAGE 168 per 2019-* ORD2019-02 Formatted: Highlight { Formatted: Indent: Left: 0.25", Keep lines together Formatted: Keep lines together Formatted: list°, Indent: Left: 0", Keep lines together 10. TELECOMMUNICATION ANTE \ \A TOWERS, wiici require a Use by Special Review Permit, subject to the provisions of Artic e V, Division 10 of this Chapter. 11. PIPELINE DOMESTIC WATER. E. Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or* operation in the C-3 Zone District without prior approval of a land use permit from the Department of Planning Services. 1. One (1) MANUFACTURED HOME per LEGAL LOT, when USED as living quarters fora caretaker or security personnel responsible for maintaining or guarding the property, permitted under Division 3 of Article IV of this Chapter. 2. One (1) NONCOMMERCIAL TOWER between forty (40) and seventy (70) feet in height per LEGAL LOT permitted under Section 23-4-895. 3. OIL AND GAS FACILITIES permitted under Division 10 of Article II of this Chapter. 4. PIPELINES - NATURAL GAS or PIPELINES - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS permitted under Division 11 of Article II of this Chapter. 5. TELECOMMUNICATIONS ANTENNA TOWERS between thirty-five (35) and seventy (70) feet in height permitted under Division 10 of Article IV of this Chapter. 6. TEMPORARY seasonal USES permitted under Division 7 of Article IV of this Chapter. 7. WIND GENERATORS requiring a zoning permit under Division 6 of Article IV of this Chapter. Site Plan Review Requir USE or type of occupancy, DEVELOPED, erected, constructed, reconstructed, moved or str-uctu ra l app -roved by the Department of -Planning Services. It -shall -be -necessary that the -applicant in ti requirements that are applicable to the DEVELOPMENT and USE of property zoned C 3 have been or shat be coma lee witi accorcing to the intent of Artie e , Division 3 of his C is titer. Th+s shall be accomplished th eation process. Uses listed in Subsectio I II I III exempt from the Site Plan Review process and shall make application for approval of a permit in Chapter. 1. CHURCH. F. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be* - constructed, occupied, operated and maintained in the C-3 Zone District upon approval of a permit in accordance with the requirements of Article II, Division 4 of this Chapter. 1. AIRSTRIPS when they are ACCESSORY to the Use Allowed by Right. C Formatted: Indent: Left: 0.25", Keep lines together 2. CEMETERIES. 3. KENNELS. 4. Open MINING and processing of minerals. 5. PIPELINE - DOMESTIC WATER in accordance with Division 6 of Article II of this Chapter. 6. RESIDENTIAL THERAPEUTIC CENTERS. 7. TELECOMMUNICATIONS ANTENNA TOWERS over seventy (70) feet in height. PAGE 169 2019-* ORD2019-02 Formatted: Keep lines together J Formatted: Indent: Left: 0.25", Keep lines together [ Formatted: Keep lines together ( Formatted: listO, Indent: Left: 0", Keep lines together J Formatted: Keep lines together 8. USES similar to the USES listed as permitted as long as the USE complies with the general intent of the Zone District. 9. Veterinary clinics or animal hospitals. 10. WIND GENERATORS requiring the issuance of Special Review Permit under Division 6 of Article IV of this Chapter. located in the C 3 Zone District shall be located, designed, USED and occupied in such a manner that the design and operation standards con_ainec in Sec 'on 23-3-250 be ow are met. G. REPEALED. Performance Standards. H. REPEALED. A{See Subsecti US -E complies with the general intent of the C 3 (Business Commercial) Zone District. Amend Sec. 23-3-240. C-4 (Highway Commercial) Zone District. A. No area of the COUNTY shall be rezoned to the O-4 Zone District after July 25, 2019. areas located with access to MAJOR T traveling public. The CA Zon that does not create problems of traffic access or con= c: anc :hat minimizes the undesirable impacts of tie USES on tie area in wiici tie USES are locates. B. Uses Allowed by Right. No BUILDINGS, STRUCTURES or land shall be USED and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the C-4 Zone District except for one (1) or more of the following USES listed in this section.which must be conducted in conformance with performance standards contained requirements contained 1. One (1) NONCOMMERCIAL TOWER up to forty (40) feet in height per LEGAL LOT. (See -a Section 23-4-895.) 2. PUBLIC PARKS. 3. PUBLIC SCHOOLS. 4. TELECOMMUNICATION ANTENNA TOWERS up to thirty-five (35) feet in height. 5. UTILITY SERVICE FACILITIES. 1. HOTELS and MOTELS. 2. Gasoline stations. 3. RESTAURANTS, including DRIVE IN RESTAURANTS. /I. PUBLIC SCHOOL extension classes. 5. UTILITY SERVICE FACILITIES. 6. Police and fire stations or facilities. 7. TEMPORARY seasonal uses, including fruit and vegetable stands, and facilities for the sale of fireworks and Christmas trees, subject to the permit requirements of Article IV, Division 7 of this Chapter. e essential goods and services to -the C PAGE 170 2019-* ORD2019-02 Formatted: Keep lines together Formatted: Highlight Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together Formatted: Indent: Left: 0.25", Hanging: 0.25", Keep lines together fFormatted: Keep lines together J 8. Asphalt —or concrete batch plant us a —temporarily an clusiv for an on -site construction nrniar t nr +4e nnmr, etinr! of �� Intl C road iyYlr�rrSve-rme is project. The six- month limitatior this EIV-DORARY use may be ex ended in six-month increments at the discretion of the Director of Planning Services ua to two (2) times, ant t-iscsafter by the Board of Co 9. One (1) TELECOMMUNICATION ANTENNA TOWER subject to the provisions of Article IV, Division 10 of this Chapter. 10. BREWPUB. 11. OIL AND -GAS FACILITIES. ACILITY shall be developed in the C '1 cial) Zone District until a VVOGLA has been issued by the Depa-r m t of Planning e $.s --e e --Board of County Commissioners in accordance with the application procedures set forth in Article 11, Division 10, of this Chapter. a-2-P--I-PELINE NATURAL GAS or PIPELINE PETROLEUM PRODUCTS OTHER THAN NATURAL GA -S‘ a- . LAI PRODUCTS OTHER THAN NATURAL GAS shall be developed in the C 4-(14ig4, y Commercial) Zone District until a LAP has been issued by the Department of Planning Services or the B in Division 11, of this Chapter. C. Uses Hallowed subject to the regui ement-of Site Plan Review. The following USES shall be allowed in the C-4 Zone District following approval and recording of a Site Plan in accordance with Article II, Division 3, of this Chapter. Any USE conducted outside of an ENCLOSED BUILDING shall be SCREENED from adjacent PUBLIC RIGHTS -OF -WAY and ADJACENT LOTS in any Zone District other 1-3. 1. BREW PUBS. 2. CAR WASHES and gas stations. 3. CHILD CARE CENTERS. 4. COMMUNITY BUILDINGS. 5. Golf courses. 6. Grain, seed, feed, and fertilizer retail and wholesale sales establishments. 7. HOSPITALS, nursing homes, rehabilitation centers. 8. HOTELS/MOTELS. 9. Police, ambulance, and fire stations or facilities. 10. RESTAURANTS. 11. RETAIL/SERVICE ESTABLISHMENTS with a total GROSS FLOOR AREA of up to three thousand (3,000) square feet per LEGAL LOT. 12. SCHOOLS, private. 13. VEHICLE RENTAL and SALES ESTABLISHMENTS. PAGE 171 2019-* ORD2019-02 Formatted: Highlight Formatted: Indent: Left: 0.25", Keep lines together he following BUILDINGS, STRUCTURES anc LSES sia be a owec in4 the C-4 Zone District so long as they are clearly incicenta anc ACCESSORY to -le Lses Allowed by Right. Such BUILDINGS, S—RUC—UR=S anc USES mus: be designed, constructed and operated in conformance with the performance standards contained in Section 23 3 250 below. ACCESSORY USES wi=lin :le C-' Zone District shall also be 1. Parking areas or ST 1, R2, R3,R-4,R-5,C 1, C2orl-1. Loading areas or STRUCTU S -O a-nywohicleeso4 ,a or STRUCTURES —are R5,C-1•,C2orl1. properties zoned R-1, R 2, R 3, R-4, R-5, C 1, C 2 or 11. 5. Stores and s Right. 7 laundries. 6. Repair garages or shops. 7. One (1) MOBILE HOME when U-SED -as I• -vi c 4 220. 8. WIND GENERATORS, which m GENERATOR, as Der C1aoter 23, Artice 9. TELECOMMUNICATION Permit for a TELECOMMUNICATION ANTE -NN IV, Division 10 of this Chapter, venir shops and coin operated V, Division 6 of this Code. or WIND D. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in* the C-4 Zone District so long as they are clearly incidental and ACCESSORY to man allowed USE Allowed —by Right and included on an approved and recorded Site Plan. Any USE conducted outside of an ENCLOSED BUILDING shall be SCREENED from adracent PUBLIC RIGHTS -OF -WAY and ADJACENT LOTS in any Zone District other 1-3. 1. Loading areas. 2. Parking areas and parking STRUCTURES for USE by employees, customers and company vehicles. 3. OUTDOOR STORAGE, as long as it is SCREENED from PUBLIC RIGHTS -OF -WAY and all ADJACENT properties. 4. REPAIR SERVICE ESTABLISHMENT. 5. STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3- 240.B, not including CARGO CONTAINERS. 6. WIND GENERATORS allowed as ACCESSORY USES in Section 23-4-450 of this Chapter. PAGE 172 2019-* ORD2019-02 d - Formatted: Keep lines together Formatted: listO, Indent: Left: 0", Keep lines together [Formatted: Keep lines together Formatted: Highlight l Formatted: Indent: Left: 0.25", Keep lines together Uses by Special -Rev w -he- lowi BUILDINGS, STRUCTURES and USES may be4 constructed, occupied, operated and maintained in the 0-4 Zone District up -on approval of a permit-a-ccnce with--h-e-requirements of Article II, Division 4 of this Chapter: 1. OIL AND GAS PRODUCTION -FACILITIES. OH-U-RCH. 3. RESIDENTIAL THERAPEUTIC CENTER. W ND GER-EwaTORS refit,'I . i-. Permit, as per Chapter 23, Article II, Division 4 -and Chapter 23, Article IV, Division 6 of this Code. 5. TELECOMMUNICATION ANTENNA TOWERS, which requi Permit, subject -to tie provisions o- Artic e V, Division "0 of his Ciapter. 6. PIPELINE DOMESTIC WATER. d E. Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or* operation in the C-4 Zone District without prior approval of a land use permit from the Department of Planning Services. 1. OIL AND GAS FACILITIES permitted under Division 10 of Article II of this Chapter. 2. PIPELINES - NATURAL GAS or PIPELINES - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS permitted under Division 11 of Article II of this Chapter. 3. One (1) MANUFACTURED HOME per LEGAL LOT, when USED as living quarters for caretakers or security personnel responsible for maintaining or guarding the property, permitted under Division 3 of Article IV of this Chapter. 4. TEMPORARY seasonal USES permitted under Division 7 of Article IV of this Chapter. 5. WIND GENERATORS requiring a zoning permit under Division 6 of Article IV of this Chapter. 6. TELECOMMUNICATIONS ANTENNA TOWERS between thirty-five (35) and seventy (70' feet in height permitted under Division 10 of Article IV of this Chapter. 7. One (1) NONCOMMERCIAL TOWER between forty (40) and seventy (70) feet in height per LEGAL LOT permitted under Section 23-4-895. Site Plan Review Required. No land, BUILDING or STRUCTURE shall be USED, changed in* USE or type of -€occupancy, DEVELOPED, erected, constructed, reconstructed, moved or structurally altered or operated in the CA Zone District until a Site Plan Review has been approved by the Department of Planning Services. It shall be necessary that the applicant in the C -4 Zone District certify and state that the performance standards and district r DEVELOPMENT and USES of property -zoned C 4 havc been or shall be complied with according to the intent of Article II, Division 3 of this Chapter. This s-he4l-be accomplishe h-t-be--Site-Plan Review application process. Uses listed in Subsection D above as Uses by Specia Review in tie C ' Zone District s -ia be exempt from the Site Plan -Review process and shalt -make application for approval ofa-permit in accordance with the requirements and procedures set forth in Article I -I; Division 4 of this Chapter. Commercial towers are subject -to the provisions of Section 23 4 80 -0T - F. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained in the C-4 Zone District upon approval of a permit in accordance with the requirements of Article II, Division 4 of this Chapter. 1. CHURCHES. PAGE 173 2019-* ORD2019-02 ®. Formatted: Keep lines together I Formatted: listO, Indent: Left: 0", Keep lines together [Formatted: Keep lines together ( Formatted: Indent: Left: 0.25", Keep lines together J Formatted: Keep lines together Formatted: Indent: Left: 0.25", Keep lines together I 2. PIPELINE - DOMESTIC WATER in accordance with Division 6 of Article II of this Chapter. 3. RESIDENTIAL THERAPEUTIC CENTERS. 4. TELECOMMUNICATIONS ANTENNA TOWERS over seventy (70) feet in height. 5. USES similar to the USES listed as permitted as long as the USE complies with the general intent of the Zone District. 6. WIND GENERATORS requiring the issuance of Special Review Permit under Division 6 of Article IV of this Chapter. Performance Standard Compliance Requked located in the CA Zone Distri manner that the design and o met, — A BU LD NGS, STRUCTURES and landa Deration standards contained in Section 23.3 250 be G. REPEALED. Bulk Requirements. See Section 23 3 250 below. ow are H. REPEALED. USES similar to the USES listed above, so long as the USE complies with the Amend Sec. 23-3-250. PerfornanoeBulk standards. All BUILDINGS, STRUCTURES, USES, and land located in the Commercial Zone Districts shall be located, designed, USED and occupied in accordance with the design and operation standards requirements enumerated belowin this section. A. Minimum SETBACK: twenty-five (25) feet. Des permit shall certify, according to the intent of Article II, Division 3 of this Chapter, that the e been met. Additionally, the applicant shall certify that the comb lance witi tiese 3erformance stancares shall continue once the USE, B historic flow from the uncle/ designed and operated to release the retained water at a quantity and rate not to exceed the quantity anc rate of a five year storm fa ing on tie unceve.opec site_ 2. Par cing. Sufficient SCR'EN ED, off street, pavea parking areas shat be proviced in he Commercial Zone Districts to meet the requirements of employees, company vehicles, visitor requirements, see Article IV, Division 1 of this Chapter. 3. Street Access. LOTS hi Commercial Zone Districts shall have safe access to an approved MASTER PLAN o' only via the following types of STREETS: ARTERIAL. before intersecting an ARTERIAL. c. FRONTAGE or SERVICE ROAD. PAGE 174 esidential Zone District 2019-* ORD2019-02 4 - - -t Formatted: Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together Formatted: list1, Indent: Left: 0", Keep lines together d. LOCAL, when the LOCAL STREET is internal to -the Commercial Zone District -and -does not serve any Residential Zone District LOTS. e. New accesses to public rights -of way shall be constructed using the minimum standards contained in Table 23.6 below. Designs exceeding these minimums may be required by the Department of Public Works -depending upon the number and type of vehicles generated by the USE proposed. Delete Table 23.6 Minimum Standards for Accesses Table 23.6 Minimum Standards for Access Size of drainage 15 inches structure diameter - Length of drainage structure Depth of cover over pipe 20 feet 12 inches Width of access, 10 feet to 24 variable feet Maximum grade of 15 percent - access F -la -re- radius, 20 feet to 40 variable 'Depth of su-i-ng feet 4 --inches 4 4 a 4 a d d 4 4 f. Acceleration/deceleration lanes shall be provided where required -by -the Dep-artmentQ of Public Works or the Colorado Department of Transportation to provide safe, efficient access to ARTERIAL or COLLECTOR STREETS. 4. Required Yards. a. Se:bac& No USE or ACCESSORY LSE may be •oca-ec c oser -Ian -wen -y-five (25) feet to -the existing or---proposed-fwhish-ever--represe-nts tie--greater-rim--of-way-width) highway or STREET right-of-way. Off-street PARK NG AREAS may be Dermittec in the required SETBACK area -when -the -area is SCREENED -from -direct view of persons on the public rights- of way. Fences over six (6) -feet in height are not required to comply with the minimum -SETBACK and may be -located -an -the property -line. Fences located on -corner LOTS abutting public right -of way shall not obstruct the view of vehicular traffic at -an intersection. PAGE 175 2019-* ORD2019-02 4 Formatted: Keep lines together 1 Formatted: Widow/Orphan control, Keep lines together Formatted: list1, Indent: Left: 0", Hanging: 0.25", Keep lines together Formatted: listl, Left, Indent: Left: 0", Hanging: 0.25", Space After: 0 pt, Line spacing: single, Keep lines together Formatted: listl, Left, Indent: Left: 0", Hanging: 0.25", Space After: 0 pt, Line spacing: single, Keep lines together Formatted: listl, Left, Indent: Left: 0", Hanging: 0.25", Space After: 0 pt, Line spacing: single, Keep lines together Formatted: listl, Left, Indent: Left: 0", Hanging: 0.25", Space After: 0 pt, Line spacing: single, Keep lines together Formatted: listl, Left, Indent: Left: 0", Hanging: 0.25", Space After: 0 pt, Line spacing: single, Keep lines together Formatted: listl, Left, Indent: Left: 0", Hanging: 0.25", Space After: 0 pt, Line spacing: single, Keep lines together Formatted: listl, Left, Indent: Left: 0", Hanging: 0.25", Space After: 0 pt, Line spacing: single, Keep lines together Formatted: Justified, Keep lines together Formatted: Keep lines together b. Offset. No USE or ACCESSORY USE may -be located closer than ten (10) feet to its LOT line. Off street parking areas may be permitted in the required OFFSET area when the area is SCREENED from ADJACENT LOTS zoned R 1, R 2, R 3, R -A or R- 5. Fencos over six (6) feet in height are not required to comply with the minimum OFFSET and may be-located-on-t-h-e-propert e -- c. No BUILDING OR STRUCTURE shall be constructed within a two hundred foot radius of -any tank -battery, within a one hundred fifty-fo in a within —these setbacks shall require a variance from the —terms of this Chapter in accordance with Subsection 23-6-10.C of this Code. 5. Required Landscaped Areas. 0 Zone District shall be covered. Land shall not be deemed covered if it is used for growing grass, shrubs, trees, plants or flowers or if covered by decorative gravel or wood chips, or if it is otherwise suitably LANDSCAPED. b. That portion of a LOT in any Commercial Zone District which abuts a PUBLIC or LANDSCAPED for a distance of ten (10) feet, measured at a right angle from tie LOT ,ine towards the interior of the LOT. Sidewalks and driveways may pass throug i tie required LANDSCAPED areas. 6. Areas USED for t T T prevent wind or animal scattered trash. 7. Water Supply. USES located in the Commercial Zo source of potable water. 8. Sewage Disposal. USES lo sewage disposal facilities. 9. Outside Storage. U -S -Erin Commercial Zone Districts involving outdoor storage —of vehicles, equipment or materials when permitted shall be SCREENED from public rights of -way and all ADJACENT properties. B. Minimum OFFSET: ten (10) feet. Operation Standards. USES in Commercial Zone Districts ocation, layout and design prior to construction and operation Once operational, the operation of tie USES permitted sia conform to tiese standards. Noise. US anc opera C.R.S. ES and STRUCTU =S *n Commercia Zone Districts shall be located, designed.* ed in accordance will tie noise standards as estab isiee in Section 25 '2 '01 2. Air Quality. USES in the Commercial Zone Districts shall be located, designed and operated in accordance witi tie air qua ity stanearcs estab is lee by tie Co oraco Air Po ution Contro Commission. 3. Water Quality. USES in the Commercial Zone —Districts shall be located; designed and Water Quality Control -Commission — PAGE 176 2019-* ORD2019-02 Formatted: list1, Indent: Left: 0", Keep lines together Lk —Radiation and Radioactive Materials. The hand -ling, USE, storage and processing of radioactive materials shall be in accordance with the applicable regulations of the State and the United States government. 5. Heat. USES located within Commercial Zone Districts shall not emit heat in such an amount sufficient to raise the temperature of tie air or of materia s at or beyond tie LOT ine more than five (5) degrees Fahrenheit. 6. Light. Any ligti-ng, including light from high temperature processes such as welding or combustion, shall be designed, located and operated in such as manner as to meet the I not shine directly onto ADJACENT properties; neither the direct nor reflected light from -any light source may create a traffic hazard to operators of motor vehicles on PUBLIC or —Ovate S-T-R€TS; and no colored lights may be used which may be confused with or construed as traffic control devices. 7. Property Maintenance. Prooerty ocatec witiin Commercia Zone Districts sia be maintainec in -such a manner that grasses and weeds arc not -permitted to grow taller than twelve (12) inches. In no event shall the property owners allow the growth of NOXIOUS WEEDS. C. No occupied BUILDING or STRUCTURE shall be constructed within two hundred (200) feet* of any TANK BATTERY, within one hundred fifty (150; feet of any oil and gas wellhead, or within twenty-five (25) feet of any plugged or abandoned oil and gas well. D. Maximum LOT COVERAGE: No more than eighty-five percent (85%) of the total area of a LOT in any Commercial Zone District shall be covered. Division 4 - Industrial Zone Districts Amend Sec. 23-3-300. Intent. 4 4 6 4 :The purpose of the Industrial Zone Districts is to implement the goals and policies of the* COMPREHENSIVE PLAN and provide areas for operation of land USES associated with distribution and warehousing of commodities as well as production, fabrication, manufacturing, assembling, and processing of materials. The Industrial Zone Districts have been established to promote economic development and lob creation; to protect industry from the encroachment of residential and less intense COMMERCIAL USES; to reduce the adverse impacts of industries on surrounding, nonindustrial properties; and to encourage industrial development in areas that are compatible with heavy infrastructure and where necessary utilities are in place or reasonably attainable. The purpose of the Industria Zone Districts is to provice protective zones for -ne- DEVELOPRA-ENT and -operation of tndustri-ai-USES. The -reg1 lati-ons contained herein have been established so as to provide a h althful operating environment for industry; to protect industry from the -encroachment of COMMERCIAL and resident-i-al USES which may be adverse to the operation anc expansion of suci incustry; to protect industries witiin the district from the adverse effect of other, incompatible industries; to —reduce to a minimum -the imp of i-ndustries on surrounding, nonindustrial land USES to prevent detrimental impacts which the future USE or DEVELOPMENT of ADJACENT properties or the general NEIGHBORHOOD as defined in Chapter 22 of this Coda; and to promote the health, safety and general welfare of the precent and future residents of the COUNTY. Amend Sec. 23-3-310. I-1 (Light Industrial) Zone District. PAGE 177 2019-* ORD2019-02 Formatted: Keep lines together Formatted: Widow/Orphan control, Keep lines together 1 Formatted: Justified, Indent: Left: 0", Hanging: 0.25", Widow/Orphan control, Keep lines together Formatted: Normal, Justified, Indent: Left: 0", Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Font: Not Bold Formatted: Justified, Indent: First line: 0.25", Line spacing: single, Widow/Orphan control, Keep lines together CFormatted: Keep lines together Formatted: Widow/Orphan control, Keep lines together A. Intent. The purpose of the I-1 Zone District is to provide a zone to accommodate light industrial and compatible COMMERCIAL USES that create minimal negative impacts and are conducted primarily in ENCLOSED BUILDINGS. I-1 District properties are accessible to the public, consumer -oriented, less resource -intensive than heavy industry, have minimal environmental impacts, and may be located near residential areas if designed properly. Properties zoned I-1 should provide economic development and employment, encourage a balanced, diversified economy, and may serve as a transition between nonindustrial USES and the more intense Industrial Zone Districts. Intent. The purpose of the I 1 Zone District is to provide a zone to accommodate industrial USES which create minimal negative visual impacts. B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be used in the I 1 Zone District, and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the I-1 Zone District; except for one (1) or more of the following USES listed in this section. The USES must be conducted in compliance with the performance standards contained 'n Secc-eons 23 3 340, 23 3-350 ana 23 3 360 of _i s TYv.s.on. 1. Asphalt or concrete batch plants USED TEMPORARILY and exclusively for an on -site construction project or the completion of a PUBLIC STREET/ROAD improvements project. The six-month limitation for this TEMPORARY USE may be extended in six-month increments at the discretion of the Director of Planning Services up to two (2) times, and thereafter by the Board of County Commissioners. 2. COUNTY grader sheds. 3. One (1) NONCOMMERCIAL TOWER up to forty (40) feet in height per LEGAL LOT. (See Section 23-4-895.; 4. PUBLIC PARKS. 5. PUBLIC SCHOOLS. 6. TELECOMMUNICATION ANTENNA TOWERS up to thirty-five (35) feet in height. 7. TEMPORARY borrow pits USED exclusively for the completion of a PUBLIC STREET/ROAD improvement project. 8. UTILITY SERVICE FACILITIES. Any USE of a research, repairing, manufacturing, fabricating, processing, assembling —OP storage nature may be conducted in the 11 Zone District. SCREENING may be required -if USE is not compatib e witi adjacent uses. 2. Areas for parking passenger vehicles, - 3. SIGNS, as long as the SIGNS are located and designed in accordance with -the requirements of Article IV, Division 2 of this Chapter. 4. UTILITY SERVICE FACILITIES. 5. PUBLIC SCHOOL extension classes. PAGE 178 2019-* ORD2019-02 Formatted: Keep lines together Formatted: Justified, Indent: Left: 0.25", Hanging: 0.25", Space Before: 12 pt, After 12 pt, Widow/Orphan control, Keep lines together Formatted: list0, Indent: Left: 0", Keep lines together 6. COMMERCIAL SCHOOLS, limited to indoor instruction. 7. Police and fire stations -or facilities. 8. Disposal of DOMESTIC SEPTAGE subject to the additional requirements of Chapter 1-4; Article VI of this Code. 9. TEVPORARY seasona uses, inc ucing fruit anc vegetab e stanes, anc faci ities for tie sa e of -fireworks and Christmas trees, subject to the permit requirements of Article IV, Division 7 of -this Chapter. 10. Asphalt or concrete batch plant used temporarily and exclusively for an on site construction for his TEMPORARY use may be extencec Director of Planning Services up to two (2; Commissioners in six month increments at the discretion of the 11. One -(1) TELECOMMUNICATION ANTENNA TOWER subject to -the provisions of Article IV, Division 10 of this Chapter. 12. OIL AND GAS FACILITIES. a. WOGLA Required.N-e-OI— X11_ — -I1---_..__ eloped i-n4#e-I 'I (Industrial) Zone District until a WOGLA has been issued by the Department of Pl-anninQ-Services or the Board of County Commissioners in accorcance witi the apa ication procedures set forth in Article II, Division 10, of this Chapter. 13. TRANSLOADING. 14. CHURCH. 15. SMALL SCALE SOLAR FACILITY. 16. PIPELINE NATURAL GAS or P ITURAL GAS. a. LAP Required. No PIPELINE NATURAL GAS or-PIPELINEPETROLEUM PRODUCTS OTHER THAN NATURAL GAS shall be developed in the 11 (Industrial) Zone District until a LAP has been issued by the Department of Planning Services or the Board of County Commissioners in accordance with the application procedures set forth in Division 11, of this Chapter— C. Uses Aallowed by -Right subject to the requirement of -Site Plan Review. The following USES* shall be allowed in the I-1 Zone District following approval and recording of a Site Plan in accordance with Article II, Division 3, of this Chapter. Any USE conducted outside of an ENCLOSED BUILDING shall be SCREENED from ad acent PUBLIC RIGHTS -OF -WAY and ADJACENT LOTS in any Zone District other 1-3. 1. AGRICULTURAL PRODUCTION. 2. Any indoor USE of a manufacturing, fabricating, assembling or warehouse nature. 3. BREW PUBS, BREWERIES, DISTILLERIES, and WINERIES. 4. CAR WASHES and gas stations. 5. COMMERCIAL SCHOOLS. 6. COMMERCIAL STORAGE BUILDINGS. 7. CUSTOM MEAT PROCESSING. PAGE 179 2019-* ORD2019-02 Formatted: Keep lines together Formatted: Highlight Formatted: Indent: Left: 0.25", Keep lines together 8. DISTRIBUTION CENTERS. 9. Farm equipment sales, repair, and installation facilities. 10. FUNERAL HOMES and mortuaries. 11. Golf courses. 12. Grain, seed, feed, and fertilizer retail and wholesale sales establishments. 13. Headquarters or service facilities for taxi services, bus services and other services involving the transportation of people. 14. HELIPORTS. 15. HOTELS/MOTELS. 16. INDOOR SHOOTING RANGES. 17. LANDSCAPING COMPANIES. 18. LUMBERYARDSMIOODWORKING. 19. OFFICES. 20. OUTDOOR STORAGE of PUBLIC utility -related equipment. 21. Police, ambulance, and fire stations or facilities. 22. RECREATIONAL FACILITIES, COMMERCIAL, PUBLIC and PRIVATE. 23. REPAIR SERVICE ESTABLISHMENT. 24. RESTAURANTS. 25. RETAIL/SERVICE ESTABLISHMENTS with a total GROSS FLOOR AREA of up to three thousand (3,000) square feet per LEGAL LOT. 26. SCHOOLS, private. 27. SMALL SCALE SOLAR FACILITY. 28. THEATERS and convention halls. 29. VEHICLE RENTAL, SALES, SERVICE and/or REPAIR ESTABLISHMENTS. 30. Veterinarian clinics and animal hospitals. 31. WHOLESALE TRADE ESTABLISHMENTS. TRUCTURES and USES may be -a -1 -1 -owed in the 11 Zones District so long as they are incidental and ACCESSORY to the Uses Allowed by Right. Such a conformance with the p 23 3 360 below. e Uses Allowed by Right. 3--P-a-ring areas or STRUCTURES for passenger vehie public -rights -of -way or en -ADJACENT --properties. PAGE 180 e weight -less than D from the ADJACENT 2019-* ORD2019-02 4 Formatted: Keep lines together C Formatted: listO, Indent: Left: 0", Keep lines together One (1) MOBILE HOME when USED as living quarters for caretakers or security personnel responsible fo Division 3 of this Chapter --- 5. RECREATIONAL FACILITIES for the I maintenance of the USES allowed en -the -property. 6. Retail sales, when ACCESSORY to USES of manufacturing, fabricating or assembling. die, television or other communication transmission of relay tower seventy (70) feet or less in height per LOT. Commercial towers subject to -the provisions of Section 2-3-4 800,7- 8. WIND GENERATORS, which , Permit for WIND GENERATOR, as per Chapter 23, Article IV, Division 6 of this Code. 9. TELECOMMUNICATION ANTENNA TOWERS, which require the issuance of a Zoning Permit for a TELECOMMUNICATION NNA TO IL ��a �hQ o`4sions of Article IV, Division 10 of this Chapter. 10 NONCOMMERCIAL TOWER. D. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in4 the I-1 Zone District so long as they are clearly incidental and ACCESSORY to on allowed USE Ali i+ ht and included on an approved and recorded Site Plan. Any USE conducted outside of an ENCLOSED BUILDING shall be SCREENED from ad acent PUBLIC RIGHTS -OF -WAY and ADJACENT LOTS in any Zone District other 1-3. 1. CARGO CONTAINERS. 2. Loading areas. 3. Parking areas and parking STRUCTURES for USE by employees, customers and company vehicles. 4. SEMI -TRAILERS as accessory storage. 5. STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3- 310.B. 6. WIND GENERATORS allowed as ACCESSORY USES in Section 23-4-450 of this Chapter. low-i- X31 III ri l GS , STR1 I f T I R E and 1 S E S vs a y b e constructed, occupied or maintainer in tie -` Zone District ubon aporova of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. e ACCESSORY to the Use Allowed by Right. 2. One (1) microwave, COMMERC rela-y-tower sev provisions of Section 23 -4-800. 3. RESEARCH LABORATORY. 4. WIND TURBINE. 5. PROCESSING. 6. CEMET-E—RY. A radio, to evision or other communica PAGE 181 d. ion transmission or 2019-* ORD2019-02 Formatted: Keep lines together J Formatted: Highlight J Formatted: Indent: Left: 0.25", Keep lines together xy • T- 0 It t x X. x x • • d [Formatted: Keep lines together . `1 Formatted: list°, Indent: Left: 0", Keep lines together • 7. WIND GENERATOR(S) requiring the issuance of Use by Special Review Permit, as per Chapter 23, Article II, Division 4 and Chapter 23, Article IV, Division 6 of this Code. 8. CORRECTIONAL FACILITY. 9. TELECOMMUNICATION—ANTENN Permit, sub:ec_ to :le provisions oe Artic 10. Oil and Gas Support and Service. 11. PIPELINE DOMESTIC WATER. 12. MEDIUM SCALE SOLAR FACILITY. e V, Division 10 o this Chapter. pedal Review E. Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or -- operation in the I-1 Zone District without prior approval of a land use permit from the Department of Planning Services. 1. One (1) MANUFACTURED HOME per LEGAL LOT, when USED as living quarters for- - caretaker or security personnel responsible for maintaining or guarding the property, permitted under Division 3 of Article IV of this Chapter. 2. One '1; NONCOMMERCIAL TOWER between forty (40) and seventy (70; feet in height per LEGAL LOT permitted under Section 23-4-895. 3. OIL AND GAS FACILITIES permitted under Division 10 of Article II of this Chapter. 4. PIPELINES - NATURAL GAS or PIPELINES - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS permitted under Division 11 of Article II of this Chapter. 5. TELECOMMUNICATIONS ANTENNA TOWERS between thirty-five (35) and seventy (70) feet in height permitted under Division 10 of Article IV of this Chapter. 6. TEMPORARY seasonal uses permitted under Division 7 of Article IV of this Chapter. 7. WIND GENERATORS requiring a zoning permit under Division 6 of Article IV of this Chapter. Site Plan Review Required --No land, BUILDING or STRUCTURE sla be USED, clanged in* USE or type of occupancy, DEVELOPED, erectec, constructeo, reconstructec, movea or structurally altered or operated in the ! 1 Zone District until a Site Plan Review has been approves by -le Department of P anning Services. t sia be nec s„,-a-ry that the applicant in the performance standarrds and district r uir ments that are applizoned 1 1 have -been or shall si-on 3 of this Chapter. This shall be accomplished through the Site Plan Review application process. Uses listed in Subsection D above as Uses by Soecia Review in le ' Zone District shall be exempt from the Site Plan Review process and shall make application for approval of a permit in accordance with the requiremen_s anc procecures set fori in Aric e , Division 4 of this Chapter. The following is exempted from a Site Plan Review - 1. OIL AND GAS PRODUCTION FACILITIES. 4 F. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may bet - constructed, occupied, operated and maintained in the I-1 Zone District upon approval of a permit in accordance with the requirements of Article II, Division 4 of this Chapter. 1. AIRSTRIPS when they are ACCESSORY to the Use Allowed by Right. 2. CHURCHES. PAGE 182 2019-* ORD2019-02 Formatted: Keep lines together Formatted: Indent: Left: 0.25", Keep lines together fFormatted: Keep lines together 1 Formatted: list°, Indent: Left: 0", Keep lines together Formatted: Keep lines together 1 ( Formatted: Indent: Left: 0.25", Keep lines together 3. CORRECTIONAL FACILITIES, subject to Article XV, Section 15-5, of the Weld County Charter. 4. DOMESTIC SEPTAGE disposal subject to Chapter 14 of this Code 5. MEAT PROCESSING. 6. MEDIUM SCALE SOLAR FACILITIES. 7. Open MINING and processing of minerals. 8. PIPELINE - DOMESTIC WATER in accordance with Division 6 of Article II of this Chapter. 9. RESEARCH LABORATORIES. 10. TELECOMMUNICATIONS ANTENNA TOWERS over seventy (70) feet in height. 11. USES similar to the USES listed as permitted as long as the USE complies with the general intent of the Zone District. 12. WIND GENERATORS requiring the issuance of Special Review Permit under Division 6 of Article IV of this Chapter. Performance Standard Compliance Required. All BUILDINGS, STRUCTURES and land* loca=ems mod; -designed, used and occupied in such a ma -n e -r that the design and operation standards contained in Sections 23-3 3/10, 23 3 350 and 23 3 360 below are met. G. REPEALED. USES si general -intent of the 11 (Industrial) Zone District. Amend Sec. 23-3-320. 1-2 (Medium Industrial) Zone District. Q-- A. Intent. The purpose of the 1-2 Zone District is to designate areas for industrial USES with more intense, higher traffic, or larger scale USES than the I-1 Zone District. rovide a zone to accommodate industrial USES which cannot conform to the stringent visual impact requirements of the I 1 Zone District and —which do not want to be subject to the potential adverse visual impacts permitted -.1e 3 Zone District. Tic intent is :o oermi: industries which may create moderate visual impacts. B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be USED and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the 1-2 Zone District; except for one (1) or more of the following USES in this section. whi Jm-u-st-be conducted in compliance with the performance standards contained in Sections 23 4_ i 3 340, 23 3 350 and 23 3 360 -of t-s--Divi-sion. 1. Asphalt or concrete batch plant USED TEMPORARILY and exclusively for an on -site construction project or the completion of a PUBLIC STREET/ROAD improvements project. The six-month limitation for this TEMPORARY USE may be extended in six-month increments at the discretion of the Director of Planning Services up to two (2: times, and thereafter by the Board of County Commissioners. 2. COUNTY grader sheds. PAGE 183 2019-* ORD2019-02 4 - Formatted: Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together Formatted: Keep lines together Commented [JF50]: Insert paragraph return. Formatted: Underline Formatted: Default Paragraph Font, Font: Arial, 11 pt, Underline Formatted: Underline Formatted: Indent: Left: 0.25", Hanging: 0.25", Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 0.3" + Indent at: 0.6", Keep lines together Formatted: Justified, Indent: Left: 0.25", Hanging: 0.25", Space Before: 12 pt, After: 12 pt, Widow/Orphan control, Keep lines together 3. One (1; NONCOMMERCIAL TOWER up to forty (40) feet in height per LEGAL LOT. (See Section 23-4-895.) 4. PUBLIC PARKS. 5. PUBLIC SCHOOLS. 6. TELECOMMUNICATION ANTENNA TOWERS up to thirty-five (35) feet in height. 7. TEMPORARY borrow pits USED exclusively for the completion of a PUBLIC STREET /ROAD improvement project. 8. UTILITY SERVICE FACILITIES. 1. Uses allowed by right in the l 1 Zone District. 2. Any storage nature may be conducted in tie 2 Zone District. The USES identified may be conducted outside of an EIS 4- 3. A rn 5,C-1,C2,C4aril. 7 ies. long as such parking areas are SCREENED from y and on adjacent properties zoned R 1, R 2, R 3, R 4, R of Article IV, Division 2 of this Chapter. 5. UTILITY SERVICE FACILITIES. 6. PUBLIC SCHOOL extension classes. 7. Police and fire stations or facilities. 8. Disposal of DOMESTIC SEPTAGE subject to t Article VI of this Code. 9. TEMP of -fireworks and C of this Chapter. h ristmas nce with the requirements nd facilities for the sale rees, subject to the permit requirements of Article IV, Division 7 project or the completion of a PUBLIC -road improvements project. The six month limitation Directo Commissioners. properties. 12. One (1) TEL Division 10 of this Chapter. 43. TRANSLOADING. PAGE 184 NT 2019-* ORD2019-02 Formatted: listO, Indent: Left: 0", Keep lines together C. Uses allowed by Right subject to the -requirement of Site Plan Review. The following USES* shall be allowed in the 1-2 Zone District following approval and recording of a Site Plan in accordance with Article II, Division 3, of this Chapter. Any USE conducted outside of an ENCLOSED BUILDING shall be SCREENED from ad'acent PUBLIC RIGHTS -OF -WAY and ADJACENT LOTS in any Zone District other 1-3. 1. AGRICULTURAL PRODUCTION. 2. Any USE of a research, repairing, manufacturing, fabricating, assembling, processing, or storage nature. 3. BIOSOLID and DOMESTIC SEPTAGE disposal subject to Chapter 14 of this Code. 4. BREWERIES, DISTILLERIES, and WINERIES. 5. CAR WASHES and gas stations. 6. COMMERCIAL STORAGE BUILDINGS. 7. CUSTOM MEAT PROCESSING. 8. DISTRIBUTION CENTERS. 9. Farm equipment sales, repair, and installation facilities. 10. Grain, seed, feed, and fertilizer retail and wholesale sales establishments. 11. Golf courses. 12. Headquarters or service facilities for taxi services, bus services and other services involving the transportation of people. 13. HELIPORTS. 14. INDOOR SHOOTING RANGES. 15. LANDSCAPING COMPANIES. 16. LUMBERYARDS/WOODWORKING. 17. OFFICES. 18. OIL AND GAS SUPPORT AND SERVICE. 19. OIL AND GAS STORAGE FACILITIES. 20. OUTDOOR STORAGE. 21. OUTDOOR STORAGE of PUBLIC utility -related equipment. 22. ORGANIC FERTILIZER PRODUCTION/COMPOSTING FACILITIES. 23. Parking areas and parking STRUCTURES. 24. Police, ambulance, and Fire stations or facilities. 25. RACING FACILITIES. 26. REPAIR SERVICE ESTABLISHMENT. 27. RETAIL/SERVICE ESTABLISHMENTS with a total GROSS FLOOR AREA of up to three thousand (3,000; square feet per LEGAL LOT. 28. SMALL SCALE SOLAR FACILITY. 29. TRANSLOADING. PAGE 185 2019-* ORD2019-02 l Formatted: Keep lines together (Formatted: Highlight 1 Formatted: Indent: Left: 0.25", Keep lines together 1 30. THEATERS and convention halls. 31. VEHICLE SERVICE/REPAIR ESTABLISHMENTS. AG-GeSSG nd USES may be allowed to Allowed by Right. Sucti--B-U-ILDINGS, STRUCTURES and USES must be desig-ned; constructed and operated in conformance with the performance standards set forth in Sections 23 3 340, 23 3 350 and 23 3 360 below. 4 3. Parking areas or STRUCTURES for vehicles or —equipment, so long as the vehicles or equipment lic right f way and on ADJACENT prope-rtieszoned R1,R2,R-3,R-4,R5,C-1,C2,C.4orI 1. 4. One (1) MOBILE HOME when USED as living qu,ar s for caretakers or security personnel responsible for maintaining or guarding the property, subject to the provisions of Section 23 4 220 of this Chapter. 5. RECREATIONAL FACILITIES for the USE of —persons employed in the conduct —OF of the USES allowed on the property. Retail-s-ates.when ACCESSORY to USES of manufacturing, fabricating or assembling. 7. Cargo containers. 8. WIND GENERATORS, which may require the issuance of a Zoning Permit for WIND Permit -for a TELECOMMUNICATION ANTENNA TOWER, subject to the provisions of Article IV, Division 10 of this Chapter. 10 NONCOMMERCIAL TOWER. D. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed ina the 1-2 Zone District so long as they are clearly incidental and ACCESSORY to Aan allowed USE and included on an approved and recorded Site Plan. Any USE conducted outside of an ENCLOSED BUILDING shall be SCREENED from ad.acent PUBLIC RIGHTS -OF -WAY and ADJACENT LOTS in any Zone District other 1-3. 1. AIRSTRIPS. 2. CARGO CONTAINERS. 3. Loading areas. 4. RECREATIONAL FACILITIES, COMMERCIAL, PUBLIC and PRIVATE. 5. SEMI -TRAILERS as accessory storage. 6. STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3- 320.B. 7. WIND GENERATORS allowed as ACCESSORY USES in Section 23-4-450 of this Chapter. PAGE 186 2019-* ORD2019-02 [Formatted: Keep lines together J Formatted: list°, Indent: Left: 0", Keep lines together Formatted: Keep lines together Formatted: Highlight Formatted: Indent: Left: 0.25", Keep lines together Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may -bed constructed, occupied or maintained in the 12 Zone District upon the approval of a permit in accordance with the requirements and procedures -set forth in Artiele I -I, P1 -vision 4 of -this Chapter. 1. REPEALED. 2. AIRSTRIPS when they are ACCESSORY to the Use Allowed by Right. 3. COMMERCIAL JUNKYARD or salvage YARD. 4. Asphalt and Concrete Batch Plants. 5. Coal Gasification Facilities. 6. Open Pit Mining and Materials Processing subject to provisions of Article IV, Division 4 of this Chapter. 7. Microwave, Racio, Te evision or otier Communication Towers over forty-five (/5) feet in height (measured from ground level). 8. TELECOMMUNICATION ANTENNA TOWERS, which require a Use by Special Review Permit, subect to tie provisions of Artie e V, Division 10 of this Chapter. 9. PROCESSING. 14. RESEARCH LABORATORY. 1-EAVY MANUFACTURING PROCESS NG. 12. W IN-D=l"-URB-I4E . 13. CEMETERY 1-4 . WIN D G E N-E-RAT-QR-( -)-req-ut r-i-ng-t-he issuance -of Use by -Special Review Permit, as per Chapter 23, Artic e , Division / anc Clap er 23, Artie e V, Division 6 of this Code. 15. COMMERCIAL SCHOOLS. 16. CORRECTIONAL FACILITY. 17. DISTILLERY. 18. PETROLEUM R-EFINERY. -1-9H-fl ri NE _ ran vnES I IC n4A 20. MEDIUM SCALE SOLAR FACILITY. A E. Uses Allowed by Permit. No USE listed in this Subsection shall commence construction ora operation in the 1-2 Zone District without prior approval of a land use permit from the Department of Planning Services. 1. One (1) MANUFACTURED HOME per LEGAL LOT, when USED as living quarters fors caretaker or security personnel responsible for maintaining or guarding the property, permitted under Division 3 of Article IV of this Chapter. 2. One (1) NONCOMMERCIAL TOWER between forty (40; and seventy (70) feet in height per LEGAL LOT permitted under Section 23-4-895. 3. OIL AND GAS FACILITIES permitted under Division 10 of Article II of this Chapter. 4. PIPELINES - NATURAL GAS or PIPELINES - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS permitted under Division 11 of Article II of this Chapter. PAGE 187 2019-* ORD2019-02 Formatted: Keep lines together Formatted: list°, Indent: Left: 0", Keep lines together Formatted: Keep lines together Formatted: Indent: Left: 0.25", Keep lines together 5. TELECOMMUNICATIONS ANTENNA TOWERS between thirty-five (35) and seventy 70) feet in height permitted under Division 10 of Article IV of this Chapter. 6. TEMPORARY seasonal USES permitted under Division 7 of Article IV of this Chapter. 7. WIND GENERATORS requiring a zoning permit under Division 6 of Article IV of this Chapter. Site P an Review Requirec. No anc, B -U LD NG or STRUC—URE stall be USED, changed in - USE or type off —occupancy, DEVE_LQP-ED, erected, constructed, reconstructed, moved —or structure y a :erec or operatec in tie 2 Zone District unti a She P an Review las been approved by -the Department--of-Rlanning Services. It shall -be necessary that the applicant in the 12 Zone District certify and state that the performance standards and district requirements that are applicable to the DEVELOPMENT and USES of property -zoned 12 have been or- hall be complied with according a�s-chapter. This shall be accomplished through the Site Plan Review application process. Uses listed in Subsection D above as Uses by Special Review in the 12 Zone District shall be exempt from the Site Plan Review process and shall make application for approval of a permit in accordance with the requirements and procedures set forth in Articl exempted from a Site Plan Review: 4 F. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be - constructed, occupied, operated and maintained in the 1-2 Zone District upon approval of a permit in accordance with the requirements of Article II, Division 4 of this Chapter. 1. Asphalt or concrete batch plants. 2. Coal gasification facility. 3. COMMERCIAL JUNKYARDS. 4. COMMERCIAL SCHOOLS. 5. COMMERCIAL TRUCK WASHOUT FACILITIES. 6. CORRECTIONAL FACILITIES, subject to Article XV, Section 15-5, of the Weld County Charter. 7. MAJOR FACILITIES OF PUBLIC UTILITIES OR PUBLIC AGENCIES in accordance with Division 5 of Article II of this Chapter. 8. MEAT PROCESSING. 9. Open MINING and processing of minerals. 10. PIPELINE - DOMESTIC WATER in accordance with Division 6 of Article II of this Chapter. 11. RESEARCH LABORATORIES. 12 Solid and hazardous waste disposal sites and facilities requiring Certificate of Designation in accordance with Sections 12-8-10 and 23-4-380 of this Code. 13. TELECOMMUNICATIONS ANTENNA TOWERS over seventy (70) feet in height. 14. USES similar to the USES listed as permitted as long as the USE complies with the general intent of the Zone District. 15. WIND GENERATORS requiring the issuance of Special Review Permit under Division 6 of Article IV of this Chapter. PAGE 188 2019-* ORD2019-02 a Formatted: Keep lines together Formatted: list°, Indent: Left: 0", Keep lines together J 3 Formatted: Keep lines together Formatted: Indent: Left: 0.25", Keep lines together Performance Standard Compliance Required. All BUILDINGS,STRUCTURES and land* located in the 12 Zone Districts shall be located, designed, USED and occupied in such a manner that the design and -operation ota-nd-a-rcts contained in Sections 23 3 340, 23 3 350 and 23 3 360 below are met. G. REPEALED. USES similar to the USES listed above, so long as the USE complies with the general intent of the 12 (Industrial) Zone District. Amend Sec. 23-3-330. 1-3 (Heavy Industrial) Zone District. A. Intent. The purpose of the 1-3 Zone District is to provide a zone to accommodate industrial USES that require larger amounts of space, are more resource -intensive than light industrial, and have limited public access. Properties zoned 1-3 should be located near transportation infrastructure such as highways, railroads, or AIRPORTS. Intent. The -purpose of the 13 Zone District is to provide a zone to accommodate industrial USES which -may create adverse visual impacts for ADJACENT USES. As a result, such uses may required locations relatively i-s-eliated-from other land USE types. B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be USED and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the 1-3 Zone District, except for one (1) or more of the following USES listed in Seth's section. ,which must be conducted-Fn-Gompl4anee-wwi•th the-perlermance standards corfta•ined-+n-Seetionss-2-3 3 340, 23-3-3-50 and 23 -3-360 below 1 Asphalt or concrete batch plant USED TEMPORARILY and exclusively for an on -site construction project or the completion of a PUBLIC STREET/ROAD improvements project. The six-month limitation for this TEMPORARY USE may be extended in six-month increments at the discretion of the Director of Planning Services up to two (2) times, and thereafter by the Board of County Commissioners. 2. COUNTY grader sheds. 3. One (1) NONCOMMERCIAL TOWER up to forty (40; feet in height per LEGAL LOT. 'See Section 23-4-895.) 4. PUBLIC PARKS. 5. PUBLIC SCHOOLS. 6. TEMPORARY borrow pits USED exclusively for the completion of a PUBLIC STREET/ROAD improvement project. 7. TELECOMMUNICATION ANTENNA TOWERS up to thirty-five (35) feet in height. 8. UTILITY SERVICE FACILITIES. A 1. Uses allowed by right in the 11 Zone District. 2. Uses--allowed-by--rig-h-t-in the -I 2 Zone -District. 3. Any USE of a research, repairing, manufacturing, fabricating, processing, assembling or storage nature may be conducted in -the t 3 Zone District. -1. SIGNS, as long as the SIGNS are located and designed in accordance with the requirements of -Article -IV, Division 2 be10-w. PAGE 189 2019-* ORD2019-02 a Formatted: Keep lines together J Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together ( Formatted: Keep lines together 1 lFormatted: Highlight l Commented [JF51]: Insert paragraph return. ( Formatted: Underline J Formatted: Default Paragraph Font, Font: Arial, 11 pt, Underline ( Formatted: Underline Formatted: Indent: Left: 0.25", Hanging: 0.25", Numbered + Level: 1 + Numbering Style: 1, 2, 3, ... + Start at: 1 + Alignment: Left + Aligned at: 0.3" + Indent at: 0.6" ( Formatted: Font: 12 pt Formatted: Normal, Indent: Left: 0", First line: 0", Keep lines together Formatted: list°, Indent: Left 0", Keep lines together 1 5. Parking or vehicles -arid -equipment. 6. UTI-NTY SERVICE FACILITIES. 7. PUBLIC SCHOOL extension classes. 8. OIL AND GAS PRODUCTION FACILITIES. 9. Police and fire station or facilities. '10. Disposal of D Article VI of this Code to the additional requirements of Chapter 14, of -fireworks and Christmas tr , subject to the permit requirements of Artic e V, Division -7 of this Chapter. 12. Asphalt or concrete batch plant used temporarily and exclusively for an on- site construction project or the completion of a PUBLIC road improvements project. The six-month limitation for this TEMPORARY use may be extended in six month increments at the discretion of the Commissioners. 13. OUTDOOR STORAGE, when SCREENED from —public rights -of way and ADJACENT properties. 1 -4 -One (`)—E_ECOMMUN CAT ON -AN -FEE- r -NA Division 10 of this -Chapter. 15. TRANSLOADING. 16. OIL AND GAS SUPPORT AND SERVICE. C. UsesAallowed subject to the requirement of Site Plan Review. The following USES shall be allowed in the 1-3 Zone District following approval and recording of a Site Plan in accordance with Article II, Division 3, of this Chapter. 1. ADULT BUSINESS, SERVICE or ENTERTAINMENT ESTABLISHMENT subject to thee provisions of Article IX of this Chapter. 2. AGRICULTURAL PRODUCTION. 3. AIRSTRIPS and AIRPORTS, including crop -dusting operations. 4. Any USE of a research, repairing, manufacturing, fabricating, assembling, processing, or storage nature. 5. Asphalt or concrete batch plants. 6. BIOSOLID and DOMESTIC SEPTAGE disposal subject to Chapter 14 of this Code. 7. BREWERIES, DISTILLERIES, and WINERIES. 8. CAR WASHES and gas stations. 9. COMMERCIAL STORAGE BUILDINGS. 10. COMMERCIAL TRUCK WASHOUT FACILITIES. 11. CUSTOM MEAT PROCESSING. 12. DISTRIBUTION CENTERS. 13. Farm equipment sales, repair, and installation facilities PAGE 190 2019-* ORD2019-02 IFormatted: Keep lines together ( Formatted: Highlight IFormatted: Indent: Left: 0.25", Keep lines together 14. Golf courses. 15. Grain, seed, feed, and fertilizer retail and wholesale sales establishments. 16. Headquarters or service facilities for taxi services, bus services and other services involving the transportation of people. 17. HELIPORTS. 18. INDOOR SHOOTING RANGES. 19. LANDSCAPING COMPANIES. 20. LUMBERYARDSA/VOODWORKING. 21. MEAT PROCESSING. 22. OFFICES. 23. OIL AND GAS STORAGE FACILITIES. 24. OIL AND GAS SUPPORT AND SERVICE. 25. ORGANIC FERTILIZER PRODUCTION/COMPOSTING FACILITIES. 26. OUTDOOR STORAGE. 27. OUTDOOR STORAGE of PUBLIC utility -related equipment. 28. Parking areas and parking STRUCTURES. 29. PET CREMATORIES. 30. Police, ambulance, and fire stations or facilities. 31. RACING FACILITIES. 32. REPAIR SERVICE ESTABLISHMENT. 33. RESEARCH LABORATORIES. 34. RETAIL/SERVICE ESTABLISHMENTS with a total GROSS FLOOR AREA of up to three thousand (3,000) square feet per LEGAL LOT. 35. SMALL SCALE SOLAR FACILITY. 36. THEATERS and convention halls. 37. TRANSLOADING. 38. VEHICLE SERVICE/REPAIR ESTABLISHMENTS. Accessory -Uses. The following-B►-UILDIN-GS7-S-TRUCTURES and USES may -be allowed -iii tie 3 Zonc Districts so ong as tiey are c ear y incicenta anc accessory to tic Use A owed by Ri t,Sue-h-BU-I-LDINGS, STRUCTURES and -USES must be -deli -ed, -constructed and operated in conformance with the performance standards set forth in Sections 23 3 340, 23 3 350 and 23-3460 below. 1. OFFI 2. Loading -areas or STRUCTURE -S- 3. Parking areas or STRUCTURES. PAGE 191 2019-* ORD2019-02 Formatted: Keep lines together Formatted: listO, Indent: Left: 0", Keep lines together 1 4. One -(-1-) MOBILE —HOME when USED as living quarters far caretakers or security-pe-rsonnel 4 220 of this Chapter. 5. RECREATION FACILITIES for the USE of person employed in the conduct or maintenance of t 7. Ca rgo-con-talners. GENERATOR, as per Chapter 23, Article IV, Division 6 of this Code. require the issuance of a Zoning Permit for a- TELECOMMUNICATION ANTENNA TOWER, subject -to the provisions of Article IV, Divi ion 10 of this Chapter. 10 NONCOMMERCIAL TOWER. D. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed ina the 1-3 Zone District so long as they are clearly incidental and ACCESSORY to ,an allowed USE Allowed by Right and included on an approved and recorded Site Plan. 1. CARGO CONTAINERS. 2. Loading areas. 3. RECREATIONAL FACILITIES, COMMERCIAL, PUBLIC and PRIVATE. 4. SEMI -TRAILERS as accessory storage. 5. STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3- 330.B. 6. WIND GENERATORS allowed as ACCESSORY USES in Section 23-4-450 of this Chapter. 4 Uses by Special Review. The following R ! �S TQ CTURES-and - S€ aea constructed, occupied or maintained in the 1 3 Zone accordance with the requirements and procedures set forth in Article II, Division 4 --of this Chapter. 2. MAJOR FACILITIES OF PUBLIC UTILITIES. 3. COIVIVERC AL JUNKYARD or sa vage YARD. 4. OIL AND GAS STORAGE FACILITIES. 5. Asphalt and Concrete Batch Plants. 6. Coal Gasification Facilities. 7. Open Pit Mining -a a -d -Materials -Processing subject -to previsions -of Article IV, Division 4 of this Chapter. 8. Microwave, Radio, Television or other Communication Towers over forty five (5) feet in height (measured from ground level). 9. TELECOMMUNICATION ANTENNA TOWERS, which require a Use -by -Special -Review PAGE 192 2019-* ORD2019-02 4 Formatted: Keep lines together Formatted: Highlight 1 i • Formatted: Indent: Left: 0.25", Keep lines together Formatted: Keep lines together Formatted: list°, Indent: Left: 0", Keep lines together �-PROCESSING 11. RESEARCH LABORATORY 1-2. HEAVY MANUFACTURING, PROCESSING- D TURBINE= IA. CEMETERY. 15. WIND GENERATORS requiring the issuance of Use by Special Review Permit, as per Chapter -2 -37 -Article II, Division 4 and Chapter 23, Article IV, Division 6 of this -Code. 16. COMMERCIAL SCHOOLS. 17. CORRECTIONAL FACILITY -- 18. BREWERY. 19. DISTILLER -Y. 20. PETROLEUM REFINERY. 21. PIPELINE DOMESTIC WATER= 22. MEDIUM SCALE SOLAR FACILITY E. Uses Allowed by Permit. No USE listed in this Subsection shall commence construction orc operation in the 1-3 Zone District without prior approval of a land use permit from the Department of Planning Services. 1. One (1) MANUFACTURED HOME per LEGAL LOT, when USED as living quarters fort caretaker or security personnel responsible for maintaining or guarding the property, permitted under Division 3 of Article IV of this Chapter. 2. One (1) NONCOMMERCIAL TOWER between forty ;40) and seventy (70) feet in height per LEGAL LOT permitted under Section 23-4-895. 3. OIL AND GAS FACILITIES permitted under Division 10 of Article II of this Chapter. 4. PIPELINES - NATURAL GAS or PIPELINES - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS permitted under Division 11 of Article II of this Chapter. 5. TELECOMMUNICATIONS ANTENNA TOWERS between thirty-five (35) and seventy (70) feet in height permitted under Division 10 of Article IV of this Chapter. 6. TEMPORARY seasonal USES permitted under Division 7 of Article IV of this Chapter. 7. WIND GENERATORS requiring a Zoning Permit under Division 6 of Article IV of this Chapter. PAGE 193 2019-* ORD2019-02 Formatted: Keep lines together ( Formatted: Indent: Left: 0.25", Keep lines together Site -Ran Review Required. No land, BUILDING or STRUCTURE shall be USED, changed ir44 USE or type - structurally -altered or -operated -4n the 1-3 Zone District -until a Site Plan Review has been approved by the Depa e -applicant in the I-3 Zane --District certify and state that the performance standards and district requirements that are applicable to the DEVELOP® ENT an SES ope e 13 have bee De camp ieo witi accorcing to tie intent of Artie e , Division 3 of this Chapter. This shall be acconiie-h-ed through the Site Plan Review application process. Uses listed in Subsection D above as Uses by Special requirements and procedures set forth in Article I -I, Division 4 exempted from a Site Plan Review: 4---40-1-L AND GAS PRODUCTION FACILITIES - with the howi ng is 6 F. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may beg constructed, occupied, operated and maintained in the 1-3 Zone District upon approval of a permit in accordance with the requirements of Article II, Division 4 of this Chapter. 1. Coal gasification facility. 2. COMMERCIAL JUNKYARDS. 3. COMMERCIAL SCHOOLS. 4. CORRECTIONAL FACILITIES, sub ect to Article XV, Section 15-5, of the Weld County Charter. 5. HEAVY MANUFACTURING — PROCESSING. 6. MAJOR FACILITIES OF PUBLIC UTILITIES OR PUBLIC AGENCIES in accordance with Division 5 of Article II of this Chapter. 7. Open MINING and processing of minerals. 8. PETROLEUM REFINERIES. 9. PIPELINE - DOMESTIC WATER in accordance with Division 6 of Article II of this Chapter. 10. Solid and hazardous waste disposal sites and facilities requiring Certificate of Designation in accordance with Sections 12-8-10 and 23-4-380 of this Code. 11. TELECOMMUNICATIONS ANTENNA TOWERS over seventy (70) feet in height. 12. USES similar to the USES listed as permitted as long as the USE complies with the general intent of the Zone District. 13. WIND GENERATORS requiring the issuance of Special Review Permit under Division 6 of Article IV of this Chapter. a d Ian& located in the 13 Zone Districts shall be -located, designed, USED and occupied in such --a and 23 3 360 below are met G. REPEALED. ®(See Subsection F.12.)USES similar to th USE comp ies wits tie genera intent of tie 3 ( ncustria PAGE 194 ) Zone District. s -the 2019-* ORD2019-02 Formatted: Keep lines together Formatted: list°, Indent: Left: 0", Keep lines together Formatted: Keep lines together Formatted: Indent: Left: 0.25", Keep lines together Formatted: Keep lines together • Formatted: Highlight Amend Sec. 23-3-340. Performance standardsBulk standards. 4 All BUILDINGS, STRUCTURES, USES, and land located in the Industrial Zone Districts shall® be located, designed, usedUSED and occupied in accordance with the design and operation stanch--ds-requirements enumerated in this sectionSections 23.3 350 and 23 3 360 below. A. Minimum SETBACK: twenty-five (25) feet. B. Minimum OFFSET: ten (10) feet or one (1) foot for every two (2) feet of BUILDING HEIGHT, whichever is greater. C. No occupied BUILDING or STRUCTURE shall be constructed within two hundred (200) feet of any TANK BATTERY, within one hundred fifty (150) feet of any oil and pas wellhead, or within twenty-five '25) feet of any plugged or abandoned oil and gas well. D. Maximum LOT COVERAGE: No more than eighty-five percent (85%) of the total area of a LOT in any Industrial Zone District shall be covered. Amend Sec. 23-3-350. Design -standards. REPEALED. The applica-nt for a building permit shall certify, according to the intent of Article II, Division 3 of this Chapter, that the following performance standards and the specific zone district requirements have been met. Additionally, the applicant shall certify that compliance with these performance standards shall continue once the USE, BUILDING or STRUCTURE is constructed and in operation. A. Stormwater Management. Aft -USERS of land in the Industrial -Zone Districts shall provide and maintain stormwater retention facilities desi historic flow from the undeveloped site. The stormwater retentio shall be designed for a one hundred year storm. The stormwater retwition facility shall be designed and operated to release the retained water at a quantity and rate not to exceed the ped site. B. Par -king --sufficient SCREENED, off-street, paved parking areas shall be provided in the -tiplustriaflicts-te-meet-the-requirements-of-emialoyeescompany-vell-iolesvisitars and customers of the Uses Allowed by -Right and ACCESSORY USES. For detailed parking requirements, see Article IV, Division 1 of this Chapter. C. Loacing Areas. Loacing areas in tie noustrial Zone Districts shall be located, designed and constructed in a manner that i-s in conformance with the standards below. 1. Sufficient space shall be provided in loading areas to accommodate the vehicles being loaded or unloaded without encroachment upon -neighbor 2. Loading areas located within the 11 and I-2 Zone Districts shall be designed to comply with the appropriate use regulations under -ether Section 23 3 310 or Section 23 3 320 above. D. Street Access. LOTS in tie noustria Zone Districts sia lave sae access :o an approve° -PUBIL C or -private -ST -BEET. The design -designation -of any STREET or highway as to type shall be in conformance with that shown on the Thoroughfare Plan and/or the MASTER PLAN of -the affected munie+p,1l1ty—Veh-i-cular ingress and egress shall be permitted o ia_t-he following types of STREETS: PAGE 195 2019-* ORD2019-02 4 Formatted: Widow/Orphan control, Keep lines together ( Formatted: Keep lines together Formatted: Justified, Space After: 12 pt, Widow/Orphan control, Keep lines together ( Formatted: Widow/Orphan control, Keep lines together ( Formatted: Keep lines together 1. ARTERIAL. 2. COLLECTOR, when that COLT ECTO District before intersecting an ARTERIAL. 3. FRONTAGE or SERVICE ROAD. serve any Residential Zone District LOTS. idential Zone contained in the Department of Public Works depending upon the number and type of vehicles generated by the use proposed. Table 23.7 Minimum Standards for Accesses Size of drainage structure structure Depth of cover over pipe Width of access, variable Maximum grade of access Flare radius, variable - Depth of surfacing 15 inches diameter - 20 feet 12 inches 10 feet to 24 feet 15 percent 20 feet to 40 feet /1 inches E. Acceleration/deceleration lanes where required by the D�rrtment of R Bbl'__ ___ 1_ I �L rc rutrv�r-y--rrxrr�rre-r-�nG �r-rt.—� ri-r-r�-r� � � � Colorado Department of Transportation to provide safe, efficient access to ARTERIAL or COLLECTOR STREETS. PAGE 196 2019-* ORD2019-02 i a 4 d a Q a Formatted: Widow/Orphan control, Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together l . Setbac4. No USE or ACCESSORY USE may be -located closer than twenty-five (25) feet to the existing or proposed (whichever represents the greater right-of-way width) highway or STREET right oareas may be permitted in the required SETBACK area when the arca is SCREENED from direct view of persons on the public r-ig-h-ts-of-way. Fences over six (6) feet in--ieig it are not requirec :o comp y witi tie minimum SETBACK and may be located on the property line. Fences located on corner lots abutting public rig it -of way sia not o Dstruct tie view of veiicu icu ar traffic at an intersection. 2. Offset: All USES and ACCESSORY USES -must be OFFSET ten (10) feet or one (1) foot for every two (2) feet of BL LD \G -E G -T containing tie USE, whichever is greater. Off street parking areas may be permitted in the required OFFSET area when the area -is screenec from ac:acent properties. Fences over six (6) feet in height are not required to comply with the minimum OFFSET and may be located on the property line. 3. No BUILDING or STRUCTURE -shall be -constructed -within a two -hundred -foot radius of of any wellhead or within a twenty five foot radius of any -plugged--or abandoned oil and gas well. My construction within these setbacks shall require a variance from the terms of this Chapter in accordance with Subsection 23 6 10.C of this Code. G. Required Landscaped Areas. 1. No more I I tota area of a LOT in any ncustria Zone District shall be covered. Land shall not be deemed covered if it is used for growing grass, sirubs, trees, p ants or = owers, coverer by cecora-ive gravel or wood chips, or otherwise suitably LANDSCAPED. 2. That portion of a LOT in any Industrial —Zone District which abuts a PUBLIC or private a right angle from the LOT line towards the interior- of the LOT. Sidewalks and driveways may pass through - Ii —Trash Collection Areas. Areas USED for storage or trash collection shall be SCREENED from ADJACENT public rights -of way and ADJACENT properties. These areas shall be designed and USED in a manner that will prevent wind- or animal scattered trash-- ater-Supply. USES located in the Industrial Zone Districts shall have an adequate source of potable -water. J. Sew disposal facilities. K-- All external l+gl ing shall-be-design-ed-i-n-accordance with Section 23 2 160-U.6. ie ncustria Zone Dis Amend Sec. 23-3-360. Operation standards.REPEALED. riots s is lave adequate sewage 41 _USES in the Industrial Zone Districts shall demonstrate conformance with the following -4 operation standards to the extent tha construction and operation. Once operational, the operation of the USES permitted shall conform to these standards. A. \o.se. USES anc S—R.UC—U de-signed-a-nd-eper-ated-i-n accordance with the noise standards as established in Section 25 12 101, C.R.S. PAGE 197 2019-* ORD2019-02 a Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together B. Air Quality. USES in the Industrial Zone Districts shall be located, designed an -d urn rn� sir ni u Pollution Control Commission. operated in accordance with the water cua rol Commission. ity contra standards estab ished by the D. Radiation and Radioactive Material. The handltng, use, storage and processing of E amount sufficient to raise the tempera - line more than five (5) degrees Fahrenheit. e --lot combustion, shall be -designed, located and operated in such a manner as -to meet the following standards: sources of light shall be shiel not shine directly ante--ADJACENT-properties; neither the direct nor reflected light from any ig it source may create a traffic iazarc. to a aerators of motor vehicles on PUBLIC or private STREETS; and construed as traffic control devices. ca maintained in such a manner that grass NOXIOUS WEEDS. Division 5 - E (Estate) Zone District Amend Sec. 23-3-400. Intent. d The E (Estate) Zone District is intended to provide the -present and future residents of then COUNTY with areas in which to locate and establish rural, large -lot residential land USES and land USES that are compatible with very low -density residential areas. The E Zone District is intended to be located, designed and developed in a manner that is compatible with the applicable requirementsChapter 22 of this Code and the adopted MASTER PLAINS -o -f- affected municipalities. This Zone District may serve as a transition between Agricultural areas and R-1 Zone Districts, but should be located such that driveways will be located on very low -traffic, local, PUBLIC or private STREETS/ROADS. Sec. 23-3-405. - Water and sewer requirements. 4 All USES requiring water in the Estate Zoning District shall be connected to and served by as PUBLIC WATER system and an adequate sewage disposal system. The sewage disposal system shall comply with the On -Site Wastewater Treatment System regulations contained in Chapter 30 of this Code or shall be served by PUBLIC SEWER service. Evidence that PUBLIC WATER and an adequate sewage disposal system are available to the LOT shall be provided prior to the issuance of a building permit. PAGE 198 2019-* ORD2019-02 Formatted: Widow/Orphan control, Keep lines together [Formatted: Keep lines together Formatted: Justified, Space After: 12 pt, Widow/Orphan control, Keep lines together Formatted: Justified, Indent: First line: 0.25", Space After: 12 pt, Widow/Orphan control, Keep lines together J Amend Sec. 23-3-410. Uses allowed by right. No BUILDING, STRUCTURE or land shall be USED, and no BUILDING or STRUCTURE shall* hereafter be erected, structurally altered, enlarged or maintained in the E Zone District except for one (1) or more of the following USES. Land in the E Zone District must be USED in compliance are subject to -the additional requirements contained in Articles IV and V of this Cha-ptsr:- A. GARDENING. DWELLING shall be connected to and served by a PUBLIC WATER system and an adequate his Code. Evidence that PUBLIC WATER and an adequate sewage disposa system are ava-i able to the LEGAL LOT shall be a building permit. B. FISHING and noncommercial WATER SKIING. One (1) MANUFACTURED HOME per LEGAL _OT. The IVA\LFACTURED -OWE sia be connecter to anc serves by a PUBL C WATER system and anhe sewage disposal system shall comply with the Indivicua Sewage Disposa Regu ations container in C iapter 3 -0 --of ti -is Coce. Evidence that PUBLIC WATER and an adecuate sewage cisposa system are avai ab e to tie LEGAL LOT shall be provided prior to the issuance of a building permit. C. One (1) NONCOMMERCIAL TOWER up to forty (40) feet in height per LEGAL LOT. (See Section 23-4-895.)FARMING, RANCHING and GARDENING. D. PUBLIC parks and PUBLIC recreation areas. E. PUBLIC SCHOOLS and PUBLIC SCHOOL extension classes. F. One (1) SINGLE-FAMILY DWELLING and AUXILIARY QUARTERS, FOSTER CARE HOME, or GROUP HOME FACILITY per LEGAL LOT.Police and fire stations or facilities: G. UTILITY SERVICE FACILITIES. H. REPEALED. iSee Subsection_ F.)GROUP HOME FACILITY. I. REPEALED. FOSTER CARE HOME. J. REPEALED.;(See Section 23-3.425.)OIL AND GAS FACILITI-ES, 1. WOGLA Required. No OIL AND GAS FACILITY shall be developed in the E (Estate) Zone District unti Board of County Commissioners in accordance with the application procedures set forth in Article II, Division 10, of this Chapter. K. REPEALED. jSce Section 23 3 4252_ PIPELINE NATURAL GAS or PIPELINE PETROLEUM PRODUCTS OTHER THAN NATURAL GAS. 1. LAP Required. No PIPELINE NATURAL GAS or PIPELINE PETROLEUM PRODUCT -S O-- ER --AN NA -URA_ GAS sia be ceve open in the E (Estate) Zone District until a LAP has —been —issued by- the Department of Plann-ing---Services or the Board of County Commissioners in accordance witi tie app ication procecures set forte in Division ", of tiffs Ch -a pter— Sec. 23-3-415. Uses allowed in right subject to the requirement of Site Plan Review. 4 The following USES shall be allowed in the E Zone District following approval and recording* of a Site Plan in accordance with Article II, Division 3, of this Chapter. PAGE 199 2019-* ORD2019-02 Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together • O • •. I . u • e �, . • c. ...4. .Vo • fin c g. •3• V • • .e•S a . ▪ • . • N. � ;� . • • . • • ...•.ed a ;, I • y • • • •• . r ▪ ,. . • • e .~ i. • W • .. L r, e Formatted: Highlight Formatted: Highlight Formatted: Highlight Formatted: Justified, Space After: 12 pt, Widow/Orphan control, Keep lines together Formatted: Highlight J Formatted: Justified, Indent: First line: 0.25", Space After: 12 pt, Widow/Orphan control, Keep lines together l A. CHURCHES. B. Golf courses. C. Police, ambulance, and fire stations or facilities. D. Private SCHOOLS. E. RECREATIONAL FACILITIES, PUBLIC and PRIVATE. Amend Sec. 23-3-420. Accessory uses. A The following BUILDINGS, STRUCTURES and USES shall be allowed in the E (Estate) Zone District so long as they are clearly incidental and accessory to oan allowed USE•t e-U-ses Allowed by Right_ in tie E (Estate) Zone Dis:rict. Suci BL ._D NGS, STRLCThRES anca USES muse. be designed, ce-nstr-acted--and operated -in conformance with the bulk requirements contained-i-n Cdr'+iron r)2 2 AAa'l k Intn, _A_CCcQ�`nPV I IC1ZQ Aii+hire +{moo C /Ire+n+nl 7n► n rile+rin+ nIt-n r.itRinr*+ to -the additional requirements contained in Artieles4V--and V of this Chapter. Note: The combined GROSS FLOOR AREA of all ACCESSORY BUILDINGS constructed after the original effective date of this Chapter (August 25, 1981) on LOTS of less than ten (10' acres in SUBDIVISIONS and HISTORIC TOWNSITES shall not exceed four (4) percent of the total LOT area, except in Regional Urbanization Areas (RUA), which shall adhere to RUA development standards. However, in no case shall such an ACCESSORY BUILDING in a SUBDIVISION or HISTORIC TOWNSITE exceed twice the GROSS FLOOR AREA of the principal DWELLING UNIT on the LOT except by VARIANCE. Any ACCESSORY BUILDING made nonconforming by application of this Section may be repaired, replaced or restored in total. Exterior portions of all ACCESSORY BUILDINGS, including the roof, shall be constructed of nonreflective materials. A. ANIMAL BOARDING and animal TRAINING FACILITIES where the maximum number of ANIMAL UNITS permitted in Section 23-3-440 below is not exceeded and traffic to and from the facility does not exceed sixty (60) daily trips. Garages, carports and parking areas-: B. FARMING. its and similar RECREATIONAL FACILITIES. C. Parking areas and parking STRUCTURES, not including parking of COMMERCIAL VEHICLES.SIGNS, in accordance with the provisions of Article IV, Division 2 of this GhapteE D. STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3-410, not including CARGO CONTAINERS. Section 23 1 -90 -and -CLASS Il-shall comply -with Section -2-3_1.90 and Article IV, Division -137 of this Chapter. E. Swimming pools, tennis courts and similar ACCESSORY USES and STRUCTURES. Service BUILDINGS and facilities. F. WIND GENERATORS allowed as ACCESSORY USES in Section 23-4-450 of this Chapter.Any other STRUCTURE or USE clear y incicenta anc ACCESSORY to a Use Allowed by Right in the E Zone District. G. REPEALED. ,(See Semen 23 3 425.)Parki-ng and operation of on -e -(1 -)-commercial vehicle from the property, provided that such parking and operation are permitted through Section 23 4-950 of this Cha-pte-r. PAGE 200 2019-* ORD2019-02 l Formatted: Justified, Space After: 12 pt, Widow/Orphan control, Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together Formatted: Highlight Formatted: Highlight Sec. 23-3-425. - Uses allowed by permit. 4 No USE listed in this Section shall commence construction or operation in the E Zone District4 without prior approval of a land use permit from the Department of Planning Services. A. HOME OCCUPATIONS permitted under Division 13 of Article IV of this Chapter. 4 B. One (1) NONCOMMERCIAL TOWER between forty (40) and seventy (70) feet in height per LEGAL LOT permitted under Section 23-4-895. C. OIL AND GAS FACILITIES permitted under Division 10 of Article II of this Chapter. D. Parking of one (1) COMMERCIAL VEHICLE per LEGAL LOT permitted under Division 12 of Article IV of this Chapter. E. PIPELINES - NATURAL GAS or PIPELINES - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS permitted under Division 11 of Article II of this Chapter. F. WIND GENERATORS requiring a Zoning Permit under Division 6 of Article IV of this Chapter_ Amend Sec. 23-3-430. Uses by special review. 4 The following BUILDINGS, STRUCTURES and USES may be constructed, occupied,4 operated and maintained in the E Zone District upon approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. A. ACCESSORY BUILDINGS with a GROSS FLOOR AREA larger than four (4) percent of the total LOT area, as detailed in Section 23-3-420 above. HOSPITAL, nursin--home and rehabilitation center. B. C. D. BED AND BREAKFAST FACILITIES.Private-SCHOOL. CHILD CARE CENTERS.CHURGHT HOME BUSINESSES.PRIVATE RECREATIONAL FACILITY. E. PIPELINES - DOMESTIC WATER in accordance with Division 6 of Article II of this Chapter. KENN-EL, su-bjeet to the additional requirements of SeGtiGn 23 4 '100 of this-Ctiapter. F. RESIDENTIAL THERAPEUTIC CENTERS.CHILD CARE CENTER. G. USES similar to the USES listed as permitted as long as the USE complies with the general intent of the Zone District. -Keeping, raisirg or boarding of EXOTIC ANIMALS. H. WIND GENERATORS requiring the issuance of Special Review Permit under Division 6 of Article IV of this Chapter. HOME BUSINESS. I. REPEALED. J. REPEALED. LSee-Section 23 3-'125.)WIND TURBINES. K. REPEALED. (See Subsection G.)USES similar to the USES listed above as Uses -by Special Review as long as the USE comas with the general -intent e -f -the -E Zone District L. REPEALED.GEMETERY. M. REPEALED. Wee-ubseo -n-E-)PI-PELINE DOMESTIC -WA-TER- PAGE 201 2019-* ORD2019-02 Formatted: Justified, Space After: 12 pt, Widow/Orphan control, Keep lines together Formatted: Justified, Indent: First line: 0.25", Space After: 12 pt, Widow/Orphan control, Keep lines together Formatted: Justified, Space After: 12 pt, Widow/Orphan control, Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together Formatted: Highlight ( Formatted: Highlight Formatted: Highlight ( Formatted: Highlight Amend Sec. 23-3-440. Bulk requirements. 9 The following Subsections list the bulk requirements for the E Zone District. All BUILDINGS,Q STRUCTURES, USES, and land in the E district are subject to the requirements contained in this Section. A. thru D. — No change. E. Minimum OFFSET for residencesDWELLING UNITS when ADJACENT to the A (Agricultural) Zone District: forty (40) feet. F. REPEALED.Fe-nces less than six (6) foet in h minimum OFFSET and may be located on the property line: G.- No change. H. Maximum number of ANIMAL UNITS: one (1) per acre, not to exceed eight (8) ANIMAL UNITS per LOT. The maximum number of HOUSEHOLD PETS per LOT shall be four (4) HOUSEHOLD PETS of one (1) species or a total of seven (7) HOUSEHOLD PETS of two (2) or more species. I. Minimum GROSS FLOOR AREAsquaro footage of SINGLE-FAMILY DWELLING o+ MANUFACTURED HOME: one thousand two hundred (1,200) square feet. J. REPEALED. (See Section 23-3-420.) The combined GROSS FLOOR AREA of all ACCESSORY BUILDINGS constructed after the original effective date of this t'haptar ( st 25, 1981) on LOTS in an approved or recorded subdivision plat or LOTS part of a map or plan filed • ing subdivisions of less than ten (10) acres shall not exceed four percent (4° Iona! Urbanization Area (RUA), which shall adhere -to RUA development standards. However, in no case shall such an accessory building exceed twi esidence on the lot e I y application of this Subsection may be repaired, replaced or restored in total. K. REPEALED. (See Section 23-3-420.)Exter-or portions of all ACCESSORY BUILDINGS, inc ucing tie roof, sla be constructed of nonreflective materials. L. No pccupited BUILDING or STRUCTURE, as defined and limited to those occupancies listed as Groups A, B, E, F, H, I, M, R, S and U in Section 302.1 of the 2012 International -Building Code, shall be constructed within a -two -hundred (200) feet foot radius of any tank battery, within a -one hundred -fifty (150) feet foot radius of any oil and gas wellhead or within a -twenty- five (25feet foot radius of any plugged or abandoned oil and gas well. Any construction within a-two--hundred-foot radius -of any -tank battery -or ore--h-u-nd-recl-f i-ft-y foot r-adtki s of any -wellhead shall require a variance from the terms of this C a-pter in accordance with Subsection 23 6 10.C. of this Chapter. M. Sources of light shall be shielded so that beams or rays of light will not shine directly onto ADJACENT properties or PUBLIC or private STREETS/ROADS. Neither the direct nor reflected light from any light source may create a traffic hazard to operators of motor vehicles on PUBLIC or private STREETS/ROADS. No colored lights may be used which may be confused with or construed as traffic control devices. All external lighting shall be designed in accordance with Section 23-2 1 SQ-U-6-: Division 6 - PUD (Planned Unit Development) District [All current development proposals a are -subject -to -Chapter -2 -7 -of -this Code. See trans #ion- pr -ovens of Section 23 1--8t C.] PAGE 202 2019-* ORD2019-02 Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together Commented [JF52]: I would leave this one and the next. Commented [JF53]: Paragraph return Commented [JF54]: This one wasn't my typo. ( Formatted: Font: 11 pt, Highlight Formatted: Font: 11 pt 1 Formatted: Widow/Orphan control, Keep lines together Amend Sec. 23-3-500. Intent.REPEALED. The PUD (Planned Unit Development) District is intended to allow an alternative means ford property owners to -apply flexibility in developing -their land which may not be possible under the normal application of this Chapter and Chapter 24 of this Code. The PUD District is not intended to be usec to circumvent or cistort tie ao ides anc objectives of his C-iaoter and Chapters 22 and 24 of this Code. The objectives of the PUD District are to: encourage flexibiiity-and variety in the DEVELOPMENT of land to promote its most appropriate use; improve the design, character cilitate the adequate and economical provision of public encourage -an integrated planning approach; andensure-compatibilitywith Chapters 22 and 24 of this Code. The COUNTY is authorized to regu-late PU-Ds by Section 24 67 101, et seq., C.R.S. Amend Sec. 23-3-510. Permitted uses.REPEALED. Q A. A PUD District may include any BUILDING, STRUCTURE or USE as found to be appropriate under the review and approval procedures in Article II, Division 8 of this Chapter. DEVELOPW E \T is a owec on y in those parts of a PUD District wiici are inc ucec in an approver anc recorcec PUD pan. USES within tie PUD District stall also be subject to the additional requirements containec in Artie es V anc V of his Chapter. B. USES within a PUD District sla be cescribec by tract within a PLID District. T'iis cescription eh -all -give a clear indication of the --type of -USE to -take -place within the tract and a brief description ofd 1 I ath those USES. This - SCREENING. C. Each approved PUD Dis tract within a PUD District cannot be altered unless an amendment to the PUD District is approved as a new PUD District under the PUD Change of Zone procedure in Article II, Division 8 of this Chaptor— Amend Sec. 23-3-520. Performance -stands -REPEALED. c 4 All BUILDINGS, STRUCTURES and land USE -S --in the PUD District shall be located,a designed, used and occupied in accordance with the standards enumerated below. A. Compatibility: The density, desi District-sty-a-ll-be-ctesig ed to be -compatible with other USES within and adjoining -the PUD District. Compatible USES shall be determined by evaluating the general USES, BUILDING height, SETBACK, OFFSET, size, density, traffic, dust, noise, ha-rmony� characterlandseape- SCREENING, health, safety and welfare. B. Common open space. COMMON OPEN SPACE shall be provided in a PUD District. The amount anc type of COIVMON OPEN SPACE shall be proportioned according to the type of USES, BUILDINGS or STRUCTURES to be contained in the PUD District. COMMON OPEN SPACE shall be designed to be useful to the occupants and resiaents of the PUD District for recreational and scenic purposes. The COMMON OPEN SPACE in a PUD Distr-ict shall be owned and maintained in perpetuity oy an organization estab iselec so e y for suc-i ownersu p and maintenance purposes. C. Water and sewer provisions. A PUD District shall be serviced by an adequate water and sewer PAGE 203 D 2019-s ORD2019-02 Formatted: Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together D—C+rculat-ion. DEVELOPMENT within a PUD Da -strict —shall be designed and constructed to include adequate, safe and convenient arrangements for pedestrian anc ve iicu ar circu ation, off street parking and loading space. Pedestrian and vehicular circulation shall relate to the private or public, shall -be designed and constructed to meet the requirements of Chapters 24 and 29 of this Code. E. eening. USES, BU would not b ADJACENT to a PUD District shall be adequately buffered and SCREENED to make their appear LD NGS or STRUCTURES within a PUD District that F. Bulk requirements. The normal bulk requirements for minimum SETBACK, minimum OFFSET, minimum LOT size, minimum LOT aria pe other performance standards applicable -to a PUD District may be required to be as strict as allowed. 1 - anal water cant shall Ian of exchange or substitute proved by the District Court for Water Di rights. . Comp Lance. A PUD District anc any part hereof which has been approved as a PUD Plan shall -be considered as being-i-n-compliance-with Chapter 24 of this Code and Section 30-28- 101, et seq., C.R.S. The design standards and improvement agreements of Chapter 24 shall be utilized when applicable to the-PUD Plan requirements may ciffer from hose specifica y listed in Chapter 24. 7 District and Plan relating to the USE c- anc anc _ic oca_ion GOA/VON ODE \ SDACE shalt-r-un in favor of the COUNTY and shall -be enforceable at -law or in equity by the Board of law. Amend Sec. 23-3-530. Site -plan _ review-required.REPEALED. required.REPEALED. re a Site P an Review in rcia rtment of Planning Services. It shall be necessary for the DEVELOPMENT and USE of propert to the intent of Actiole-l!, Division 3 of this Chapter. This shall be accomplished through the Site Plan Review application process. Amend Sec. 23-3-540. PAGE 204 2019-* ORD2019-02 4 4 Formatted: Widow/Orphan control, Keep lines together • Formatted: Keep lines together Formatted: Widow/Orphan control, Keep lines together Ali—B11=DING -RUCTURES—and land —located in the—PUD District shall be located, - designed, USED and occupied in such a manner that the standards contained in Section 23 3 530 above are met. Amend Sec. 23-3-550. '-:ses-aUowecJ--by-rightTREPEALED. A. OIL AN -D -GAS --FACILITIES . 1. VV-OGLE-Rrequired. I:Vo Ot-LL.-A>ND GAS-EACII-L-I-TY shall -be developed -in -the A (gi4eu-It- I-) Zone District until a VVOGLA has been issued by the Department of Planning Services or the Board -of County Commissioners in -accordance with -the application procedures -set forth in Article I -I, -Division 10, of this Chapter. Sec. 23-3-560. - PUDs subject to Chapter 27 of this Code. 4 4 All land in the PUD (Planned Unit Development) Zone District shall be sub ect to the - regulations in Chapter 27 - Planned Unit Development of this Code. ARTICLE IV - Supplementary District Regulations and Zoning Permits Division 1 - Off -Street Parking and Loading Requirements Amend Sec. 23-4-20. Location of off-street parking areas. A. If the land USE with respect to which the off-street parking requirements exist is confined to a® single LOT, the off-street parking spaces shall be within that LOT or on a different LOT, properly zoned, not more than five hundred (500) feet distant, measured along a PUBLIC STREET/ROAD or ALLEY which connects the two (2) LOTS. If the land USE is located on two (2) or more commonly owned and adjoining LOTS, the off-street parking spaces may be located on any one (1) or more of those LOTS or on a properly zoned LOT separated from them by not more than five hundred (500) feet, measured in the same way. B. Off-street parking areas in the I or C Zone Districts may be permitted within the required SETBACK or OFFSET areas so long as the parking area is SCREENED from ADJACENT p-roperties zoned --R 1, R 2, R 3, R -4 -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. and B. — No change. C. Off-street parking spaces including access drives shall be surfaced with gravel, asphalt, concrete or equivalent and shall be graded to prevent drainage problems. PARKING LOT surfaces shall be consistent with the surrounding DEVELOPMENT, but any USE requiring approval of a Site Plan Review shall have paved PARKING LOTS. D. — No change. E. Lighting provided for off-street parking spaces shall be arranged so as to minimize illumination onto adjoining residential USES and so as to prevent glare directed at vehicles on STREETS/ROADS and ALLEYS. F. REPEALED. (See Subsection C above.) Parking LOT surface shall -be consistent with the su-rr-ouc development. G. PARKINGParking LOTS shall conform to all standards of the Americans with Disabilities Act. PAGE 205 2019-* ORD2019-02 4 Formatted: Keep lines together Formatted: Widow/Orphan control, Keep lines together ( Formatted: Keep lines together ( Formatted: Justified, Space After: 12 pt, Widow/Orphan control, Keep lines together Formatted: Justified, Indent: First line: 0.25", Space After: 12 pt, Widow/Orphan control, Keep lines together Formatted: Widow/Orphan control, Kee p lines l _ Formatted: Keep lines together LFormatted: Keep lines together H. PARKINGParI4ig LOTS with two-way driveways will be provided with sufficient turning lane widths to allow two (2) vehicles to pass. I.- No change. J. Landscaping techniques shall be utilized in design of PARKING LOTS to aid in buffering PARKING LOTS from STREETS/ROADS. The PARKING LOT of any USE requiring approval of a Site Plan Review shall be SCREENED from PUBLIC RIGHTS -OF -WAY and ADJACENT properties zoned R-1, R-2, R-3, R-4 or R-5. Amend Sec. 23-4-50. Off-street loading required. A. Off-street loading spaces shall be required for LOTS in the I and C Zone Districts. Off-street loading spaces shall be located and SCREENED to meet the requirements of the zoning district in which it is Iocatedfrom 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 INDUSTRIALindustrial USE is located in au-i44ingBUILDING containing between ten thousand (10,000) square feet and twenty thousand (20,000) square feet of GROSS FLOOR AREA, and one (1) additional off-street loading space shall be required for each additional twenty thousand (20,000) square feet or fraction thereof of GROSS FLOOR AREA. B. — No change. C. Off-street loading spaces shall be surfaced with either gravel, asphalt or concrete and shall be graded so as to prevent drainage problems. Each space should be equipped with wheel guards when necessary to prevent vehicles from extending beyond the boundary of this space and from coming into contact with other vehicles, walls, fences or plantings. Off-street loading area surfaces shall be consistent with the surrounding development, but any USE requiring approval of a Site Plan Review shall have a paved off-street loading area. D. Lighting provided for off-street loading spaces shall be arranged so as to minimize illumination onto ADJACENT residential property and so as to prevent glare directed at vehicles on STREETS/ROADS and ALLEYS. E. Off-street loading spaces shall be located in such a way that, when the space is being used to load or unload a vehicle, no part of the vehicle will occupy an ADJACENT STREET/ROAD or sidewalk. Division 2 - Signs Amend Sec. 23-4-60. Purposes and applicability. 4- A. The purposes of this Division are the following: to encourage the effective use of sig-n-sSIGNS-i as a means of communication in unincorporated Weld County; to maintain and enhance the visual corridors and the County's ability to attract sources of economic development and growth; to improve pedestrian and traffic safety; to minimize the possible adverse effect of signsSIGNS on nearby public and private property; and to enable the fair and consistent enforcement of these sign -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 signsSIGNS in commercial and industrial zones and a limited variety of signsSIGNS in other zones, subject to the standards and the permit procedures of this Division. PAGE 206 2019-* ORD2019-02 Formatted: Widow/Orphan control, Keep lines together [Formatted: Keep lines together Formatted: Widow/Orphan control, Keep lines together ( Formatted: Keep lines together 1 2. Allow certain signsSIGNS 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 signsSIGNS not expressly permitted by this Division. 4. Provide for the enforcement of the provisions of this Division. B. No s-ig-nSIGN shall be erected, placed, established, painted, created or maintained in unincorporated Weld County unless it is in conformance with the standards, procedures, exemptions and other requirements of this Division. Amend Sec. 23-4-70. General provisions. 4 SignsSIGNS 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 si-g-nSIGN 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 s-ig-nSIGN shall be erected at or near the intersection of any road STREET/ROAD or driveway in such a manner as to obstruct free and clear vision of motorists, or at any location where, by reason of the position, shape or color, it may interfere with, obstruct the view of or be confused with, any authorized traffic sSIGN, signal or device. Signs -SIGNS located at an intersection must be outside of the sight distance triangle. Signs 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 signSIGN other than traffic control s-ig-nsSIGNS, 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 signsSIGNS, except bil-Iboa-rdsBILLBOARDS and off site directional- signsOFF-SITE DIRECTIONAL SIGNS, shall contain information related to the usesUSES being conducted on the zone IotZONE LOT. E. All sig-nsSIGNS erected in a PUBLIC4g-ht.-of-way-RIGHT-OF-WAY by a governmental agency controlling or directing traffic shall be exempt from the provisions of this Division. F. All signsSIGNS 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 DERELICT SIGN shall be returned to, and maintained in, the condition as originally established on the site, or it shall be removed from the site. Amend Sec. 23-4-75. Definitions. As used in this Division, the words and —ph -rase -s —set forth--below—have the following -4 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-NIMAT€D SIGN : Any sign or components of a sign that use movement or change -of Nghti$i -te clep-iot-or give the -visual impression of movement, rotation or action, or th-at create a special effect or scene. PAGE 207 2019-* ORD2019-02 Formatted: Widow/Orphan control, Keep lines together l Formatted: Keep lines together J Formatted: Highlight Formatted: Highlight ( Formatted: Highlight i Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together -of -lightweight fabric or similar material that is permanently mounted to a pole or a building by a permanent frame or rivet at one (1) ar more edges. one (1) -or more points not on the more beams that rotate or move. ight with one -(1) advertising space. incidental information about -its -construction, or historical data on historic sites, which is cut into a sanding CANOPY SIGN : Any sign that is a part of, or attached to, an awning, canopy or other fabric; that can be changed or rearranged without altering the face or the surface of the sign. An er minute shall be consider for purposes of this Division. A sign on - he only copy that cianges is an electronic or mechanical indication of time a sign and not a changeable copy sign for purposes of this Division. COMMERCIAL MESSAGE : Any sign wording, logo or other representation that, directly or • activity. duct, service or other commercial improper or lack of maintenance, vandalism or infestation with vermin or rodents. DEVELOPn E rT ��frees nontained by Development's homeowners' association and located on property owned by the homeowners' crsociation. The sign may contain the name, symbol or location of a Planned Unit Development or Minor Subdivision. FLAG : Any fabric, banner orb II I he United States, the State, the County, foreign nations having diplomatic relations with the---tzl-Tited jurisdiction. These flags must be flown in accordan e with protocol established by the Congress of the United Stat meeting any one (1) or more of ,hcse conditions shall be considered a banner sign and shall be subject to regulation -as -such. FREESTANDING SIGN : Any sign supported by structures or supports that are placed on, or anchored in, the -ground and that are independe IDENTIFICA PAGE 208 he address and name of the occupant. 2019-* ORD2019-02 INCIDENTAL SIGN : A sign, generally informational, that has a purpose secondary to the use of the zone lot on which it is located, such as "no parking""entry .," "loading only " telephone" and other similar directives. No sign with a commercial -message legible from a position off -the zone lot on which the sign is located shall -be considered incidental. NONCONFORMING SIGN : A sign hat coes not conform to a provision or requirement of this Div on premises other than those upon which the goods, services or functio distant and the type of goods, services or functions which may be obtained. Such signs shall relate only to a service or procuct primari y avai ab-e for the lig may user (such as restaurants, lodging, gas, repairs or entertainment) and available within one (1) mile of a highway exit or in a highway passes. PENNANT : Any lightweight plastic, fabric -or other material, whether or not containing a message of any kind, suspended from a rope, wire or string, usually in series, designed to move in the wind. POLITICAL SIGN : Any temporary sign for political advertising purposes placed prior to an election — t structure, or a sign designec to be transporter, including but not limited to signs designed to be wich board signs; balloens used as signs; umbrellas used for advertising; and signs attached to or painted ass said ve iic e is used regularly and customarily -in -t PROJECTING SIGN : Any sign affixed perpendicular to, or at an angle to, a building or wall in such a manner that its leading edge e �e . more t �n x- ) i eyond the surface of such buil REAL EcTa-rte aROMOT —SSIo , —Temporary u-nder construction or to be constructed. in Appendix 23 D - On premises signs ad-vertising-subdivtsisn---construction-shall--not-be-displayed subcivision construction sia not be cisp ayeo prior to the date of official recording of the subdivision, and shall be removed within two (2) years from the date of the issuance of the first building permit in the project or within t the time seventy-five percent (75%) of the lots or dwellings in the subdivision have been sold, whichever time period is the least. Signs advertising site construction may be displayec curing tic perioc of construction anc sia be removed -upon issuance -of -a -certificate of occupancy or -final inspection, whichever occurs first. RESIDENTIAL SIGN : Any sign located in a district zoned for -residential uses that -contains where the sign is -located, if -offering such service at such location conforms with all requirements of this -Code. ROOF SIGN : Any sign erecter anc-constructed wio y on anc over tie roof of a bui ding, xtending vertically above the highest portion of the roof.. Surfaces -with -stapes less -than seventy-five percent (75%) from horizontal shall be considered to be roof surfaces. PAGE 209 2019-* ORD2019-02 SIGN: Any-d-evice, fixture, placard or structure thatuses any-ooter, formr graphieril•luminatian7 rpose of a person or entity, or to communicate information of any kind to the public. surface and is supported by such surface. Considered a type of building sign. on the site and "for sale-ar "for rent" signs indicating that the property or residence is fe-r-sale or rent. C 1 !1n 77i, project or when the property is sold or rented. tvitiin six (6) incies of, a vva , paintec on tie wall surface of or -erected and confined within -the limits of an outside wal-l-of any building ar sign surface. Considered a type of building sign. WINDOW SIGN : Any sign picture, symbol-ar combination thereof, designed to come -ate evert, sa e or service tiat is p acec insice a window or upon the window panes or glass and is visible from the exterior of the window. ZONE LOT : A pareel-er-parcels of land in single -owners -hip -with a single use or -multiple uses located within the same structure. Amend Sec. 23-4-80. Sign construction standards. A. All letters, figures, characters or representations maintained in conjunction with, attached too or superimposed upon any signSIGN shall be safely and securely built or attached to the signSIGN structure. B. Any operable or removable parts of a signSIGN, such as a service opening cover or changeable mechanically affixed lettering, logo, insignia or message, shall be securely fastened or be provided with safety chains or hinges. C. — No change. D. All permanent signsSIGNS and signSIGN structures shall be designed and constructed to comply with the Building Code set forth in Chapter 29 of this Code. All electrically illuminated s-ignsSIGNS shall be designed and constructed to conform with the Electrical Code set forth in Chapter 29 of this Code. All sign-sSlGNS and signSIGN structures shall also be designed and constructed to comply with the design requirements set forth in this Code. PAGE 210 2019-* ORD2019-02 Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together Amend Sec. 23-4-90. Design plans for signs requiring zoning approval. A The owner, or applicant as agent for the owner, shall prepare a set of si nSIGN plans for ally exterior s-ignsSIGNS in any cierveatiDEVELOPMENT. Such plans shall be included as part of any Site Plan Review, Use by Special Review Permit, P -Ion -rid Unit Development -PLANNED UNIT DEVELOPMENT and Major or Minor Subdivision. The s-ig-nSIGN 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 sign-sSIGNS constructed or maintained under the plans will comply with the s+gnSlGN regulations of the County ,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 s-ig-nSIGN plans have been approved by the Board of County Commissioners or planning staff. All sig-nsSIGNS shall be designed and constructed of materials which harmonize with the architecture of the site on which the sig-nSIGN is located. Generally, the use of signSIGN materials the same as, or similar to, the main building materials used on site shall be found to provide the required level of design harmony. Amend Sec. 23-4-100. Nonconforming signs. 4 Each legally established sinSIGN in existence on April 10, 2006, the effective date of then repeal and reenactment of this Division, may continue in existence subject to the following: A. A s-ignSIGN 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 sg-nSIGN that is designed for such changes, or the repainting or reposting of display matter shall not be deemed a structural alteration. B. The lawful use USE of a sienSIGN existing on April 10, 2006, the effective date of the repeal and reenactment of this Division, although such s-ignSIGN does not conform to the provisions hereof, may continue; however, if such nonconforming usoNONCONFORMING USE is discontinued for a period of six (6) months or more, such -sig-nSIGN shall not be used until it has been made to conform with the provisions of this Division. C. Any s-ig-nSIGN 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 siIGN before it was damaged, shall be deemed to have been totally destroyed and the signSIGN shall not be restored except in conformity with this Division. Any •s+g-nSIGN which has been damaged to an extent less than fifty percent (50%) of the construction value or replacement cost of the sign -SIGN before it was damaged may be restored to the condition in which it existed previously as a nenconformin-g-useNONCONFORMING USE prior to its damage. Amend Sec. 23-4-110. Computations of sign area and height. A. Computations of area of wall signsWALL SIGNS and single -faced sig-n-sSIGNS. The area of4 a sig-nSIGN 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 s-ig-n-SIGN from the backdrop or structure against which it is placed, but not including any supporting framework, bracing or decorative fence or wall when such fence or wall otherwise meets Weld County Code regulations and is clearly incidental to the display itself. PAGE 211 2019_* ORD2019-02 Formatted: Widow/Orphan control, Keep lines together • _ Formatted: Keep lines together Formatted: Highlight IFormatted: Highlight Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together [Formatted: Highlight 1 Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together B Computation of area of multi -faced signsSIGNS. The signSIGN area for a sig-n-SIGN with more than one (1) face shall be computed by adding together the area of all sig-n-SIGN faces visible from any one (1) point. When two (2) identical signSIGN faces are placed back to back, so that both faces cannot be viewed from any point at the same time, and when such s-i-g-nSIGN faces are part of the same signSIGN structure and are not more than twenty-four (24) inches apart, the s-ig-nSIGN area shall be computed by the measurement of one (1) of the faces. C Computation of height. Sign ASIGN height shall be computed as the vertical distance from mean natural grade at foundation to the highest point of the sig-nSIGN 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 signSIGN. Amend Sec. 23-4-120. Requirements for setback, offset and clearance. 4 A. The offsets,OFFSETS for all temporary and freestanding signsFREESTANDING SIGNS from -0 a-dj sent ADJACENT properties shall be ten (10) feet. B. The offset,OFFSET for fiagsFLAGS shall be ten (10) feet, or the height of the pole, whichever is greater. C. The setback ,SETBACK for billboardsBILLBOARDS and off site directional signsOFF-SITE DIRECTIONAL SIGNS in the Commercial and Industrial Zone Districts shall be twenty-five (25) feet from the current or future road right -of w ySTREET/ROAD RIGHT-OF-WAY, whichever is greater. The setback SETBACK for all other freestanding signsFREESTANDING SIGNS in the Commercial and Industrial Zone Districts shall be fifteen (15) feet from the current or future road right of waySTREET/ROAD RIGHT-OF-WAY, whichever is greater. D. The setback SETBACK for f size di t• n,at signsOFF-SITE DIRECTIONAL SIGNS in the Agricultural Zone District shall be twenty-five (25) feet from the current or future road right o-f- w-a-ySTREET/ROAD RIGHT-OF-WAY, whichever is greater. The setback SETBACK for all other freestanding signsFREESTANDING SIGNS in the Agricultural Zone District shall be three (3) feet, or one (1) foot for every three (3) feet of sig-RSIGN height, whichever is greater. E. The setback SETBACK for all FREESTANDING SIGNS in Estate and Residential Zone Districts shall be twenty (20) feet. F. and G. — No change. Division 3 - Mobile Homes and Manufactured homes, manufactured Sstructures, an& occupied recreational vehicles. Amend Sec. 23-4-130. Permit requirements. PAGE 212 2019-* ORD2019-02 Formatted: Highlight Formatted: Widow/Orphan control, Keep lines together Formatted: Highlight Formatted: Keep lines together • Formatted: Highlight Formatted: Highlight Formatted: Highlight Formatted: Justified, Widow/Orphan control, Keep lines together NO -MOB -I -LE HOME/MANUFACT-U-RED STRUCTURE may -be locate-d-er relocated in the County after August 25, 1981, except in accordance with this Division, including the issuance of an-y—zoni-ng permit which may be required by this Section. Each MOBILE HOME/MANUFACTURED STRUCTURE located or relocated in the County after said -date must have a B-U-I-L-D#4G-permit for a MC -BIDE HOME/MANUFACTURED STRUCTURE issued pursuant to Chapter 29 of this Code. Where a MANUFACTURED HOME, MANUFACTURED STRUCTURE, or occupied RECREATIONAL VEHICLE is permitted in Article III of this Chapter upon issuance of a zoning permit, the permit may be issued by the Department of Planning Services upon a determination that the application complies with this Division 3 and any applicable provisions of this Code. An application for any zoning permit for a MANUFACTURED HOME, MANUFACTURED STRUCTURE, or occupied RECREATIONAL VEHICLE MOBI-L-E H-OME/MANUFACTURED STRUCTURE required by this Division -shall include the following: A. thru E. — No change. F. A sketch plan of the site at the scale of one (1) inch represents fifty (50) feet or other suitable scale to show: 1. The proposed location of the MOBILE HOME/MANUFACTURED STRU-C-TUREMANUFACTURED HOME, MANUFACTURED STRUCTURE, or occupied RECREATIONAL VEHICLE, including distances from the property LOT lines and other STRUCTURES on the property. 2. Access to the MOBILE HOME! M N- FACTURED STRUCTURE MANUFACTURED HOME, MANUFACTURED STRUCTURE, or occupied RECREATIONAL VEHICLE indicating whether the access is existing or proposed. 3.- No change. 4. 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. 5. Identification of any cou-ntyCOUNTY, state or federal roadsSTREETS/ROADS or highways. 6. - No change. G. Methods of disposal of sewage or other wastes in compliance with the requirements of the Colorado Department of Public Health and Environment and the County Department of Public Health and Environment, except for applications for TEMPORARY storage of a MOBILE HOME/MANUFACTURED STRUCTURE MANUFACTURED HOME under Section 23-4-160 below. H. Methods of supplying water in such a manner as to be adequate in quality, quantity and dependability for the proposed useUSE, except for applications for TEMPORARY storage of a MOBILE HOME/MANUFACTURED S T RU-CTUREMANUFACTURED HOME under Section 23-4-160 below. I. An application fee. Each request for a renewal or extension of a TEMPORARY permit shall also be accompanied by the appropriate application fee. An additional fifty (50) percent of the application fee shall be added to the cost of the application fee if the USE is started prior to issuance of a permit. The payment of the investigation fee shall not relieve any persons from fully complying with the requirements of this Chapter, nor from any other penalties. PAGE 213 2019-* ORD2019-02 Formatted: Keep lines together ( Formatted: Highlight J. The requirements of this Division 3, MOBILE HOM€S/MANUFACTUR€D 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 l-whe_ re the mobile-homeMANUFACTURED 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. • ° \ property owners -within five hund-red-(e40)-feet of the subject property in opposition to the location of the MOBILE HOV=/VAN,J=AC-LRED L. Completed Building Permit application 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/MANUFACTURED STRUCTUREMANUFACTURED HOME, MANUFACTURED STRUCTURE, or occupied RECREATIONAL VEHICLE is used for other than the permitted USE, or expire at the end of the initial or extended term of the permit for TEMPORARY storage of the MOBILEMANUFACTURED HOME. Such application shall include detailed plans for removal of the MOBIL I--Iz---MT 1/1`-I- STRUCTUREMANUFACTURED HOME or MANUFACTURED STRUCTURE upon expiration of the TEMPORARY permit. Amend Sec. 23-4-140. REPEALED. M_-_--I----k-olf _ - = 1---.�--- Di :-- MOBILE HOMES/MANUFACTURED STRU 23 4-200 and 23 4 220, upon the i according to the following recuirements: A temporarily permitted MOBILE HOMES/MANUFACTURED STRUCTURES shah be biked and tied pursuant to the requirements of Chapter 29 of this r��o� � ter u n, T L� a ent of Planning Sew -ices, the Zoning--P-er ait shall not be trap ner to any successor; the Zoning Permit shall terminate automatically upon conveyance or lease of the property. The MOBILE HOME/MANUFACTURED STRUCTURE shall be removed from the f cultural) Zoned Amend Sec. 23-4-150. Temporary use during construction of residence. 4 A zoning permit for the USE of a MOBILEMANUFACTURED HOME or RECREATIONAL VEHICLE occupied as a TEMPORARY DWELLING UNIT during the construction of a permanent DWELLING UNIT on the same LOT in the A (Agricultural) Zone District may be issued by the Department of Planning Services subject to the following provisions: A. The applicant rnshall have a valid building permit for the construction of a permanent DWELLING UNIT on the same LOT. B. Construction of the permanent DWELLING UNIT shall commence within ninety (90) days of issuance of the TEMPORARYzoninq permit for the MOBILEMANUFACTURED HOME or RECREATIONAL VEHICLE and shall be diligently pursued. C. The applicant mustshall demonstrate that adequate water and sewage disposal facilities are available. PAGE 214 2019-* ORD2019-02 Formatted: Highlight Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together D. The TEMPORARY permit for occupancy of the MOBILEMANUFACTURED 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 MOBI-L-Ea 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 MOBILEMANUFACTURED HOME or occupied RECREATIONAL VEHICLE has been requested for the property, the meeting date and a telephone number where further information may be obtained. The sign shall be posted at least ten (10) days prior to the meeting date and evidenced with a photograph. In its review of an application, the Board of County Commissioners shall consider the good faith efforts of the applicant to pursue construction diligently and any unforeseeable or unavoidable circumstances which may have delayed completion of construction, requiring the extension. In addition, the Board of County Commissioners shall consider compatibility of the MOBU&MANUFACTURED HOME or occupied RECREATIONAL VEHICLE with the surrounding area, harmony with the character of the NEIGHBORHOOD, its effects upon the immediate area and the general health, safety and welfare of the inhabitants of the area and the COUNTY. G. IVIOB•FL-E-MANUFACTURED HOMES permitted as a TEMPORARY USE during construction of a permanent DWELLING shall be removed within thirty (30) days after the permanent DWELLING has been occupied. H. A MANUFACTURED HOME permitted as a TEMPORARY USE during construction of a permanent DWELLING shall not have a permanent foundation. Amend Sec. 23-4-160. Temporary storage of mobileunoccupied manufactured homes. A zoning permit for the tempera-ryTEMPORARY storage of aone (1; unoccupied MANUFACTURED MOBILE 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: PAGE 215 2019-* ORD2019-02 Formatted: Widow/Orphan control, Keep lines together [Formatted: Keep lines together A. The applicant m-ustshall obtain a building permit for a MOBILEHOME and shallmust comply with all applicable installation standards of Chapter 29 of this Code applicable to MOBILE HOMES; provided, however, that no utility hookups to the MOBILEMANUFACTURED HOME of any type, including septic systems, shall be allowed. B. The MOBILEMANUFACTURED HOME may not be used on any basis as a DWELLING or as overnight or TEMPORARY housing for any person. C. The applicant rnustshall demonstrate that no reasonable alternative exists to the temporaryTEMPORARY storage of the MOBILEMANUFACTURED HOME on the land involved. D. Only one (1) zoning permit for temporaryTEMPORARY storage of a MOBILEMANUFACTURED 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 temporaryTEMPORARY storage of a MOBILEMANUFACTURED HOME on the basis of a signed statement by the applicant that the conditions of Subsections A through D above are met, upon information contained in the permit application, and upon such independent evidence as may be available or which the staff may reasonably require. F. A zoning permit for tem-poraryTEMPORARY storage of a MOBILEMANUFACTURED HOME shall be for a period of six (6) months, and is renewable for additional six-month periods only by grant of the Board of County Commissioners. G. The Board of County Commissioners shall hear the application for renewal of a zoning permit for temporaryTEMPORARY storage of a MOBILEMANUFACTURED HOME at a regularly scheduled meeting of the Board. The Board of County Commissioners shall give notice of the application for a zoning permit and the meeting date to those persons listed in the application as owners of property located within five hundred (500) feet of the parcel under consideration. Such notification shall be mailed, first-class, not less than ten (10) days before the scheduled meeting. Such notice is not required by state statute and is provided as a courtesy to surrounding property owners (the surface estate). Inadvertent errors by the applicant in supplying such list or the Department of Planning Services in sending such notice shall not create a jurisdictional defect in the permit process, even if such error results in the failure of a surrounding property owner to receive such notification. The Department of Planning Services shall post a sign for the applicant on the property in question indicating that a MOBILEMANUFACTURED 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 MOBILEMANUFACTURED HOME on surrounding property. The Board of County Commissioners shall also consider whether the application has demonstrated compliance with the requirements of Subsections A through D above, as well as compatibility of the MOBILEMANUFACTURED HOME with the surrounding area, harmony with the character of the NEIGHBORHOOD, its effects upon the immediate area and the general health, safety and welfare of the inhabitants of the area and the COUNTY. H. A MANUFACTURED HOME permitted to be stored TEMPORARILY shall not have a-3 permanent foundation. Amend jSec. 23-4-165. REPEALED.{ -Repealed by Weld County Code Ordinance ). Amend Sec. 23-4-170. TemporaryAnnual accessory farming use. PAGE 216 2019-* ORD2019-02 4 Formatted: Justified, Indent: Left: 0", Hanging: 0.25", Widow/Orphan control, Keep lines together Formatted: Font: 12 pt Formatted: Normal, Indent: Left: 0", First line: 0", Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Font: Bold A. A zoning permit for the TEMP—OARYannual USE use of one (1) MOBILEMANUFACTURED4 HOME for an ACCESSORY farmFARMING USE, on a lotLOT in the A (Agricultural) Zone District, in addition to a principle dwell—u-n1tDWELLING UNIT, may be issued by the Department of Planning Services upon determination that: 1. The MOBILEMANUFACTURED HOME will be occupied by persons pr-ine+p-a-fly e-I-eye8PRINCIPALLY EMPLOYED at or principally engaged PRINCIPALLY ENGAGED in the operation of the USE where the MOB-I-LEMANUFACTURED HOME is located. ACCESSORY fawn -FARMING USE of the MOBILEMANUFACTURED 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 IVISBILEMANUFACTURED HOME occupant is p-ri-neipally—employecIPRINCIPALLY EMPLOYED at or engaged in the farmingFARMING operation on the subject property or is a caretaker or security personnel for the subject property. The evidence shall consist of tax records (W-2 forms), employment agreements or other documentation as determined suitable by the Department of Planning Services. Failure to submit the required documentation may result in cessation of the allowance of the MOBILEMANUFACTURED HOME for TEMPORARYannual ACCESSORY farmFARMING USE. 2. The MORI-LE-MANUFACTURED HOME is necessary for the effective and economic operation of the USE and/or protection of the agricultural USE. 3. The MOB,-LEMANUFACTURED HOME will not be used as an income source by the applicant for rental to persons who are not principally empleyedPRINCIPALLY EMPLOYED upon the LOT. 4. Adequate water and sewage disposal facilities are available to the MOBILEMANUFACTURED HOME. 5. REPEALED. The MOBILE HOME is not -the -first DWELLING UNIT on the -parcel of land. Where the MOBILE HOME-wi-fl be the first DWELLING UNIT on a parcel of -land, the MQ-B-tL-E HOME request shall follow the application proced-ores under -the prov-Isiens of Section 23 4 200 below. 6. The applicant mustshall obtain a BUILDING permit for the MOBILEMANUFACTURED HOME and comply with all installation standards of Chapter 29 of this Code. B. - No change. PAGE 217 2019-* ORD2019-02 Formatted: Keep lines together C. A zoning permit for more than one (1) MOBILEMANUFACTURED HOME in the A (Agricultural) Zone District as an ACCESSORY farm USE may be issued by the Department of Planning Services upon a determination that the criteria of Paragraphs A.1 through A.6 above and Section 23-4-230 below are met. If the applicant is not able to meet the criteria stated in Section 23-4-230 below, the zoning permit may be issued only upon approval by the Board of County Commissioners. The Board of County Commissioners shall review the application for compliance with the criteria set out in Paragraphs A.1 through A.6 above at a regularly scheduled meeting of the Board. The Board of County Commissioners shall give notice of the application for a zoning permit and the meeting date to those persons listed in the application as owners of property located within five hundred (500) feet of the parcel under consideration. Such notification shall be mailed, first-class, not less than ten (10) days before the scheduled meeting. Such notice is not required by state statute and is provided as a courtesy to surrounding property owners (the surface estate). Inadvertent errors by the applicant in supplying such list or the Department of Planning Services in sending such notice shall not create a jurisdictional defect in the permit process, even if such error results in the failure of a surrounding property owner to receive such notification. The Department of Planning Services shall post a sign for the applicant on the property in question indicating that a MOBILEMANUFACTURED 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 MOBILEMANUFACTURED HOME on the surrounding properties. In addition, the Board shall consider compatibility of the MOBILEMANUFACTURED 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 M-OBILEMANUFACTURED HOMES as ACCESSORY farmFARMING USES are TEMPORARYtemporary. Allowance of the MOBILEMANUFACTURED HOME shall be extended only if the USE continues to be in conformance with the criteria set out in Paragraph A.1 above. The OBI-LEMANUFACTURED HOME shall be removed from the property upon the cessation of the USE of the MOBILEMANUFACTURED HOME as an ACCESSORY farmFARMING USE or at any such time as the MOBILEMANUFACTURED HOME is used for other than the allowed USE. E. A MANUFACTURED HOME permitted for ACCESSORY FARMING USE shall not have a - permanent foundation. Amend Sec. 23-4-180. TTnm-poraryAnnual accessory use during medical hardship. a A. A zoning permit for the TEMPORARY useannual USE of a IVIOBILEMANUFACTURED HOME during a medical hardship on a lotLOT in the A (Agricultural) Zone District, in addition to the principal dwelling unitDWELLING UNIT, may be issued by the Department of Planning Services upon a determination that: 1. A medical hardship exists in which the person to be living in the MOBILEMANUFACTURED 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. PAGE 218 2019-* ORD2019-02 Formatted: Justified, Indent: Left: 0", Hanging: 0.25", Widow/Orphan control, Keep lines together Format₹ed: Widow/Orphan control, Keep lines together Formatted: Keep lines together 2. — No change. 3. Adequate water and sewage disposal facilities are available to the MOBILEMANUFACTURED HOME. B. A MOBILEMANUFACTURED HOME zoning permit for TEMPORARY ACCESSORY USE during a medical hardship in the A (Agricultural) Zone District may be issued by the Department of Planning Services upon a determination that the criteria of Paragraphs A.1 through A.3 above and Section 23-4-230 below are met. If the applicant is not able to meet the criteria stated in Section 23-4-230 below, the Board of County Commissioners shall review the application for compliance with the criteria set out in Paragraphs A.1 through A.3 above at a regularly scheduled meeting of the Board. The Board of County Commissioners shall give notice of the application for a zoning permit and the meeting date to those persons listed in the application as owners of property located within five hundred (500) feet of the parcel under consideration. Such notification shall be mailed, first-class, not less than ten (10) days before the scheduled meeting. Such notice is not required by state statute and is provided as a courtesy to surrounding property owners (the surface estate). Inadvertent errors by the applicant in supplying such list or the Department of Planning Services in sending such notice shall not create a jurisdictional defect in the permit process, even if such error results in the failure of a surrounding property owner to receive such notification. The Department of Planning Services shall post a sign for the applicant on the property in question indicating that a MOBILEMANUFACTURED 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 MOBILEMANUFACTURED HOME on the surrounding properties. In addition, the Board shall consider compatibility of the MOBILEMANUFACTURED 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 MOBILEMANUFACTURED HOMES during a medical hardship are TEMPORARYtemporary. Such permits shall be subject to review annually on the anniversary of the original permit's issuance. Such permits shall be extended only if the USE continues to be in conformance with the criteria set out in Subsection A above. Any permit for a medical hardship USE shall automatically expire, and the MOBILEMANUFACTURED HOME shall be removed upon cessation of the medical hardship or at any such time as the MOBI-LEMANUFACTURED HOME is used for other than the permitted USE. Amend Sec. 23-4-190. Temporary accessory use as office. a A. A zoning permit for the USE of one (1) MANUFACTURED STRUCTURE in the A (Agricultural) Zone District as an OFFICE USE/ -CONSTRUCTION TRAILER aecessoryACCESSORY to the USE allowed by right may be permitted upon a determination by the Department of Planning Services that: 1.thru 3. — No change. 4. No reasonable alternative is available to the applicant for an OFFICE USE/CONSTRUCTION TRAILER. 5. The applicant mu-stshall obtain a BUILDING permit for the MANUFACTURED STRUCTURE and comply with all installation standards of Chapter 29 of this Code. PAGE 219 2019-* ORD2019-02 Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together 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 Site Plan Review or Special Use Permit, as determined by the Planner. B. — No change. C A zoning permit for a MANUFACTURED STRUCTURE used as an accessory OFFICE/CONSTRUCTION TRAILER unit in the A (Agricultural) Zone District may be issued by the Department of Planning Services upon a determination that the criteria of Paragraphs A.1 through A.5 above and Section 23-4-230 below are met. If the applicant is not able to meet the criteria stated in Paragraphs A.1 through A.5 above, the zoning permit may be issued only upon the approval by the Board of County Commissioners. The Board shall review the application for compliance with the criteria set out in Paragraphs A.1 through A.5 above at a regularly scheduled meeting of the Board. The Board of County Commissioners shall give notice of the application for a zoning permit and the meeting date to those persons listed in the application as owners of property located within five hundred (500) feet of the parcel under consideration. Such notification shall be mailed, first-class, not less than ten (10) days before the scheduled meeting. Such notice is not required by state statute and is provided as a courtesy to surrounding property owners (the surface estate). Inadvertent errors by the applicant in supplying such list or the Department of Planning Services in sending such notice shall not create a jurisdictional defect in the permit process, even if such error results in the failure of a surrounding property owner to receive such notification. The Department of Planning Services shall post a sign for the applicant on the property in question indicating that a MANUFACTURED STRUCTURE has been requested for the property, the meeting date and telephone number where further information may be obtained. The sign shall be posted at least ten (10) days prior to the meeting date and evidenced with a photograph. The Board of County Commissioners shall consider any testimony of surrounding property owners concerning the effects of the MANUFACTURED STRUCTURE on the surrounding properties. In addition, the Board shall consider compatibility of the MANUFACTURED STRUCTURE with the surrounding area, harmony with the character of the NEIGHBORHOOD, its effects upon the immediate area, and the general health, safety and welfare of the inhabitants of the area and the COUNTY. D All MANUFACTURED STRUCTURES used as ACCESSORY OFFICE USES/CONSTRUCTION TRAILER to the principal USE in the A (Agricultural) Zone District are TEMPORARY -and -subject to -the req-uirements for -MOBILE --HOMES as stated -in Article tll, Division 3, and Article Ill, Division 4 of 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 USE/CONSTRUCTION TRAILER to the business, commercia1COMMERCIAL or industrial activity. The six-month limitation for this TEMPORARY uscUSE 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 a4 permanent foundation. A PAGE 220 2019-* ORD2019-02 4 Formatted: Justified, Indent: Left: 0", Hanging: 0.25", Widow/Orphan control, Keep lines together [Formatted: Font: 12 pt 1 Formatted: Normal, Indent: Left: 0", First line: 0", Keep lines together Amend Sec. 23-4-200. REPEALED. Principal -dwelling unit. A zoning permit for tie use of a MOB LE -OME as a principa DWEL_ \G UN, T in tie A4 (Agricultural) Zone District may be —issuer by tie Department of P-anning Services if the application meets the criteria stated in -Paragraphs A.1 through AA below and Section 23-4 230 of this Division. A. The Board of County -Commissioners shall hear the application at a regularly scheduled meeting of the Board, if -the application does not -meet the criteria -stated in Paragraphs 1 through ping 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 noti:ication sia be mare°, first c ass, not ess tian ten (' 9-) cays before tie sciecu ec meeting. Suci 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-s-uch-last or the D -anent of Planning Services in sending such notice sia not create a :uriscictiona cefect in tie permit process, even if such error results icl-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 HOME has -been -requested for the property, the meeting date and telephone number where further information may be obtainer. Tie sign sia be poste° at east ton (' 0) days prior to the -meeting --date and evidenced wit-h-a-p-h-otograph. The Board of County Commissioners shall consider any testimony of surrounding property owners concerning the effects -of the MOBILE HOME on surrounding property. The Board -of County Commissioners ermit for a MOBILE HOME as a p-ri-nci-pa-I--DW€LL I N G fT 1. Compatibility with surrounding area, harmony witi the character of the NEIGHBORHOOD and its effects upon the immediate area. 2. Compatibility with Chapter 22 of this Code. 3. Availability of adequate water and sewage disposal -facilities. e inhabi-an so e area anc he COUNTY. B. Only -one (1) zoning permit for a MOBILE HOME as- a DWELLING UN shall be -issued for each LEGAL LOT in the A (Agricuitu-raI) Zane D € MO -BI -LE or MANUFACTURED HOMES may —be connected or physically attached as a DWELLING UNIT. All requirements of Chapter 29 of -this Code shall be met. Amend Sec. 23-4-210. REPEALED.Repealed. Amend Sec. 23-4-220. Mo-hileManufactured homes in C or I Zone District. d A. A zoning permit for the USE of one (1) MOBILEMANUFACTURED HOME/MANUFACTURED-1 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 MOBILEMANUFACTURED HOME/MANUFACTURED STRUCTURE is necessary for the effective and economic operation of the business, COMMERCIAL or industrial activity. PAGE 221 2019-* ORD2019-02 Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Widow/Orphan control, Keep together lines ( Formatted: Keep lines together 2. The MOBILEMANUFACTURED HOME/MANUFACTURED STRUCTURE 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 MOBILEMANUFACTURED HOME/MANUFACTURED STRUCTURE. 4. The applicant mustshall obtain a BUILDING permit for the MOBILEMANUFACTURED HOME and comply with the installation standards of Chapter 29 of this Code. A zoning permit shall not be required for a MOBILEMANUFACTURED HOME/MANUFACTURED STRUCTURE in the Commercial or Industrial Zone Districts if such information is already reflected in an approved Site Plan Review or Special Use Permit, as determined by the Planner. B. The Department of Planning Services shall make its determination on the basis of a signed statement by the applicant that the requirements of this Section above are met, upon information contained in the application, and upon independent evidence as may be available or which the sta-ffDepartment of Planning Services may reasonably require. C. A zoning permit for mace than one (1) MOBILEMANUFACTURED HOME/MANUFACTURED 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 review the application for compliance with the criteria set out in Paragraphs A.1 through A.4 above at a regularly scheduled meeting of the Board. The Board of County Commissioners shall give notice of the application for a zoning permit and the meeting date to those persons listed in the application as owners of property located within five hundred (500) feet of the parcel under consideration. Such notification shall be mailed, first-class, not less than ten (10) days before the scheduled meeting. Such notice is not required by state statute and is provided as a courtesy to surrounding property owners (the surface estate). Inadvertent errors by the applicant in supplying such list or the Department of Planning Services in sending such notice shall not create a jurisdictional defect in the permit process, even if such error results in the failure of a surrounding property owner to receive such notification. The Department of Planning Services shall post a sign for the applicant on the property in question indicating that a MOBILEMANUFACTURED HOME/MANU-FACTUR-€D 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 shall consider any testimony of surrounding property owners concerning the possible effects of the MOBILEMANUFACTURED HOME/MANUFACTURED STRUCTURE on surrounding properties. In addition, the Board shall consider compatibility of the MOBILEMANUFACTURED 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. PAGE 222 2019-* ORD2019-02 D. All MOBILEMANUFACTURED HOMES/MANUFACTURED STRUCTURES as ACCESSORY USES to the principal USE in C or I Zone Districts are TEMPORARY and subject to the standardsrequirements-fer MOBILE HOMI= MANUFACTURED STRUCTURES as stated in Article III, Division 3 arid -or Article III, Division 4 of this Chapter. The MOBI-LEMANUFACTURED HOME shall be removed from the property upon the cessation of the USE of the MOBILEMANUFACTURED HOME/MANUFACTURED STRUCTURE as an ACCESSORY USE to the business, commercialCOMMERCIAL or industrial activity. The six month limitation for this TEMPORARY use may be extended in six month increments at the discretion of the Director of Planning Services uD to two (2) times, anc tlereapter by tie Boarc of County Commissioners. Amend Sec. 23-4-230. Delegation of authority. The Board of County Commissioners delegates the authority to issue a Zoning Permit for as MOBILE HOMEMANUFACTURED HOME, MANUFACTURED STRUCTURE, or occupied RECREATIONAL VEHICLE which otherwise requires the approval of the Board of County Commissioners through a public hearing process to the Department of Planning Services upon a determination by the Department that: A. — No change. B. The Department of Planning Services has sent notice and not received signed notification of< at least thirty percent (30%) of surrounding property owners within five hundred (500) feet of the subject property in opposition to the location of the MOBILE HOMEMANUFACTURED HOME, MANUFACTURED STRUCTURE, or occupied RECREATIONAL VEHICLE within twenty-eight (28) days. 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 MOBILE �. Any _notice_ not received -within twerr -e-fight--(2--) days shall be -deemed a positive response of said request Division 5 - Supplementary Regulations for Certain Uses by Special Review Amend Sec. 23-4-350. Livestock confinement operations. 4 A. Livestock Confinement Operations-(LCOs)LIVESTOCK CONFINEMENT OPERATIONS shall< be located at least fifty (50) feet from any state or federal highway right of-wayRIGHT-OF- WAY, subject to review by the Colorado Department of Transportation. B. and C. — No change. D. Concrete or other suitable aprons ADJACENTadjacent to the permanently affixed feed bunks, water tanks and feeding devices shall be provided. E. — No change. F. Drainage facilities or improvements shall be constructed to protect any ADJACENTadlacent rivers, streams or other bodies of water from pollution, as approved by the Colorado Department of Public Health and Environment. G. Additional submittal requirements for a Use by Special Review for a LIVESTOCK - CONFINEMENT OPERATION. In addition to the application requirements listed in Article II, Division 3, Hof this Chapter, the following information shall be submitted with the application for a LIVESTOCK CONFINEMENT OPERATION: 1. Maximum number of ANIMAL UNITS and species to be associated with the LIVESTOCK CONFINEMENT OPERATION. PAGE 223 2019-* ORD2019-02 Formatted: Widow/Orphan control, Keep lines together l Formatted: Keep lines together Commented [JF55]: Hanging not indented Formatted: Highlight Formatted: Indent: Left: 0", Hanging: 0.25", Keep lines together ( Formatted: Highlight (L Commented [JF56]: We should delete this sentence. I deleted it in one section but missed the others. Commented [JF57]: Moving this to first sentence to be consistent with other sections that didn't have it. Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together Formatted: Justified, Indent: Left: 0", Hanging: 0.25", Space After: 12 pt, Widow/Orphan control, Keep lines together Formatted: Highlight 2. Evidence that the facility has been registered as a Concentrated Animal Feeding Operation (CAFO' with the Colorado Department of Public Health and Environment. 3. A nuisance management plan. 4. A lighting plan. 5. A facility management plan. 6. A housing plan for employees (if necessary). 7. Evidence that proposed wastewater impoundments will meet the requirements of the Colorado Water Quality Control Commission Regulation Number 81 (5 CCR 1002-81), including but not limited to: a. Setbacks to water wells b. Separation from groundwater c. Impoundment liners meet seepage rate; and d. Impoundment wastewater storage capacity. Amend Sec. 23-4-360. Fer ze s -rage and saleOrganic fertilizer production and composting facilities. The storage and sale of fertilizer (organic), where the fertilizer is stored for longer than one4 (1) year, shall be regulated as set forth below: A. Storage of fertilizer shall not be permitted closer than fifty (50) feet to any PUBLIC right of ARIGHT -OF -WAY or LOT line. Remainder of Section — No change. Amend Sec. 23-4-370. Outdoor shooting ranges. 4 A. A Special Review Permit to operate an outdoor shooting—rangeOUTDOOR 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 usesUSES and the relevant provisions of Subsections B.2, C.2 through C.6 and D below. Review of the t constitute a major change from the Special Review Permit. The Department of Planning Services may waive the review if the surrounding property within one-half (1/2) mile has not significantly changed since the recording date of the original application. The applicant shall provide evidence for this determination. The operator, if he or she —chooses not to accept the staff determination under the Site Plan Review process, may request _la- .ie ma:.er be 0e:ermined lay -the Board of County Commissioners which shall hear the matter in accordance with the c-harge- PAGE 224 2019-* ORD2019-02 Formatted: Justified, Widow/Orphan control, Keep lines together Formatted: Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together B. Application for a Special Review Permit or Zoning Permit, as required in Article III of this Chapter, to operate an outdoor shooting rangeOUTDOOR SHOOTING RANGE shall be accompanied by the following information: 1. and 2. — No change. C. The following minimum standards shall apply to all outdoor shooting-rangesOUTDOOR SHOOTING RANGES: 1. REPEALED. Minimum land- requirements--s-h-aIl be -set-lay-the-Planning Commission -far each application. 2. thru 5. - No change. 6. In addition to firing lines or fields, adequate space for danger areas, parking, equipment, storage b -u leli-ngBUILDING, clubhouse and latrines shall be provided. D. thru E.3. - No change. 4. REPEALED.The trap field -ley -out shall meet the requirements of the American Trap Associ-ation. 5. REPEALED.The skeet field layout shall meet the requirements of the National Skeet Shooting Association Amend Sec. 23-4-380. Solid waste sites and facilities or hazardous waste disposal sites. A. Certificates of designation for solid or hazardous waste disposal sites and facilities as required - by Article VIII of Chapter 12, the Colorado Revised Statutes,. and the Code of Colorado Regulations shall not be deemed approved until or unless a Use by Special Review Permit has been approved by P -fanning Commission 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 and regulations contained inthe 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 Planning Commission and Board of County Commissioners shall be satisfied that a need exists as part of the determinations for any such permit. Amend Sec. 23-4-400. Kennels. A. and B. — No change. C. Drainage facilities or improvements shall be constructed to protect any A-NTadjacent rivers, streams or other bodies of water. Amend Sec. 23-4-410. D °,► .-mod ors- REPEALED. 4 The Planning Commission and Boarc of County Commissioners sia consieer tie -o owing criteria-i-n-making their determination in-,a-p-p-ro-'gig--cw--de ying a Special Review Permit for a DRIVE 1N THEATER in addition :o Nose cr.:er.a erumera_ec r Sec_.ors 23 2 220 A ana 23 2 230 B and --its imp-act-oniarime-ag-r-icu-1 u•ral-lan-d-wf$+ch-isr-dee-fined as soils with--agciet taral-c-apabtl-i y classifications of I, ll and Ill as Ind-. Service. PAGE 225 2019-* ORD2019-02 Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together Formatted: Widow/Orphan control, Keep lines together IFormatted: Keep lines together A. One (1) on site parking space shall be provided for each employee on duty. The peak B. A stack area capable o 113) as many cars as can be accommodated for waiting vehicles. C. Ticket gates shall be provided as follows: 1. One (1) ticket -date for a theater with a capacity up to three hundred (300) cars. 3. Three (3) ticket gates for a theater with a capacity up to eight hundred (800) cars. 4. Four (4) ticket gate for a th ater with a capacity up to one thousand (1,000) cars. D. Lighting. 1. All -outside lighting shall be arranged and shielded so as to prevent any -nuisance on 2. Exits and pedestrian passageways shall be adequately I the public. E. Access. 1. Each developed site shall have a minimum of two (2) acco& cs, but shall not have more than two (2) accesses onto any one (1) STREET, except that the Board of County Commissioners las tie rig it to prescribe accitiona access requirements if it is ceemec that a change in the location and number of accesses will reduce the possibilities of traffic hazards. 2. No cirect entrance to or exit from a DRIVE IN THEATER shall be permitted onto any =REEWAY or EXPRESSWAY as delinea_ed-on the County Thorough*a-re-Plan or on any state or local plans. 3. The accesses for the DRIVE IN THEATER shall be directly onto a paved road. 4. Acceleration and deceleration lanes and left turn lanes shall be provided when deemed necessary by the Board of County Commissioners to facilitate the continuous and safe ular access at all times. 6. Entrance and exit drives shall traffic. 7. Adequate site distance shall be provided at all access -points. F. Trash areas. 1. All outside trash, garbage and refuse areas shall be SCREENED. 2. Provision sia be mace for acequate ve iicu ar access to and from suc collection purposes G. Projection screens. 1. The projection screen shall be oriented so as to minimize the potential traffic hazard PAGE 226 areas or 2019-* ORD2019-02 2 . Constr-ucion-p l a n s for the --scce -screen shall be-piepared by-a-ce-rtif ied-e-ng Enesr-and said plan s shad -conform with the requirements of Chapter 29 of this Code. 3. The screen anc its supporting structure sia be resigned to withstand a wind pressure of at least twenty-five (25) pounds per square foot. H. Fire protection —Fire p-rotect on-sh-a-l-I-be provided -in accordance -with -the requirements of -the fire protection district having jurisdiction in the a-rea where the theater is to be located. I. Buffering. The DRIVE IN TH-EATER shall —be -adequately--lauffered—th-reug-h—the—use—of landscaping and fencing to minimize negative impacts on urrounding land USES. J. Health standards and regulations. The proposed facility shall comply with all State and County -Health Standards and Regulations. Amend Sec. 23-4-420. Ilc-utilities4a ltiesREPEALED. (Re-enacted as Subsection 23- a . 2-400.2. Applicants -for activities reviewed-p-u-rs-cent to -Article -HI Division 5 of this Chapter as MAJO-R4 FACILITIES OF PUBL C UT _ T ES s-ia 'lave tie burcien of oroof to cemonstrate hat here is a need for the-facitity-within the proposed area of service; and the Planning Commission sh-a-II be satisfied that a need exists as part of the determinations for any such permit. Division 6 - Wind Generators and Permitting Requirements Amend Sec. 23-4-450. Wind generator standards. WIND GENERATORS are allowed in certain zone districts as either accessory -4 usesACCESSORY USES, as principal or ACCESSORY USES subject to Zoning Permit for Wind Generator 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 GENERATORwind tower is measured from the surrounding ground toat the hub of the generator: Lot Size (Gross Acres) Table 23.3 WIND GENERATORS Accessory Use (Building Permit Rrequired only) Less than 2.49 Acres Up to 40 feet and rotor diameter 12 feet or less * 2.5 Acres - 4.99 Acres r Up to 60 feet and below and rotor diameter of 14 feet or less Zoning Permit for 1 Use -by -Special WIND GENERATOR Review Permit 41 - 60 feet 61-120 feet PAGE 227 Above 60 feet, or more a than 3 per LEGAL LOT Above 120 feet, or more than 3 per LEGAL LOT 2019-* ORD2019-02 L Formatted: Highlight Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together Formatted: Widow/Orphan control, Keep lines together l Formatted: Keep lines together J Formatted: Indent: First line: 0", Space After: 0 pt, Keep lines together Formatted: Widow/Orphan control, Keep lines together J Formatted: Font: 12 pt, Bold Formatted: Normal, Centered, Indent: First line: 0", Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Not Superscript/ Subscript Formatted: Widow/Orphan control, Keep lines together 5 Acres and Up to 120 feet and below and Above rotor diameter 25 feet or less 121-180 feet Above 180 feet, or more than 3 per LEGAL LOT * On I<otsLOTS less than 2.5 acres, the owner shall submit evidence to the Planning Department that the wind genera-terWIND GENERATOR can meet the se¢backsSETBACKS from property lines found in Subsection 23-4-450.D and E below. All WIND GENERATORS are subject to the following standards: A. and B. — No change. C. All WIND GENERATORS mustshall be set back from property lines, public rights of WayPUBLIC RIGHTS -OF -WAY and access easements of -a distance of at least one (1) times the height of the generator (as measured to the tip of the rotor blades). D. All WIND GENERATORS mustshall 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 theany property boundary. F. WIND GENERATORS mustshall be painted or coated a nonreflective white, grey or other neutral color. G. WIND GENERATORS mustshall not be artificially illuminated, unless required by the Federal Aviation Administration (FAA). H. Electrical controls mu-stshall be wireless or underground, and power lines mustshall be underground, except for an interconnection to an existing above -ground power grid. I. WIND GENERATORS are subject to the following noise limits (measured from the nearest property line from the WIND GENERATOR): 1. and 2. — No change. 3. Light Industrial (I -1 -Industrial): Sixty-five (65) decibels. 4. Industrial (1-2 and 1-3 Industrial): Seventy-five (75) decibels. J. — No change. K. WIND GENERATORS generating power as a commercial•COMUIERCIAL enterprise may be subject to regulation by the Colorado Public Utilities Commission. L. If proposing to interconnect to a utility company, the applicant shall provide to the Department of Planning Services a copy of a "letter of intent to interconnect-" or interconnection agreement signed by the utility company. Amend$Sec. 23-4-460. - Zoning Permit for Wind Generator permit application requirements: An application for a Zoning Permit for a WIND GENERATOR shall include the following: A. thru F. — No change. G. Elevation drawings of the proposed facility showing all towers, structuresSTRUCTURES and other improvements related to the facility, showing specific materials, placement and colors. PAGE 228 2019-* ORD2019-02 a Formatted: Widow/Orphan control, Keep lines together Formatted: Normal (Web), Justified, Keep lines together Formatted: Keep lines together Formatted: Font: Bold Formatted: Indent: First line: 0" Formatted: Font: Bold, Highlight Formatted: Font: Bold Formatted: Keep lines together H. Weld County Access Permit. I. A vicinity map showing a ,-aeen-tADJACENT properties, general land usesUSES, zoning and rcadwaysSTREETS/ROADS: 1. Within five hundred (500) feet of the proposed wind genera-to-rWIND GENERATOR site. J. A sketch plan of the site at the scale of one (1) inch represents fifty (50) feet, or other suitable scale to show: 1. The proposed location of the wind generators) WIND GENERATOR(S) and other support s-truct-u-r-esSTRUCTURES (guy wires), including distances from the property LOT lines, above -ground power lines and other STRUCTURES on the property. 2. — No change. 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 countyCOUNTY, state or federal •roadsS TREETS/ROADS or highways. 5. — No change. K. An application fee. An additional fifty ;50) percent of the application fee shall be added to the cost of the application fee if the USE is started prior to issuance of a permit. The payment of the investigation fee shall not relieve any persons from fully complying with the requirements of this Chapter, nor from any other penalties. L. — No change. M. REPEALED. Notification responses 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 -WI ND -G N-ERATOR(S). Amend Sec. 23-4-470. Delegation of authority. 9 The Board of County Commissioners delegates the authority to issue a zoning permit for a-; wind genera-tocVVIND GENERATOR which otherwise requires the approval of the Board of County Commissioners through a public hearing process to the Department of Planning Services upon a determination by the Department that: A. — No change. B. The Department of Planning Services has sent notice and has not received signed notification from at least thirty percent (30%) of surrounding property owners within five hundred (500) feet of the subject property in opposition to the location of the wind generatorWlND GENERATOR within twenty-eight (28) days. If -opposed, the -petition sh-all-i-nd+Gate that -the surrounding property owners who have signed the notification have objections to -the issuance of a zoning permit for the wind generator. Sec. 23-4-475. Notification and appeal of denial. PAGE 229 2019-* ORD2019-02 Q Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together • Formatted: Justified, Space After: 12 pt, Widow/Orphan control, Keep lines together A. Once an application that is subject of this Division 6 is deemed complete by the Department4 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 obect 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 obections 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. PAGE 230 2019-* ORD2019-02 Formatted: Justified, Indent: Left: 0", Space After: 12 pt, Widow/Orphan control, Keep lines together Formatted: Justified, Space After: 12 pt, Widow/Orphan control, Keep lines together 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 .urisdictional defect in the permit process even if such error results in the failure of a surrounding property owner to receive such notification. 8. If the applicant does not submit a written appeal within said ten (10) days, the denial shall be final. Division 7 - Temporary Seasonal StructtiresUses Amend Sec. 23-4-500. Intent and applicability. 4 A. The intent of the Temporary Seasonal UseTEMPORARY seasonal USE procedure is toco provide an administrative process for the regulation of seasonal usesUSES and accessory structuresACCESSORY STRUCTURES, including fruit and vegetable stands, and those for the sale of fireworks or Christmas trees. Other similar temporaryTEMPORARY seasonal usesUSES may be approved by the Director of Planning Services. B. Roadside stands shall be located not less than fifty (50; feet from any PUBLIC RIGHT-OF- WAY. Amend Sec. 23-4-510. Duties of Department of Planning Services. A. The applicant shall submit the application fee and infarmat-ion—required he&ei-n 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. B. — No change. C If the Department of Planning Services denies the Permit, the applicant may appeal in writing to the Director of Planning Services, within ten (10) days of receipt of the denial notice. A meetinghearing shall be scheduled with the Board of County Commissioners to provide the landowner an opportunity to appeal the denial, for good cause shown. If the landowner does not submit a written appeal, the denial becomes final. Amend Sec. 23-4-520. Application requirements for temporary seasonal use permit. The following supporting documentation shall be submitted as a part of the application: 4- 4 A. A TEMPORARY seasonal useUSE permit application form provided by the Department of Planning Services. B. — No change. C. A detailed description of the proposed USE, including the location of proposed parking areas or parking lotsPARKING LOTS, and evidence that the USE meets the requirements of the zone district. D. — No change. PAGE 231 2019-* ORD2019-02 Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together 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. thru H.3. — No change. 4. The location of all existing and proposed driveways and accesses associated with the parking lotsPARKING LOTS. 5. The names of any existing roadsSTREETS/ROADS or highways abutting the p -reposed property. 6. All existing structuresSTRUCTURES on the proposed property, proposed USE. 7. and 8. — No change. I. The application fee. lnvestigation-few-i -a ptiea-ble- An additional fifty (50) percent of the application fee shall be added to the cost of the application fee if the USE is started prior to issuance of a permit. The payment of the investigation fee shall not relieve any persons from fully complying with the requirements of this Chapter, nor from any other penalties. Division 8 - Second Single -Family Dwelling in the A (Agricultural) Zone District Amend Sec. 23-4-600. Permit requircmcntsREPEALED. No second SINGLE FAMILY DWELL!N G on a LEGA shall be allowed without first receiving an ar econd SINGLE FAMILY (Agricultural) Zone District is to pray LOT. Ar application for any zoning -permit for a secon e -n- DWE_ _G on a LEGAL LOT in the A regkiers to dwell on the same LEGAL A. Name, address and tel phone number of the applicant. above. an authorized agent signs, a - e ero au horization rom a Itcation form provided by the fee owners mus be inc ucec wi 1 that the signatory has legal authority of the partnership to sign for the corporation or pa4ne.r-ship and that the-Eorpecation or partfsrsh-ip-h-as the authority -to do business in the State. eperty for which the application is made. E. dumber of acres of the property. scale to shew- PAGE 232 2019-* ORD2019-02 4- 4 Formatted: Keep lines together Formatted: Highlight 1 Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together 1. The proposed location -of the second SINGLE FAMILY DWELLING, includi-ng distances from the property LOT lines and otier STRUCTURES on tie property. 2. Access to the second SINGLE FAMfLY DWELLING, indicating whether the access is existing or proposec. Access sia l be siown on the sketch plan and shall be shared to the extent possible. Existing accesses shall be preferred. 3. Location and measurements of any easements or rights -of way. 4. Amount of road frontages. S. Identification of a -n -y County, State or federal roads or highways. 6. Existing STRUCTURES on -the property. G. Evidence that a water su pp y of sufficient qua ity, quantity and dependabi ity wi be/is available ermi-t a -re examples -of evidence for -domestic use. H. A statement explaining that both the dwellings will/do have adequate means for the disposal of sewage in compliance with the requirements of tie uncerying zone afsfrict a-nc tie Department of Public Health-anc Environment, if aDo icab e. An existing septic system permit biityof sewage disposal to each proposed lot are examples of evidence -for -domestic use. I. An application fee, - J. The requirements of this Division require the applicant to provide a certified list of the names, address Assessor of the owners of property (the surface estate) within five iunc rec (500) feet of tie SINGLE FAMILY DWELLING shall be placed. The source of suci ist sia be tie recorcs o tie County Assessor, or an owners upeate from a -title or abstract company or attorney, derived from such records or from the records of the If the list was assembled from the records of the County Assessor, the applicant shalt -certify that such -list -was assembled within-tl y (30) days of the application submission date. K. Notification responses 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 second SINGLE- FAMILY DWELLING. L. A copy of a deed or legal instrument identifying the applicant's interest in the property under consideration. M. A certificate of conveyances norm orovicec oy tie Depart completed by a Title Insurance Or Abstract Company. N. A detailed description of the request and its purpose and benefits. O. A Weld County Access Permit — P. A Statement of Taxes from the County Treasurer -showing no delinquent -taxes for -the area referred to in the application materials, - Amend Sec. 23-4-610. Approval processREPEALED. PAGE 233 r will be residing in the second home. 2019-* ORD2019-02 4 Formatted: Widow/Orphan control, Keep lines together l A zoning permit fora —second SINGLE FAMILY DWELLING o -n a LEGAL LOT in the Aa e issue application meets the criter. A.1 through A.4 below and -Section 23 4 - part of a map or plan filed prior to adoption of any regulations controlling subdivisions. A. The Be -arc of County Commissioners sia lean tie aDalication at a regularly scheduled meeting of the Board -H-1 the application does not meet the criteria -stated in Subparagraphs 1 shall give notice of the application for a zoning permit and the meeting date to those persons 00) feet of the parcel under consideration. Sue -II -notification shall -be m -ailed, first-class, not less than ten (4$) days before the scheduled meeting. Such notice is not required by State statute and is provides as a courtesy to surrouncing property owners (tie surface estate). Inadvertent errors ch notice shall not create a jurisdictional defect in the -permit process, even if such error results Planning Services shall -post a sib -n -for the applicant -on the property in question -indicating that co The Board of County Commissio applications for a permit for a second SINGLE-FAMILY DWELLING: and its effects upon the immediate area. 2. Compatibility with Chapter 22 of this Code. 3. Availability of adequate water and sewage disposal facilities. t The general health, safety and we the NEIGHBORHOOD fare of the inhabitants of the area and the COUNTY. B. Only one (1) zoning permit for a seconc S NGLE FAIV LY DWELLING may be issued for each LEGAL LOT in the-A-(Agricu tura ) Zone District in tie County. Amend Sec. 23-4-620. Delegation of authorityREPEALED. 4 The Board of County Commissioner -s -delegates the authority to issue a Zoning Permit for a- Itural) Zone District, 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. Tie app icant is in comp lance wi:i tie criteria icentifiec in tils Division. B. Tie Department of P anning Services las sent notice and receivec signec notification of at least t 1#y —percent (30%*of surrounding property owners within five hundred (500) -feet of the subject property in opposition to the location of the second SINGLE FAMILY DWELLING. The have objections to the issuance of a zoning permit for the second SINGLE-FAMILY response of said request — PAGE 234 2019-* ORD2019-02 Formatted: Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together C. Construction -pursuant to -approval -of a Second Single -Family D-weI-Ii- on-ing Permit-shaI� commence within six (6) months from the date of approval, unless otherwise specified by the Board of County Commissioners when issuing the original Permit, or the Permit sh-a41be vacated. The Director shown, upon a written request by the landowner -- Sec. 23-4-630. Requirements for a second single-family dwelling. Q 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 ACodeChapter 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,CodeChapter requires approval of a Use by Special Review fora second SINGLE-FAMILY DWELLING, the process in Division 4 of Article II of this Code shall be followed. Division 9 - Miscellaneous Regulations Amend Sec. 23-4-700. Manufactured hornesREPEALED. A MANUFACTURED HOME does not require the approval of a zoning permit, unless on a4 temporary foundation. All structures meeting the definition of MOBILE HOME shall follow -tae zon-i-ag-pefm-it-requirements of -Division 3 in this Article -of -this Chapter - Amend Sec. 23-4-710. Livestock feeding performance standards. A. and B. - No change. C. The Department of Public Health and Environment will use the following performance standards to verify a complaint and evaluate the presence of a nuisance condition: 1. The property owner shall remove, handle and stockpile all manure in a manner that will prevent nuisance conditions. The manure piles shall not be allowed to exist or deteriorate to a condition that facilitates excessive odors, flies, insect pests or pollutant runoff. The manure storage site shall have a surface, in accordance with the ConfinedConcentrated Animal Feeding Operation Control Regulations, which does not permit seepage or percolation of manure pollutants into the ground. 2. thru 5. - No change. 6. All runoff retention and containment facilities shall meet and be maintained in accordance with the Colorado Department of Health's Con-finedConcentrated Animal Feeding Operation Control Regulation (5 CCR 10024981). The property owner shall be responsible for any additional requirements issued by the Colorado Department of Health, Water Quality Control Division, or the County Department of Public Health and Environment. Remainder of Section — No change. PAGE 235 2019-* ORD2019-02 4 Formatted: Justified, Space After: 12 pt, Widow/Orphan control, Keep lines together Formatted: Justified, Indent: First line: 0.25", Space After: 12 pt, Widow/Orphan control, Keep lines together Formatted: Highlight J l _ Formatted: Highlight Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together Division 10 - Antennas and Towers Amend Sec. 23-4-800. Purpose. @- The purpose of this Division is to accommodate the increasing wireless communication needs of County residents, businesses and visitors while protecting the public health, safety, general welfare and visual environment of the County by: A. thru C. — No change. D. Reducing the number of TELECOMMUNICATION ANTENNA TOWERS needed to serve the County by requiring TELECOMMUNICATION ANTENNAS to be placed on existing structuresSTRUCTURES 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 structuresSTRUCTURES and existing buildingsBUILDINGS and TELECOMMUNICATION ANTENNA TOWERS. Amend Sec. 23-4-805. Definitions. a For the purposes of this ChapterDivision 10, certain terms or words used herein shall be4 interpreted as defined in this --Section 23-1-90. The Fo owing specific worcs ano phases, wren ,appoarir-g--in-t-his Chapter in -upper -case -letters, shall have -the -meanings -stated in this Section--- CELL ON WHEELS (COW): A portable mobile-ceftular site that-p-rovides temporary (up te4 inimal or compromised. CO LO -GA -TI -ON : Locating TELECOMMUNICATION ANTENNAS or other wireless communicatie NONCOMMERCIAL TOWER : Any mast or pole taller than forty (40) feet and permanently attached t definition to evision (-O-V) recep_ion, siort wave racio, ci_izens bane racio, wire ess Internet and cell phone range extension, for example. TELECOMMUNICATION ANTENNA : An exterior transmitting or receiving cevice usec in telecommunications that radiates or captures telecommunication signals. T€L€COMMUNICATION AN-TENNA, ATTACHED : An antenna mounted on an--e-xi-sting bui sing, si o, smo<estacic, water tower, uti ity or Dower pole or a support structure other than -a TELECOMMUNICATION ANTENNA TOWER. TELECOM ENNA, CONCEALED : An antenna with a support structure that S TOWERS from public view in -,a manner appropriate to the site's context and surrounding environment. Examp es oz concea ec antennas inc uce man made trees, clock towers, flagpoles, light structures, steeples and similar -objects. TELECOMMUNICATION ANTENNA SETBACK -The distance -between a propee lane -a -n -d the footprint of the antenna structure, including antennas, reflectors, dishes and other appurtenances. PAGE 236 2019-* ORD2019-02 Formatted: Widow/Orphan control, Keep lines together { Formatted: Keep lines together Formatted: Widow/Orphan control, Keep lines together l Formatted: Keep lines together view --in all zono distr-iets— TEL E GOMMUAJGA TION ANTENNA TOWER----Any—st-ru ct u re that —is d-es-igned and constructed primarily for the purpose of supporting one (1) or more antennas, i-ncludin-g camouflaged, --lattice, guy —car —monopole TELECOMMUNICATION ANTENNA TOWERS. This includes rac.o anc :e ev.s'or :ransrr'ss'on, m'crowave, and common -carrier, personal common-ication-s service (PCS), cellular telephone, _ and/or alternative YE—L-ECOMMUNICATION ANTENNA TOWERS, and the like. This definition does not incl-ude- any structure -erected solely for a residential, noncommercial individual use, such as television antennas, satellite dishes or amateur (HAM-) radio antennas, including, but not —limited to —AMATEUR RADIO ANTENNA/TOWERS. TELECOMMUNICATION ANTENNA TOWER HEIGHT: The distance from the finished grade at the TELECOMMUNICATION ANTENNA TOWER base to the highest --point of the TELECOMMUNICATION AN I NNA I OWl R. Overall I Lk TOWER height i-n-oludes the base -pad, mou-n ing-str-uctu-res and panel antennas but -excludes lig-htn-i-ng rods and whip antennas. T€L€COMMUNICATION FACILITIES : Include TELECOMMUNICATION ANTENNA; TE-LECOMMU-N-IG-A-TION ANTENNAS, ATTACHED; TELECOMMUNICATION ANTENNAS, CONCEA_ED; and ELECOVVUN-CAT ON ANTENNA TOWERS. Amend Sec. 23-4-810. Preferred order for locating Telecommunication Facilities. The order of preference for locating new permanent TELECOMMUNICATION FACILITIES is4 from most preferred to least preferred and based on economic and technical feasibility: A. thru C. — No change. D. TELECOMMUNICATION ANTENNA TOWER. New TELECOMMUNICATION ANTENNAS mustshall 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. Amend Sec. 23-4-820. General requirements. d A. TELECOMMUNICATION FACILITIES on Residential Properties. TELECOMMUNICATION - FACILITIES may not be placed on properties or buildingsBUILDINGS used primarily for residential purposes. This does not apply to buildi-ngsBUILDINGS containing eight (8) or more dwelling -u-n-i-tsDWELLING UNITS or farms and ranches containing dwelling--u,DWELLING UNITS. B. TELECOMMUNICATION FACILITIES are allowed as a useUSE by right or accessory use ACCESSORY USE on a property as follows: 1. REPEALED. TELECOMMUNICATION ENNA, CO ANTENNA, ATTACHED AND NICEALED are permi ed by administr 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 usesresidential USES). 3. TELECOMMUNICATION ANTENNA TOWERS are permitted either as a useUSE by right, accessory useACCESSORY USE, zoning permit, or Use by Special Review in the following zone districts: C, I, A and PUD (with Commercial or Industrial usesCOMMERCIAL or industrial USES). PAGE 237 2019-* ORD2019-02 Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together Formatted: Widow/Orphan control, Keep lines together ( Formatted: Keep lines together C. Accessory usesACCESSORY USES to a TELECOMMUNICATION ANTENNA AND TELECOMMUNICATION ANTENNA TOWER shall not include officesOFFICES, broadcast studios, long-term vehicle storage or other outdoor storag-eOUTDOOR STORAGE, or other usesUSES not needed to send, receive or relay transmissions. Amend Sec. 23-4-830. Standards for Telecommunication Antenna Towers. 4- A. TELECOMMUNICATION ANTENNA TOWERS are allowed as a useUSE by right, accessory4 usesACCESSORY 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 structuresSTRUCTURES and panel antennas, but excludes lightning rods and whip antennas. Table 23.4 TELECOMMUNICATIONS ANTENNA TOWERS Use by Right or Accessory Use Up to 35 feet in height Zoning Permit for TELECOMMUNICATIONS ANTENNA TOWER 4 Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together Formatted: Font: 12 pt `` Formatted: Normal, Indent: Left: 0", First line: 0", t Keep lines together Use by Special Review Permit approval required > 35 feet up to 70 feet in height Greater than 70 feet in height I r .- 4,, B. Radial Spacing. TELECOMMUNICATION ANTENNA TOWERS over thirty-five (35) feet high mustshall be located at least one thousand (1,000) feet from other TELECOMMUNICATION ANTENNA TOWERS over thirty-five (35) feet high that are capable of supporting TELECOMMUNICATION FACILITIES. Closer spacing between TELECOMMUNICATION ANTENNA TOWERS may be granted through the Use by Special Review process. This radial spacing requirement does not apply to facilities located at designated antenna farms. C. In addition to meeting the Use by Special Review standards set forth in Article II, Division 5 of this Chapter or the Zoning Permit for Telecommunication antenna tower permit application requirements set forth in Section 23-4-870, the applicant shall submit documentation addressing the following standards: 1. thru 4.a. — No change. b. The TELECOMMUNICATION ANTENNA TOWER owner modifies the structureSTRUCTURE in a way to make CO -LOCATION impractical or impossible. c. If approval is revoked, the facility mustshall be removed at the owner's expense. 5. thru 13. — No change. PAGE 238 2019-* ORD2019-02 Formatted: Font: Bold Formatted: Widow/Orphan control, Keep lines together Formatted: Normal, Centered, Indent: Left: 0", First line: 0", Keep lines together Formatted: Widow/Orphan control, Keep lines together IFormatted: Widow/Orphan control, Keep lines Ltogether Formatted: Keep lines together D. TELECOMMUNICATION ANTENNA TOWER and Equipment SetbasksSETBACKS and OFFSETS. 1. TELECOMMUNICATION ANTENNAS, ATTACHED and other appurtenances may encroach up to two (2) feet into the minimum building setbacksBUILDING SETBACKS and OFFSETS in the underlying zoning district UNDERLYING ZONING DISTRICT, but mustshall not extend over propertyLOT lines. 2. Minimum sctbacksSETBACKS and OFFSETS for TELECOMMUNICATION ANTENNAS, CONCEALED are the same as the minimum building setbacksBUILDING SETBACKS and OFFSETS in the underlying zoning districtUNDERLYING ZONING DISTRICT. 3. Minimum setbacksSETBACKS and OFFSETS for TELECOMMUNICATION ANTENNA TOWERS are as follows: a. From pro-pertyLOT lines of properties in the Al C, I and PUD (with Commercial or industrial usesCOMMERCIAL or industrial USES) zones: one hundred percent (100%) of the TELECOMMUNICATION ANTENNA TOWER HEIGHT but not less than minimum bu-ird-ing setbacksSETBACKS and offsetsOFFSETS in the underlying zone d-istr+ctUNDERLYING ZONING DISTRICT. b. From subdivision exemption boundaries for temporary usenon-permanent USE of a parcel for Telecommunication Antenna Tower Facilities in the Al C, I and PUD (with Commercial or Industrial usesCOMMERCIAL or industrial USES) zones: one hundred percent (100%) of the TELECOMMUNICATION ANTENNA TOWER HEIGHT but not less than minimum building offsetsSETBACKS and OFFSETS in the underlying zone d1s ictUNDERLYING 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 canmay provide stamped documentation from an engineer licensed to practice in the state demonstrating that the tower and debris witlwould fall completely within the boundary of the subdivision exemption. 4. Guy wires and equipment buildingsBUILDINGS and cabinets. No part of the TELECOMMUNICATION ANTENNA TOWER system, including any guy wire anchors, shall extend closer to the property boundary than minimum building setbacksBUILDING SETBACKS and offsetsOFFSETS in the underlying zone districtUNDERLYING ZONING DISTRICT. E. Equipment Design. 1. A TELECOMMUNICATION ANTENNA, ATTACHED on a roof may extend up to fifteen (15) feet over the height of the buildtngBUILDING or st-ructureSTRUCTURE and may exceed the underlying zog-districtUNDERLYING ZONING DISTRICT height limitation. TELECOMMUNICATION ANTENNAS, ATTACHED mounted on a buildingBUILDING or structureSTRUCTURE wall mus-tshall be as flush to the wall as technically possible, and mustshall not project above the top of the wall, and mustshall be located, painted and/or screened to be architecturally and visually compatible with the wall to which it is attachedbu4ding it is atta-c- ed-to. 2. TELECOMMUNICATION ANTENNA TOWERS should be painted or coated in earth -tone colors that blend, to the extent possible, with the surrounding build-ingBUILDING and natural environment, unless State or federal regulations require specific colors. PAGE 239 2019-* ORD2019-02 3. TELECOMMUNICATION ANTENNA TOWERS mustshall not be artificially lighted unless required by the FAA or other State or federal agency. Security lighting on the site may be mounted up to twenty (20) feet high and mustshall be directed toward the ground to reduce light pollution, prevent offsite light spillage and avoid illuminating the TELECOMMUNICATION ANTENNA TOWER. 4. Equipment buildingsBUILDINGS mustshall be compatible with the architectural style of the surrounding buildingBUILDING environment with consideration given to exterior materials, roof form, scale, mass, color, texture and character. Equipment builigsBUILDINGS mutshall be constructed with materials that are equal to or better than the materials of the principal usePRINCIPAL BUILDING. Equipment cabinets mustshall be located, painted and/or screened to be architecturally and visually compatible with the surrounding buildingBUILDING and natural environment. 5. The maximum permissible noise level shall adhere to the maximum permissible noise levels allowed in the underlying zone districtUNDERLYING ZONING DISTRICT as delineated in Chapter 14, Article IX of this Code. F. Base or Accessory Site Design. 1. If determined to be required by either the Director of the Department of Planning Services or the Weld County Board of Commissioners in the course of processing a Zoning Permit for a Telecommunication Antenna Tower Facility or Use by Special Review Permit, screeningSCREENING and landscaping appropriate to the context of the site and in harmony with the character of the surrounding environment may be installed when any part of the facility is visible from public rights-of-wayPUBLIC RIGHTS -OF -WAY or adjacentADJACENT properties. 2. — No change. 3. Signage at the site is limited to nonilluminated warning and equipment identification signsIDENTIFICATION SIGNS. This does not apply to concealed antennas incorporated into freestanding ignsFREESTANDING SIGNS. 4. TELECOMMUNICATION ANTENNA FACILITIES, except those in the C and I zones, mustshall not include manned offices -OFFICES, long-term vehicle storage or other outdoor storage, or other uses not needed to send, receive or relay transmissions. G Abandonment. If the Use by Special Review has not commenced within three (3) years from the date of approval, or is discontinued for a period of three (3) consecutive years, it shall be presumed inactive or abandoned. The COUNTY shall initiate an administrative hearing to consider whether to grant an extension of time to commence the useUSE or revoke the useUSE. If the useUSE is revoked, it shall be necessary to follow the procedures and requirements of this Division in order to reestablish any subsequent UseUSE by Rright or Use by Special Review. Upon the determination that the useUSE has been abandoned, the facility owner has ninety (90) days to re -use the facility or transfer the facility to another owner who will re -use it or remove the facility. Evidence of such shall be provided, in writing, to the Department of Planning Services. Remainder of Section — No change. Amend Sec. 23-4-840. Supplemental Use by Special Review Permit application requirements for Telecommunication Antenna Towers. PAGE 240 2019-* ORD2019-02 4 Formatted: Widow/Orphan control, Keep lines together A. Application Contents. In addition to requirements outlined in Article II, Divisions 3 through 5-4 of this Chapter, applications for administrative or Use by Special Review approval of proposed TELECOMMUNICATION FACILITIES, and additions or modifications to existing facilities, m-ustshall include the following; 1. A Site Plan showing the location and legal description of the site; on -site land usesUSES and zoning; adjacent ce.a4wa-ysSTREETS/ROADS; parking and access; areas of vegetation and landscaping to be added, retained, replaced or removed; setbacksSETBACKS from property lines; and the location of the TELECOMMUNICATION FACILITY, including all related improvements, building-sBUILDINGS and equipment. 2. A vicinity map showing adjacentADJACENT properties, general land usesUSES, zoning and roadwaysSTREETS/ROADS: a. thru c. — No change. 3. Elevation drawings of the proposed TELECOMMUNICATION FACILITY showing all TELECOMMUNICATION ANTENNAS, TELECOMMUNICATION ANTENNA TOWERS, structuresSTRUCTURES, equipment buildinsBUILDINGS and cabinets, fencing, sir-ee-n+ngSCREENING, landscaping, lighting and other improvements related to the facility, showing specific materials, placement and colors. 4. — No change. 5. A report describing the TELECOMMUNICATION FACILITY and the technical need and other reasons for its design, height and location; the need for the TELECOMMUNICATION FACILITY and its role in the network; and the capacity of the structu-reSTRUCTURE, including the number and type of antennas it can accommodate. 6. The FAA response to the Notice of Proposed Construction or Alteration (FAA Form 7460- 1 or equivalent), if the facility is located near an ai o4AIRPOR T or a flight path. 7. If landscaping/screen-ingSCREENING is required by the Department of Planning Services the applicant is responsible for landscaping, screeningSCREENING, site maintenance and the replacement of dead plant material. 8. A schedule for the installation of landscaping and screeni-gSCREENING, if applicable. 9. thru 11. — No change. B. TELECOMMUNICATION FACILITY Inventory. The first application for a proposed TELECOMMUNICATION FACILITY by a provider mustshall include a detailed inventory of all the provider's existing and approved TELECOMMUNICATION FACILITIES within the County, all incorporated areas within the County, and one (1) mile beyond the County border, including Wyoming. Amend Sec. 23-4-870. Zoning Permit for Telecommunication Antenna Tower permit< application requirements. An application for a Zoning Permit for a TELECOMMUNICATION ANTENNA TOWER shall - include the following: A. thru E. — No change. F. Elevation drawings of the proposed TELECOMMUNICATION FACILITY showing all TELECOMMUNICATION ANTENNA TOWERS, structuresSTRUCTURES and other improvements related to the TELECOMMUNICATION FACILITY, showing specific materials, placement and colors. PAGE 241 2019-* ORD2019-02 Formatted: Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together G. — No change. H. A vicinity map showing ad},acentADJACENT properties, general land usesUSES, zoning and roadwaysSTREETS/ROADS: 1. — No change. I. A sketch plan of the site at the scale of one (1) inch represents fifty (50) feet, or other suitable scale, to show: 1. The proposed location of the TELECOMMUNICATION ANTENNA TOWERS and other support structuresSTRUCTURES (guy wires), including distances from the property LOT lines, above -ground power lines and other STRUCTURES on the property. 2. — No change. 3. .An access is or can be made available that provides for safe ingress and egress to a PUBLIC STREET/ROAD. All accesses shall be in accordance with the access requirements set forth in this Code. 4. Identification of any CountyCOUNTY, State or federal roadsSTREETS/ROADS or highways. 5. — No change. 6. A site detail of TELECOMMUNICATION ANTENNA TOWER and encumbrances/ support structuresSTRUCTURES. J. — No change. K. A statement describing the TELECOMMUNICATION FACILITY and the technical need and other reasons for its design and location; the need for the TELECOMMUNICATION FACILITY and its role in the network; and the capacity of the structureSTRUCTURE, including the number and type of antennas it can accommodate. L. The FAA response to the Notice of Proposed Construction or Alteration (FAA Form 7460-1 or equivalent), if the facility is located near an a-irptAIRPOR T or a flight path. M. A schedule for the installation of landscaping and sereeningSCREENING, if applicable. N. If landscaping/screeningSCREENING is required by the Department of Planning Services, the applicant is responsible for landscaping, screeningSCREENING, site maintenance and the replacement of dead plant material. O. thru Q. — No change. R. TELECOMMUNICATION FACILITY Inventory. The first application for a proposed TELECOMMUNICATION FACILITY by a provider shalimust include a detailed inventory of all the provider's existing and approved TELECOMMUNICATION FACILITIES within the County, all incorporated areas within the County, and one (1) mile beyond the County border, including Wyoming. S. An application fee. An additional fifty (50) percent of the application fee shall be added to the cost of the application fee if the USE is started prior to issuance of a permit. The payment of the investigation fee shall not relieve any persons from fully complying with the requirements of this Chapter, nor from any other penalties. T. and U. — No change. V. The names and addresses of any owner, operator, or user of any irrigation ditch, lateral, or pipeline that traverses the property. PAGE 242 2019-* ORD2019-02 Amend Sec. 23-4-892. Addition of Equipment on Existing Telecommunication Toweri Facilities. Addition of equipment onto existing Telecommun-ication Towere facilitiesTELECOMMUNICATION FACILITIES (including existing nonconforming antenna tower facilities) shall not require a new or amended Use by Special Review Permit, Site Plan Review or Zoning Permit for a Telecommunication for Antenna Tower if the tower e-i-htTELECOMMUNICATION ANTENNA TOWER HEIGHT remains unchanged, the coverage area and communication reception for existing facilities are not impacted, and the area occupied by the T-e-lecommunications tower TELECOMMUNICATIONS ANTENNA TOWER and accessory equipment does not expand. B. Other additions of equipment onto existing Te-Ieeomna-unication Tower facilitiesTELECOMMUNICATION FACILITIES (including existing nonconforming antenna tower facilities) that extend the tower he4ghtTELECOMMUNICATION ANTENNA TOWER HEIGHT and/or expand the area occupied by the towerTELECOMMUNICATIONS 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) will be required or a new Zoning Permit for a Telecommunication Antenna Tower Facility RP--17-)-will be required. Amend Sec. 23-4-894. Subdivision Exemptions for Changes to Existing Telecommunication Tower Facilities. fot-A new or amended Subdivision Exemption is not required if not expanding ground area of the - Telecommunication TowerTELECOMMUNICATIONS ANTENNA TOWER site or if not extending the height of towerTELECOMMUNICATION ANTENNA TOWER HEIGHT and the coverage area and communication reception for existing facilities are not impacted. Subdivision Exemption requirements are delineated in Chapter 24, Section VIII of the Weld County Code. Amend Sec. 23-4-895. Requirements for Noncommercial Towers. NONCOMMERCIAL TOWERS shall be subject to the following requirements: A. — No change. B. NONCOMMERCIAL TOWER components, including any and all antennas, appurtenances, cables, guy wires or structural supports, shall be subject to the front, side and rear se baokSETBACK requirements for accessory structuresACCESSORY STRUCTURES for the zone district in which the tower is located. This provision shall not apply to the tower itself. NONCOMMERCIAL TOWERS mustshall be set back from any existing or planned overhead transmission lines a distance greater than the height of the tower. — No change. No NONCOMMERCIAL TOWER may exceed the number aS a useUSE 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 alimore of the following areas, the NONCOMMERCIAL TOWER is subject to additional review and approval by the appropriate agency: 1. Within two (2)Two miles fromof any military installation. PAGE 243 C. D. E. 2019-* ORD2019-02 4 Formatted: Widow/Orphan control, Keep lines together r Commented [JF58]: Hanging not indented 1 Formatted: Highlight • _ Formatted: Keep lines together f _ Formatted: Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Indent: Left: 0", First line: 0", Keep lines together, Tab stops: 0.25", Left Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together 2. Within the A -P (Airport) Zoning Overlay District described in Division 1, Article V, of this ,CodeChapter. 3. Within the Geologic Hazard Dev pment-are sGEOLOGIC HAZARD AREAS as defined by Section 23-1-90 ofthe this Code 4. No facilities will be permitted within: a. and b. — No change. c. All floodwaysFLOODWAYS, as defined by Section 23-1-90 of this Code. G. Prior to the issuance of a land use permit for any NONCOMMERCIAL TOWER, the applicant shall provide the following: 1. and 2. — No change. 3. A scaled Site Plan drawing of the subject property, showing all property lines, the location of all existing structurcsSTRUCTURES, and the proposed location of the tower, including the location of cables, guy wires or other structural supports. 4. The applicant is toshall 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 s-tructu-reSTRUC I URE we-reis located within an cstablishedthe A -P (Airport) Zoni g Overlay District. Towers farther than twenty thousand (20,000) feet to the nearest point of the nearest runway of any AIRPORT for both public airports -rand any established -private airport -are automatically exempt from any review. Other exemptions are based on tower distance, tower height, ground height and building-sBUILDINGS between the tower and the airportAIRPORT, and length of airportAIRPOR T runway. 5. The application fee. 00. Investigation fee, if applicable. An additional fifty (50) percent of the application fee shall be added to the cost of the application fee if the USE is started prior to issuance of a permit. The payment of the investigation fee shall not relieve any persons from fully complying with the requirements of this Chapter, nor from any other penalties. Amend Sec. 23-4-896. Cell on Wheels (COW). 4 4 A -Any CELL ON WHEELS (COW) facility shallmust be approved by the Board of County-* Commissioners prior to placement. COW facilities are not considered to be permanent uses &USES and may be allowed by the Board of County Commissioners to remain on a site for a period not to exceed one (1) year. Division 11 - Semi -Trailers as Accessory Storage Amend Sec. 23-4-900. Intent and applicability. PAGE 244 2019-* ORD2019-02 Formatted: Highlight Formatted: Keep lines together Formatted: Highlight Formatted: Keep lines together Formatted: Indent: Left: 0", First line: 0.25", Keep lines together Formatted: Highlight Formatted: Widow/Orphan control, Keep lines together i A. One (1) semi -trailer used as accsory storage -on lots in an approved or recorded subdivision [Formatted: Keep lines together plat, or LOTS which are part of a ma -p -or plan filed prior to the adoption of any regulations cotrolling subdivisions in the A (Agricultural) Zone District, may be permitted th-roug-h issuance of Permit for a Semi Trailer as Acct.. gory Storage. (No zoning permit is required for up-to-twoR}-semi-trailers used for accessary --storage on ---agricultural parcel-s-n-ot--in-an approved or recorded subdivision plat, or LOTS which are part of a map or plan filed prior to the adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District. Additional -semi trailers used as -accessory storage may be allowed on various other lot sizes and -types, as described in Subsection 23 3 40.0 of this Chapter) -Where a SEMI -TRAILER as ACCESSORY storage is permitted in Article HI 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. Q 2. The SEMI -TRAILER will not be USED on any basis for anything other than storage of goods. 3. The property upon which the SEMI -TRAILER is located is a LEGAL LOT. 4. No structural component of the SEMI -TRAILER will be removed if it would result in the SEMI -TRAILER being unmovable. 5. The SEMI -TRAILER shall not be allowed to deteriorate into a state of disrepair. Such disrepair would include, but not be limited to, a SEMI -TRAILER partially or totally damaged by fire, earthquake, wind or other natural causes, or a SEMI -TRAILER in a state of general dilapidation, deterioration or decay resulting from a lack of maintenance, vandalism or infestation with vermin or rodents. Any such SEMI -TRAILER shall be restored to and maintained in the original condition upon being placed on the site or shall be removed from the site. 6. The SEMI -TRAILER shall be removed from the property upon cessation of such USE. 7. The SEMI -TRAILER shall not in any manner be USED to display SIGNS. 8. The SEMI -TRAILER is compatible with the surrounding area. 9. The SEMI -TRAILER has current registration and license plates. 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. B. When required, a Zoning Permit for a Semi Trailer as Accessory Storage may be permitted for -the purpose o• storing agricuIturat-roods-- and -non agricultu-r-at-€goad-i-ns-ide-the u nit up on a determination that: 1. Electricity is the only utility which will be connected to the semi trailer used for accessory storage. 2. The sem1i-t-railer used -for accessory storage -will not be used -ems -,any --basis as a DWELLING or as overnight or temporary housing -for an-y-p-e-rson. 3 --The property upia whir -h -the semi trailer used -for accessory storage is located is a LEGAL LOT. PAGE 245 2019-* ORD2019-02 Formatted: Indent: Left: 0.25", Keep lines together • 1 Formatted: Highlight ( Formatted: Keep lines together • �. No structural componwit of -the semi trailer used -for accessory storage wi-H be removed 5. The semi trailer use of -disrepair. Such disrepair would include, but not be limited-tora semi trailer for accessory storage p e -f- tonance, vandalism or-i-nfesta-ti-on with vermin or rodent: n cta scmi-traile-r shall be restored to and maintained in the original condition upon being placed on the site or shall be removed from the site. 6. The semi trailer used for accessory storage will be removed from the property upon cessation -of such USE. 7. The semi trailer used for accessory storage will not in any m. signs. 8. The semitrailer used for accessory storage is comp -at -Hale -with -the sur-cou n d4-ng-area . Amend Sec. 23-4-910. Semi -trailer as accessory storage permit requirements. An application for a Zoning Permit for a as ACCESSORY storage shall include the following: A. thru F. — No change. G. Evidence that the semi trailerSEMI-TRAILER is currently licensed. H. — No change. I. A sketch plan of the site at the scale of one (1) inch represents fifty (50) feet or other suitable scale to show: 4 &SEMI-TRAILERI 1. The proposed location of the semi-trailerSEMI-TRAILER, including distances from the property LOT lines and other STRUCTURES on the property. 2. Access to the semi-trailerSEMI-TRAILER, including distances from the property LOT lines and other STRUCTURES on the property. 3. - No change. 4. Amount -of -road frentages.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 countyCOUNTY, state or federal roadsSTREETS/ROADS or highways. 6. — No change. J. An application fee. An additional fifty (50) percent of the application fee shall be added to the cost of the application fee if the USE is started prior to issuance of a permit. The payment of the investigation fee shall not relieve any persons from fully complying with the requirements of this Chapter, nor from any other penalties. PAGE 246 2019-* ORD2019-02 Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together K. A certified list of the names, addresses and the corresponding Parcel Identification Number assigned by the County Assessor of the owners of property (the surface estate) within five hundred (500) feet of the property lines of the parcel on which the semi-trailerSEMI-TRAILER will be placed. The source of such list shall be the records of the County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records or from the records of the County Clerk and Recorder. If the list was assembled from the records of the County Assessor, the applicant shall certify that such list was assembled within thirty (30) days of the application submission date. L REPEALED. (See Section 23-4-900.)This zoning —permit shall —riot be--fra`ns-fe le —by —t -he applicant and/or owner to any successor; the zoning -permit shall -terminate automatically -upon conveyance or lease of the property. Amend Sec. 23-4-920. Referral process. 4 - 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.f-or review and comment. Agencies can include the Department of P-u-blic Works and any others deemed necessary. The agencies shall respond within twenty -one -(21) days after -the mailing of the-a-ppl-ication-by the 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 referraIREFERRAL agency are recommendations to the COUNTY. B. Send a request for comment in support or opposition regarding the Zoning Permit for a semi- trailer as accessor-ySEMI-TRAILER as ACCESSORY storage to those persons listed in the application as owners of property located within five hundred (500) feet of the parcel under consideration. Such notification shall be mailed, first-class, upon receipt of the application. Inadvertent errors by the applicant in supplying such list or the Department of Planning Services in sending such notice shall not create a jurisdictional defect in the permitting process, even if such error results in the failure of a surrounding property owner to receive such notification. Amend Sec. 23-4-930. Delegation of authority. 4 A. The Board of County Commissioners delegates the authority to issue a zoning permit for a4 semi trailcrSEMl-TRAILER which otherwise requires the approval of the Board of County Commissioners through a public hearing process to the Department of Planning Services upon a determination by the Department that: 1. - No change. 2. The Department of Planning Services has sent notice and has not received signed notification of at least thirty percent (30%) of surrounding property owners within five hundred (500) feet of the subject property in opposition to the location of the semi traite-rSEMl-TRAILER within twenty-eight (28; days. if opposed, the petition -shall -indicate that the surrounding property owners who have signed the notification have objections to the issuance of a zon+nog-permit-for-thy-semi-traEler. PAGE 247 2019-* ORD2019-02 Formatted: Widow/Orphan control, Keep lines together 1 J Formatted: Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together 1 Formatted: Highlight 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 rneetinghearing shall be scheduled with the Board of County Commissioners to provide the landowner an opportunity to appeal the denial, for good cause shown. If the landowner does not submit a written appeal, the denial becomes final. C. If the Department of Planning Services does receive signed notification that thirty percent (30%) or more of surrounding property owners within five hundred (500) feet of the subject property are in opposition to the permitting of a semi -trailer as accessorySEMI-TRAILER as ACCESSORY storage, the Board of County Commissioners shall review the application for compliance with the criteria set out in this Section at a regularly scheduled meeting of the Board: 1. thru 3. — No change. 4. The Department of Planning Services shall post a sign for the applicant on the property in question indicating that one (1) semi-ITa-i1c as accessorySEMI-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. owners -concerning the effects of the semi trailer as ac essoFfl -rage on the surrou-nding proaerties anc its come lance wit tie cri:eria set out in tiis Section.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 and Operation of Commercial Vehicles Amend Sec. 23-4-950. Intent and applicability. A. D ad -o -n lots in an* approved or reco-rded subdivision plat, or LOTS which --arc part of -a -map or plan filed prior to rict and E (Estate) Zone District, through issuance of a Commercial Vehicle 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 at4 least one (1) acre. 2. The COMMERCIAL VEHICLE will be removed from the property upon cessation of such USE. 3. The COMMERCIAL VEHICLE is compatible with the surrounding area. 4. The COMMERCIAL VEHICLE has current registration and license plates. 5. The application complies with this Division 12. PAGE 248 2019-* ORD2019-02 Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together 1 Formatted: Indent: Left: 0.25", Keep lines together I B. REPEALED. When req-wed; a -Zoning Permit for -a Commer-Eta-I-Vehicle may be pe-rm-ifte-d-4 upon a determination -that: MERCIAL VEHICLE is located is a LEGAL LOT. 2. The COMMERCIAL VEHICLE will be removed fr 3. The -COMMERCIAL VEHICLE is compatible with the surrounding area. Amend Sec. 23-4-960. Commercial vehicle permit requirements. 6 An application for any Zoning Permit for a Commercial Vehi-EteCOMMERCIAL VEHICLE required by this Division shall include the following: A. thru E. — No change. F. A sketch plan of the site at the scale of one (1) inch represents twenty (20) feet or other suitable scale to show: 1. The proposed parking location of the commercial vehiGleCOMMERCIAL VEHICLE, including distances from the property LOT lines and other STRUCTURES on the property. 2. Access to be utilized by the commercial vehicleCOMMERCIAL VEHICLE indicating whether the access is existing or proposed. 3. and 4. — No change. 5. Identification of any Go-untyCOUNTY, state or federal roadsSTREETS/ROADS or highways. 6. — No change. G. An application fee. An additional fifty (50) percent of the application fee shall be added to the cost of the application fee if the USE is started prior to issuance of a permit. The payment of the investigation fee shall not relieve any persons from fully complying with the requirements of this Chapter, nor from any other penalties. H. The requirements of this Division require the applicant to provide a certified list of the names, addresses and the corresponding Parcel Identification Number assigned by the County Assessor of the owners of property (the surface estate) within five hundred (500) feet of the property lines of the parcel on which the commercial vehicleCOMMERCIAL VEHICLE shall be placed. The source of such list shall be the records of the County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records or from the records of the County Clerk and Recorder. If the list was assembled from the records of the County Assessor, the applicant shall certify that such list was assembled within thirty (30) days of the application submission date. I. — No change. J. The COMMERCIAL VEHICLE shall be required to maintain current registration and license plates. Amend Sec. 23-4-970. Referral process. Upon determination that the application submittal is complete, the Department of Planning Services shall: PAGE 249 2019-* ORD2019-02 Formatted: Keep lines together Formatted: Widow/Orphan control, Keep lines together L Formatted: Keep lines together Formatted: Highlight Formatted: Widow/Orphan control, Keep lines together [ Formatted: Keep lines together A. Refer the application to applicable referral -agencies listed in Appendix 23-G, as deterrnined by the Department of Planning Services. , ry comme + yes ca nclude the Department Public Works and any others deemed-ne ssar nhe-agencies shy;; -respond 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 referraIREFERRAL agency are recommendations to the COUNTY. B. — No change. Amend Sec. 23-4-980. Delegation of authority. 4 A. The Board of County Commissioners delegates the authority to issue a zoning permit for as commercial vehicleCOMMERCIAL VEHICLE which otherwise requires the approval of the Board of County Commissioners through a public hearing process to the Department of Planning Services upon a determination by the Department that: 1. — No change. 2. The Department of Planning Services has sent notice and has not received signed notification from at least thirty percent (30%) of surrounding property owners within five hundred (500) feet of the subject property in opposition to the location of the commercial v-e-b-iisteCOMMERCIAL VEHICLE within twenty-eight (28) days. ft opposed, the petition shall indicate that the surrounding property owners wio iave signec tie notification iave objet4o-ns to the issuance of a zoning permit -for -the commercial -vehicle. 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 meetinghearing shall be scheduled with the Board of County Commissioners to provide the landowner an opportunity to appeal the denial, for good cause shown. If the landowner does not submit a written appeal, the denial becomes final. C. If the Department of Planning Services does receive signed notification that thirty percent (30%) or more of surrounding property owners within five hundred (500) feet of the subject property are in opposition to the permitting of a COMMERCIAL VEHICLE, then the Board of County Commissioners shall review the application for compliance with the criteria set out in this Section at a regularly scheduled meeting of the Board: 1. thru 3. — No change. 4. The Department of Planning Services shall post a sign for the applicant on the property in question, indicating that one (1) commercial vehiclea COMMERCIAL VEHICLE has been requested for the property, the meeting date and a telephone number where further information may be obtained. The sign shall be posted at least ten (10) days prior to the meeting date and evidenced with a photograph. 5. The Boar#of-Oounty Commissioner -s shall consider any testimony of surrounding -property owners concerning the e'ec:s o-- :ic COVVE.RC A V=- C_E e properties and its compliance with the criteria -set out in this Section -The Department of Planning Services shall arrange for legal notice of said hearing to be published in the newspaper designated by the Board of County Commissioners for publication of notices at least ten (10; days prior to the hearing. PAGE 250 2019-* ORD2019-02 Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together Formatted: Highlight 6. The Board of County Commissioners shall consider any testimony of surrounding property owners concerning the effects of the COMMERCIAL VEHICLE on the surrounding properties and its compliance with the criteria set out in this Section. Division 13 - Home Occupation —Otis --H Permits Amend Sec. 23-4-990. Home Occupation --Glass II permit requirements. f A. Intent. A HOME OCCUPATION CLASS II Zoning Permit shall be obtained for any HOME -4 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. — No change. 2. Name, address and telephone number of the owner of the land if different from applicantParagraph 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 dead, lease agreement or similar evidence. 4. REPEALED. 'Combined with item 3 above.)A copy of a--d-eoid or legal instrument identifying the app icant's interest in the property under consiceration. 5. — No change. 6. The application for a HOME OCCUPATION — CLASS ii shall include aA 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 fh-eany COMMERCIAL VEHICLE commercial ve-h+cl-e (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 commercial e (if applicable) -indicating whether the access is existing or proposed. c. — No change. d. REPEALED.:See number 13 below.)A Weld County AcGe i-t. e. Identification of any Co-wityCOUNTY, state or federal roadsSTREETS/ROADS or highways. f. — No change. g. The STRUCTURES in which the HOME OCCUPATION shall be operated within shall be appropriately labeled. The total area of useUSE shall also be delineated. PAGE 251 2019-* ORD2019-02 Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together 7 —No cha-n-e.7n application fee. An additional fifty 150) percent of the application fee shall be added to the cost of the application fee if the USE is started prior to issuance of a permit. The payment of the investigation fee shall not relieve any persons from fully complying with the requirements of this Chapter, nor from any other penalties. 8. The requirements of thi The application for a HOME OCCUPATION — CLASS II shall include a certified list of the names, addresses and the corresponding Parcel Identification Number assigned by the County Assessor of the owners of property (the surface estate) within five hundred (500) feet of the property lines of the parcel. The source of such list shall be the records of the County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records or from the records of the County Clerk and Recorder. If the list was assembled from the records of the County Assessor, the applicant shall certify that such list was assembled within thirty (30) days of the application submission date. Inadvertent errors by the applicant in supplying such list, or the Department of Planning Services in sending such notice, shall not create a .urisdictional 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 subdivisionSUBDIVISION regulated by a Homeowners Association (HOA). If applicable, contact information shall be provided. 10. — No change. 11. Evidence that a water supply of sufficient quality, quantity and dependability will be/is available to serve the proposed IotL OT and us-eUSE, 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 will/do have —property has or will have adequate means for the disposal of sewage in compliance with the requirements of the underlying zone districtUNDERLYING ZONING DISTRICT and the Department of Public Health and Environment, if applicable. An existing septic system permit or a copy of a letter from a sanitation sewer district indicating existing service or availability of sewage disposal to each proposed IotLOT are examples of evidence for domestic use. 13. A Weld County Access Permit. 14. A Statement of Taxes from the County Treasurer showing no delinquent property taxes for the area referred to in the application materials. 15. Questionnaire provided by the Department of Planning Services. C. Duties of Department of Planning Services and Board of County Commissioners for a CLASS II HOME OCCUPATION zoning permit. PAGE 252 2019-* ORD2019-02 Formatted: Highlight Formatted: Highlight 1. The--Board—of Co tt--Gommiss-loners delegates —the authority and resparrs-Hail ity—fof 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 -aft application submittal requirements are met prior to initiating any official action. Once a co ete—applicationCOMPLETE 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 application to referral --agencies for review and comment, if applicable- The agencies shall respond within twenty eight (28) days after the application is mailed. The failure of any agency to respond within twenty-eight (28) days may be deemed a favorable response. AM referraIREFERRAL agency review comments are considered recommendations to the CountyCOUNTY. The authority and responsibility for approval and denial of a zoning permit rests with the CountyCOUNTY. 2. The Department of Planning Services shall refer the application to any agencies or individuals whose review -the -Department off'la-n-n-ing Services -or -the Board of -County Commissioners deems necessary.The Department of Planning Services shall send notice, mailed first-class, to owners of LOTS within five hundred (500) feet of the subject property notifying them of the application and their opportunity to object to the issuance of the zoning permit, which shall be submitted by returning the signed form sent by the Department of Planning Services within twenty-eight (28) days. 3. The —Department of Plan-n-ing ervices h -as —sent —notice and has not received signed notification from at least thi#y percent (309/0) of sumo-u-nd+n-g-property owners within five h-u-nd-red--(500) feet of the subject property -in -opposition to the location of the 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 Home Occupation.lf the Department of Planning Services receives objections from the owners of at least thirty (30) percent of those notified within twenty-eight ;28) days, or if the Department of Planning Services determines the application does not meet all applicable criteria and requirements, the zoning permit shall be denied by the Department of Planning Services. 4. The County Planner shall prepare a permit/agreement within sixty (60) days of receipt of a -complete application. The perm it/a-reement shall address all -aspects of the application -,- including but not limited to comments received from agencies to which the proposal was referred and the standards contained in this Prticle.The Department of Planning Services shall notify the applicant of the objections and the denial of the zoning permit. The Department of Planning Services shall also provide the applicant comments received from REFERRAL agencies. The applicant may appeal in writing to the Department of Planning Services within ten (10) days of receipt of the denial notice. If the applicant does not submit a written appeal within said ten (10) days, the denial shall be final. If appealed, the following process shall be followed: a. A public hearing shall be scheduled before the Board of County Commissioners and staff shall send notice, mailed first-class, to the applicant and owners of LOTS within five hundred (500) feet of the subject property at least ten (10` days prior to the hearing. The Department of Planning Services shall also notify the REFERRAL agencies with comments of the hearing. PAGE 253 2019-* ORD2019-02 Recorder. 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. a -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 .urisdictional defect in the permit process even if such error results in the failure of a surrounding property owner to receive such notification. -5 When, in the opinion of the Department of Planning Services, an applicant has not met one (1) or more of th an surroun- ercent (30%) of the perty, a " ers.The approval of the zoning permit may be conditioned or restricted to carry out the intent of this Chapter or to mitigate impacts or address concerns of REFERRAL agencies or neighboring property owners. Conditions of approval shall be met prior to recording the permit/agreement, and restrictions may be enforced by means of conditions in the permit/agreement. If approved, the Department of Planning Services shall prepare a permit/agreement. The permit/agreement shall address all aspects of the application, including but not limited to conditions or restrictions and the standards contained in this Article. 6. REPEALED. The Board of Do ty-Gommiss-ioners shall hold a pubic hearing to consider the permit application and to take final action thereon if the Planning Service -s staff has determined -that the applicatlan has not met -the -standards of Paragraphs 23 4-99-0-D.1. through 8. of this Section. The Boarc o� County Commissioners' recision 518 consider the recommendation of the Planning Services —staff, referral agency responses, t- e aCll' hIr2tInn ��c fiI pnr4 forte nroscti+Qrl n+ +hn ni ihlir' hrsor,nri Tha flnorr1 of Cri in+'. Commissioners shall approve the permit unless it finds that the applicant has not met one (1) or more of the standards listed in this Section. 7. REPEALED. A permit/agreement shall be prepared tion is approved and t. The permit/ -agreement sh-all-be submitted to the PAGE 254 2019-* ORD2019-02 (Commented [JF59]: Delete space 1 D. Duties of the Board of County Commissioners.---T-he-Board of County Commissioners shall f the Board if the application does not meet the criteria stated in Subsections A. through C. above and -Section 23 1 99 -of this permit and the meeting date to those persons listed in the application as owners of propert-y ocatec wit -in five luncred (500) feet of tie.parce Lncer cons.cera..on. SLc1 ro_ Ica:son sia 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 Department of Planning Servi 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 applican been requested for the property, the meeting date and telephone number where further information may be obtained. The sign shall -be -p meeting -date and evidenced with a photograph. The Board of -County Commissioners shall ers concerning the effects of the HOME OCCUPATION on surrounding properties. The Board of County Commissioners shall also consider the following factors in reviewing applications for a permit for a HOME OCCUPATION - Class II:Approval or denial of the zoning permit for a HOME OCCUPATION shall be based on the following criteria: 1. and 3. - No change. 4 T -he- e inhabitants of the area and the COUNTY, The HOME OCCUPATION shall not create any negative impacts to the public health, safety and general welfare of the neighboring property owners, such as little or no offensive noise, vibration, smoke, dust, odors, lighting, traffic congestion, trash accumulation, heat, glare or electrical interference, or other hazard or nuisance noticeable off the LOT. 5. The proposal is consistent with the definition as expressed in Section 23-1-90 of this Chapter. r or to mitigate impacts or address concerns of referral agencies. Conditions of approval shall be met prior to recording the permit/agreement, and restrictions may be enforced by means of cond-iti ns-ir4-the pgrmit/agreement. 6. REPEALED. The application complies w stand-a-rds; if applicable: - 7. The proposed zoning permit complies with this Division 13 of this Article. 8. An access is or can be made available that provides for safe ingress and egress to a public roadPUBLIC STREET/ROAD. All accesses shall be in accordance with Chapter 12, Article V of -the access requirements set forth in this Code_, and shall -endeavor to achieve the goal of no "net increase" in the number of accesses onto adjacent County roads when accesses already exist. a. Where the access is adjacent to a state —highway, the --Colorado Department —of Transportation has jurisdiction over misting or proposed accesses. The applicant shall be responsible for obtaining a new Access Permit from the Colorado Department of Transportation. PAGE 255 A -) 2019-* ORD2019-02 Commented [JF60): To be consistent with 8.a below, just mark this for deletion and remove REPEALED. • _ E. A zoning permit for a HOME OCCUPATION shall not be transferable by the applicant and/or - owner to any successor and shall automatically expire upon conveyance or lease of the property. F. A CLASS I HOME OCCUPATION shall be conducted by the members of the LIVING UNIT of the DWELLING UNIT. A CLASS II HOME OCCUPATION shall be conducted by the members of the LIVING UNIT of the DWELLING UNIT plus no more than two (2: external employees. G. There shall only be incidental sales of stocks, supplies or products conducted on the premises. H. Signage for a CLASS I HOME OCCUPATION may consist of a maximum of one (1; nonilluminated,sign_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 s-ign-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. Division 14 - Cultivation, Manufacture, Distribution and Sale of Medical or Recreational' Marijuana or Marijuana -Infused Products A. Refer to Chapter 12, Article VII, of the Weld County Code. Division 15 - Solar Facility Amend Sec. 23-4-1030. Solar facility. A. The staff, Planning Commission and Board of County Commissioners shall consider the -f following criteria in making their determination in approving or denying a Special Review Ppermit for a Solar Facility in addition to those criteria enumerated in Chapter 23, Article II, Division 4 and its impact on prime agricultural land which is defined as soils with agricultural capability classifications of I, II and III as indicated on maps completed by the U.S.D.A. Natural Resources Conservation Service. B. — No change. PAGE 256 2019-* ORD2019-02 Formatted: Justified, Indent: Left: 0", Hanging: 0.25", Space After: 12 pt, Widow/Orphan control, Keep lines together Formatted: Highlight [Formatted: Highlight Commented [JF61]: Human Services asked us to take this out. ( Formatted: Highlight Formatted: Widow/Orphan control, Keep lines together ( Formatted: Keep lines together ( Formatted: Keep lines together ( Formatted: Highlight C. Landscaping is extremely important for enhancing the quality of deve-lopment 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 devel-o-p-gents DEVELOPMENTS due to differing land features, topography and soils, these guidelines encourage flexible and creative landscape designs. Landscaping/screeningSCREENING shall include, at a minimum, decorative fencing, berming, and/or vegetation such that the facility is aesthetically pleasing as viewed from adfacentADJACENT properties and rights-of-wayRIGHTS-OF-WA`(. 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®COUNTY and represents a balanced useUSE of resources in the affected area. E. — No change. F. No outdoor stoeOUTDOOR STORAGE of any materials and equipment including, but not limited to, solar panels and support structuresSTRUCTURES RUCTURES 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 righ-ts-of wayRIGHTS-OF- WAY. The Board of County Commissioners may set a greater distance than mentioned above when, in its opinion, it is justified. H. — No change. Division 16 - Cargo containers Sec. 23-4-1100. Cargo containers used for storage, an office a dwelling or any habitable use. 4 A CARGO CONTAINER shall require the issuance of a building permit and compliance wither 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 17 Zoning Permits for Certain Uses in the Agricultural Zone District Sec. 23-4-1200. Uses requiring zoning permits in the agricultural zone district. PAGE 257 2019-* ORD2019-02 9 Formatted: Highlight Formatted: Highlight { Formatted: Keep lines together Formatted: Indent: Left: 0", First line: 0.25", Keep lines together Formatted: Indent: Left: 0", Keep lines together Formatted: Keep lines together A. A zoning permit for USES listed in Article III Aof this Chapter as requiring issuance of a zoning permit under this Division 17 may be approved if the USE complies with the criteria herein. The Board of County Commissioners delegates the authority and responsibility for processing and approving these zoning permits to the Department of Planning Services as long as the application meets the criteria of this section and any other applicable requirements within this Chapter 23. If the Director of Planning Services determines the application does not provide sufficient evidence showing the standards set forth in this Division 17 will be met, he or she will forward the application to the Board of County Commissioners for its review and consideration following a public hearing. Criteria for approval include: 1. The sub ect property is a LEGAL LOT. 2. The application complies or will comply with the conditions in Section 23-4-1730 below. 3. The proposed USE is compatible with applicable provisions of Chapter 22 of this Code. 4. Adequate water and sewage disposal facilities, as applicable, shall be available. 5. Adequate fire protection measures are available on the site for the STRUCTURES and facilities proposed. 6. The proposed USE is compatible with the character of the NEIGHBORHOOD. 7. The proposed USE is compatible with the general health, safety and welfare of the inhabitants of the area and the COUNTY. 8. The application complies with any requirements the Director of Planning Services deems necessary in order to mitigate adverse effects of the USE on the NEIGHBORHOOD. 9. The proposed USE has adequate access and STREET/ROAD or highway facilities providing access to the property are adequate in size to meet the requirements of the proposed USE. 10. In those instances where the following characteristics are applicable to the request, the applicant has demonstrated compliance with the applicable standards: a. If the proposed USE is located within any OVERLAY ZONING DISTRICT or SPECIAL* FLOOD HAZARD AREA identified by maps officially adopted by the COUNTY, the applicant shall demonstrate compliance with the COUNTY regulations concerning OVERLAY ZONING DISTRICTS and SPECIAL FLOOD HAZARD AREAS. b. The proposed USE of any area known to contain a COMMERCIAL MINERAL DEPOSIT shall not interfere with the present or future extraction of such deposit by an EXTRACTOR to any greater extent than under the present USE of the property. c. If soil conditions on the site are such that they present moderate or severe limitations to the construction of STRUCTURES or facilities proposed for the site. the applicant shall demonstrate that such limitations can be overcome and that the limitations will be addressed by the applicant and/or the applicant's successors or assigns prior to the DEVELOPMENT of the property. B. A preapplication conference with the Department of Planning Services may be required. PAGE 258 2019-* ORD2019-02 Formatted: Highlight ( Formatted: Indent: Left: 0.5", Keep lines together { Formatted: Keep lines together J i C. If approved, the zoning permit, including any conditions of approval, and the Zoning Permit Plan shall be recorded by the Department of Planning Services prior to commencement of the USE or construction. The applicant shall pay the recording fee. If the required documents have not been recorded within ninety (90) days from the date of approval or if an applicant is unwilling or unable to meet any of the conditions within ninety (90) days of approval, the Director of Planning Services may refer the application to the Board of County Commissioners, which may revoke the zoning permit following a public hearing. The applicant shall be notified of the public hearing at least ten (10) days prior to the hearing. Prior to said hearing, the Director of Planning Services may grant a one-time extension of up to ninety (90; days, for good cause shown, upon a written request by the applicant. Before this extension has expired, the applicant may seek a further extension from the Board of County Commissioners by written request to the Director of Planning. If the Board of County Commissioners denies the extension or if the conditions are not met and the required documents recorded by the date specified by the Board, the zoning permit approval shall be voided, and the application denied. Sec. 23-4-1210. Operation standards. The applicant shall demonstrate conformance with the following operation standards in theme zoning permit application to the extent that the standards affect location, layout and design of the USE prior to construction and operation. Once operational, the operation of the USE permitted shall conform to these standards. A. The operation of the USES shall comply with the noise standards enumerated in Section 25-* 12-101, et seq., C.R.S. B. The operation of the USES shall comply with the air quality regulations promulgated by the Colorado Air Quality Control Commission. C. The operation of the USES shall comply with the water quality regulations promulgated by the Colorado Water Quality Control Commission. D. The USES shall comply with the following lighting standards: 1. Sources of light, including light from high -temperature processes such as combustion ora 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. Pl. The USES shall not emit heat so as to raise the temperature of the air more than five (5)4 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 epode. F. Any off -site and on -site Improvements Agreement shall be made in conformance with the -4 County policy on collateral for improvements. Sec. 23-44220. Application requirements. a PAGE 259 2019-* ORD2019-02 Formatted: Indent: Left 0", First line: 0.25", Keep lines together Formatted: Indent: Left: 0", Hanging: 0.25", Keep lines together Formatted: Indent: Left: 0.25", Hanging: 0.25", Keep lines together Commented [JF62]: No indent Formatted: Indent: Left: 0", Hanging: 0.25", Keep lines together Formatted: Indent: Left: 0", Keep lines together Formatted: Highlight Formatted: Indent: Left: 0", Hanging: 0.25", Keep lines together Formatted: Keep lines together 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. a- 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 pro ect 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 crlialater=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 podeChapter as applicable. 4. Existing and proposed landscaping and SCREENING. Buffering and/or SCREENING may be required to mitigate the effects of the zoning permit on ADJACENT properties. Buffering and/or SCREENING may be accomplished through a combination of berming, landscaping and fencing. 5. Existing and proposed signage. All signage shall comply with Article IV, Division 2, of this podeChapter as applicable. 6. Other existing and proposed improvements. 7. The Zoning Permit Plan shall bear the following certifications: a. Property owner's certificate: PAGE 260 2019-* ORD2019-02 4 - Formatted: Indent: Left: 0", First line: 0.25", Keep lines together Formatted: Indent: Left: 0", Keep lines together Formatted: Indent: Left: 0.25", Keep lines together Formatted: Indent: Left: 0", Keep lines together J Formatted: Indent: Left: 0.25", Keep lines together Formatted: Indent: Left 0", Keep lines together ( Formatted: Indent: Left: 0.25", Keep lines together Formatted: Highlight 1 Formatted: Highlight Formatted: Highlight Formatted: Indent: Left: 0.5", Keep lines together I, the undersigned, certify that the uses, buildings and structures located on this Zoning4 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 -4 available to serve the proposed USE, if applicable. A letter, permit, or bill from a water district, municipality, or the Division of Water Resources are examples of evidence. E. Evidence that adequate means for the disposal of sewage for the proposed USE is or will be available in compliance with the requirements of the zone district and the Department of Public Health and Environment, if applicable. F. A copy of a deed or legal instrument identifying the applicant's interest in the property under consideration. G. A certified list of the names, addresses and the corresponding Parcel Identification Numbers assigned by the County Assessor of the owners of LOTS within five hundred (500) feet of the property sublect 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. PAGE 261 2019-* ORD2019-02 Formatted: Indent: Left: 0.75", First line: 0", Keep lines together { Formatted: Indent: Left: 0.5", Keep lines together J _l Formatted: Indent: Left: 0", Keep lines together 1 I. The names and addresses of any owner, operator, or user of any irrigation ditch, lateral, or pipeline that traverses the property. jhe application feet 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 recuirements of this Chapter, nor from any other' penalties; Sec. 23-4-1230. - Notification and appeal of denial. A. Once an application that is subiect 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 subiect 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 subiect 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. PAGE 262 2019-* ORD2019-02 Formatted: Font: 11 pt, Highlight Formatted: Highlight 1 Formatted: Indent: Left: 0", Keep lines together Commented [JF63]: Same as similar sections. This looks wrong on track -changes but if you switch view to No Markup, it is correct. Track -changes doesn't like auto -numbering. [Formatted: Font: 11 pt Commented [JF64]: Extra period. Formatted: Highlight 1 1 1 Formatted: Keep lines together Formatted: Indent: Left: 0.25", Keep lines together 5. Following the public hearing, the Board of County Commissioners shall pass Aadopt 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 .urisdictional defect in the permit process even if such error results in the failure of a surrounding property owner to receive such notification. Sec. 23-4-1240. - Conditions, enforcement, and revocation of zoning permit. A. USES approved through this Division 17 shall also be subject to additional requirements contained in Article V of this Chapter as applicable. B. No USE permitted by zoning permit shall create any unreasonable adverse impacts to the public health, safety and general welfare of the owners of ADJACENT LOTS, such as offensive noise, vibration, smoke, dust, odors, lighting, traffic congestion, trash accumulation, heat, glare, electrical interference, or other hazard or nuisance noticeable beyond the sub'ect 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 pCode 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. PAGE 263 2019-* ORD2019-02 f 1 • _ Formatted: Highlight 1 ( Formatted: Keep lines together Formatted: Highlight 1 specified. 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 lll`of this Chapter as requiring issuance of a zoning permit under this Division 17, but which was in lawful existence at the time of adoption of this Division 17, may continue without obtaining a zoning permit so long as the USE is not discontinued for a period of three (3) consecutive years. The Department of Planning Services may permit minor amendments to such USE in accordance with the preceding Subsection. ARTICLE V - Overlay Districts 4 -- Division 11 - A -P (Airport) Overlay District Amend Sec. 23-5-10. Definitions. As used in this Division, unless the context otherwise requ-i For the purposes of this -a -- Article V, certain terms or words used herein shall be interpreted as defined in Section 23-1-90. ections 2 and 3, T5N, and Sections 26 AIRPORT ELEVATION : The established elevation of the highest point on the usable landing area (four -thousand six hundred nin ,a AIRPORT REFERENCE -P r Colorado, and tx 0 1 fl APPROACH SURFAC it oint thirty one thousand O 17 of the appr �-imeter of the approach zone. APPROACH, TRANSITIONAL, HORIZONTAL AND CONICAL ZONES : These zones -are set forth in Section 23 5 20 below. ez periphery of the horizontal surface at a slope of twenty (20) to one (1) for a horizontal distance (4,000) feet. HAZARD TO AIR NAVIGATION : An obstruc:ion ce..erminec to lave a subs _an:ia aeverse effec: on :he sae anc eflc.eit u:' iza0 on o::'le navigable airspace. f determining the height limits in all zones set forth in this Sectio-n urn shall be MEAN SEA LEVEL elevation unless otherwise PAGE 264 2019-* ORD2019-02 { Formatted: Highlight 1 Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together HORIZONTAL SURFACE : A horizontal plane one hundred fifty —(150) feet above the established airport ele horizontal zone (four thousand eight hundred forty [4,840] t above sea level). LARGER THAN UTILITY RUNWAY : A RU\WAY _la_ as constructed -or and ar:encec _o be usec by orope er criven aircraft of greaser tian twelve thousand five hundred (12,500) pounds maximum gross weight and jet -powered aircraft. NONCONFORMING USE : Any preexisting STRUCTURE, object of natural growth or use of land which is inconsistent with th -- — --- . 4t �-_, �-_.�____— OBSTRUCTION : Any structure, growth or other object, exceeds a limiting height set forth in Section 23 5 30 below. PERSON : An individual, firm, partnership, corporation, company, association, joint stock association or —government -entity; includes a trustee, a receiver, an assignee or a similar representative of any of them. PRECISION INSTRUMENT RUNWAY : A RU \WAY laving an existing instrument aporoaci procedure utilizing an nstrument Lancing System ( L -S). It also means a runway for which a precision approaci system is p annec anc is so inoicatec on an approved airport ayout D an or any other planning document. PRIMARY SURFACE : A surface ongitucina y centerec on a RUNWAY extending two hundred (20.0) -feet beyond each -end -of that RUNWA The elevation of any point on the primary surface is the same as the -elevation of the nearest point on the RUNWAY centerline. The width of a primary surface is: 1. Two hundred fifty (250 One thousand -(1,000) feet -for precision INSTRUMENT RUNWAYS. RUNWAY : A defined area on an airport prepared for landing and takeoff of aircraft along -its length. STRUCTURE: An object, including a mobile object, constructed or-i-nstalled by man, including but without limitation, BUILDINGS, towers, cranes, smokes:acKs, ear -orma:ao- arc overhead TRANSMISSION LINES. RUNWAY centerline and the RUNWAY centerline extended at a slope of seven (7) feet horizontally for each one (1) foot vertica y from tie sires of tie primary anc approaci surfaces to where--they-iitersec-t-the-hoi4zonta-1 and conical surfaces. Transitional -surfaces for -those portions o- tie precision aporoaci surfaces, wiic/ project through and beyond the limits of the conical surface, extend a distance of five thousand (5,000) feet measured horizontally from the ee angles to the extended RUNWAY centerline. edge of the app TREE : Any object of natural growth. UTILITY -RUNWAY : A RUNWAY that is constructed for and intended to be used by prope-1er- driven aircraft -of twelve thousand five hundred (12,500) pounds maximum gross weight and less. VISUAL RUNWAY : A RU '.WAY intender so e y for the operation of aircraft using visual approach procedures. Amend Sec. 23-5-20. Greeley -Weld County Airport zones. PAGE 265 2019-* ORD2019-02 4 Formatted: Widow/Orphan control, Keep lines together In order to carry out the provisions of this Chapter, there are hereby created and established< certain zones which include all of the land lying beneath the approach surfacesAPPROACH SURFACES, transitional surfacesTRANSITIONAL SURFACES, horizontal surfacesHORIZONTAL SURFACES and conical surfaccsCONICAL SURFACES as they apply to the Greeley Weld County Airpo-rtGREELEY-WELD COUNTY AIRPORT. Such zones are shown on the Greeley Weld County AirportGREELEY-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 heightHEIGHT limitation. The various zones are hereby established and defined as follows: A. Utility Runway Visual Approach Zone: The inner edge of this approach zoneAPPROACH ZONE coincides with the width of the primary surfacePRIMARY SURFACE and is two hundred fifty (250) feet wide. The approach zoneAPPROACH 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 surfa-cePRIMARY SURFACE. Its centerline is the continuation of the centerline of the RUNWAY. B. Runway Larger Than Utility Visual Approach Zone: The inner edge of this approach z-cn-eAPPROACH ZONE coincides with the width of the pmaPy-s-urfacePRIMARY SURFACE and is one thousand (1,000) feet wide. The a-P-reAPPROACH 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 surfacePRIMARY SURFACE. Its centerline is the continuation of the centerline of the RUNWAY. C. Precision Instrument Runway Approach Zone: The inner edge of this approach zoneAPPROACH ZONE coincides with the width of the primary surfacePRIMARY SURFACE and is one thousand (1,000) feet wide. The approach zoneAPPROACH ZONE expands outward uniformly to a width of sixteen thousand (16,000) feet at a horizontal distance of fifty thousand (50,000) feet from the primary surfacePRIMARY SURFACE. Its centerline is the continuation of the centerline of the RUNWAY. D. Transitional Zone: The transitional zonesTRANSITIONAL ZONES are the areas beneath the transitional surfacesTRANSITIONAL SURFACES. E. Horizontal Zone: The horizontal-zoneHORIZONTAL ZONE is established by swinging arcs of five thousand (5,000) feet radii for all RUNWAYS designated utility or visual and ten thousand (10,000) feet for all others from the center of each end of the primary surfacePRIMARY SURFACE of each RUNWAY and connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal zoneHORIZONTAL ZONE does not include the app-r-eachAPPROACH and transition -al zonesTRANSITIONAL ZONES. F. Conical Zone: The conical zoneCONICAL ZONE is established as the area that commences at the periphery of thehorizontal zoneHORIZONTAL ZONE and extends outward therefrom a horizontal distance of four thousand (4,000) feet. Amend Sec. 23-5-30. Airport Zone height limitations. Except as otherwise provided in this Chapter, no structureSTRUCTURE shall be erected,* altered or maintained, and no treeTREE shall be allowed to grow, in any Greeley -Weld County Airport Zone described in Section 23-5-20zone or-ea.-ted 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: PAGE 266 2019-* ORD2019-02 Formatted: Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together 1 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 surfacePRIMARY SURFACE and extending to a horizontal distance of five thousand (5,000) feet along the extended RUNWAY centerline. B. Runway Larger Than Utility Visual Approach Zone: Slopes twenty (20) feet outward for each foot upward beginning at the end of and at the same elevation as the primary s-cePRIMARY SURFACE and extending to a horizontal distance of five thousand (5,000) feet along the extended RUNWAY centerline. C. Precision Instrument Runway Approach Zone: Slopes fifty (50) feet outward for each foot upward beginning at the end of and at the same elevation as the primary surfacePRIMARY SURFACE and extending to a horizontal distance of ten thousand (10,000) feet along the extended RUNWAY centerline; thence slopes upward forty (40) feet horizontally for each foot vertically to an additional horizontal distance of forty thousand (40,000) feet along the extended RUNWAY centerline. D. Transitional Zone: Slopes seven (7) feet outward for each foot upward beginning at the sides of, and at the same elevation as, the primary surfacePRIMARY SURFACE and the approach surfaceAPPROACH SURFACE, and extending to a HEIGHT of one hundred fifty (150) feet above the AIRPORT ELEVATION which is four thousand six hundred ninety-seven (4,6907) feet above MEAN SEA LEVEL. In addition to the foregoing, there are established HEIGHT limits sloping seven (7) feet outward for each foot upward beginning at the sides of and the same elevation as the approach surfaceAPPROACH SURFACE, and extending to where they intersect the conical surfaceCONICAL SURFACE. Where the precisionPRECISION INSTRUMENT RUNWAY approach zoneAPPROACH ZONE projects beyond the conical zeneCONICAL ZONE, there are established HEIGHT limits sloping seven (7) feet outward for each foot upward beginning at the sides of and the same elevation as the a-proach s-urfaceAPPROACH SURFACE, and extending a horizontal distance of five thousand (5,000) feet measured at ninety -degree angles to the extended RUNWAY centerline. E. — No change. F. Conical Zone: Slopes twenty (20) feet outward for each one (1) foot upward beginning at the periphery of the h-arizonfal zoneHORIZONTAL ZONE and at one hundred fifty (150) feet above the AIRPORT ELEVATION and extending to a HEIGHT of three hundred fifty (350) feet above the AIRPORT ELEVATION. Amend Sec. 23-5-40. Use restriction. d - Notwithstanding any other provisions of this Division, no useUSE may be made of land or - water within any zone established by this SeoticriDivision in such a manner as to create electrical interference with navigational signals or radio communication between the GREELEY-WELD COUNTY AIRPORT and aircraft, make it difficult for pilots to distinguish between GREELEY- WELD COUNTY AIRPORT lights and others, result in glare in the eyes of pilots using the GREELEY-WELD COUNTY AIRPORT, impair visibility in the vicinity of the GREELEY-WELD COUNTY AIRPORT, create bird strike hazards or otherwise in any way endanger or interfere with the landing, takeoff or maneuvering of aircraft intending to use the GREELEY-WELD COUNTY AIRPORT. Amend Sec. 23-5-50. Nonconforming use. PAGE 267 2019-* ORD2019-02 Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together Formatted: Widow/Orphan control, Keep lines together A. Regulations not retroactive. The regulations prescribed in this SectionDivision shall not be4 construed to require the removal, lowering or other change or alteration of any STRUCTURE or treeTREE not conforming to the regulations as the effective date of the ordinance codified herein, or otherwise interfere with the continuance of a NONCONFORMING USE. Nothing contained herein shall require any change in the construction, alteration or intended useUSE of any STRUCTURE, the construction or alteration of which was begun prior to the effective date of the ordinance codified herein, and is diligently prosecuted. B. Marking and lighting: Notwithstanding the preceding provision of this Section, the owner of any existing NONCONFORMING STRUCTURE or t-r-eeTREE 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 obs-tr-uctionOBSTRUCTION. Such markers and lights shall be installed, operated and maintained at the expense of the Greeley -Weld County Airport Authority. Amend Sec. 23-5-60. Variances. Q Any person desiring to erect or increase the HEIGHT of any STRUCTURE, permit the growth of any treeTREE or useUSE property1 not in accordance with the regulations prescribed in this SectionDivision, may apply to the Board of Adjustment for a varianceVARIANCE from such regulations under Section 23-6-10 A4. The application for varianceVARIANCE shall be accompanied by a determination from the Federal Aviation Administration as to the effect of the proposal on the operation of air navigation facilities and the safe, efficient use of navigable airspace. Division 2 - Geologic Hazard Overlay District Amend Sec. 23-5-110. Purpose. The purpose and intent of the Geologic Hazard Overlay District regulations shall be to: A. Minimize hazards to public health and safety or to property in regulated -GEOLOGIC HAZARD AREAS. B. Promote safe useUSE of GEOLOGIC HAZARD AREAS. C. - No change. D. Protect the public from the burden of excessive financial expenditures caused by damage from GEOLOGIC HAZARDS by regulating land USES within GEOLOGIC HAZARD AREAS. Amend Sec. 23-5-120. Disclaimer of liability. 4 - The regulation of a GEOLOGIC HAZARD AREA by the Overlay regulations does not* constitute an affirmation by the CountyCOUNTY that lands outside the regulated area as defined on maps adopted by the Board of County Commissioners will be free from the regulated hazardGEOLOGIC HAZARD. Amend Sec. 23-5-130.Uses-permittedBuilding permit requirements. PAGE 268 2019-* ORD2019-02 Formatted: Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together Formatted: Highlight Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together Formatted: Widow/Orphan control, Keep lines together USES -listed as al d4y-rig-htand-fh-eir-ACCESSORY USES in the --UNDERLYING ZONING [ Formatted: Keep lines together DISTRICT may -lac permitted in the GEOLOGIC HAZARD OVERLAY DISTRICT without obtaining a GEOLOGIC HAZARD OVERLAY -DISTRICT Development Permit —Any person applying for a Use by Special -Review, MAJOR FACILITY OF A PUBLIC UTILITY AND PUBLIC AGENCY, Change of Zone, Subdivision of —land i-noluding Recorded Exemptions and PLANNED -UNIT DEVELOPMENTS within the GEOLOGIC HAZARD OVERLAY DISTRICT s obtain a GEOLOGIC HAZARD OVERLAY DISTRICT Development Permit before any of these applications are considered fiRally-alp-roved-by-t c Board of County Commissioners.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 building permit application. The study shall specify that the foundation and Formatted: Highlight structure STRUCTURE design are appropriate for the specific site. No certificate of occupancy shall be issued until the Building Official is satisfied that the structures ,STRUCTURES have been [Formatted: Highlight constructed in compliance with the geotechnical recommendations. Amend Sec. 23-5-140. Establishment of District. There is hereby established in the CountyCOUNTY a GEOLOGIC HAZARD OVERLAY DISTRICTGeologic Hazard Overlay District. A. The GEOLOGIC HAZARD OVERLAY DISTRICTGeologic Hazard Overlay District includes land which is within a GEOLOGIC HAZARD AREA. The Colorado Geological Survey (CGS) and US Geological Survey (USGS) jointly developed a digital map delineating coverages based on previous studies pertaining to the location and distribution of abandoned underground coal mines in the Boulder -Weld coal field north and northwest of the Denver metropolitan area. B. The regulated areas delineating the Extent of Abandoned Coal -Mine Workings and Locations of Mine Shafts, Adits, Air Shafts, and Faults, as amended, and a.1 adopted by the Board -of County Commissioners, is available in electronic format for public inspection at the USGS webpage portal. [-htipJ/pubs--u-sgs-go u/i -apli 23-7-511 2375.pdf]. Weld County GIS; monitors this electronic link for amendments and provides electronic access to this information through the County GIS portal. Where there is a conflict between the boundary lines illustrated on the map and the actual field conditions, the disputes shall be settled according to Article VI of this Chapter. Division 3 - Reserved Division 4 - Planned Unit Development Overlay DistrictREPEALED. (See Chapter 27.) Amend -Sec. 23-5400. Finding -of fact - ire are unincorporated -areas within the COUNTY -with unique -features, such as availabilityA of urban--type-servicesr and -facilities which may be suitable for mixed land USES, provided that adverse impacts of different—lan-d uses are minimized. It is recognized that in certain circumstances, it may be desirable to provide a greater range or mixture of USES in an area than would be permitted under the s:ancarc zoning system. t is funner recognizes teat tie PLANNED UN -IT DEVELOP-MENT procedure-pe-rmits a greater-range-ogle-xib-ility-t-han the standard -zoning does not always balance- sae+�„- comp tlbili „ ¢ the N-EIGHBORH-0QD- PAGE 269 2019-* ORD2019-02 Formatted: Highlight Formatted: Widow/Orphan control, Keep lines together Formatted: Widow/Orphan control, Keep lines 1 together Formatted: Keep lines together Amend Sec. 2-3-5-310. Pw-se— The purpose and intent of the PLANNED U shall be to: DEVE O MENT Over 6 - ay District regulations acts to water quality and quantity, public health, safety and property within the 125 Regional Urbanization Area and Acti i ERCIAL and industrial development and subdivisions and residential subdivisions to use the PLANNED UNIT DEVELOPMENT procedure. B. Promote a better quality of life within the 125 Regional Urbanization Area an -d activity centers nd uses and to protect the environment. C. Pr 22 of this Code. Am -end --Sec. 23-5-320. 320. Uses permitted. uncer the current zoned district within t Amen Over lowed by ri ay District. 4- I 4 - COMMERCIAL and industria °eve oaments ane suboivisions and resicen.ia sub°ivisions4 shall use the PUD procedure within the 125 Regional Urbanization Area and Activity Centers. All ER —and PUBLIC SEWER systems. Amend Sic . 23-5 4 E —s=tab hment of district — in the County a Planne B. The Planned Unit De ^� d area of the copy of the map of the 125 Regional Urbanization Area and Activity Center is on file at the C. Interpretation of the Planned Unit D lines with respect to the boundaries and similar questi Article VI of this Code. ARTICLE VI - Board of Adjustment Amend Sec. 23-6-10. Powers and duties. 4- A. Upon APPEAL, tThe Board of Adjustment shall have the powers and duties enumerate& - 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. PAGE 270 2019-* ORD2019-02 Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together Formatted: Widow/Orphan control, Keep lines together f Formatted: Keep lines together Formatted: Widow/Orphan control, Keep lines together ( Formatted: Keep lines together 1 1. The Board of Adjustment has the power to hear and decide APPEALSappeals from decisions concerning zoning issues made by any official employed by the Board of County Commission -r-sCOUN T Y in the administration or enforcement of this Chapter, Chapter 26, or Chapter 27. 2. When there is an APPEALappeal 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 A-PPEALEDappealed from. B. - No change. C. The Board of Adjustment has the power to hear and decide appeals for varianceVARIANCES from the terms of this Chapter, with the exception of appeals -far va-rianceVARIANCES from Article XI, Floodplain Management Ordinance, which are heard and decided by the Board of County Commissioners_, of The Board of Adjustment also has the power to hear and decide VARIANCES from the terms of Chapters 26 and 27 of this Code aswhere Chapters 26 and 27 are applied to individual LOTS or parcels. Appeals -for varianceVARIANCES 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 and 27 of this Code would result in unnecessary hardship to the appellant. 1. - No change. 2. No relief may be granted when the result of granting the requested relief is detrimental to the public good or when the relief is contrary to the purpose and intent of this Chapter or Chapter 26 or 27, as applicable. 3. In granting any varianceVARIANCE, the Board of Adjustment may prescribe appropriate conditions and safeguards in conformity with this Chapter and Chapters 26 and 27 of this Code. Violatio-nVIOLATION of such conditions and safeguards, when made a part of the terms under which the varia-eVARIANCE is granted, shall be deemed a v-iotatio VIOLA T ION 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 varianceVARIANCE 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 for 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 vlolationsVIOLATIONS that may -be -prosecuted under the terms of Article X of this Chapter. 6. No nonconfermingNONCONFORMING USE of NEIGHBORINGneighboring LOTS, STRUCTURES or BUILDINGS in the same district, and no permitted or non-coformingNONCONFORMING USE of LOTS, STRUCTURES or BUILDINGS in other districts shall be considered grounds for the issuance of a varianceVARIANCE. 7. No v-a-rianceVARIANCE from Chapters 26 and 27 of this Code shall be allowed where the term from which the varianceVARIANCE is sought is one that was raised as an issue during the PUD zone or final plat process. Amend Sec. 23-6-20. Appeals of administrative decisions. PAGE 271 2019-* ORD2019-02 4 -- Formatted: Widow/Orphan control, Keep lines together APPEALSAppeals to the Board of Adjustment brought under the provisions of Section 23-6-* 10,-A, above mustshall be made within thirty (30) days of the order, requirement, decision or refusal alleged to be in error. APPEALSAppeals of administrative decisions shall be made and processed as set forth below. A. Application Requirements. Applications to �'- PREALappeal 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. 42. A citation of the Code section of this Chapter which is the subject to the disagreement. 23. A written description of the grounds for the APPEALappeal; and the reasons held by the appellant for the favored interpretation. 34. Any other information determined to be necessary by the Board of Adjustment that will aid the Board of Adjustment in making a decision which will not impair the intent and purpose of this Chapter. 5. The application fee. B. Duties of the Department of Planning Services. The Department of Planning Services shall: 1. Review the application and determine that it is complete before scheduling consideration of the APPEALappeal by the Board of Adjustment. 2. — No change. 3. Review the application for consideration of the APPEALappeal and prepare comments for use by the Board of Adjustment, addressing all aspects of the AP,PEALappeal, its conformance with sound land use planning practices, the effect of granting or denying the APPEALappeal, 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 then 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 APPEALappeal. The concurring vote of four (4) members of the Board of Adjustment shall be necessary in order to decide in favor of the appellantapplicant on any :PPE—ALappeal of an administrative decision. The Board's decision shall be based only upon the information presented at the public hearing and its interpretation of Chapter 23 of this Code. Amend Sec. 23-6-30. Appeals for interpretation of zone district boundaries or lot lines. 4- AP-°EALSAppeals to the Board of Adjustment brought pursuant to Subsection 23 -6 -10.B - above shall be made and processed as set forth below: PAGE 272 2019-* ORD2019-02 Formatted: Keep lines together [Formatted: Underline Formatted: Justified, Indent: Left: 0.25", Hanging: 0.25", Widow/Orphan control, Keep lines together Formatted: Font: 12 pt Formatted: Normal, Indent: Left: 0", First line: 0", Keep lines together Formatted: Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together A. Application Requirements. APPEALSAppeals 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 APPEALappeal on the form as prescribed and furnished by the Department of Planning Services with the property owner's signature. If an authorized agent signs, a letter of authorization signed by all fee owners shall be included with the application. If the property is owned by a corporation, evidence that the signatory has the legal authority to sign for the corporation shall be included.. 2. and 3. — No change. 4. The application fee. B. Duties of the Department of Planning Services. The Department of Planning Services shall: 1. Review the application and determine that it is complete before scheduling consideration of the APPE-ALappeal by the Board of Adjustment. 2. — No change. 3. Review the application for consideration of the APPEALappeal and prepare comments for U-SEuse 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 APPEALappeal, 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°3 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. 4 A C. Duties of the Board of Adjustment. The Board of Adjustment shall hold a public hearing toff consider the APPEALappeal. 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 APPEALappeal for interpretation of zone district boundaries or lotLOT lines. The Board's decision shall be based upon only the information presented at the public hearing and its interpretation of Chapter 23 of this Code. Amend Sec. 23-6-40. Appeals for variance. * Appeals to the Board of Adjustment brought pursuant to Subsection 23-6-10.C above shall bea made and processed as set forth below. A. Application Requirements. Appeals for v-arianceAn 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. An 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. PAGE 273 2019-* ORD2019-02 • Formatted: Widow/Orphan control, Keep lines together L Formatted: Keep lines together Formatted: Justified, Indent: Left: 0.25", Hanging: 0.25", Widow/Orphan control, Keep lines together 1 Formatted: Font: 12 pt Formatted: Normal, Indent: Left: 0", First line: 0", Keep lines together Formatted: Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together 2. A plot plan showing the location of existing features, such as STRUCTURES, fences, streams, PUBLIC or private rights of wayRIGHTS-OF-WAY and STREETS/ROADS, access, etc. The plot plan shall include all proposed STRUCTURES. 3. and 4. — No change. 5. A statement that demonstrates that literal interpretation of the provisions of this Chapter would deprive the appellant of rights commonly enjoyed by other propertiesproperty owners in the same zoning district under the terms of this Chapter. 6. and 7. — No change. 8. Evidence that demonstrates that the varianceVARIANCE requested is the minimum varianceVARIANCE that will make possible the reasonable useUSE of the LOT, BUILDING or STRUCTURE. 9. — No change. 10. The application fee. B Duties of the Department of Planning Services. 1. The Department of Planning Services shall review the application and determine that it is complete before scheduling consideration of the AP--P-E Lappeal 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 (1010) 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 varianceVARIANCE. The Department's source of the ownership information shall be the application for varianceVARIANCE submitted by the appellant. 4. The Department of Planning Services shall review the application for consideration of the APREALVARIANCE and shall prepare comments for use by the Board of Adjustment, addressing all aspects of the APPEALVARIANCE, its conformance with sound land USE planning practices, the effect of granting or denying the AP--PEALVARIANCE 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 -4 adlacent 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 adeacent to a PUBLIC STREET/ROAD RIGHT-OF-WAY a second sign at the point at which the driveway (access drive) intersects a PUBLIC STREET/ROAD RIGHT-OF-WAY will be posted. The sign posting will be evidenced with a photograph. e PAGE 274 2019-* ORD2019-02 a - r Formatted: Justified, Widow/Orphan control, Keep lines together • J Formatted: Font: 12 pt Formatted: Normal, Keep lines together C. Duties of the Board of Adjustment. The Board of Adjustment shall hold a public hearing to consider the APPEALVARIANCE. 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 varianceVARIANCE. An appeal for va-rianceVARIANCE 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. — No change. 2. Literal interpretation of the provisions of this Chapter would deprive the appellant of rights commonly enjoyed by other p-roperticsproperty owners in the same zoning district under the terms of this Chapter. 3. — No change. 4. The reasons set forth in the application and testimony justify the granting of the varianceVARIANCE, and the vac-ianceVARIANCE is the minimum varian-ceVARIANCE that will make possible the reasonable USE of the LOT, BUILDING or STRUCTURE. 5. The granting of the varianceVARIANCE will be in harmony with the purpose and intent of this Chapter, and will not be injurious to the NEIGHBORHOOD or otherwise detrimental to the public health, safety or welfare. - Amend Sec. 23-6-50. Reserved. ARTICLE VII - Nonconforming Lots, Uses and Structures Amend Sec. 23-7-10. Intent. Within the zoning districts established by this Chapter or amendments thereto, there exist LOTS, 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. I4onconformingNONCONFORMING USES are declared by this Article to be incompatible with permitted USES in the zoning districts involved. Amend Sec. 23-7-20.Noneenf-orming Iot&REPEALED. PAGE 275 2019-* ORD2019-02 E Formatted: Widow/Orphan control, Keep lines together lFormatted: Keep lines together Formatted: Widow/Orphan control, Keep lines together Inany district in which SINGLE -FAMILY -DWELLINGS are permitted, a SINGLE FAMILY4 DWELLING and customary accessory STRUCTURES may be erected on any single LEGAL LOT, notwithstanding -I -imitations imposed by other provisions of this Ch . ovision shall apply ements for LOT area that are applicable in the zoning district, provided -that bulk requirements -other -than -those which apply -to -LOT -area -shall be Adjustment. Amend Sec. 23-7-30. Nonconforming uses of land. Where at the time of passage of this Chapter, or of passage of future amendments of thism Chapter, a lawful useUSE of land exists which would not be permitted by the regulations imposed by this Chapter or future amendment, the u-seUSE 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 useNONCONFORIVIING USE shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption of the ordinance codified herein or amendment of this Chapter_ without f+r-st having received a special review -permit pursuant to the proced:d- established in Article kr Division El -of- -is Che-p-ter- 2. A nonconfocmingNONCONFORMING USE shall not be extended or enlarged after adoption of the ordinance codified herein or amendment of this Chapter by erection of additional SIGNS intended to be seen from off the premises, or by the addition of other USES which would be prohibited in the zoning district involved. 3. No such nonconformingNONCONFORMING USE shall be moved in whole or in part to any portion of the LOT or parcel other than that occupied by such USE at the effective date of adoption of the ordinance codified herein or amendment of this Chapter. B. Substitution of USES. 1. A nonconformingNONCONFORMING USE may as a Use by Special Review be changed to another USE which does not conform to the USES allowed in the zoning district, provided that the Board of County Commissioners shall find that the proposed USE is equally appropriate or more appropriate to the zoning district and NEIGHBORHOOD than the existing no-reo-fo;mi gNONCONFORMING 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 nonconformingNONCONFORMING USE is replaced by a permitted USE, the nonconformingNONCONFORMING USE may not be reestablished. The permitted USE shall thereafter conform to the provisions of this Chapter. C. Abandonment. No nonconformingNONCONFORMING USE of land shall cease so long as the property and associated STRUCTURES associated with the non.cenfocmtngNONCONFORMING USE are being maintained in accordance with this Code. If any such nonconforrningNONCONFORMING USE of land ceases for any reason for a period of more than six (6) months, and the property and -associated STRUCTURES are not adeeq-ua-tely main -La , the noncen-f-o-rming useNONCONFORMING USE shall cease. Any subsequent USE of such LOT or parcel shall conform to the regulations specified by this Chapter for the zoning district in which such LOT or parcel is located. Amend Sec. 23-7-40. Nonconforming structures. PAGE 276 2019-* ORD2019-02 Formatted: Keep lines together Formatted: Widow/Orphan control, Keep lines together [Formatted: Keep lines together 1 Formatted: Widow/Orphan control, Keep lines together Where a lawful STRUCTURE exists at the effective date of adoption of the ordinance codified* herein or amendment of this Chapter that could not be built under the terms of this Chapter by reason of restrictions on area, LOT coverageCOVERAGE, height, its location on the LOT or other requirements concerning the STRUCTURE, such STRUCTURE may continue to exist so long as it remains otherwise lawful, subject to the following provisions: A. Repair and Restoration. Should such nonconformingNONCONFORMING STRUCTURE or nonconforming portion of a STRUCTURE be destroyed by any means to an extent more than fifty percent (50%) of its replacement cost at the time of destruction, it shall not be restored except in conformance with the provisions of this Chapter. Ordinary repairs the value of which do not exceed fifty percent (50%) of replacement cost of the STRUCTURE may be permitted. B Expansion or enlargement. No such ne-nconformingNONCONFORMING STRUCTURE or nonconforming portion of a STRUCTURE may be expanded, enlarged or altered in a way which increases its nonconformity, except that those STRUCTURES that are nonconforming by reason of noncompliance with existing SETBACK requirements may be expanded or enlarged so long as such expansion or enlargement does not further diminish the nonconforming SETBACK. No expansion or enlargement of STRUCTURES shall be allowed within an existing fight of-wayRIGHT-OF-WAY. C Substitution of STRUCTURES. Should such -oneonformingNONCONFORMING STRUCTURE be moved for any reason, for any distance whatever, it shall thereafter conform to the regulations for the zoning district in which it is located after it is moved. D. — No change. Amend Sec. 23-7-50. Nonconforming uses of structures. If a lawful USE of a STRUCTURE or STRUCTURE and premises in combination exists on the* effective date of adoption of the ordinance codified herein or amendment of this Chapter that would not be allowed in the zoning district under the terms of this Chapter, the USE of such STRUCTURE or STRUCTURE and premises may be continued so long as it remains otherwise lawful, subject to the following provisions: A. Repair and Restoration. An existing STRUCTURE devoted to a USE not permitted by this Chapter in the zoning district in which it is located which is destroyed by any means to an extent greater than fifty percent (50%) of its replacement cost at time of destruction shall not be restored, except to gain conformance with all provisions of this Chapter. The noncanformingNONCONFORMING USE mayshall not be reestablished after restoration. Ordinary repairs, the value of which do not exceed fifty percent (50%) of replacement cost of the STRUCTURE, may be permitted. B. Expansion or Enlargement. 1. A NONCONFORMINGnonconforming USE may be extended throughout any parts of a STRUCTURE which were manifestly arranged or designed for such USE at the time of adoption of the ordinance codified herein or amendment of this Chapter, but no such USE shall be extended to occupy any land outside such STRUCTURE, -without first h -awing received a Spey-ial Review Permit pursuant to the procedures established in Article II -7 Division -4 -of this C-bapter7 2. A noncenfornningNONCONFORMING USE shall not be extended or enlarged after adoption of the ordinance codified herein or amendment of this Chapter by erection or attachment of additional SIGNS intended to be seen off the premises, or by the addition of other USES which would be prohibited in the zoning district involved. PAGE 277 2019-* ORD2019-02 Formatted: Keep lines together 1 Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together 3. No such nonconformingNONCONFORMING USE shall be moved in whole or in part to any portion of the SLOT 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 nonconformingNONCONFORMING 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 nonconformingNONCONFORMING 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 nonconformingNONCONFORMING USE is replaced by a permitted USE, the nonconformingNONCONFORMING USE may not be reestablished. The permitted USE shall thereafter conform to the provisions of this Chapter. D. Abandonment. When a nonconformingNONCONFORMING USE of a STRUCTURE or STRUCTURE and premises is discontinued or abandoned for any reason for a period of more fhmone (1) year, any subsequent USE of such STRUCTURE or STRUCTURE and premises shall conform to the regulations specified by this Chapter for the zoning district in which such STRUCTURE or STRUCTURE and premises are located. ARTICLE VIII - Vested Property Rights Amend Sec. 23-8-20. Definitions. As usec in this Artic e, un ess tie context otherwise requires:For the purposes of this Article - VIII, certain terms or words used herein shall be interpreted as defined in Section 23-1-90. LANDOWNER : Any owner of a legal or equitable interest in real PROPERTY, and includes ty, city anc county, city or town, wiether statutory or come rule, acting through its governing body or any board, commission legally empowered urban renewal- author-i-ty. PROPERTY : All real PROP GOVERNMENT -TE-SPECIFIC DEVELOPMENT PLAN : A Us DEVELOPMENT Final Plan, SUBD VS ON fina D at, resubcivision or minor subcivision application which has been submitted to the County anc receives aporova or conditiona approva ore hts pursuant to Article 68 of Titl land USE applic-a-tion shall be considered a SITE SPECIFIC DEVELOPMENT PLAN. VESTED PROPERTY RIGHT: The right to undertake and -complete the DEVELOPMENT and USE of property uncer tie terms anc conditions of a SITE SPECIFIC DEVELOPMENT PLAN. Amend Sec. 23-8-30. Duration, termination. PAGE 278 2019-* ORD2019-02 4 - Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together Formatted: Widow/Orphan control, Keep lines together A PROP-ERT-Yproperty right which has been vested as provided for in this Article shall remain vested for a period of three (3) years. This vesting period shall not be extended by any amendments to a SITE SPECIFIC DEVELOPMENT PLAN unless expressly authorized by the Board of County Commissioners. Amend Sec. 23-8-60. Development agreements. 6 The Board of County Commissioners may enter into development agreements with landowners providing that PROP--ERTYproperty rights shall be vested for a period exceeding three (3) years where warranted, in light of all relevant circumstances, including, but not limited to, the size and phasing of the DEVELOPMENT, economic cycles and market conditions. Such development agreements shall be adopted as legislative acts subject to referendum as provided for in the Home Rule Charter. Amend Sec. 23-8-90. Other provisions unaffected. I 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 PROPERTYproperty subject to land USE regulation bya-L-O-CAL—DOVE-RNMENTthe COUNTY including, but not limited to, building, fire, plumbing, electrical and mechanical codes. ARTICLE X - Enforcement Amend Sec. 23-10-20. Criminal penalties. 4 A. It is unlawful to erect, construct, reconstruct or alter any BUILDING or STRUCTURE in violationVIOLATION of any provision of this Chapter. Any person, firm or corporation violating any provision of this Chapter is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than one hundred dollars ($100.00), or by imprisonment in the County jail for not more than ten (10) days, or by both such fine and imprisonment. Each day during which such illegal erection, construction, reconstruction or alteration continues shall be deemed a separate offense. B. It is unlawful to use any BUILDING, STRUCTURE or land in violationVIOLATION of any provision of this Chapter. Any person, firm or corporation violating any provision of this Chapter is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than one hundred dollars ($100.00), or by imprisonment in the County jail for not more than ten (10) days, or by both such fine and imprisonment. Each day during which such illegal USE of any BUILDING, STRUCTURE or land continues shall be deemed a separate offense. PAGE 279 2019-* ORD2019-02 ( Formatted: Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together i i C. Whenever the Department of Planning Services, through one (1) of its employees, has personal knowledge of any violationVIOLATION of this Chapter, it shall give written notice to the violator to correct such violationVIOLATION within thirty (30) days after the date of such notice. Should the violator fail to correct the violationVIOLATION within such thirty -day period, the Department of Planning Services may request that the Sheriffs office issue a summons and complaint to the violator, stating the nature of the violationVIOLATION with sufficient particularity to give notice of said charge to the violator. The summons and complaint shall require that the violator appear in court at a definite time and place stated therein to answer and defend the charge. One (1) copy of said summons and complaint shall be served upon the violator by the Sheriffs office in the manner provided by law for the service of a criminal summons. One (1) copy each shall be retained by the Sheriffs office and Department of Planning Services and one (1) copy shall be transmitted to the Clerk of the Court. D. — No change. E. Any person who violates any provision of Article IX of this Chapter commits a Class 2 petty offense, and upon conviction thereof, shall be punishable by a fine of three hundred dollars ($300.00) for each separate violation -VIOLATION. Any arresting law enforcement officer shall follow the penalty assessment procedure provided in Section 16-2-201, C.R.S., for any violationVIOLATION of said Article IX. Amend Sec. 23-10-30. Equitable relief in civil action. 4 A. In case any BUILDING or STRUCTURE is or is proposed to be erected, constructed,4 reconstructed, altered or used, or any land is or is proposed to be used, in violationVIOLATION of any provision of this Chapter, the County Attorney, or where the Board of County Commissioners deems it appropriate, the District Attorney, in addition to the other remedies provided by law, ordinance or resolution, may institute an injunction, mandamus, abatement or other appropriate action or proceeding to prevent, enjoin, abate or remove such unlawful erection, construction, reconstruction, alteration or USE. B. The County Attorney, acting at the request of the Board of County Commissioners, or the District Attorney, pursuant to Section 16-13-302, C.R.S., may bring an action in the District Court for the COUNTY for an injunction against the operation of an ADULT BUSINESS, SERVICE OR ENTERTAINMENT ESTABLISHMENT for repeat or continuing violations -VIOLATIONS. Amend Sec. 23-10-40. Civil penalties. PAGE 280 2019-* ORD2019-02 4 Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together Formatted: Widow/Orphan control, Keep lines together A. It is unlawful to erect, construct, reconstruct, alter or use any BUILDING, STRUCTURE oro land in violation -VIOLATION of this Chapter. In addition to any penalties imposed pursuant to Sections 23-10-20 and 23-10-30 above, any person, firm or corporation violating any such regulation, provision or amendment thereof or any provision of this Chapter may be subject to the imposition, by order of the COUNTY Court, of a civil penalty in an amount of not less than twenty-five dollars ($25.00), nor more than one thousand dollars ($1,000.00). It is within the discretion of the County Attorney to determine whether to pursue the civil penalties set forth in this Article, the remedies set forth in Sections 23-10-20 and 23-10-30 above, or both. Each day after the issuance of the order of the COUNTY Court during which such unlawful activity continues shall be deemed a separate vi-elationVIOLATION and shall, in accordance with the subsequent provisions of this Section, be the subject of a continuing penalty in an amount not to exceed one hundred dollars ($100.00) for each such day. Until paid, any civil penalty ordered by the COUNTY Court and assessed under this Subsection A. shall, as of recording, be a lien against the property on which the violationVIOLATION has been found to exist. In case the assessment is not paid within thirty (30) days, it may be certified by the County Attorney to the County Treasurer, who shall collect the assessment, together with a ten -percent penalty for the cost of collection, in the same manner as other taxes are collected. The laws of the State for assessment and collection of general taxes, including the laws for the sale and redemption of property for taxes, shall apply to the collection of assessments pursuant to this Subsection. Any lien placed against the property pursuant to this Section shall be recorded with the County Clerk and Recorder. B. In the event any BUILDING or STRUCTURE is erected, constructed, reconstructed, altered or used or any land is used in v+etaticnVIOLATION of this Chapter, the County Attorney, in addition to other remedies provided by law, may commence a civil action in COUNTY Court for the County, seeking the imposition of a civil penalty in accordance with the provisions of this Section. C The Department of Planning Services, through one (1) of its employees designated by resolution of the Board of County Commissioners, shall, upon personal information and belief that a violationVIOLATION of any regulation or provision of this Chapter has occurred, give written notice to the violator to correct such violationVIOLATION within ten (10) days after the date of such notice. If the violator fails to correct the violationVIOLATION within such ten-day period or within any extension period granted by the Department of Planning Services, the violator shall be given a second written notice that the '4o-lationVIOLATION matter has been referred to the County Attorney for legal action, unless the violator requests, in writing, a meeting with the Director of the Department of Planning Services. Following such meeting, the Director of the Department of Planning Services may grant the violator additional time to cure the vOIa-ti-BRVIOLATION or may request that the County Sheriff or the County Attorney issue a summons and complaint to the violator, stating the nature of the violationVIOLATION with sufficient particularity to give notice of such charge to the violator. D. — No change. E. If the County Court finds, by a preponderance of the evidence, that a violationVIOLATION of 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 by the violator to the County Treasurer. In the event that the alleged violationVIOLATION has been cured or otherwise removed at least five (5) days prior to the appearance date in the summons, then the County Attorney shall so inform the Court and request that the action be dismissed without fine or appearance of the defendant. PAGE 281 2019-* ORD2019-02 Formatted: Keep lines together 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 vie-I-ationVIOLATION 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 violationVIOLATION 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 violationVIOLATION has been cured, removed or corrected. Amend-Se-onship--to other ordinanGes. A The Department of Building Inspection -shall withhold issuance of Building -Permits if the USE of thoi property does not conform to the terms set forth in this Chi-apter and any other specified County ordinance where made applicable by the terms set forth in the specified ordinance including, but not limited -to; those ordinances-contained--in--Chaptere-20, 24, 26, 27 and-20-of--this-Cede: ARTICLE XI - Floodplain Management Ordinance Division 1 - General Provisions Amend Sec. 23-11-310. Definitions. Unless specifically defined below or in Section 23-1-90 of this Code, words or phrases usedt and to give this ORDINANCE its -most reasonable application. The following specific words or phrases in uppercase letters shall have the meanings as stated in this -Section. For the purposes of this Article XI, certain terms or words used herein shall be interpreted as defined in Section 23- 1-90 100 YEAR FLOOD: A FL OGD-having a recurren-ce-interval that has a one percent chance -of 11 "one percent -chance FLOOD" are synonymous wit -h -the term 100 -YEAR FLOOD . The -term does not imply that the flood will necessarily happen once every one hundred (100) years. 100 -YEAR FLOODPLAIN: The area of land susceptible to being inundated as a result of the occurrence of -the 100 YEAR FLOOD. 500 YEAR -FLOOD: A FLOOD having a recucrence-i-n-terval that has a 0.2 percent chance of I II synonymous with the term 500 YEAR FL-OO-D-7-The term does not imply that the flood will necessarily happen once every -five hundred (500) years. S04 -YEAR FLOO-DPLAIA/: The area of land -susceptible to inundation as a result of -the 500 YEAR FLOOD. square footage of an existing STRUCTURE. PAGE 282 2019-* ORD2019-02 A [Commented [JF65]: No changes to current code. Formatted: Highlight Formatted: Highlight Formatted: Highlight Formatted: Widow/Orphan control, Keep lines together l I Formatted: Widow/Orphan control, Keep lines together Formatted: Keep lines together 1 ( Formatted: Keep lines together ALTERATION OR RELOCATION OF A WADEVELOPMENT which changes the direction of f ow of water in a river or stream. Any C -ANNEL ZATION of a river or stream is also considered to be an ALTERATION OR RELOCATION OF A WATERCOURSE. BASE FLOOD: The FLOOD having a-one-perce-nf-cl-----�--------.I._�_______�_-_� any given year. BASE FLOOD ELEVATION (BFE): The elevation shown on a FEMA FIRM that indicates the WA —ER SURFACE E_EVA— Ov resLlti-ng from a FLOOD that has a one percent chance of equa ing or e-xceecinc hat evg- in any given year. BASEMENT: Any floor level below the first story or main floor of a BUILDING, having its floor sub grade (below ground level) on all sides. The lowest floor of a residential building, including basements, must be one (1 -)-foot above the BASE FLOOD ELEVATION (BFE). BEST AVAILABLE DATA: Any FLOOD -data available from the federal or state governments or any other source that is util-ized by the FLOODPLAIN ADMINISTRATOR to determine the BASE FLOOD WATER SURFACE ELEVATION or FLOODWAY location. The sources of data may include, but are not limited to: a---FEMA publications such as guidance dog ents po - - -- - - --+ —I- -1- - � 14 -I---4--- and regulations; b. State publications and regulations; and o— Other published or unpublished FLOOD studies. CHANNEL: T �e physica confines of a stream or waterway consisting of a bed anc stream banks and existing in a variety of geometries. CHANNELIZATION: The artificial creation, enlargement or r alignment of a stream CHANNEL. CONDI T project which does -Rot revise an effective FLOODPLAIN map and would, upon construction, affect tie iycro ogic or iycrau is ciaracteristics of a FLOOD NG source anc tius resu t in tie mocification of tie existing regu atory FLOODPLA N. CRAWL -SPACE BELOW -GRADE: A BELOW GRADE CRAWLSPACE is a crawlspace--that has an interior grade no more than two (2) feet lower than the exterior grade and is below the base flood elevation. All BELOW GRADE CRAWLSPACES must comply with -Technical Bulletin 11 CRITICAL FACILITY: A STRUCTURE or related infrastructure, but not the land upon which azards interrupt -essential -services and operations for the COUNTY at any time before, during or after a F-LOOD. CRITICAL FACILITIES are classified under the following categories: (A) Essential Seises; (B) Hazardous Materials; (C) At Risk Populations; and (D) Vital -to Restoring Normal Services. a. Essential Services CRITICAL FACILITIES. 1) Essential Service CRITICAL FACILITIES include, but are not limited to: a) Public safety facilities such as police stations, fire and rescue stations, emergency vehicles anc centers; equipment storage and emergency operations PAGE 283 2019-* ORD2019-02 b) Emergency medical facilities such as hospitals, ambulance service centers, urgent care centers with emergency treatment functions and non ambulatory surgical STRUCTURES, but excluding clinics, doctors' offices and non-urg-eat care medical STRUCTURES that do not provide emergency treatment functions; d) Communications systems such as main telephone hubs, broadcasting equipment for cable systems, satellite TV systems, cellular phone systems, +� \/iGainn rn ry try 'mnl` enFnnr �'\,nnra r\f rtnnr� rrarr\r+\/ \w.rrr ne-. +a ir.4r.i"n.% �.i� r+ir` •'ding the towers, poles, cables and conduits; Public utility plant facilities for generation and distribution, such as hubs, but not including -the towers, poles, power lines, buried pipelines, transmission f) tires, c -r Oa 'on res arc serVice •r.es; ar-d Air transportation lifelines such as airports (municipal and larger), helicopter pads and STRUCTURES serving emergency functions, and associated equipment aircraft hangars). Specific exemptions to Essential Service CRITICAL FACILITIES include wa power -generating p ants anc re atec appurtenances. 3) Public utility plant facilities may be exempted from the definition of Essential Service C redundant system for which service will not be interrupted during a FLOOD. At a minimum, it -s -hall be demonstrated that redundant facilities are available (either owned by the same utility or available tirougi an intergovernmenta agreement or other contract) and connected, the alternative -facilities are -either located outside of tie ' 00 YEAR FLOODPLA N or are coma iant witi tie provisions of this wi provide service to tie a-ectec area in ie even- of a FLOOD. Evidence of ongoing redundancy shall be provided upon request. b. Hazardous Materials CRITICAL FACILITIES. azardous Materia s CR T CA FAC ES inc ude, bu are not invited to: a) Chemical and pharmaceutical plants; b) Laboratories containing highly volatile, flammable, explosive, toxic and/or water -reactive materials; c) Refineries; d)Hazardous waste storage and disposal sites; e)— Aboveground gasoline or propane stor-age or sales centers; PAGE 284 2019-* ORD2019-02 .5 f)) ----Facilities which produce or store chemicals in -quantities in excess of regulated threshold limits. If the owner of a facility is required by OSHA to keep a Material Safety Data Sheet (MSDS) on file for any chemical stored or used in the workplace and the chemical is stored in quantities -equal to or greater than the re ntal-Protection Agency Threshold -Planning Quantity for that chemical, then that facility will be considered a CRITICAL FACILITY. 2) Specific exemptions to azarc ous Materia s CR CAL FAO T ES inc uce: a) Finished oe mer-p-roc+ thin--retail--centers-a-n l-rhroasel --t-i- ------------ hazardous materials intended for household use and agricultural products intended for agricultural use; b) Buildings or other structures containing iazarcous materia s for wiici i- can be demonstrated to the satisfaction of the COUNTY by hazard assessment and certification by a qualified professional that a release of the subject hazardous material does not pose a major threat to the public; or c) Pharmaceutical sales, use, storage and distribution centers that do not manufacture pharmaceutical products. At -Risk Populations CRITICAL FACILITIES. 1-) At risk-po-pula-tioN facilities include, but are not limited to: a) Elder care facilities, including nursing homes; b) Congregate care serving twelve (12) or more individuals, including -day care and assisted living facilities; and c-) Public and private schools, including preschools, K 12 schools and before and after school daycare serving twelve (12) or more children. CRITICAL FACILI-TIES Vital -to Restoring Normal Services. 1) CRITICAL FACILITIES Vital to Restoring Normal Services include, but are not limited to: a) Essential government operations, including public records, courts, jails; i r'acT'r m ett , m a i nl-te-n a nTu n ce-an d en u ip m e n r+o n ._- -- n c--'- b) Essential STRUCTURES for public colleges and universities, including dormitories, offices and classrooms. 2) CRITICAL FACILITIES Vital to Restoring Normal Services listed in Paragraph 1) above may be -exempted -from the -definition of CRITICAL FACILITIES -if -it -is :em for which service will not be interrupted during a FLOOD. At a minimum, it shall be demonstrated that redundant facilities are availabl through an-intecgo-vernmental -agreement or other contract)--and-connected, the a :erra-.ve s'acs les are e•-ser oca:ecd oL:s.ce o" .ie '00 YEAR _ _OOD2LA \ or are compliant with the -provisions of this ORDINANCE, and an operations plan -is in effect that states how redundant systems will provide service to the affected area in the event of a FLOG -D: -Evidence -of ong-oi-ng--redundancy snail be provided upon -request PAGE 285 2019-* ORD2019-02 e. Exemptions listed for particular categories of CRITICAL FACI-CITIES shall not -apply to STRUCTURES or related —infrastructure that to function as CRITICAL FACILITIES ory outlined in this definition. DEVELOPMENT: Any man made change to improved o -r u-n-irn-p-rowed Feel estate, including but not limited to BUILDINGS or other STRUCTURES, mining, dredging, filling, grading, paving, ELEVA TEo build or raise a STRUCTURE to a minimum of one (1) foot above the BASE FLOOD ELEVATION. ELEVATED BUILDING: A BUILDING without a BASEMENT and: a. But in iecase o=aBU_D \G in Zones A' 30, PE A. A99. AO. A B, C,XancD,to ear walls parallel to the floor of the water; and b. Adequately anchored so as not to impala --the structural integrity -of -the -BUILDING during e of the BASE FLOOD. includes a BUILDING ELEVATED by means of FILL or solid foundation perimeter wall with commenced b I, -EXISTING EXISTING MANUFACTURED HOME PARK OR SUBDIVISION: A MANUFACTURED /iP OAPV (lP CI IRrll\/ICIf NI fnr ►nih,rh +ha rnnc+r„r+,nn of f-ntlt+lane+ fnr c"e niti+inn 4ke I ( tO wiici ie VIAND =AC—I,R`D -OWES are :o be axed (including, at a minimum, the installation of utilities, construction of streets and either final site grading or the pouring of concrete pads) is completed before the effective date of the COUNTY adoption of this ORDINANCE. EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION : The MANUFACTURED HOMES are to be affixed (including, at a minimum, the installation of utilities, placed or stored upon the surface of the ground. FLOATABLE-MATERIALS=A-ny material that is -riot secured in--place-that could float-offsite during the occurrence of a FLOOD and potentially -ca or that —c BLE MATERIALS include, but are not limited to, lumber, vehicles, boats, equipment, drums or other containers or pieces of material that are likely to float. of normally dry land areas from: a-—The-overflow of water from CHANNELS and reservoir spillways; and/or id accumulation or runoff of surface waters from any source. delineated the SPECIAL FLOOD HAZARD AREAS, the FLOODWAY and the risk premium zones applicable to the COUNTY. PAGE 286 2019-* ORD2019-02 FLOOD INSURANCE RATE MAP (FIRM): The official map on which FEMA has delineated both the SPECIAL FLOOD HAZARD AREAS and the risk premium zones applicable to the COUNTY. FLOODNSURA CE FfS)=TI- ----- - -�--eport provided by FEMA that includes FLOOD profi es, :le =_OOD 3OL\ DARY AND = _OODWAY VA2 arc the WATER SURFACE ELEVATION of the BASE FLOOD. FLOODPLAIN oato being inundated as a result of a FLOOD, includin o a reservoir. FEMA mappec =LOODPLA NS are shown on =EMA's D RM, = RM and FBFM maps. FLOODPLAIN ADMINISTRATOR: acm-i n+ster+ng--a nc enforcing his ORD e cesignated COUNTY official responsible for \ANCE. FLOODPLAIN DEVELOPMENT PERMIT: A permit required before construction or DEVELOPMENT begins within any SPECIAL FLOOD HAZARD -AREA (SFHA). Permits are required to ensure teat proposes DEVELOPMENT projects meet the requirements of the National Flood Insurance Program and this ORDINANCE. FLOODPLAIN—MANAGEMENT: The operation of an overall program of corrective and preparedness plans, FLOOD control works and enactment and updating of this ORDINANCE. nce enacted by the Board of Weld County Commissioners pursuant to Title 29, Article 20 and Title 30, Article 28, C.R.S., for the purpose of FLOOD damage prevention and reduction. FLOODPROOF or FLOODPROOF I and nonstructural designs, cianges or ac:ustments to STRUCTURES, witi the exception of steel -rings surrounding of ano gas storage vesse s, wiici recuce or e iminate FLOOD carnage to rea estate, improvec real property, water and sanitary sewer -facilities, and STRUCTURES and their contents. FLOODWAY (REGULATORY FLOODWAY): The CHANNEL of a river or other BASE FLOOD without cumulatively increasing tie WATER SLR=ACE ELEVAC ON more tian a designated heig it. Tie statewice stancarc for tie cesignated ieight to be used for -all newly studied reaches shall be one-half (14) foot (six [6] inches). Holders of valid LETTERS OF MAP REVISION to existing FLOODWAY delineations may continue to use the FLOODWAY criteria in place at the time of the existing FLOODWAY delineation by FEMA. FEMA's mapped FLOODWAYS are shown on the FIRM and FBFM maps. HIGHEST ADJACENT GRADE: The highest natural -elevation of-t-he--g-r-ound su- f-ace-p-r-lar to construction next to the proposed walls of a STRUCTURE. I-IISTORIC STRUCTURE: Any STRUCTURE that is: a. Listed individually in the National Register of Historic Places (a listing maintained by the Department -of -the Interior) or -preliminarily determined by the United States Secretary of tie nterior as-mecti -g-he roqui ents for incivicua fisting on tie National Register; b. Certified or pre iminari-y ceterminec by tie Unitec States Secre-ary of the Interior as contributing to the- historical significance of a registered historic -district or a district preliminarily determined by the Secretary to qualify as a registered historic district; c. lndividua PAGE 287 2019-* ORD2019-02 Individually listed on th-historic places in communities with historic preservation programs that have been certified by the State. effective FEMA maps. A _OVC can be in :ie form of a _OVR, _OVA, _OVR = or DIVR. LETTER OF MAP AMENDM€ALT (LOMA): A letterfromFEMA officially revising the effective FIRM and FEMA's acknowledgme-nt tiat a property is not ocatec in a SPEC AL F_OOD -AZARD AREA. LETTER OF MAP REVISION (LOMB): A le FEMA maps and showing changes -in FLOOD zones, delineations and elevations. I CTTCO (TC AA/II7 DC%/!Oir1111 0A c'cri rini rll 1 /1 norm r1 rra►nni_ ____i.r. e effective v regulatory FLOODWAY. LEVEE: A —man-made STRUCTURE, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary FLOODING LOWEST FLOOR: The LOWEST FLOOR of the lowest enclosed area, including any crawlspace or BASEMENT. Any floor used for living purposes which includes working, storage, n an area osier -ian a BASEV NT a -ea, 's rot considered a BUILDING'S LOWEST FLOOR; provided that such enclosure is not built so as to render the STRUCTURE in violation of the applicable nenelevation requirement of 44 CFR 60.3. MANUFACTURED HOME: A S—RUC—URE transportable in one 0 -y -or more sections, which the same rules applying to MANUFACTURED HOMES shall apply to MOBILE HOMES. MANUFA-G-TURED HOME P-A-RK OR SUBDIVISION: A parcel or contiguous parcels of l--nd civicea into two (2) or more MANUFACTURED -OWE LOTS for rent or sa e. MEAN SEA LEVEL: For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datu other datum to which BASE FLOOD ELEVATIONS shown on the COUNTY'S FLOOD INSURANCE RATE MAP are referenced. NEW CONSTRUCTION: S—RUCLRES -or wiici :1e S — 0- CONS RUCs ON commenced on or after August 25, 1981, and includes any subsequent- ovements to such STRUCTURES. NEW MANUFACTURED HOME PARK OR SUBDIVISION: A IVANU=AC—LRED -OVE PARK OR SUBDIVISION for which the construction of facilities for servicing the LOTS on which tie IVAN-UFACTURED 1 -ONES are to be affixes (inducing, at a minimum, the insta ation of utilities, the construction of streets and eider fina site -grading or the po completed on or after August 25, 1981. PAGE 288 2019-* ORD2019-02 NO RISE CERTIFICATION: A record of the results - determine whether a project will increase FLOOD heights in a FLOODWAY. A NO -RISE CERTIFICATION -must be supported technical -data and signed by a registered Colorado professional engineer. T model used to d le supporting technica ata s d be based on :le computer program IRM or FBFM. PHYSICAL MAP REVISION (PMR): An official revision to currently effective FEMA maps. RMR-s are issuedby-FEMAand-document-changes to -FLOOD zones, delineations -and elevations. PMRs generally cover more than one (1) FIRM par -el. RECREATIONAL VEHICLE A vehicle which is: a. Built on a single chassis; b. Four hun projection; c. Designed to be self propelled or permanently towable by a d. Not primarily desi•g-ned-for use as a permanent dwelling but instead as temporary living quarters for recreational, camping, travel or seasonal USE. SPECIAL FLOOD HAZARD AREA: le anc in .le =_OOD LA \ w :lin :ue COL CY subject to a one percent or greater chance of FLOODING in any given year. The area may be E, AH, AO or Al A99 on the FIRM or FHBM. SPECIAL FLOOD HAZARD AREAS are periodically amended by FEMA via a LE -I --I ER OF MAP CHANGE. The designated SPECIAL FLOOD HAZARD ZONE AREAS are as follows: a. Zone A (Approximate F ooc F _OOD E _EVAT ONS anc FEMA. 3 ain) is a SPECIAL FLOOD LOOD HAZARD factors AZARD AREA where BASE lave not been determined by b— Zone AH is a SPECIAL FLOOD HAZARD -AREA where shallow FLOODING occurs and shown but no FLOOD HAZARD factors have been determined by FEMA. c. Zone AO is a SPECIAL FLOOD HAZARD AREA where shallow FLOODING occurs and flood depths are between one (1) and three (3) feet with the average depth of FLOODING siown but no FLOOD -AZARD factors iave been determinec by FEIVA. d. Zones AE and Al A30 are SPECIAL FLOOD HAZARD AREAS where BASE FLOOD ELEVAT O \IS anc. F _OOD -AZARD factors lave been ceterminec py FEMA. e. Zone B and Zone X (shaded) are SPECIAL FLOOD HAZARD AREAS that are between the li -�-� minimal risk of FLOODING. PAGE 289 2019-* ORD2019-02 S -TART OF CONSTRUCTION ( p : The date the BUILDING permit was issued, including BUILDING permits for SUBSTANTIAL IMPROVEMENTS, provided that the actual START OF CONSTRUCTION, repair, reconstruction, o acement or otier improvement was witiin one Vcrec eigity (180) says of the permit date. The actual start means the first placement of permanent construction of a STRUCTURE on a site -,- such as the pouring of slab or footings, the installation of piles, the construction of columns or any work beyonc tie stage of excavation; or tie 3 ace foundation. Permanent construction does not include land preparation, such as clearing, grading nor does it include the installation on the property of accessory BU LD NGS, suci as garages or sheds not occupied as dwelling units or not part of the main STRUCTURE. For SUBS-TANTIAL ceiling, floor or other structural part of a BU external dimensions of the BUILDING. LD NG,w tether or not that a teration affects the kind or any piece of work artificially built up or c manner, but not including poles, lines, cab es or cistribution facilities of public utilities Includes a me definite MANUFACTURED HOMES. SUBSTA, cost of restoring the STRU percent (50%) of the market value of the STRUCTURE just prior to when the damage occurred. SUBSTANTIAL IMPconstruction or improvement of a STRUCTURE, the ent (50%) of the market value of the STRUCTURE befe-r work performed. The term does not, however, include either: living conditions; or a. Any alteration of a HISTORIC STRUCTURE, provided that the alteration will net preclude the STRUCTURE'S continued designation as a HISTORIC STRUCTURE. VARIANCE : A grant of rehef to a person from a requirement or requirements of this OR-D-,NANCE when specific enforcement wou d result in unnecessary hardship. A VARIANCE, therefore, permits construction or DEVELOPMENT in a manner otherwise prohibited by this ORDINANCE. with this ORDINANCE. WATERCOURSE : A na.cra or ar - can flow, either regularly or infrequently. icia c ianne areas. PAGE 290 trough which stormwater or FLOOD water ationa Geodetic Vertical 2019-* ORD2019-02 WATER -TIGHT : Impermeable to the passage of water and--ca-pa-b-le of resisting —the hydrostatic and hydrodynamic oaes aria tie effects of ouoyancy curing a BASE = _OOO. PAGE 291 2019-* ORD2019-02 APPENDIX 23-C - PERMITTED SIGNS BY TYPE AND ZONE DISTRICT BannerBANNER SIGN no no no no no no no yes/ yes/ tz 'z yes/ z yes/ z yes/ z yes/ z yes/ Iz yes/ z ; riJhearpILLBOARD (not no no - - yes/ z yes/ z yes/ f ! z yes/ z I yes/ z yes/ z yes/ z no - allowed in PUD) no - -I no no - -no- - - -no- - Buildin UILDING SIGN Jno `n]r!r no7no { i yes/ JZ yes/es/yes/ z !Z Z IZ yes/ z qmo no no o � Building Marker BUILDING [yes yes - yes - ` yes _ __� yes yes - - yes yes i yes r yes MARKER }i¢ yes yes yes- - -yes- - -yes- - Can� e,CANOPY SIGN no no T . yes/ I - yes/ z yes/ •Z .Z yes/ no no no - -•Z---- yes/ , yes/ Z yes/ z - J-} no no Fno r Development d /z yes/ z yes/ z yes/ z yes/ j z FlagFLAG I i yes yes i yes yes _ i yes yes _1 T yes _ # `-�- yes yes _ yes _ ] yes yes yes ayes yes Freestandin REESTANDI 9 no- yes/ - z y es/ T- z yes/ --- z yes/ z y es/ - - -' z y ' es/ ; -- z i y es/ -- z y es/ --_1 z gF NG SIGN y es no -no- - -Ideatifieatie+ DENTIFICATIO ` j yes yes yes yes yes yes - yes II I yes - I yes yes - N SIGN - - ; yes -- -yes -yes- - -yes- - eyes Incidental yes/ ; a yes/_ a ! yes { I yes i yes yes - yes - yes - yes yes ,INCIDENTAL yes yes/ yes/ yes/ yes/ SIGN . /a a a i a a DOFF -SITE DIRECTIONAL ii T no no - Yes/ % I !z I - �� yes/ yes/ z yes/ z yes/ z ,z yes/ yes/ z no SIGNOff-Site Directional (not yes no no I f no no t/z allowed in PUD) I Politics OLITICAL SIGN lP es � Y Y es yes yes es es es I yes Yes yes yes yes yes , yes yes Yes _Eyes _ ; yes _ _ 1 r Real Estate Promotional l REAL ESTATE yes , yes/ yes/ yes/ . yes/ yes/ yes/ yes!, yes/ yes/ yes/ yes/ yes/ yes/ yes/ r PROMOTION SIGN /z z z z•z z z I z z z z z z z z ResidentialRESIDENTIAL 1 .yes -r- 'no - SIGN =yes f yes yes yes yes yes no no no no :no no no SuspendedSUSPENDED yes/ yes/ yes/ yes/ yes/ yes/ yes/ yes/ SIGN ;no no }no no :no no no z z Iz z z z z z TemporaryTEMPORARY # I 'yes -- -1 SIGN yes yes yes •yes yes yes yes yes yes yes yes yes yes yesii WindowWINDOW SIGN 1 no no i no . no ' no 1 no I no I yes yes yes yes no no no 1 no 4--- -‘ t a BEACONS, ROOF SIGNS, PENNANTS, inflatable, tethered balloons, PORTABLE SIGNS and strings of light bulbs used for commercialCOMMERCIAL purposes other than traditional holiday decorations are not allowed in any zone district. KEY TO ABBREVIATIONS A "Agricultural Zone District R-1 Low -Density Residential Zone District R-2 Duplex Residential Zone District R-3 Medium -Density Residential Zone District PAGE 292 2019-* ORD2019-02 Formatted: Widow/Orphan control, Keep lines together f _ 1 Formatted: Widow/Orphan control, Keep lines together Formatted Table l Formatted: Widow/Orphan control, Keep lines together Formatted: Font: 9 pt Formatted: Widow/Orphan control, Keep lines together [Formatted: Font: 9 pt Formatted: Widow/Orphan control, Keep lines together Formatted: Font: 9 pt ( Formatted Formatted: Font: 9 pt ( Formatted Formatted: Font: 9 pt ( Formatted Formatted: Font: 9 pt ( Formatted Formatted: Font: 9 pt ( Formatted • Formatted: Font: 9 pt ( Formatted Formatted: Font: 9 pt ( Formatted: Font: 9 pt ( Formatted ( Formatted m1 Formatted: Font: 9 pt ( Formatted ( Formatted ( Formatted ( Formatted ( Formatted ( Formatted fFormatted Formatted ••• [9] [10] ... [131 Formatted n6, l R-4 High -Density Residential Zone District R-5 Mobile Home Residential Zone District E Estate Zone District C-1 Neighborhood Commercial Zone District .C-2 General Commercial Zone District C-3 ' Business Commercial Zone District C-4 !Highway Commercial Zone District Industrial Zone District Industrial Zone District INS k i♦ Industrial Zone District 1 " 4 4 , t Institutional - Churches, schools, cemeteries; -public par-lam--and--public recreation facilities CHURCHES, SCHOOLS, CEMETERIES, PUBLIC PARKS and PUBLIC RECREATIONAL...I+ ' FACILITIES in Agricultural and Residential Zone Districts and Planned Unit Development (PUD) ',s Zone District shall be evaluated by the underlying use(-s-)USE(S; unless otherwise stated YES Such SIGN is allowed without prior zoning approval YES/Z Such SIGN is allowed only with prior zoning approval NO Such a SIGN is not allowed YES/A I No COMMERCIAL MESSAGE of any kind allowed on SIGN PAGE 293 .11 2019-* ORD2019-02 • , Formatted: Widow/Orphan control, Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Widow/Orphan control, Keep lines together i Formatted: Widow/Orphan control, Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Widow/Orphan control, Keep lines together allowed in PUD) Bu+ld+ngBUILDING SIGN APPENDIX 23-D - NUMBER AND DIMENSIONS OF INDIVIDUAL SIGNS BY ZONE DISTRICT AND TYPE %M BannerBANNER SIGN NUMBER ALLOWED 1 per zor-I-etZONE LOT 1 per zone IetZONE LOT. No billboa-rdBILLBOARD shall be Billboar-d BILLBOARD (not located less than 500 ft. from any other b-illbeardBILLBOARD or off site direet4onal signOFF- SITE DIRECTIONAL SIGN. No limit MAXIMUM SIGN AREA 40 sq. ft. MAXIMUM HEIGHT 300 sq. ft. 40 ft. On a given wall, the sum of all BUILDING 1 require l uN S e which a , No higher than the' q p of the I zoning permit buildingBUILDING shall not 'exceed 8% of that wall's sq. ft. Building MarkerBUILDING MARKER 1 per buildingBUILDING CanopyCANOPY SIGN T 1 4 sq. ft. jl0% of the vertical surface of the canopy per buildingBUILDING face „or 25 sq. ft., 'whichever is smaller I DevelopmentDEVELOPMENT SIGN 1 per Planned Unit C & I - 150 sq. De-velopnaentPLANNED UNIT t all other C & I - 25 ft. all DEVELOPMENT, Minor or zones - 32 sq. others - 8 ft. Major Subdivision eft. EI-agF LAG 1 per zone-IetZONE LOT A, R, & E - 15 sq. ft. total A, R, & E - 15 ft. C, I & INS - 60 C, I & INS - 30 ft. sq. ft. total Frccstand+ngFREESTANDING SIGN A, INS - 1 per zone--IotZONE LOT. C & I - 1 per ZONE LOT, 1 per each 500 ft. of road frontage or 1 per each different road frontage, whichever is greater.* A-16sq. ft. C&I-25 ft. C&I-150sq. A-6ft. ft. INS - 15 ft. INS - 32 sq. ft. IdentificationIDENTIFICATION 1 per tenant located within the 2 sq. ft. 4 ft. SIGN #buildingBUILDING IncidentalINCIDENTAL SIGN `N/A N/A N/A PAGE 294 2019-* ORD2019-02 a Formatted: Widow/Orphan control, Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Widow/Orphan control, Keep lines together allowed in PUD zoning) Pelitiea1POLITICAL SIGN Real Estate PromotionaiREAL 1 per public access single- or ESTATE PROMOTION SIGN double-faced (On -Premises) 1 C, I & A - 1 per zone--letZONE LOT. No off site directional signsignoff-SITE Off Site DireetionalOFF-SITE rinni C & I - 300 sq. DIRECTIONAL SIGN (not "" "" ' '"' �' " �1�, - shall be located less than 500 ft. from any other billboacdBILLBOARD or off-sitc directional signOFF- SITE DIRECTIONAL SIGN. ft. A-150sq. ft. No limits No limits C&I-40 ft. A-30 ft. No limits 48 sq. ft each 12 ft. Real Estate---PromotionalREAL 2 single- or double-faced; must ESTATE PROMOTION SIGN have landowner permission, (Off -Premises) min. 300 ft. spacing ResidentiatRESIDENTIAL SIGN 1 per zone lotZONE LOT 48 sq. ft. each 8 ft. 4J 4 . ... _ 1 sq. ft. 6 ft. let' TemporaryTEMPORARY SIGN 1 per zone-le-tZONE LOT Wal-IWAL L SIGN N/A Window WINDOW SIGN N/A l KEY TO ABBREVIATIONS A Agricultural Zone District R-1 Low -Density Residential Zone District R-2 Duplex Residential Zone District r-z • -- -• R-3 ' Medium -Density Residential Zone District R-4 High -Density Residential Zone District R-5 Mobile Home Residential Zone District • E Estate Zone District ry- _- C-1 Neighborhood Commercial Zone District C-2 General Commercial Zone District r A,R,&E-4sq. ft. A,R,&E-6ft. C, I & INS - 8 Q I&INS -8ft. sq. ft. N/A 125% of total ;window area ' C-3 Business Commercial Zone District C-4 Highway Commercial Zone District I-1 Industrial Zone District 1-2 i Industrial Zone District 1-3 Industrial Zone District INS • 14,E J Institutional - Churches ----schools, cemeteries, public parks ----and public recreation fa-cilitiesCHURCHES, 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. PAGE 295 4 6 k .t -1 2019-* ORD2019-02 1 • 1 Formatted: Widow/Orphan control, Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Widow/Orphan control, Keep lines 1 together J Formatted: Widow/Orphan control, Keep lines together Formatted: Widow/Orphan control, Keep lines together ( Formatted ( Formatted * 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 S TYPE _._....: A L: ::...._., _mot R- 1 ,....,,......::::s„... R- 2 .r .. _.. .-.:... R- R2. RM 3 4 5 t�.u_,.,,:.:a✓.�_:..�n.:e,.:..e.--s. ,:...n�...Ca.13,.. E_ i�. ,7�a....'._... C- 2 :_... A..... C- ` 3 �. .1 ,r:� C_ C- 4f � n...._...Gw:�o 1-'1 I-2 E .�� Wu,.i:i to L:m1±3- `Z�.t.tMYr i-3 INS An,imatedANIMA i ED SIGN no no 'no no no no no no no no no . no no no no Clan COPY no no no no no no no ;yes yes yes yes yes yes yes yes geable- COpyCHANGEABLE SIGN Illumination, Internal i no no no no I f no no no _ i yes yes yes yes yes j yes yes no Illumination, External (yes yes yes yes yes yes yes yes 4 yes yes yes yes yes yes yes Illumination, Exposed Bulbs or Neon no no no no no no no no no no no no no no no KEY TO ABBREVIATIONS A I Agricultural Zone District R-1 Low -Density Residential Zone District R-2 Duplex Residential Zone District I -I- R-3 Medium -Density Residential Zone District R-4 :High -Density Residential Zone District R-5 s Mobile Home Residential Zone District E Estate Zone District C-1 Neighborhood Commercial Zone District C-2 General Commercial Zone District C-3 Business Commercial Zone District C-4 Highway Commercial Zone District I-1 Industrial Zone District 1-2 Industrial Zone District 1-3 'Industrial Zone District -Institutional - Churc-des, sc-pools, cemeteries, public parks and public recreation INS fasili-t►esCHURCHES, 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 YES ° - such SIGN is allowed NO - such a SIGN is not allowed a tL- TEMPORARY SIGNS may not be illuminated. PAGE 296 2019-* ORD2019-02 4- t d- 4 4 Formatted: Widow/Orphan control, Keep lines together Formatted: Widow/Orphan control, Keep lines together J Formatted: Widow/Orphan control, Keep lines together l Commented [JF66]: Not superscript Formatted: Widow/Orphan control, Keep lines together Formatted: Not Superscript/ Subscript, Highlight Formatted: Not Superscript/ Subscript, Highlight Formatted: Widow/Orphan control, Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Widow/Orphan control, Keep lines together Formatted: Widow/Orphan control, Keep lines together ( Formatted ( Formatted Formatted ( Formatted ( Formatted ... [23] 1 • [24] 1 Formatted Formatted [ Formatted [Formatted Formatted [ Formatted ( Formatted [ Formatted Formatted ( Formatted . 427] 1 [29] ▪ X30,1 • [33] [34] Commented [JF67]: Replace bullet point with asterisk. Formatted: Highlight ( Formatted .[35]1 Formatted [36]1 PPENDIX 23-G - LIST OF REFERRAL AGENCIES A. Owners, operators, or users of any irrigation ditch, lateral, or pipeline that traverses the property. B. Any municipality or county whose boundaries are within three (3) miles of the site. C. Weld County departments and offices, including but not limited to: 1. Building Inspection. 2. Code Compliance. 3. Floodplain Administrator. 4. Public Health and Environment. 5. Department of Public Works. 6. Extension office. 7. Office of Emergency Management. 8. Sheriffs Office. D. State agencies, including but not limited to: 1. Colorado Department of Public Health and Environment. 2. Colorado Department of Transportation. 3. Colorado Geological Survey. 4. Colorado Oil and Gas Conservation Commission. 5. Colorado State Division of Wildlife. 6. Colorado State Engineer, Division of Water Resources. 7. Colorado Water Conservation Board. 8. History Colorado. 9. Public Utilities Commission. E. Federal agencies, including but not limited to: 1. Bureau of Alcohol, Tobacco, Firearms, and Explosives. 2. Environmental Protection Agency. 3. Farm Service Agency (USDA). PAGE 297 2019 ORD2019-02 4. Federal Aviation Administration. 5. Federal Communications Commission. 6. Federal Emergency Management Agency. 7. Food and Drug Administration. 8. Natural Resources 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. PAGE 298 2019-* ORD2019-02 Formatted: Highlight CHAPTER 29 BUILDING REGULATIONS ARTICLE I - General Provisions Amend Sec. 29-1-20. Definitions. As used in this Building Code, unless the context otherwise requires, the following definitions shall apply: Factory -built (modular) home means a manufactured home constructed to "factory -built residential requirements" established by the State Houseing Boarddesigned for installation and installed on a permanent foundation and -meeting IRC standards. Manufactured home means a preconstructed building unit or combination of preconstructed building units that: a. Includes electrical, mechanical, or plumbing services that are fabricated, formed, or assembled at a location other than the residential site of the completed home; a b. Is designed and used for single-family residential occupancy in either temporary ora permanent locations; 4 C. Is constructed in compliance with the "National Manufactured Housing Construction an& Safety Standards Act of 1974", 42 U.S.C. sec. 5401,, et seq., as amended; d. Does not have motive power; and e. Is not licensed as a vehicle. See also Factory -built (modular) home. structure, transportable in one (1) or more sections,-* which is eight (8) body feet or more in wiath or forty (/0) body feet or more in !engti, or, wien erectec on she, is tiree -iuncrec twenty (320) or more square :eet, ana wiici is bui : on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required -utilities, and includes the plumbing, heating, air conditioning and electrical -systems --(See also the-d-ef1•n-ifion of a f-aotony--built home. )- NOTE: Applicants for building -permits for ma-nufactured homes ace -advised -that -the definition for manufactured homes, as set forth in Chapter 23 of this Code, is the following: Manufactured home means a sing e -ami y dwc ing wiici: is practically or entirely manufactured -in a factory; is not -less than twenty -four -(24) _ feet in width -and thirty six (36) feet -in length; is installed on an engineered permanent foundation in compliance with ANSI A225.1, 1994, Marwfaet- red Home -installations, Appendix--Chas-brick, wood or cosmetically-eq-uivalent exterior sitting and a pitched roof; and is certified pursuant to the National Manufactured Housing Construction and Safety Standards Act of 1974 , 42 U.S.C. 5401 et seq., as amended. A manufactured (mobile) home shall not be allowed to deteriorate to the condition of a derelict manufactured (mobile) home. PAGE 299 2019-* ORD2019-02 Formatted: Widow/Orphan control, Keep lines together Formatted: Highlight Formatted: Indent: Left: 0.25", Hanging: 0.25", No bullets or numbering, Widow/Orphan control, Keep lines together Formatted: Indent: Hanging: 0.25", Widow/Orphan control, Keep lines together Formatted: Indent: Left: 0.25", Hanging: 0.25", No bullets or numbering, Widow/Orphan control, Keep lines together Formatted: Indent: Hanging: 0.25", Widow/Orphan control, Keep lines together [Commented [JF6S]: Black font i _ i _ Formatted: Font color: Auto J Formatted: Font color: Auto, Highlight Formatted: Font color: Auto Formatted: Indent: Left: 0.25", Hanging: 0.25", No bullets or numbering, Widow/Orphan control, Keep lines together Formatted: Indent: Hanging: 0.25", Widow/Orphan control, Keep lines together Formatted: Indent: Left: 0.25", Hanging: 0.25", No bullets or numbering, Widow/Orphan control, Keep lines together Formatted: Indent: Hanging: 0.25", Wiclow/Orphan control, Keep lines together Formatted: Indent: Left: 0.19", Hanging: 0.31", No bullets or numbering, Widow/Orphan control, Keep lines together Formatted: Widow/Orphan control, Keep lines together Manufactured -homes meeting this definition -qualify as -single family dwellings under Chaptec t. whose use is limited -to --certain zone districts and may be required to obtain zon-i-ng approvals issued in accordance with Chapfe-r-a3, Article , Division ^f this Co prior to the issuance of buildin-g-permits. (See Section 29 7 6) - ARTICLE II - Code Standards Amend Sec. 29-2-110. - Mobile and mManufactured home installation standards. Any mobile or manufactured home located in or relocated within the County shall bear a Housing and Urban Development (HUD) label and meet the following installation standards. The Building Official may authorize the use of different materials or methods which will accomplish substantially the same result. The Building Inspection Department shall be authorized to act as the exclusive inspection agency for the County pursuant to the Colorado Division of Housing Manufactured Housing Installation Program. Any installation of a manufactured home in the County shall be performed in strict accordance with the applicable manufacturer's installation instructions. Where the manufacturer's instructions are not applicable, installation shall be in accordance with ANSI A225.1 1994, as amended by the Colorado Division of Housing. A copy of the manufacturer's instructions or the standards promulgated by the Colorado Division of Housing shall be available at the time of installation and inspection. A. — No change. B. Foundations. 1 Basement or crawlspace foundations and any manufactured structure that requires a Flood Hazard Development Permit for 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 o r engineer's stamp shall be presented to and approved by the Building Inspection Department prior to backfilling around the foundation. 2. — No change. 3. An engineered foundation is required where unstable or expansive soil conditions are e ncountered. 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 Fno-b-i-le 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 o n ANSI A225.1-1994. 4. — No change. 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. PAGE 300 2019-* ORD2019-02 D. Retaining walls. 1 Retaining walls installed around the outside perimeter of mo-bile-and-manufactured homes for the purpose of ground setting shall be constructed so as to resist loads due to lateral pressure. 2. — No change. E. — No change. F. Minimum plumbing requirements. Every mobile and manufactured home used as a dwelling unit shall be provided with a kitchen sink and a bathroom equipped with facilities consisting of a water closet, lavatory and either a bathtub or shower. Each sink, lavatory and either a bathtub or shower shall be equipped with hot and cold running water necessary for its normal operation. G. Approved sewage disposal. All mobile; -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 mobile or 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 - Mobile, Manufactured or Factory -Built (Modular) Home Permits Amend Sec. 29-7-10. Permit required. No mobile, manufactured or factory -built (modular) home, as defined in this Building Code, may be located or relocated within the County without a building permit issued by the Building Official. Amend Sec. 29-7-20. Additions, alterations or repairs. I obile;--mManufactured or factory -built (modular) homes to which additions, alterations or repairs are made shall comply with all requirements of this Building Code. A separate building permit shall be applied for as provided for in Article III of this Chapter. Amend Sec. 29-7-30. Connection of two (2) mobile or -manufactured homes for human habitation. No more than two (2) mobile or manufactured homes may be connected or physically attached. The following requirements shall be met: Remainder of Section — No change. PAGE 301 2019-* ORD2019-02 Formatted: Indent: Left: 0", Widow/Orphan control, Keep lines together Formatted: Widow/Orphan control, Keep lines together Amend Sec. 29-7-40. Application. Each application for a permit, with the required fee, shall be filed with the Building Inspection Department on a form furnished for that purpose. The applicant shall give a description of the home, including make, model, year, serial number and size, the 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. Amend Sec. 29-7-60. Zoning compliance. Prior to the release of a mobile, manufactured or factory -built (modular; home permit, the Department of Planning Services will review the application for the permit and all pertinent submittals to check compliance with Chapters 23 and 24 of this Code, and any other applicable rules and regulations. Upon approval from the Department of Planning Services, the permit application shall be given to the Building Official for review and issuance. Amend Sec. 29-7-80. Fees. Any person desiring a permit for a mobile, manufactured or factory -built (modular) home required by this Building Code shall, at the time of filing an application therefor, pay a fee to the Building Inspection Department as established by the Board of County Commissioners in Chapter 5 of this Code. Amend Sec. 29-7-120. Required inspections. Setbacks, foundation, underground inspections, electrical, mechanical, heating, plumbing, skirting, grading, steps and landings, final septic and final approval inspections conducted pursuant to this Building Code shall be required of all mobile, manufactured and factory -built (modular) homes. PAGE 302 2019-* ORD2019-02 Formatted: Widow/Orphan control, Keep lines together I i BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is, directed to arrange for Municode to supplement the Weld County Code with the amendments contained herein, to coincide with chapters, articles, divisions, sections, and subsections as they currently exist within said Code; and to resolve any inconsistencies regarding capitalization, grammar, and numbering or placement of chapters, articles, divisions, sections, and subsections in said Code. BE IT FURTHER ORDAINED by the Board, if any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such decision shall not affect the validity of the remaining portions hereof. The Board of County Commissioners hereby declares that it would have enacted this Ordinance in each and every section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be declared to be unconstitutional or invalid. The above and foregoing Ordinance Number 2019-02 was, on motion duly made and seconded, adopted by the following vote on the 10th day of July, A.D., 2019. ATTEST: Weld County Clerk to the Board BY: Deputy Clerk to the Board APPROVED AS TO FORM: County Attorney Date of signature: a BOARD OF COUNTY COMMISSIONERS WELD COUNTY, COLORADO Barbara Kirkmeyer, Chair Mike Freeman, Pro -Tern Sean P. Conway Scott K. James Steve Moreno PAGE 303 2019-* ORD2019-02 lFormatted: Keep lines together P ublication: First Reading: P ublication: Second Reading: P ublication: Final Reading: P ublication: Effective: March 6, 2019 April 29, 2019 May 15, 2019, in the Greeley Tribune June 10, 2019 June 19, 2019, in the Greeley Tribune July 10, 2019 July 19, 2019, in the Greeley Tribune July 25, 2019 PAGE 304 2019-* ORD2019-02 Formatted: Widow/Orphan control, Keep lines together Page 292: [1 ] F rmatted Cheryl H ffman 3/25/2019 12:52:r 0 PM Widow/Orphan control, Keep lines together Page 292: [2] Formatted Cheryl Hoffman 3/25/2019 12:52:0s P Widow/Orphan control, Keep lines together Page 292: [3] Formatted Cheryl Hoff! an 3/25/2019 12:52:00 PM .. .-v._ _ _.S.._.n.... NLIZ.�.�:- 3e t...r. 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