The URL can be used to link to this page

Browse Search

Home My WebLink About20191639.tiffSUMMARY OF THE WELD COUNTY PLANNING COMMISSION MEETING Tuesday, March 19, 2019 A regular meeting of the Weld County Planning Commission was held in the Weld County Administration Building, Hearing Room, 1150 O Street, Greeley, Colorado. This meeting was called to order by Chair, Michael Wailes, at 10:00 am. Roll Call. Present: Bruce Sparrow, Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Skip Holland, Tom Cope. Absent: Bruce Johnson. Also Present: Chris Gathman, Maxwell Nader, Jim Flesher, and Tom Parka, Department of Planning Services; Lauren Light and Ben Frissell, Department of Health; Evan Pinkham, Hayley Balzano and Mike McRoberts, Public Works; Bob Choate, County Attorney, and Kris Ranslem, Secretary. (Bruce Johnson arrived at 10:08 am) The Chair announced that all nine (9) members of the Planning Commission are in attendance. CASE NUMBER: PRESENTED BY: REQUEST: ORDINANCE 2019-02 JIM FLESHER/TOM PARKO 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 Jim Flesher, Planning Services, presented Ordinance 2019-02, and provided a brief summary of the proposed code changes. Mr. Flesher said that one of the significant changes is to remove Section 23-3- 40.S which allows all listed commercial and industrial uses to locate in the agricultural zone through a Use by Special Review, as long as the property is not in a subdivision or historic townsite. Additionally, these proposed changes call out specific uses allowed within subdivisions and historic townsites separately from those uses allowed in the rest of the agricultural zone. For all zone districts, the revisions will separate out uses that require a permit from uses by right. While some heavy industrial uses will no longer be allowed in the agricultural zone, several agriculture -related uses will be allowed through a new administrative zoning permit process, rather than the two -hearing USR process. Staff will still notify surrounding property owners within 500 feet of the application. If those property owners raise objections to the proposed use, the applicant may have to modify the application to mitigate concerns. If the Planning Services Director does not feel the concerns have been adequately addressed, the proposal can be brought before the Board of County Commissioners for its decision following a public hearing. Mr. Flesher referred to Section 23-3-120.B and said that it contains Group Home Facilities twice; therefore, he would like to amend it by removing the reference in Number 3 and renumber accordingly. On that same page and Section, he recommended adding Foster Care Homes and add it also to all the other R, E and Agricultural Districts to correct an oversight. The final change is to remove the draft changes under Section 23-2-180 and Section 23-2-190. Mr. Flesher said that the County Attorney is still working on changes to these and they will be presented to the Board of County Commissioners as an amendment. The Department of Planning Services recommends approval of these changes along with the amendments mentioned. The Chair asked if there was anyone in the audience who wished to speak for or against these proposed code changes. No one wished to speak. Commissioner Cope referred to previous discussions regarding distances of surrounding property notification and suggested addressing it at a work session with the County Commissioners. The Chair asked Mr. Choate if he was able to craft some language to address this. Bob Choate, County Attorney, 2019-1639 1 o said that because it was requested he did craft some language and is happy to go over that or it can be presented at the work session with the Board of County Commissioners. Commissioner Stifle suggested waiting until the work session with the County Commissioners. The Planning Commission agreed. Motion: Approve the amendments to Ordinance 2019-02, as presented by Staff, Moved by Michael Wailes, Seconded by Tom Cope. Motion carried unanimously. Tom Parko, Planning Director, noted that he will request a work session with the County Commissioners and send that appointment to the Planning Commission. Motion: Forward Ordinance 2019-02 to the Board of County Commissioners along with the amendments with the Planning Commission's recommendation of approval, Moved by Bruce Johnson, Seconded by Elijah Hatch. Vote: Motion carried by unanimous roll call vote (summary: Yes = 9). Yes: Bruce Johnson, Bruce Sparrow, Elijah Hatch, Gene Stille, Lonnie Ford, Michael Wailes, Richard Beck, Skip Holland, Tom Cope. Meeting adjourned at 3:04 pm. Respectfully submitted, 4%\thaw Kristine Ranslem Secretary 2 �a n 'S ' 1Dai1_ "Di% .!:;`.:L ^ti.`._ ` r'.vd sn _ i . A MEMORAN4'DUMy9c- � '`✓� P N N l`I G COMMISSION FROM: JIM FLESHER, LO NJ RANGE PLANN DA _ If E. MARCH 19, 2019 R RE: RESOLUTION %F REC•MMENDA ION ON ORDINANCE 2019-02 A` ' ENDLNG Ci _ LAP1 _ ERS 14, 23, D 29 O[ THE WELD COUNTY CODE The goals of this amendment are to encourage development in the zoning district appropriate for the type of development and promote compatible uses within zoning cistricts, while updating the zoning code for clarity where necessary. The main impetus for this code update is to ev.luate the appropriateness of uses permitted in each zone district Land use cases nave become increasingly controversial in the past few years as a result of continued growth in the agricultural areas. Much of the focus of this update has been on Article ill, which contains the provisions about the uses allowed in each zone district and the process fir approval, if any. On of the significant changes to Article III is to remove Subsection 23-3-40.S, which allows all listed commercial and industrial uses to locate in the in the Agricultural zone with a Use by Special Review (USR) permit with an exception that these uses cannot locate in a subdivision or historic townsite. Another change is to call out specific uses allowed within subdivisions and historic townsites from those uses allowed in the Agricultural zone. For a complete list of subdivisions and historic townsites please contact the Planning Department. For all zone districts, the revisions will separate out uses that require a permit from uses by right. Most uses by right in the commercial and industrial zones require a Site Ran Review (SPR), which will be listed separately from uses that don't require an SPR. Staff created a table listing all the of the zone districts and allowed uses for a reference. The table als shows most changes from current code. For example, agricultural production, which is now defined in Section 23-1-90, is shown as "ZP *" in the A column because it is changing from a Use by Special Review (USR) to a use allowed by Zoning Permit in the Agriculture zone outside of subdivisions and historic townsites. The table does not show every detail of every change — this definition is somewhat different from the la iguage in the current code, for example — but it gives the general idea of what's changing. The proposed changes are based on several worksessions with the toard of County Commissioners dating back to 2017. While some heavy industrial uses will no longer be allowed in the A zone, several agriculture -related uses will be allowed through a new administrative zoning permit process, rather than the two -hearing USR process. Staff will still notify surrounding property owners of the application. If those property owners raise objections t the proposed use, the applicant may have to modify the application t mitigate concerns. Of tic Planning Services Director does not feel the concerns have been adequately addressed, the proposal can be brought before the Board for its decision following a public hearing. While the initial focus was on the allowed uses in Article III, this entailed creating a new approval process in Article IV and adding and revising definitions in Article I. In reviewing the chapter, many sections were found to be in need of updating. Many of these changes are minor. For example, words and terms refined in Section 23-1-90 are supposed to be in all capital letters, but often they aren't, so that is a change that will be included. Some definitions are currently in other sections of the chapter, so we will consolidate them into 23-1-90. Some sections are being reworded for clarity. No changes are proposed for Article XII, Storm Drainage Criteria, because that article will be moved to Chapter 8 under a separate ordinance. Other areas of Chapter 23 with little or no modifications include Articles VIII through XI. Division 10, WOGLAs, and Division 11, LAPs, of Article Ii are recent additions to the code relating to oil and gas development and petroleum pipelines and are were not included in the current review and update. Staff has provided a more detailed summary of the changes, which has been uploaded to a new Long - Range Planning webpage on the County's website along with the use table and information about this hearing. The resolution with all the changes and this staff report are also available online. A link to the Long -Range Planning webpage was added to the Planning Services homepage. Legal notice was published in the Greeley Tribune on March 6, 2019 and a press release went out on March 7. In addition to being sent to media outlets by the Public Information office, the press release is also on the County's homepage. Information was also sent out via Facebook and Twitter. Staff sent an email with notice to all cities and towns within the County for which we have email contact information, as well as surrounding counties on March 7. No written comments have been received. There arc a few minor amendments that recently came up that I need to go over. Going in order of importance, on page 108 of the resolution, Section 23-3-120.B contains G FACILITIES twice, so the one in number 3 will be deleted. n that same page and section we need to also add FOSTER CARE HOMES and add it also to the other R districts, the E district, and the Ag district. This was an oversight. We had discussed a long time ago removing this as a separate use and just considering a FOSTER CARE HOME as a SINGLE-FAMILY -WELLING, but County Attorney Bruce Barker asked me last week to put it back in. This won't change the allowed uses anywhere in the County. Lastly, Mr. Barker also told me he wants to discuss with the Board of County Commissioners changes to a couple of the sections in the Site Plan Review division. Those will be presented to the BOCC as an amendment when the ordinance goes to them on April 29th. So on page 57 of the resolution, we'd like to remove the draft changes to Section 23-2-180 from the resolution. On the next page you'll note the draft Section 23-2-190 is struck through. That section will also be removed from the resolution. With that, staff recommends approval of the resolution with the amendments and would be happy to answer questions. BEFORE THE WELD COUNTY, COLORADO, PLANNING COMMISSION RESOLUTION OF RECOMMEN1ATION TO THE BOARD OF COUNTY COMMISSIONERS Moved by Bruce Johnson, that the following resolution be introduced for passage by the Weld County Planning Commission. Be it resolved by the Weld County Planning Commission that the application fir: CASE NUMBER: PRESENTED BY: REQUEST: ORDINANCE 2019-02 JIM FLESHER/TOM P ARK° IN THE MA I ER 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 recommended favorably to the Board of County Commissioners. Motion seconded by Elijah Hatch. VOTE: For Passage Bruce Johnson Bruce Sparrow Michael Wailes Tom Cope Gene Stifle Lonnie Ford Richard Beck Elijah Hatch Skip Holland Against Passage Absent The Chair declared the resolution passed and ordered that a certified copy be forwarded with the file case to the Board of County Co r missioner's for further proceedings.. CERTIFICATION OF COPY f this I, Kristine Ranslem, Recording Secretary for the Weld County Planning Commission, do hereby certify that the above and foregoing resolution is a true copy of the resolution of the Planninc Commissi on of Weld County, Colorado, adopted on March 19, 2019. Dated the 19th of March, 2019 ednalim._ Kristine Ranslem Secretary CHAP • -J ER 14 o HeaDth and AnDmals ART0CD _ E DV o AnDmma0s Sec. `4-4-2C. m Fa ure to cortro0. It is unlawful for the owner or any person having custody of any dog to fail to control said dog within the County, except the portions of the County which are within the city limits of any incorporated municipality within the County. An owner or other person having custody of a dog shall be deemed not to control a dog under the following circumstances: A. Any owner having more than four (4) dogs which are over six (6) months of age on his or her premises, if said premises consists of ten (10) acres or less or lies within a recorded subdivision, recorded planned unit development or platted townsite; or more than eight (8) dogs which are over the age of six (6) months, if said premises consists of more than ten (10) acres, at any time, shall be deemed to fail to control said dogs. B. An owner shall be deemed to fail to control a dog if the dog is found running at large within the County, as the term is defined in this Article. C. An owner shall be deemed to fail to control a dog if the dog inflicts bodily injury to a person. D. An owner shall be deemed to fail to control a dog if the owner fails to post at least one (1) sign at the entrance of any premises upon which a guard dog is kept. B. Affirmative defenses: 1. It shall be an affirmative defense to an alleged violation of Subsection B above if a dog is under the direction and supervision of the owner or person having custody of the dog, and the dog is actually working livestock or locating and retrieving wild game in season for a licensed hunter during daylight hours, if a dog is assisting law enforcement officers or if a dog is being trained for any of the foregoing pursuits. 2. It shall be an affirmative defense to an alleged violation of Subsection C above if a dog is acting in defense of the owner, the owner's family or the owner's premises. 3. It shall be an affirmative defense to an alleged violation of Subsection C if the dog is a guard dog, as defined in this Article, and the dog is acting to protect the premises of the owner, as long as the signage required under Subsection D above is posted. 4. It shall be an affirmative defense to an alleged violation of Subsection C if the dog has been intentionally provoked by a person who is not the owner of the dog. 5. It shall be an affirmative defense to an alleged violation of Subsection A above if a Use by Special Review permit has been approved by the Board of County Commissioners and a -p-ta-t map recorded in the County Clerk and Recorder's Office for a kennel in order to exceed the maximum number established in Chapters 14 and 23 of this Code. 6. It shall be an affirmative defense to an alleged violation of Subsection A above if a zoning permit has been approved by the Department of Planning Services or Board of County Commissioners in order to exceed the maximum number established in Chapters 14 and 23 of this Code. F. The provisions of this section shall not apply to a dog that is used by a peace officer while the officer is engaged in the performance of peace officer duties. 2 CHAPTER 23 - Zoning ARTDCD E I - G ner I Provisions Sec. 23-1-20. - Authority. The County is authorized by law to regulate zoning, planning, s..� ociiv-i-s-1-R = SUBDIVISION of land, and Uriid1i4 BUILDINGS by virtue of Section 30-28-101, et seq., C.R.S.; to regulate certain activities on and uses USES of land by Section 29-20-101, et seq., C.R.S.; to designate and administer areas and activities of state interest by Section 24-65.1-101, et seq., C.R.S.; to regulate PLANNED UNIT DEVELOPMENTS by Section 24-67-101, et seq., C.R.S.; to establish the point at which statutory vesting occurs pursuant to Section 24-68-101, et seq., C.R.S.; and to exercise the powers of a Board of Health to adopt rules and regulations pursuant to Section 2" =-1 50-7-(1)-(4) 25-1-508(5)(g), C.R.S. In addition, the COUNTY is authorized to regulate zoning, planning, bdii-sian SUBDIVISION of land, and guildrig BUILDINGS by virtue of the Home Rule Charter. Should further authorizing legislation exist or be enacted, this Chapter is additionally deemed to be enacted pursuant thereto, except to the extent it may be inconsistent therewith. Sec. 23-1-50. - Interpretation. [A -I, NO CHANGE] J. All Uses USES A -H 9 owe-d-� : i -h,--Tem- ra-cr4sscarkd U s --oy S pe G- -I-� w listed in this Chapter are representative and are not all-inclusive exclusive. Sec. 23-1-80. - Drnplementatoon procedures. A. Repeal of Previous Zoning Resolution: Applicable only to 1981 Redistricting. The Official Weld County Zoning Resolution adopted May 29, 1961, was repealed on August 18, 1981. The Official Weld County Zoning map in hard copy is replaced with the digitized version of this map that is maintained in joint cooperation with the Weld County Assessor's Office and the Weld County GIS office. The digitized map is available electronically through the County webpage and is updated periodically. The maps aGce' d Official _ Weld C u1t co-n-idoi,g Resolution shall-Ge -ended accord ng . th r-e41s i-g-procedu res--gin Su 3secti n be1O - T hEe-', & Id -C ou rt4 toe -k a - d _ Ov-e1a y Di -strict Zen -iii -g- a Os, :e -cc, -rd ed-Apn9 22, , _ Reception -Numbers 18? 28414 !—g h-1-82 2 9 1 f ? s i- e; 44h - of— o tec-t. aI---G�- _ o an-d-Su-ta- e -e ptee A eas4 n _ th-e- -°ern t j recorded-:' ' , 9-8, in Book 8 32 , R:� I-90-11-7-511240 are-PTot- sr--ep ias . ; • -r- d --o y this Scotian. The repeal of the Official Weld County Zoning Resolution shall not prevent the prosecution and punishment of any person for any v 'atiLen VIOLATION committed prior to its repeal and map amendment. The repeal of the Zoning Resolution shall not affect or repeal any conditions or standards imposed as a condition for approval of any land use decision by the Board of County Commissioners prior to the effective date of the Zoning Ordinance codified herein and any amendment thereto. B. (Repealed) Redistricting Procedure -far Amen4-i- -g e Offiicia ning-M p- 1 Intent. The repealed Official -Weld --County Zoning Rese!ut;-e-n-an aacom-p-a-r map contain zone districtda ssif ca -t -to -n s wl ieh----aa re , -e-rent-from4 -e-zeRe-d stnct c I assi-fi-oa Li onl-s in this-Ch-a-p-t-er- The intent of this red-istricting prae the -repealed Official Weld -O classifications erriou s transition from -7e-district classifi'ations to the -zone distc-iot The Planning Commission and the Board of County Commissioners shall consider -the foil -owing redi-stitioting p-roceoures 4u e we -`-of the Z o n i-n-g--0 -rd-i-n,a ce cod i f-ie d-heren-a 4 -►h e a m e r -r c n t to-th-e--Offi ia-l-W lcl--Co-unty-Z o n i n -g gap. It is --note h e i nten -of l:h w stri-ot at ze n i-n-g-e-r rs e. f �y �� . g -�-�d-�. �-�I �-��F� I es � r b � �-I-t. 6 � 4 � , or -to -rezone l -and because -of changing conditions or beyse il-doss not conform to vh. v-i-s- s contained rn Chapter 22 ref-th; . a. If a parcel of land has been on ina-Hy zoned -1 -fheBoard of County Commissioner rn° the provisions ef4he Weld County Z o-ntn-g-Re-s o ki-t-i o- o a-rR d --that- ► rc-e-t-new-c-o t-a1n-a-nur-n r of sepa r-ate-pair-Ge-1 s and different USES, tic Pl rn-in-i, ng Commission and -the _ Board f C n1y 3 Comionissioners m-ay-rod-i-s-trict the entire parcel of land to4he least restrictive zo---istrict in this Chapter-wh-iah-most cl he -previous zoning -within the o al zone district bouno- i-e-s- ar-ol-zoned Agricultural on the Official Zoni- , -ao- -t-he Er e nd- o Zo r�i ng-Q-rd- -n-ran-ce . c. ,r --Ra zonecataie and Residential on t Aoiak oning--[lap--of the repeated We4 County „Ze-t R es -o R u -ti o n will be renamed R I--on-t-h-e-o- ie--i ,l —Z nin g, M a {she- a etd n nceexa-USE F' , c h is Z9 -d .fig R o--E=-TL, A L on tne Official Z-o-nii-rigMap-e c pi -ea led tAie'4 o u-s4y_ -,n - so4u4 on- I be m a mS to the most ap- ea R-2, R---3--e-F-R -4 RESIDE -NH -Fat Zone Ja-t--ct on -the :off1c• County -Zoning o -rd i na-n e oceCG1-n-g, _ to -the existi•h-use. Lind -e ee-lo-peo-i-apd-which is zoned -i _n -Do -n -i- R-ER 4 N h AL o-R4h€poi- ial p& a e44NeId County -i Rea to 11- -n -nom l -to -the most appco-i te-,r R-3 or R 1 -RESIDENTIAL Zone D i stric n-- -e---Q-ffi I - - P4y Zoning Ordinance according to th,- intent or-oonLd-i-`€-i-ons of the orig-ina z- a-mendment or ab!ished in this --Sub ss&t- e rPr , , s ton 2--1-9-aw . y l- -landd z o1r -M1 o- -rra; County-Zoning-Resolutionin will (ago-n-a--m-ed--► -c on the-aff4cial Zin g l a p of -the -Weld Z pring khan ce. d Deve o-ed-la ' 94 -land which has -an existing US -which is Z-ned- r-a-nsi-ti- :� 1h clnri-P g--lM a -p- s$ re I edRinc irto n a-peopriate ,Re -ice- l or Commercial-Z-e-na-D-s4rict on tn-e offie a onina-o-4fle r Ce n-ty Zon i-n ,ro-ip-a n ce according to the e -i. i-nejrJ S E . n4e eloped I a is h i Official hg-Map-of yfte e-ealed-Wo r C ou -t-y---Zo-ni Rio be -re- n .amod to to most t apjar e p ri ate ESI D N1j L e GGLIA--Zone D -S4 -L on the Zor` in -g M p.,— the Weld reps,+„ = 1-i<n -. ,,ste acce-rte -g e-irn� e i 1ens f tla--o zone amendment o r-2-oca r - --the-p,r-ra za-ielitd in this S-u-bsectien 1 .an -d -Sub -section 2 below, ed Agricultural on the Official _ Zo; i-n MeGt e. Developed land o- land which nas an —is -xi -sting USE which is zoned 0 CO- AA on the Official Zoning Map of the rep alec ie-I -Cour -o s g _ Resolute wi-I---be- n _ m d ---to the nee+ p nr� + o , �4 -L, ind-u rial or A r u-raR Zone -gr rict on th-e- Q ii -i !- ning Map of the Weld nag-- inanco acco-Faing to the Wiped land zoned Business or COMM-E-R-CIAL on he-Official-Z-e-Ri-n-g- Afa-p-of-t-h-&-Fe-pealed Weld Co u . oning-Resolution will be renamed C I on-tq-e-offfc- -a -ap-o-te-th n ng Ordinance. g. _ 2. If be redistricted or All land zoned Scientific on the Offcial Zoning e a +i Ordinance. Developed la Zoning Map ofare a -ro _ p riate I n . 's - of the Weld Count - -zon ResoFu Orda- an-oe- is zoned Industrial on the Official eso I u t t o n-will-br am"S-io-the-me lone District -an e -f o oning Map . ,deve lo; ed--o-ears n -t ning to -the -nature of e -p -r id of County Commissioners shall use -the following standards to determine the most appropriate zone --district o-esignation for the USE and the -k Commission and the Board -et --County Co �-m-� sioners shall consider the intent st-a-t n- I 1--- - =- -4he speeifie 4 standards contained ,--Su-b-p-aagra-pal a to g -inclusive. p-, ,- r app!yi-n use standar- ; there is still a choice between -two (2) different zone districts, the Planning Commission and the Board of County Commissioners shall cork-sideT= e lowi-n -andards: amine �� ) zone district in this Chap-"��-a!lowv and the other zone district weu- d --a3-1 v eJU-SE b, Beard ---of Co u -nom Co m m i s s i ne h i-l-assigr-t the -U -S -E -by rig ht b. n e d is-tiet -i-n-th-i sChapter ,A u !-d _ a USE -by right G. zo n s4ri-c-ts-i- th i s C° h a- tc r--ou4 ¢ , l o U -S- E by perm -11 —the —Plan —F1 -1—n g C o , i s • n and Board of Co u4 -y Col d-i s-si r -s -s-a-1-1-se-n-s-i d e r the intent statements at the Deg -in -Ring of the zone d i set in the text -of this C,ha-pj e r to determine the most -a ro p -r . -e-- zo- e-d1str ct. to assign -to the .pe y j -v- o— if both zone districts in this CAdo allow the USE b-y-riglortor if both zone -districts t is C ..p-ter-wo-uld allow th-e--o y permit, and th l -nn ng Co-mrnission and the Board of- 1 t:-y-Cornmissioners cannot make a determin for naming a new zone -district bas u -p n the stand-ards an --p-r�ocedures eGntained in -this -Sub -section 2 and Subsection 1 abov-e7 the Planning Commission and- Beard of County fl orn -iss rs shat!-ar ign a-trict desig ion-rn . similacI ame-and ases-a , 1 ed to the district signatifon that existed on the property under -the --provisions of -the -repealed ` e! -.an d. 4 -- -fi r -has initiated subs • -n-t•zl---E'ELOP l N 9 of a parse! of l -and and this .VEL OP E1 -is allowed in the zone district under -the provi-sions of the repealed \ -1 County-Zo-nhoi-g-Resolutian, but is not permitted in the zone c pro -visions of —this —Chapter, the —Planning Commission and the Board —of Count Commissioners _ may redistrict a--leg-al-1-y definable prnr" . land or the —en —tire parcel -to -a zone district in t-h-i - ter which would allow the USE as a t I-1-ed-a-y-r1gh r by-perr; t. ata-n-trial DEVELOPMENT shall be considered to be issuance of a building--permit---of a sty, -p i-c-al'�-D-EV IL O P M E N -T -o -f the - ty wk . fora c he provisions of -the ex1 g- 1J- Y regulations. estion to be allowed by -right anning Commission and the tation-vvhich would allow Miner Corr-raction \--p-roperty in r may request a mootI e... .e t, ,t, Board ---of County Commission a minor Ge-c-4ien-resu-ltir-from4h-e appl+oation of the procedures bye --Board of Coun - mm sirs. This request shall be filed -with the Clerk to -the Board of Coun*Conymissiwa-within one hundred -e- h=t ys of August 1-8H-`11981. SL4.e.41 reque-st for a minor co-rr-eetion shall be in d arec:ted to the Board of Gou-n-ty-C-om-nois io- rs; --a n- aa l l st e n e r i n the s p o�„ c s -o ns--fir such request. -lam- Ba-r4 of-untie-m-r-nissior ers shall--tors-ido,r st h-egues-t at_aa--regular°, chid led meetin-g within a pea-oc of time, and at such--n"e s may -initiate any minor corrections it deems necessaryT (Repealed) Transition to -crap -tail -2-7, Planned Unit Development: 1 ; i ope;tie , which h--av-e-rece d land use approval for a change -of zone to PUlam, p -r ,r t he effective date of Ordinance No.9-7-(anuary-2-7, 1--99)---ate , d meet the fellowi n g a4ckti-o-n al con -iwol-n-s shall adhere to -re -�--i _ o -n -s= s d procesi ' etho , o r P i-1 evele-amen , � a. pia-n-eonfrm s to titi-e---a-p-gyp--r-owed; D --District; and b. o n h P-4Fs- . the —final — 1 —en or has recei-vim n extension accordance with- -e d t n-24--g--Eo -i-s t AM l oth-e- P LI °D -app -I isatiens shall ad -here to the ru ° ---a-nd-- u l -i-o-n s as set f -or -4h in C h a p t-er this -Cede - 5 Sec. o 23-1-90. - DefiYl iUo ■s. For the puoses of -:i- h-apter, certak terms or words used here-i-n shill be ifit ad as dafii-ne -in W48 erection. The following specific words and phrases, when appearing in this Chapter in uppercase letters, shall have the meanings stated in this Section: 100 -YEAR FLOOD: A FLOOD having a recurrence interval that has a one (1) percent chance of being equaled or exceeded during any given year. The terms "one hundred -year FLOOD" and "one -percent - chance FLOOD" are synonymous with the term 100 -YEAR FLOOD. The term does not imply that the FLOOD will necessarily happen once every one -hundred (100) years. 100 -YEAR FLOODPLAIN: The area of land susceptible to being inundated as a result of the occurrence of the 100 -YEAR FLOOD. 500 -YEAR FLOOD: A FLOOD having a recurrence interval that has a two -tenths (0.2) percent chance of being equaled or exceeded during any given year. The term "0.2 -percent -chance FLOOD" is synonymous with the term 500 -YEAR FLOOD. The term does not imply that the FLOOD will necessarily happen once every five -hundred (500) years. 500 -YEAR FLOODPLAIN: The area of land susceptible to inundation as a result of the 500 -YEAR FLOOD. ACCESSORY BUILDING, STRUCTURE, or USE any BUILDING, STRUCTURE, or USE which: a. Is subordinate in purpose, area or intensity to the--oi-pa4 PRINCIPAL BUILDING or USE served, b. Is normally associated with the principal BUILDING or USE, c. Contributes to the needs of the occupants, business enterprise or industrial operation within the principal PRINCIPAL BUILDING or USE served, and d. Is located on the same LOT as the 4-incip4 PRINCIPAL BUILDING or USE. ADDITION: Any activity that expands the enclosed footprint or increases the horizontal square footage of an existing STRUCTURE. ADJACENT: When used to indicate land in the immediate vicinity of a LOT, means land which shares a boundary line with the LOT in question or which would share a boundary line were it not for the separation caused by a STREET/ROAD or ALLEY. ADULT BUSINESS, SERVICE or ENTERTAINMENT ESTABLISHMENT: Any business, service or entertainment establishment open to the public in which persons appear in a STATE OF NUDITY for the purpose of entertaining patrons at such establishment. This definition n -o s.d does not include any establishments offering such entertainment where those establishments hold a valid liquor license pursuant to the Colorado Liquor Code or Beer Code. AGRICULTURAL PRODUCTION: Processing, packing, sorting, mixing, and/or blending of crops and other plants grown on premises and/or processing, packing, sorting, storing, drying, mixing, blending, and/or selling of crops and other plants grown off premises, and BUILDINGS and STRUCTURES related thereto. AGRICULTURAL PRODUCTION does not include production of ethanol or alcoholic beverages. See also FARMING. AGRITAINMENT: A USE ACCESSORY to FARMING, open to the paying public, and typically including attractions such as amusement rides, corn mazes, haunted houses, petting zoos, and the like. AGRITAINMENT may also include live entertainment such as musical or comedy performances but excludes rodeos and racing events. AGRITOURISM: A USE ACCESSORY to FARMING offered as a vacation destination, open to the paying public, where guests experience life on a farm or ranch and may include recreational attractions such as horseback rides, hiking, and the like. AGRITOURISM excludes rodeos and racing events. AIRPORT-€1--efinition a -p° °er only to AIRPORT when used in the A -P (Airport Overlay District): d in Sections 2 and 3, T5lll and Sections 26 and 35, T6N, R65W of the 6th P.M., W-SlSd-- 6 AIRPORT ELEVATION: The established elevation of the highest point on the usable land area of the GREELEY-WELD COUNTY AIRPORT (four thousand six hundred ninety [4,690] feet above sea level MEAN SEA LEVEL). AIRPORT HAZARD: Any re, tree or use of land which obstruets-fh-e-airspace required for, or is otherwise hazardous to, th-e-flight of aircraft in lance or taking at the airport. AIRPORT REFERENCE POINT The point established as the geographic center of the GREELEY- WELD COUNTY AIRPORT landing area. The reference point at Greeley ---Weld County GREELEY-WELD COUNTY AIRPORT is a point three thousand one hundred (3,100) feet west of the east line of Section 2, T5N, R68W of the 6th P.M., Weld County, Colorado, and two thousand two hundred fifty (2,250) feet south of the north line of said Section 2, which geographical coordinates are Latitude 40°26 8" north and Longitude 104°37'55" west. 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 -I (Can-eentrated E (Estate) o -ac and R-1 (Low -Density Residential) Zone District. LIVESTOCK in excess of the bulk requirements for the Agricultural Zone District shall require a Use by Special Review Permit for a LIVESTOCK CONFINEMENT OPERATION or ANIMAL BOARDING and animal TRAINING FACILITY. f ---the A 1 Zone Dis-tri thje applicant shall he -maximum number of ANIMAL U \!!TS anc species to be associate° with the Livestock Confinement Operation. All Live-stec-k Confinement Operations in tho A 1 Zone District -pc i• e 'act to -the Sit --P I a -n - Review requirements outlined in Article II, Division 3, of this Code. All LIVESTOCK shall have the following ANIMAL UNIT equivalents and bulk requirements contained in Tables 23.1A, 23.1B, and 23.1C, and 23.1D below: r Table 23.1A ANIMAL UNITS Animal Units ANIMAL UNIT Animal Unit Equivalents Number of Animals Equivalent t One ANIMAL UNIT Animal Unit I3 in the A (Agricultural) Zone District Maximum Number of Animals per Acre Less Than 120 Gross Acres Less than 320 Gross Acres, or a Minimum of 120 Grriss Acres :J4 f a Quarter Section Less than 640 Gross Acres, or a Minimum of 320 Gross Acres % of a Section Cattle 1 1 Bison 1 Mule 1 1 4 4 1 4 6 8 r 640 Gross Acres or Greater, or a Minimum of 1 Section 6 8 10 10 6 8 10 Ostrich 1 1 4 6 8 10 Elk 1 1 4 6 8 10 7 Horse 1 1 4 6 8 10 I Yak 1 1 4 6 8 10 Camel t 1 1 4 6 8 10 Swine .2 5 20 30 40 50 Sheep .1 10 40 60 80 100 Llama .1 10 40 60 80 100 Goat .1 10 40 60 80 100 Alpaca .075 13 52 78 104 130 Poultry .02 50 200 300 400 500 Rabbit .02 50 200 300 400 500 Table 23.18 ANIMAL UNITS °- th#t in the E (Estate) Zone District Number of Animals Equivalent to One Maximum Number Per ANIMAL UNIT Animal Unit Equivalents ANIMAL UNIT Aal-Unit Gross Acre Cattle 1 1 1 Horse 1 1 1 Swine 1 1 1 Mule 1 1 1 I Burro 1 1 1 Sheep .5 2 2 Goat .5 2 2 Llama .1 10 10 Alpaca .075 13 13 Poultry .04 25 25 Rabbit .04 25 25 Table 23.1C ANIMAL UNITS Animal Units in the R-1 (Low -Density Residential) Zone District Number of Animals Equivalent to One Maximum Number ANIMAL UNIT Animal Unit Equivalents ANIMAL UNIT Animal Unit Per LOT Let Cattle 1 1 2 Horse 1 1 2 r-- Swine 1 1 1 Llama .5 2 4 8 Alpaca Sheep Goat Poultry Rabbit Cattle r -- Bison Ostrich Elk Harms r Swine Sheep ic-a-m-a Alpaca Rabbit . 5 . 2 . 2 . 02 knW all-LB�d \'--ir+d � 4 4 4 .02 . 02 I zk�i'-cy b J ..y im its ARM& ill -4,4414 4- 40 1-0 33 .50 S0 2 5 4 10 5 10 50 100 50 100 Tais,ffe-23,21ZI PASS Pil Jr( at dal- a keldwgmyamthentircirtsiaL r Acre Le stsa arctic,,, 6 6 r 30 60 60 300 T tflmfi _Jay yam. a Section S S S S 40 89 89 104 400 400 40 40 40 40 40 49 50 400 100 1-09 130 r 00 S00 Any combination of the above LIVESTOCK and their equivalents as a Use by Right shall not exceed the maximum of four (4) ANIMAL UNITS per acre in the A (Agricultural) Zone District on LOTS less than one -hundred twenty (120) gross acres, not to exceed six (6) ANIMAL UNITS per acre on LOTS a minimum of one -hundred twenty (120) gross acres o-n;e--half(4)-af a- -1u, s 4=S-eati -n and less than three hundred twenty (320) gross acres, not to exceed eight (8) ANIMAL UNITS per acre on LOTS a minimum of one-half (%) of a Section and less than six hundred forty (640) gross acres, and not to exceed ten (1 0) ANIMAL UNITS per acre on LOTS six hundred forty (640) gross acres or larger, or one full sections -n _ tae A “ Hof.e e -n' ated-An i m a l) Z-oRe✓DI s td �� i�� 1 � � : I TS s cee are --t AL - UNITS per -acre on LOTS-a--mini-mum of -a Duarte; S ootion and less than three-f2o4ndred twro-ss acres, n o tt t -o -e- 4—f -i-g --(-8) ANIMAL U I ITS - ar aGr--on-LOT„ -a-m-m i m --G--n u-m ...-� and I e ha -n six h u -n d r -e -X64-9-}-g FO&. - res —a et to exceed _ tin -(1-0<) TS -per -a -or L. TS sk--hu-n-d- e-d-fe y-(64.0)- gross acres or-l-arger. In the E (Estate) Zone District, ANIMAL UNITS shall not exceed e-iA-8 one (1) ANIMAL UNITS per gross acre L -T. 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 eighty (80) 9 acres in a LOT for the purpose of calculating the number of ANIMAL UNITS allowed as a Use by Right, the total number of contiguously owned or controlled (for example, through lease, easement or dedication) acres shall be included. Such contiguity shall not be affected by the existence of a platted STREET/ROAD street or ALLEY a-lley, a PUBLIC public; or private 4g -ht -way RIGHT-OF-WAY, a public or private transportation right-of-way or area, state or federal PUBLIC public lands, whether own-- the State, _ the Unit n -y41 -1 -e -r -e xcept County-owwwned-eoen 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 1 of Article V of this Chapter. In plan, the perimeter of the APPROACH SURFACE coincides with the perimeter of the APPROACH ZONE. APPROACH ZONE: The Utility Runway Visual Approach Zone, Runway Larger Than Utility Visual Approach Zone, and Precision Instrument Runway Approach Zone as described in Section 23-5-20. APPEAL: The req-U t----r&vi- w of the County's in4cwi etation--of any provision of this Chapter or a -request for a VARIANCE, with the exception of appeals -an -cry -van -Gas pursuant to Article -X-' s ter -2-3 crf 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. The AUXILIARY QUARTERS may not be used on any basis as a rental. b. The USE is subordinate in purpose, area or intensity and the occupants contribute to the needs of the occupants of the SINGLE-FAMILY DWELLING served. c. The GROSS FLOOR AREA g -rose freer area of the SINGLE-FAMILY DWELLING shall be no less than one thousand six hundred (1,600) square feet in size. d. The minimum lot size shall be no less than two and one-half (2%) acres. e. The minimum GROSS FLOOR AREA of the AUXILIARY QUARTERS shall be no less than three hundred (300) square feet in size, and the maximum shall not exceed fifty percent (50%) in size of the GROSS FLOOR AREA of the SINGLE-FAMILY DWELLING, not to exceed one thousand (1,000) square feet in size. f. The AUXILIARY QUARTERS and the SINGLE-FAMILY DWELLING shall be attached by common roof and foundation. g. The AUXILIARY QUARTERS and the SINGLE-FAMILY DWELLING shall be connected by a party wall or shall not be separated by more than twice the width of the projected view of the shortest exterior wall of the AUXILIARY QUARTERS. BANNER: Any SIGN of lightweight fabric or similar material that is permanently mounted to a pole or a BUILDING by a permanent frame or rivet at one (1) or more edges. BASE FLOOD: The FLOOD having a one -percent chance of being equaled or exceeded in any given year. BASE FLOOD ELEVATION (BFE): The elevation shown on a FEMA FIRM that indicates the WATER SURFACE ELEVATION resulting from a FLOOD that has a one -percent chance of equaling or exceeding that level in any given year. BASEMENT: Any floor level below the first story or main floor of a -au-MI-rig 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). The BASE 1\ -ENI- is- tly o -pa-r ialll -I er thn-the surface of the ground. 4 r the p-urpc>se- this Chapter, any Any crawl space with six (6) four (4) feet or more between the floor and the ceiling shall be considered to be a BASEMENT. 10 BEACON: Any light with one (1) or more beams directed into the atmosphere or directed at one (1) or more points not on the same zone lot as the light source; also, any light with one (1) or more beams that rotate or move. BEST AVAILABLE DATA: Any FLOOD data available from the federal or state governments or any other source that is utilized by the FLOODPLAIN ADMINISTRATOR to determine the BASE FLOOD ELEVATION or FLOODWAY location. The sources of data may include, but are not limited to: a. FEMA publications such as guidance documents, policy documents, technical bulletins and regulations; b. State publications and regulations; and c. Other published or unpublished FLOOD studies. BILLBOARD: A SIGN which is intended to create an income from the sale or leasing of advertising space BIOSOLIDS: The accumulated treated residual product resulting from a domestic wastewater treatment works. BIOSOLIDS does not include grit or screenings from a wastewater treatment works, commercial or industrial sludges (regardless of whether the sludges are combined with domestic sewage), sludge generated during treatment of drinking water or dernestie DOMESTIC SEPTAGE or industrial septage. BREWERY: Any establishment licensed pursuant to the provisions of Title 44 12, Article 3 4-7, C.R.S., where malt liquors or fermented malt beverages are manufactured, except BREW PUBS brew pubs. "Malt liquors" are defined in C.R.S. Section 44-3-103(30). "Fermented malt beverages" are defined in C.R.S. Section 44-4-103(1) l-u4e-beer-a-Rd shall be construed -4o mean any beverage obtained -by the al o- e farmer -Pt -tertian— usion or decoction of--bartey, malt, hops, or any other s -il -r -pr=oduct, or any combination thereof, in water containin-g-moce-1,:h-atn three and- , - s percent (372 %) of -alcohol by "51 eig i o o Y four ero/✓ BREW PUB: A retail establishment licensed pursuant to the provisions of itle 44 12, Article 3 47, 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) -dude-b er and shall be consfo cie t , , a-b'everag-e-cbtained by ti alcohol4c ernion ati-on of any infu-si-o-n-or-deca en -mil: bare-,, _ r -ait, hops or another similar product, or any combin-a-t-i-on4nereof, in water coeta*g--m-e-=e ha -n three -and two4e - - --erne-n om% 4 -alcohol c ant (4 %)- a loo h o I by vo l u -r -n -e . 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. Rr rWJWG ENVELOPE: The two -dime; aer which-a-stcw-c-ture is permuted to be bui n - a lot. The bull-r-equiremmen-t cth pecific zee--d-i -tri is addressed in this Cow shall also be followed - BUILDING HEIGHT: I _ he vertical distance from mean natural grade at foundation to the highest point of the roof or appurtenances, not including CHURCH cl';urG-h 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 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. 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. 11 CAMPGROUND: An area -u€ed- USED for TEMPORARY placement and occupancy of RECREATIONAL VEHICLES or CAMPING camping tents operated on a COMMERCIAL basis for USE by the public CARGO CONTAINER: A receptacle with all of the following characteristics: a. Of a permanent character and accordingly strong enough to be suitable for repeated use, constructed of metal and being airtight and water-resistant. b. Specially designed to facilitate the carriage of goods, by one (1) or more modes of transport, one (1) of which shall be by vessels, without intermediate reloading. c. Fitted with devices permitting its ready handling, particularly its transfer from one (1) mode of transport to another. d. Designed to be easy to fill and empty. e. A railroad car of any type shall not be considered a CARGO CONTAINER. Se -d CAR WASH: An establishment providing COMMERCIAL cleaning of motor vehicles, not including SEMI -TRAILERS. CELL ON WHEELS (COW): A portable mobile cellular site that provides temporary (up to 1 year) of network and wireless coverage to locations where cellular coverage is minimal or compromised. CEMETERY: Land used for the burial of the --dead human remains and dedicated for memorial purposes, whereby plots are reserved and sold. Includes columbaria and mausoleums. CHANGEABLE COPY SIGN: A SIGN or portion thereof with characters, letters or illustrations that can be changed or rearranged without altering the face or the surface of the SIGN. An electronic or digital SIGN on which the message changes more than six revolutions per minute shall be considered an ANIMATED SIGN and not a CHANGEABLE COPY SIGN for purposes of this Chapter. A SIGN on which the only copy that changes is an electronic or mechanical indication of time or temperature shall be considered a "time and temperature" portion of a SIGN and not a CHANGEABLE COPY SIGN for purposes of this Chapter. CHANNEL: The physical confines of a stream or waterway consisting of a bed and stream banks and existing in a variety of geometries. CHANNELIZATION: The artificial creation, enlargement or realignment of a stream CHANNEL. CHILD CARE CENTER : A facility, by whatever name known, which is maintained for the whole or part of a day for the care of five (5) or more than eight (8) children who are eighteen (1 S) -der4he g e of sixteen (1-6 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). The term -includes facilites-com-mortMcnown as cay care centom. H-QQ-ao--a# r,� , ,��e �l�o , play groups, d -ay - f ar-n-ps m m r ca-m-ps-fle rs for d e use te pme to H --c fed-thl- n -a n oes e facilities wh ioh—g i5: -,� r I u -r c C�-fr, �� P� ' an4-ne acted children, � cluces those facilities for child -ran -under ��:.� !� �a�"�'3 i�L1 ! �✓ i�i.r��r�J-'-moo the age 4 a ()-ye- i-t-h-sfate-d--e-d-Y e- -r l --p - =p-ose e -P.. ted in co -u r; cti o,n wi h -a -P U B L lC, private or pa ohI-al-- -1-leg« r private or paroch-i -S- HOOL; ; oe 4—th -he4eran shall -net app y to any Kindergar�-n maintain-ed in connection with -a -RU -8,4C, -C, pr-i -t-e cparochial-elementary SCHOOL system--cif-a-H (-)--g-r-a-des or to any preschool established pursuant to thee le 22, rt cue ` 8, C. �'. S., which is maintained in -connection v,,system ef-teast-S (6) g -a -d -a so ie the school :o-n-ot a Is .v, ��-i1-i ded- a-yservices. CHURCH: A building BUILDING or structure STRUCTURE, or groups of buildings BUILDINGS or structures STRUCTURES, that by design and construction are primarily intended for conducting organized religious services and associated acesso-r-y uses ACCESSORY USES. -Table-23-11D 3 --ID r a n f_"7`de Procne -sr hu 'i. h es _no Applicatien RA- USR R U -S -R &PR S -P R 3 r SPR 13 P- USR PUCE 44--SRF-SP-R 12 Rev-i-ew -RR - Site RI -an -Re -keg -0v" CLUSTER: A reside-n-tia! oeveloprnen cn-iq ;e that concentrates individual -lets on part of the site -to allow the remaining land —to oe used for recreation, common open space an4-41 en ., -mentally sensitive features such as wildlife habitat, riparian zones and a-g-rid-u-l-tu-gal lands. If a CLUSTER development is proposed on agri-cultural lanes, the land shall be currently -used or caisabiee-of bei--ng-used for agricultural -production such as farmi -and-r-a-n g o-p-e-�i Nt -years. The -intent of the A (b icultural)-Zone District as ou-tlined i---C-haoters 22, 23, 24 and 27 of this Code, i-n-eluding Weld Coun4yLs--R-i-ght to Farm, shall be -mist. A CLUSTER development may oe used in URBAN a -n4 NONURBAN ARE -LAS. S. CO -LOCATION: Locating TELECOMMUNICATION ANTENNAS or other wireless communications equipment for more than one (1) provider on a single STRUCTURE. COMMERCIAL: An activity where goods, products or services are bought, sold or transferred in ownership on a fee, contract or barter basis excluding those uses USES listed by right and ACCESSORY USES in the A (Agricultural) Zone District. COMMUNITY BUILDINGS: Governmental and non-profit BUILDINGS, including but not limited to libraries, post offices, and museums, and quasi -PUBLIC BUILDINGS for the members of a group, including but not limited to community clubhouses owned by homeowners' associations, fraternal lodges, grange halls, and agricultural organization offices. COMMERCIAL MESSAGE: Any SIGN wording, logo or other representation that, directly or indirectly, names, advertises or calls attention to a business, product, service or other commercial activity. accessory -uses COMMERCIAL JUNKYARD: An open or ENCLOSED enclosed- area where any waste, JUNK or used or secondhand materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including, but not limited, to scrap iron and other metals, paper, rags, rubber tires and bottles. A COMMERCIAL JUNKYARD also includes the storage or keeping of DERELICT VEHICLES. COMMERCIAL SCHOOL: A SCHOOL established to provide on -site training of business, trade, commercial, industrial, clerical, managerial or artistic skills, such as a beauty SCHOOL, ceramic store or driving SCHOOL. This definition applies to SCHOOLS that are owned and operated privately for profit and that do not typically offer a complete educational curriculum. This classification excludes establishments that provide training in an activity that is not otherwise generally permitted in the zone district. Incidental instructional services in conjunction with another primary use USE, such as HOME BUSINESSES with classes of six (6) or fewer students, shall not be considered a COMMERCIAL SCHOOL. COMMERCIAL STORAGE BUILDINGS: A BUILDING or group of BUILDINGS consisting of individual, self-contained units leased for ENCLOSED self-service storage of personal property. COMMERCIAL VEHICLE: Any vehicle, otheighan an automobile, used USED or previously used USED COMMERCIALLY to facili te-an a-cti-4 e -re r ^¢ r services are -beg , -sold or transferred in- , n-er-ship on a fee, ean-Lfl-rbarter basis, excluding those USES uses listed by right and accessory uses in the A (Agricultural) Zone District. A COMMERCIAL VEHICLE shall include, but is not limited to, semi -tractors andtcaile-- SEMI -TRAILERS, dump trucks, construction equipment, and box trucks, tow trucks,_and vehicles such as taxis and ride -sharing vehicles USED to transport passengers for a fee. A COMMERCIAL VEHICLE shall not be allowed to deteriorate to the condition of a DERELICT VEHICLE or be utilized as a storage unit, unless the USE 4,Ase is allowed through the zone district. For the purposes of enforcement, two -axle passenger motor vehicles, as defined in C.R.S. Section 42-1-102(58), which could be utilized in everyday personal transport, and which are USED COMMERCIALLY, such as but not limited to taxis, ride -sharing vehicles, and work pick-up trucks, may be allowed in any zone district without requirement of any permits provided they are operated solely by residents thereof. SPACE: A -parcel of land, an area -of--wter or a corn-lanation of a -nn- 4 -a — R-EETS, PARKI- t _�,f-wa„ Heir h�hii the ite- design-ated for a Pta-nned Jnit D iap m e n t; -d-e tg-n-e -- d intended p madly for th-e- -e-r—e ri risen -t- f re .maiden s, occupants and owners of the Planned ! �-ntt Deve l -e -pm r :- 13 CONDITIONAL LETTER OF MAP REVISION (CLOMR): FEMA's comment on a proposed project which does not revise an effective FLOODPLAIN map and would, upon construction, affect the hydrologic or hydraulic characteristics of a FLOODING source and thus result in the modification of the existing regulatory FLOODPLAIN. CONICAL SURFACE: A surface extending outward and upward from the periphery of the HORIZONTAL SURFACE at a slope of twenty (20) to one (1) for a horizontal distance of four thousand (4,000) feet. CONICAL ZONE: The area described as CONICAL ZONE in Section 23-5-20. CONSERV r ION EASEMENT: An encumbrance up -an- - el of land st+pulati-n-g-the Fe-striction on addi_ional or fu -t -re development. The easement restricts the -develop e., - but the -!an -downer still holds h -e ti to --t e r , t o-rig�o restrict -blic access anI, or transfer owners of the prepsr CONSTRUCTION TRAILER: at MANUFACTURED STRUCTURE or COOM ERC AL VEHICLE -used for other -h r -a= MP AR -t-i e -pad-- office use or the storage struction-relate,k flans-, s�appl s, ech p enG and related CONSTRUCTION TRAILERS shat items to be a -c i re ni Conduction per -s -o n n e l . Chapter, including required zoning SETE,Ite-dis-oordance with th, -re- nts set forth in Ck a-pter 29 of -this Code and -ad -hart, IL uar ments of Section 23-'1-190 of the Code. All CONSTRUCTION TRAILERS sib--a-'-l-demonstrate that water and -s- are--aab4e7 CRAWLSPACE, BELOW GRADE: A BELOW GRADE CRAWLSPACE is a crawlspace that has an interior grade no more than two (2) feet lower than the exterior grade and is below the BASE FLOOD ELEVATION. All BELOW GRADE CRAWLSPACES shall comply with Technical Bulletin 11, as amended, of the Federal Emergency Management Agency. CRITICAL FACILITY: A STRUCTURE or related infrastructure, but not the land upon which it is situated, that, if flooded, may result in significant hazards to public health and safety or interrupt essential services and operations for the COUNTY at any time before, during or after a FLOOD. CRITICAL FACILITIES are classified under the following categories: (A) Essential Services; (B) Hazardous Materials; (C) At -Risk Populations; and (D) Vital to Restoring Normal Services. a. Essential Services CRITICAL FACILITIES. 1) Essential Service CRITICAL FACILITIES include, but are not limited to: a) Public safety facilities such as police stations, fire and rescue stations, emergency vehicles and equipment storage and emergency operations centers; b) Emergency medical facilities such as HOSPITALS, ambulance service centers, urgent care centers with emergency treatment functions and non -ambulatory surgical STRUCTURES, but excluding clinics, doctors' offices and non -urgent care medical STRUCTURES that do not provide emergency treatment functions; c) Designated emergency shelters; d) Communications systems such as main telephone hubs, broadcasting equipment for cable systems, satellite TV systems, cellular phone systems, television radio and other types of emergency warning systems, but excluding the towers, poles, cables and conduits; e) PUBLIC utility plant facilities for generation and distribution, such as hubs, SEWAGE TREATMENT PLANTS, substations and pumping stations for water, power and gas, but not including the towers, poles, power lines, buried pipelines, transmission lines, distribution lines and service lines; and f) Air transportation lifelines such as airports (municipal and larger), helicopter pads and STRUCTURES serving emergency functions, and associated infrastructure (aviation control towers, air traffic control centers and emergency equipment aircraft hangars). 2) Specific exemptions to Essential Service CRITICAL FACILITIES include wastewater treatment plants, nonpotable water treatment plants, hydroelectric power -generating plants and related appurtenances. 3) Public utility plant facilities may be exempted from the definition of Essential Service CRITICAL FACILITIES if it is demonstrated that the facility is an element of a redundant system for which service will not be interrupted during a FLOOD. At a minimum, it shall be demonstrated that 14 redundant facilities are available (either owned by the same utility or available through an intergovernmental agreement or other contract) and connected, the alternative facilities are either located outside of the 100 -YEAR FLOODPLAIN or are compliant with the provisions of this ORDINANCE, and an operations plan is in effect that states how redundant systems will provide service to the affected area in the event of a FLOOD. Evidence of ongoing redundancy shall be provided upon request. b. Hazardous Materials CRITICAL FACILITIES. 1) Hazardous Materials CRITICAL FACILITIES include, but are not limited to: a) Chemical and pharmaceutical plants; b) Laboratories containing highly volatile, flammable, explosive, toxic and/or water -reactive materials; c) PETROLEUM REFINERIES; d) Hazardous waste storage and disposal sites; e) Aboveground gasoline or propane storage or sales centers; f) Facilities which produce or store chemicals in quantities in excess of regulated threshold limits. If the owner of a facility is required by OSHA to keep a Material Safety Data Sheet (MSDS) on file for any chemical stored or used in the workplace and the chemical is stored in quantities equal to or greater than the regulated United States Environmental Protection Agency Threshold Planning Quantity for that chemical, then that facility will be considered a CRITICAL FACILITY. 2) Specific exemptions to Hazardous Materials CRITICAL FACILITIES include: a) Finished consumer products within retail centers and households containing hazardous materials intended for household use and agricultural products intended for agricultural use b) c) BUILDINGS or other STRUCTURES containing hazardous materials for which it can be demonstrated to the satisfaction of the COUNTY by hazard assessment and certification by a qualified professional that a release of the subject hazardous material does not pose a major threat to the public; or Pharmaceutical sales, use, storage and distribution pharmaceutical products. At -Risk Populations CRITICAL FACILITIES. 1) At -risk population facilities include, but are not limited to: a) Elder care facilities, including nursing homes; b) Congregate care serving twelve (12) or more individuals, including 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. CRITICAL FACILITIES Vital to Restoring Normal Services. 1) CRITICAL FACILITIES Vital to Restoring Normal Services include, but are not limited to: a) Essential government operations, including public records, courts, jails, building permitting, inspections services, community administration and management, maintenance and equipment centers; and b) Essential STRUCTURES for PUBLIC colleges and universities, including dormitories, OFFICES and classrooms. 2) CRITICAL FACILITIES Vital to Restoring Normal Services listed in Paragraph 1) above may be exempted from the definition of CRITICAL FACILITIES if it is demonstrated that the facility is an element of a redundant system for which service will not be interrupted during a FLOOD. At a minimum, it shall be demonstrated that redundant facilities are available (either owned by the same utility or available through an intergovernmental agreement or other contract) and connected, the alternative facilities are either located outside of the 100 -YEAR FLOODPLAIN or are compliant with the provisions of this ORDINANCE, and an operations plan is in effect that states how redundant systems will provide service to the affected area in the event of a FLOOD. Evidence of ongoing redundancy shall be provided upon request. Exemptions listed for particular categories of CRITICAL FACILITIES shall not apply to STRUCTURES or related infrastructure that also function as CRITICAL FACILITIES under another category outlined in this definition. centers that do not manufacture CHILD CARE 15 DAIRY: An establishment for the primary production and subsequent sale or distribution of milk and/or milk products. See LIVESTOCK CONFINEMENT OPERATION. DERELICT MANUFACTURED -% OR MOBILE HOME : A MANUFACTURED MOBILE4 HOME that is partially or totally damaged by fire, earthquake, wind or other natural causes, or is in a state of general dilapidation, deterioration or decay resulting from improper lack of maintenance, vandalism or infestation with vermin or rodents. A MANUFACTURED HOME shall not be allowed to deteriorate to the condition of a DERELICT MANUFACTURED OR MOBILE HOME. Any such DERELICT MANUFACTURED ` OR MOBILE) HOME shall be returned to and maintained in the condition as originally established on site and as inspected by the Building Inspection Department, or it shall be removed from the site. mobile home or DERELICT SIGN: A SIGN that is partially or totally damaged by fire, earthquake, wind or other natural causes, or is in a state of general dilapidation, deterioration or decay resulting from improper or lack of maintenance, vandalism or infestation with vermin or rodents. DERELICT VEHICLE: A vehicle that is inoperable (unable to move under its own power); is partially or totally dismantled; has all or portions of its body work missing or is substantially damaged; does not have valid registration with the State, as required by C.R.S. Sections 42-3-1C 4-202(4), 42 3-138 12-301 or 42- 12-1 401, C.R.S-77 and/or the number plate assigned to it is not permanently attached to the vehicle, as required by C.R.S. Section 42-3-23 202 -RCS ; or is lacking proper equipment to the extent that it would be unsafe or illegal to USE on p-utliG-re i , e -f a PUBLIC 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- 2-227 230, C.R.S. This definition shall not include implements of husbandry, farm tractors or vehicles customarily operated in a FARMING operation. DEVELOPER: The legal e -P -beneficial owner or owners -o - -any of the I -a d to be-i-nakced in g-ven DEVELO-PMENT, or the au h 4zed g -t therefor, includ+ng tai-nolcer of an option or contract to h a v- an-en-fo b! e legal i t--- n- rs-h--- en -d- DEVELOPMENT: The placement, construction, erection, reconstruction, movement and/or alteration of BUILDINGS and/or other STRUCTURES, the placement of paved areas, drainage improvements or alterations on the historic flow of drainage patterns or amounts, and the placement of lighting and/or other appurtenances related to any and all USES, excluding OIL AND GAS FACILITIES. Includes any man-made change to improved or unimproved real estate, including but not limited to BUILDINGS or other STRUCTURES, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. DEVELOPMENT SIGN: A FREESTANDING SIGN maintained by a DEVELOPMENT'S homeowners' association and located on property owned by the homeowners' association. The SIGN may contain the name, symbol or location of a PLANNED UNIT DEVELOPMENT or SUBDIVISION. PLANNED UNIT DEVELOPMENTS with COMMERCIAL and/or industrial USES may include the names of the businesses in the DEVELOPMENT on the DEVELOPMENT SIGN. DEVELOPMENT STANDARDS: A list of items that are compiled and approved by the COUNTY that governs the USE and/or operation of a Special Review Permit or Site Plan Review. The list is placed on the Special Review Permit -I-a-n- map or Site Plan Review map prior to recording the map with the County Clerk and Recorder. DISTILLERY: Any establishment licensed pursuant to the provisions of Title 44 12, Article 3 47, C.R.S., where spirituous liquors are manufactured. "Spirituous liquors" are defined in G.R.S. Section 44-3-103(54) - nolude any aoet el -bee -age obtained by distillation, mixed with atar-and other subs-taq-cesan and includes amet g--ort r:thi-n-gs-bra „ m, w ,key, gin and eve- quid or - lid, p tented or net - containing at-lea-st9--hra-l- -o-f- pe-r, 0 ' y u4d or solid containing b provided in -Sections <2.--4/ or v-i uo,-liqut-shal-l- constr beer ued to be spirituous liquar. or wine in comb - n with at oche -,-I uor, excepts u o -d- 4o -be farm -anted malt or m a- DISTRIBUTION CENTER: A BUILDING where goods are stored for distribution to a retailer or other destination. 16 DOMESTIC SEPTAGE: Liquid or solid material removed from a septic tank, cesspool, portable toilet, Type III marine sanitation device or similar treatment works that receives only domestic sewage. DOMESTIC SEPTAGE does not include liquid or solid material removed from a septic tank, cesspool or similar treatment works that receives either commercial wastewater or industrial wastewater and does not include grease removed from a grease trap at a RESTAURANT „rg-s'-.-nt. D-O-YELE FRONTAGE: A lot that f; o- upon two (2) parallel sweets, or a t . rr---ont -pon two (2) s re -eta -t -h -a - et-i-nter-sect-z the boundaries of the Iot- D-OUB -FRONT AGE LOT is -o -ft Yn referred to a -s a,d rop, ms s-l�u�rae elow. DWELLING, DUPLEX: A BUILDING, other than a MANUFACTURED HOME, containing two (2) DWELLING UNITS, each occupied by not more than one (1) LIVING UNIT. DWELLING, MULTI -FAMILY: A BUILDING, other than a MANUFACTURED HOME, containing four (4) three (3) or more DWELLING UNITS, each occupied otter than MOBILE HOMES o ��-RACTURED H--O-MES a, r -- 2 '— s g oed-- nd intenile -e-be occue• by four (4) or not more than one (1) LIVING UNITS. DWELLING, SINGLE-FAMILY ILE F LY DWELLING): A DWELLING UNIT gar MCTURED-I ME other than a MOBI-LE HOMES arranged, designed and intended to be occupied by not more than one (1) LIVING UNIT. The -projected view of any-e34e-rior waft o a D'A- UN -1 -T -e -r MANUFACTURED HO- ,�- sh-a11-not be less than t-wenyy-fou DWELLING, THREEFAMIL` /PLEX: A BUILD a1gG----ce- t aq M --B I--� I-- ME S of MANUFACTURED HOMES a rr-a c , designd--a n ---1 n te-n-de-d--to be c- by net mere -than th-ree-(--3-) LIVING U N I& DWELLING, TV.- FAMILY/DUPLEX: A BUILD -WC -containing containing two (2) IOWLING UNITS of e-th-a-n- M O B I L E H -M E S or—MAN-UFACTURED FA C T U R E D HOMES arranged, desi-g red--a-n-d i n to n- , e41--t-e-be-oc c L o -led by -not more than two (2) L1 -VI G -U, 1T - ELEVATE: To build or raise a STRUCTURE to a minimum of one (1) foot above the BASE FLOOD ELEVATION. LUNG _ Li -N -ITS -other h e r ELEVATED BUILDING: A BUILDING without a BASEMENT and: a. Built, in the case of a BUILDING in Zones Al -30, AE, A, A99, AO, AH, B, C, X and D, to have the top of the ELEVATED floor above the ground level by means of pilings, columns (posts and piers) or shear walls parallel to the floor of the water; and b. Adequately anchored so as not to impair the structural integrity of the BUILDING during a FLOOD of up to the magnitude of the BASE FLOOD. In the case of Zones A1-30, AE, Al 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. 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. 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). 17 EXTRACTOR: Any individual, partnership, association or corporation which extracts COMMERCIAL MINERAL DEPOSITS for USE in the business of selling such deposits or for use USE in another business owned by the eF-act.EXTRACTOR or any department or division of federal, state, county or municipal government which extracts such deposits. FAMILY CHILD CARE HOME: A facility for child care in a place of residence of a family or person for the purpose of providing less than twenty -four-hour care for children under the age of eighteen (18) years who are not related to the head of such home, as further defined in C.R.S. Section 26-6-102(13). FARM, RANCH AND GARDEN BUILDINGS AND USES: Those -BUILDINGS and STRUCTURES used LOSE LIVESTOCK, feed, flowers, field eq ipme-„ , DAIRY rations n•similar USES; ted to raising of crops, poultry or LIVESTOCK. FARMING: The cultivation of land; the growing, storage, drying, and/or seasonal sale of crops, plants, flowers, and nursery stock raised on the premises; and ranching and/or the raising of LIVESTOCK, excluding LIVESTOCK CON mINEMENT OPERATIONS. FARMING also includes TEMPORARY storage and sorting of in -transit crops, plants, flowers, and nursery stock not raised or for sale on the premises. See also AGRICULTURAL PRODUCTION. FARMLAND - U.S. DEPARTMENT OF AGRICULTURE, SOIL CONSERVATION SERVICES: The availability of a consistent supply of clean water must exist in order to have prime FARMLAND. Prime FARMLAND is land that has the best combination of physical and chemical characteristics for producing food, feed, forage, fiber and oilseed crops, and is also available for these USES (the land could be cropland, pastureland, rangeland, forest land or other land, but not urban build-up land or water). It has the soil quality, growing season and moisture supply needed to economically produce sustained high yields of crops when treated and managed, including water management, according to acceptable FARMING methods. In general, FARMLANDS have an adequate and dependable water supply from precipitation or irrigation, a favorable temperature and growing season, salt and sodium content and few or no rocks. Prime FARMLANDS are permeable to water and air. Prime FARMLANDS are not excessively erodible or saturated with water for a long period of time, and they either do not FLOOD frequently or are protected from fIood+n-g- FLOODING. (U.S. Department of Agriculture, Soil Conservation Services [Special Series 17], January 1980; additional supplements.) FILL: y d -gin Section 23-1-1 31-0- of this Code. Any material such as earth, clay, sand, concrete, rubble or waste of any kind which is placed or stored upon the surface of the ground. FISHING: A recreational activity that involves the act, occupation or sport of catching fish. FLAG: Any fabric, banner or bunting containing distinctive colors, patterns or symbol of the Unitec 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 dace 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. 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. 18 FLOOD INSURANCE RATE MAP (FIRM): The official map on which FEMA has delineated both the SPECIAL FLOOD HAZARD AREAS and the risk premium zones applicable to the COUNTY. FLOOD INSURANCE STUDY (FIS): The official report provided by FEMA that includes FLOOD profiles, the FLOOD BOUNDARY AND FLOODWAY MAP and the WATER SURFACE ELEVATION of the BASE FLOOD. FLOODPLAIN or FLOOD -PRONE AREA: Any land area susceptible to being inundated as a result of a FLOOD, including the area of land over which floodwater would flow from the spillway of a reservoir. The FEMA-mapped FLOODPLAINS are shown on FEMA's DFIRM, FIRM and FBFM maps. FLOODPLAIN ADMINISTRATOR: The designated COUNTY official responsible for administering and enforcing this ORDINANCE. FLOODPLAIN DEVELOPMENT PERMIT: A permit required before construction or DEVELOPMENT begins within any SPECIAL FLOOD HAZARD AREA (SFHA). Permits are required to ensure that proposed DEVELOPMENT projects meet the requirements of the National Flood Insurance Program and this ORDINANCE. FLOODPLAIN MANAGEMENT: The operation of an overall program of corrective and preventative measures for reducing FLOOD damage, including but not limited to emergency preparedness plans, FLOOD control works and enactment and updating of this ORDINANCE. FLOODPLAIN MANAGEMENT ORDINANCE (ORDINANCE): Ordinance enacted by the Board of Weld County Commissioners pursuant to Title 29, Article 20 and Title 30, Article 28, C.R.S., for the purpose of FLOOD damage prevention and reduction. FLOODPROOF or FLOODPROOFING: Any combination of structural and nonstructural designs, changes or adjustments to STRUCTURES, with the exception of steel rings surrounding oil and gas storage vessels, which reduce or eliminate FLOOD damage to real estate, improved real property, water and sanitary sewer facilities, and STRUCTURES and their contents. FLOODWAY (REGULATORY FLOODWAY): The CHANNEL of a river or other WATERCOURSE and the ADJACENT land areas that must be reserved in order to discharge the BASE FLOOD without cumulatively increasing the WATER SURFACE ELEVATION more than a designated height. The statewide standard for the designated height to be used for all newly studied reaches shall be one-half (%) foot (six [6] inches). Holders of valid LETTERS OF MAP REVISION to existing FLOODWAY delineations may continue to use the FLOODWAY criteria in place at the time of the existing FLOODWAY delineation by FEMA. FEMA's mapped FLOODWAYS are shown on the FIRM and FBFM maps. FLOWLINES: A segment of pipe transferring oil, gas, or condensate between a wellhead and processing PROCESSING equipment to the load point or point of delivery to a U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration or Colorado Public Utilities Commission regulated gathering line or a segment of pipe transferring produced water between a wellhead and the point of disposal, discharge, or loading. This definition of flowitn-e FLOWLINE does not include a gathering line. The different types of fl-e-wlae-s FLOWLINES are: Wellhead Line: noa T -s A FLOWLINE that transfers well production fluids from an oil or gas well to process equipment (e.g., separator, production separator, tank, heater treater), not including preconditioning equipment such as sand traps and line heaters, which do not materially reduce line pressure. Production Piping: means A segment of pipe that transfers well production fluids from a wellhead line or production equipment to a gathering line or storage vessel and includes the following: Production Line: gathering line; means A flowl-i- Fe FLOWLINE connecting a separator to a meter, LACT, or Dump Line: A flowline 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; means 19 Manifold Piping: means A f ri-i-FLOWLINE that transfers fluids into a piece of production facility equipment from lines that have been joined together to comingle fluids; and Process Piping: men All other piping that is integral to oil and gas exploration and production related to an individual piece or a set of production facility equipment pieces. Off -Location Flowline: im-' {mss A f'cv,f,i ._ s FLOWLINE transferring produced fluids (crude oil, natural gas, condensate, or produced water) from an eThnc'-e-sGati-o<b OIL AND GAS LOCATION to a production facility, injection facility, pit, or discharge point that is not on the same ik a -n- , g -as ae i:i - OIL AND GAS LOCATION. This definition also includes files FLOWLINES connecting to gas compressors or gas plants. Peripheral Piping: n''f. a`i-- :: A 'Pi -OW -hit -1e FLOWLINE that transfers fluids such as fuel gas, lift gas, instrument gas, or power fluids between oil enc-gam fte OIL AND GAS FACILITIES for lease use. Produced Water Flowline: -n--e-acs A f o,`,iL FLOWLINE on the LOCATION oil and . s c-a-tien OIL AND GAS used to transfer produced water for treatment, storage, discharge, injection or reuse for oil and gas operations. A segment of pipe transferring only freshwater is not a FLOWLINE FOSTER CARE HOME: A f -C, ty home certified by the County or a child placement agency for child care in the residence of a person or FAMILY ra-mi-byt for the purpose of providing twenty-four (24) 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 - who may or ma .gee related to the head of the househoii4-, and includes medica: kinship foster care homes, as defined by C.R.S. Section 26-2-102(21)--C.R.S., re included in this defini-ti-en. 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. 102(13) GARDENING: The cultivation of plants without the use of tractors or other heavy machinery, including PUBLIC or private community gardens. GEOLOGIC HAZARD: A geologic L4 -h -e n o-rn-e-n-o-r—,,l-h- se-adAte, to past, ; rre n fG e seeaj e einaetto-o-n or Ianc USE as to-oonsti-tute a sign -tan -t h�r-z -rc an -el -safety or to proper -t 1 he term -includes, out is Ret-4i-mite-d-to;--u-nstable or poten-tia-0-1 j unstablelopes, _nrd QO- 1D, I 1-D-ENCE. The hazard posed to human life or property by GROUND SUBSIDENCE and/or seismic activity. GEOLOGIC HAZARD AREA: An area which oont-ai-n-s o -r -ice directly affected by a G- ,OG l -C i located over a bedrock fault or coal mine, as designated by the U.S. Geological Survey on the map titled Extent of Abandoned Coal -Mine Workings and Locations of Mine Shafts, Adits, Air Shafts, and Faults, as amended. [Available online at https://pubs.usgs.gov/imap/i-2735/i-2735.pdf.] GREELEY-WELD COUNTY AIRPORT: The AIRPORT located in Sections 2 and 3, T5N, and Sections 26 and 35, T6N, R65W of the 6th P.M., Weld County, Colorado. GROSS FLOOR AREA: The total 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. GROUP HOME FACILITY: A DWELLING UNIT facility which is licensed by the State, and/or authorized or regulated by either the state or federal government or both, and which provides non -institutionalized housing for a group of persons living as a single housekeeping unit, as determined by reference to C.R.S. Sections 30-28-115, 34---2-3----301an-d--3-1- 23-303, C.R.S. A GROUP HOME FACILITY shall be for one (1) of the following groups: a. A group of no more than -' icen se d -g u p-h-omo-e-r in..S.p e'i d e nt living ce c -as c efi by Sectio 26 8.1--1 O2 , C-p —A--g-r-c- -d-p of ne 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--10.5-40--an-d-30-28-115(2)(a)7 living-i-n a state -licensed -group home or c ammun-i-ty-res-idemtial-h en e; 20 sb. A group of not more than eight (8) persons with a behavioral and mental Fill- cc health disorders living in a state -licensed group home, as spoc-cfiand irm1te 9 --by referred to in C.R.S. Section 30- 28-115(2)(b.5), and not located within seven hundred fifty (750) feet of another GROUP HOME FACILITY C.R.S., li3-;-n in -a state -licensed group home; or . 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, _ of v hicn-Sre-proposed--to-be--lid d-w4-h4n R. �,�fifty-(-7-5-0)-feet � �is� aME R C U ''-e1 ES4 NTI CRAPE UTIC �-�'�; � ��' � o I^ a n existing ��-g '�--��'�J-�-�� . RAC .� � �_� � � � L� �°' � � . � � NIER, shall be considered RESIDENTIAL THERAPEUTIC CENTERS for the purposes of this Code. HAZARD TO AIR NAVIGATION: An obstruction determined to have a substantial adverse effect on the safe and efficient utilization of the navigable airspace. A ARD J i ,4;4E7/2 . d' ni/-C-,ftl 1..+a gavern J b\ . 4 F OL ^ G ! C flat -um -1 or m-anRm-a-de---ee n 4Gn- -FS-€e u- € _ a --pate v ial , u b -p-rop��rt hea-ith, s-af - -'tio- A well=--a-re or HEAVY MANUFACTURING - PROCESSING: The manufacture compounding process CF of raw or 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. ethanol, synthetic fertilizer, and tire manufacturing plants. HEIGHT (-Th i--d-ecfi l-i fl a=7-� -Iles only _ when Lisd4n 4h e P AIRPORTOv 4a -r-s4ri-c-t: For the purpose of determining the HEIGHT limits in all GREELEY-WELD COUNTY AIRPORT zones set forth in this -Section - Division 1 of Article V of this Chapter am s -^-own on --the zTen-i--ng-rr�- a , the datum shall be MEAN SEA LEVEL elevation unless otherwise specified. HELIPORT An area designed and USED for the landing, takeoff, maintenance, and fueling of helicopters. HIGHEST ADJACENT GRADE: The highest natural elevation of the ground surface prior to construction next to the proposed walls of a STRUCTURE. HISTORIC STRUCTURE Any STRUCTURE that is: a. Listed individually in the National Register of Historic Places (a listing maintained by the Department of the Interior) or preliminarily determined by the United States Secretary of the Interior as meeting the requirements for individual listing on the National Register; b. Certified or preliminarily determined by the United States Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; c. Individually listed on the State inventory of historic places; or d. Individually listed on the State inventory of historic places in communities with historic preservation programs that have been certified by the State. Examples include HOME BUSINESS: An USE incidental 4 SE to the principal permitted USE for gainful employment of the FAMILY residing on the property, where: a. Such USE is conducted primarily within a DWELLING UNIT or ACCESSORY STRUCTURE and principally carried on by the FAMILY resident therein. b. Such USE is clearly incidental and secondary to the principal permitted USE and shall not change the character thereof. A HOME BUSINESS shall not -b : inter- re-Sto include the following: clinic, HOSPITAL, nursing home, animal hospital, HOTEL/MOTEL, RESTAURANT, curt& P+,1;a FUNERAL HOME, or organized classes where more than six (6) persons meet together for instruction on a regular basis (does not include classes sponsored by a PUBLIC SCHOOL). HOME OCCUPATION: A USE incidental to the principal permitted USE for gainful employment of the FAMILY residing on the property, where the HOME OCCUPATION complies with the requirements of 21 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 incidental -use of-a-P)N-E=IJINIG \_„-I I T-fe r -g u I-- m l y n- -o th-P-side-theFe i n, w& r -e;r--C---LA S S Ell ---HOME O C C U PAT [ f-e=f ift ; e -( -Ogio-yel ea _ LUNNIT and/or in ACCESSORY BUILDING �it-h-aP-propriate fau-ild-ing �a. St[ -USE is clearly incidental and secondary -to -the USE of the dwelling for dw- - pu,cos aha �� s -e ra slIc aec-Ss shal b in te4-between---? 0 a n . and 7:00 p. T here is no exterior stogy- -d- s-alay or salesn'ias, goods, su . �� 364psQ-, [ f t re ep-oration of suoh HOME OCOUPA1l0,Ncnor m a to r -I -s - ,Doss not create -7_ n : , e g a i% t -p- adjacent _ Ipioaerty ov -ers, such as little or no o--fr mow- ne4 a t:on, s ue;-dust, c4c s, conges4on, trash accumulation, bre g-1-2re or electrical interfere -Roe, aZa ci- - nu -is -a co noticeable off the LO -TT OCCUI local, state and al--{ -lations. Grel-inaicily, _ a HOME—CCUPA TION shall not be intevpretee (iding p I-�-aa - clinic, HOSP 2T HOTEL/MOTEL--ES-TAURANT, mor u ry, vehicle cF--So --repair -sses where more th ec Fogethe for instruction asses -s- - l -by -a PUBLIC SQ40-04 HOME OCCUPATION —CLASS -I: A HOME O C C U P CLASS — shall -be c--e-ndu i s -byt i-nhabitan-t t-h�-D E!IL IN - -IT and comply with all criteria caned out i-h4te--11-I-QMIE--OACCUPATON init on above. The site --shall not be accessibe b aublic. Signage: Ma .tea n list o a maximum of -��n-ated s n -R ore than one (1) sgua _-., size wrich—m-ust be attached to the face of the V\ I L? l N -G ---ms' N I r a-ril-a , rte,/TI-O-N-=-C-L ASS i- e s-tc home office (no customers), cake decoration and inte t tes, etc. A day-care home (eight [8] or fewer ch i lc -u n er th- age of sixteen [ 16]) shall be co -Inside -Fed a CLASS--I-H IE CUP }iTI-O;S\9- HOME OCCUPATION - GM inhabitants of the DWELLING UNIT Galled out in the -Or Gan be included under this produ-Gts conducted on th-e-p sign no rb ye than ni .UNIT. than sixteen (16) ave-rage Therefore, an a produced by the residents fo clients, deliveries related re---u-sees s +l -a -r t 1. -ON CLASS s all -be con 1�� -- --th _ e xternal l s m o e- s--a-n- e -m -ply- �itl a-�i-c rite ; a -rwo (2) associat--COMMERCIAL- -O-MMERC9-A s incidental -l- - •s --ks, su-- a os or ne-x-i-m u m-- ow --non �ilIu n -e--(4)- u��t hich must be attaoh-ee=� f --el-to4h ae� o e [D � �� Q the IDANE 4I -N G -L— 1 -T -e _ more e-o^ff- street parking ' provides . a -se -k p in two (2) trips, one (1) when arriving and one (1) when leaving. r -p-e dl -a lay- 1- i- u e -hose r any purpose related to conducting the aus--i-rRe s, the -t ( - mial ee-s, CUPA-.IO1 4 G -L -ASS _ Il shall a-r-at-ien-wit -cuComers, sd it meets the criteria set forth. 22 HORIZONTAL SURFACE: A horizontal plane one hundred fifty (150) feet above the established AIRPORT ELEVATION, the perimeter of which in plan coincides with the perimeter of the HORIZONTAL ZONE (four thousand eight hundred forty [4,840] feet above MEAN SEA LEVEL). HORIZONTAL ZONE: The area described as HORIZONTAL ZONE in Section 23-5-20. HUNTING LODGE: Lodging accommodations for short-term guests where the primary attraction is HUNTING. IDENTIFICATION SIGN: A SIGN that only contains the address and name of the occupant. INCIDENTAL SIGN: A SIGN, generally informational, that has a purpose secondary to the use of the zone lot on which it is located, such as "no parking," "entrance," ` loading only," "telephone" and other similar directives. No SIGN with a COMMERCIAL message legible from a position off the ZONE LOT on which the SIGN is located shall be considered incidental. INSTRUMENT RUNWAY: The East-West. 9-27, equipped -far —to be eq-uipped, with -a precision -electronic navigation aid, Iamd-ing ai-d or other -a- ir t-i n-fadl-i-fies suitabte-t-e-per +the lancing er restricted visibility conditions and described as follows: A tract of anc n Sec ons 2 anc 3, 95\, anc Sec ons 35 anc 26, 6N, R65W, of _le 6°i D.V., s._uated in Weld C d innin the int section of State Highway 263, Darling Ranch Road, thence North 71°12' west a distance of six -thousand wo-hu i t-i-s the centerline of the INSTRUMENT RUN -WAY, which extends fifty (50) -feet on each -side of sa4ente-rline7 KENNEL: Any place other than a P 1 here re species, are <eat or maintainec, except tiat on a LOT of at least ten (10) acre --s t a -is zoned A (Agricultural) arm -,not in a SUB-D-IVISION or HISTORIC TOWNSITE, the owner or occupant. Rro-pe-rty—that—ice ned ,-(Agri-cu-ltu ra I) an - -not part of a platted subdivision —or -nincorpera-ted-town an -d -which is larger than ten (10) acres shal be permitted to in -the e -red a I NNEL no -gin, ,�, ei�h+ t81 HOUSEHOLD EHILD PETS of two (2) or more species and, in addition, no more than thirty ense issued by the Colorado-Department-onimal Industry Division and is--i -geed-stand ng it -such Division. Any place where five (5) or more HOUSEHOLD PETS of one (1) species, or a total of eight (8) or more HOUSEHOLD PETS of two (2) or more species, are kept or maintained, with the following exceptions: a. On a LOT of at least ten (10) acres that is zoned A (Agricultural) and not in a SUBDIVISION or HISTORIC TOWNSITE, the owner or occupant shall be permitted to keep or maintain the following without being considered a KENNEL: no more than eight (8) HOUSEHOLD PETS of one (1) species, or sixteen (16) HOUSEHOLD PETS of two (2) or more species and, in addition, no more than thirty (30) birds. b. On other LOTS zoned A (Agricultural), a Zoning Permit may be granted in accordance with Division 17 of Article IV of this Chapter for the following without being considered a KENNEL: no more than eight (8) HOUSEHOLD PETS of one (1) species, or sixteen (16) HOUSEHOLD PETS of two (2) or more species and, in addition, no more than thirty (30) birds. c. PET SHOPS. d. Veterinary clinics. e. Animal hospitals. LANDSCAPE: Includes any combination of living plants, such as trees, shrubs, vines, ground covers, flowers or turf, and may include natural features such as rock, stone and bark, and architectural features including, but not limited to, fountains, reflecting pools, art works, screen walls, fences, STREET/ROAD furniture, walks, decks and ornamental concrete or stonework. LANDSCAPE MAINTENAI\ c Th►e re- � irr atio we d� e zat� n, mow trash cleanup and pruning of all LANDSCAPE, the treatment or rcpai-r of -all diseased, insect -ridden, broken or vandalized LANDSCAPE, a n doh -e -re pl,aee msn- of-dea --i rrepa vab l e LANDSCAPE in su-bsta nti a I l-y-s-i m-ila r k i n -d . 23 LANDSCAPING COMPANIES: Businesses principally engaged in the sale and/or installation of LANDSCAPE materials. LARGER THAN UTILITY RUNWAY: A RUNWAY that is constructed for and intended to be used by propeller -driven aircraft of greater than twelve thousand five hundred (12,500) pounds maximum gross weight and jet -powered aircraft. LARGE SCALE SOLAR FACILITY: A facility which is used for the production of electrical energy from energy collected by the sun including solar energy collectors, power generation facilities, facilities for storing and transforming energy, other appurtenant facilities and any transmission lines, which is developed for the purpose of supplying or distributing electrical energy to users, a customer or customers and will have a rated capacity greater than thirty (30) megawatts. This designation shall not include roof and/or ground mounted solar systems located on permitted principal and accessory buildings BUILDINGS_and designed to supply power to the principle se -(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 TOWNSITE, 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. As used in this Chapter, the term LEGAL LOT shall refer to: 3} _ 4) en ce- tI he -o +n e c d; e --1 e-rt i n . rcel created s-+-bsequent to the adoption of the ordinance codified he -rein, which= nd similar requirements specifi s Code. 24 of this Code. For which -a Use by -Special Review has been--approved-in conformance with His Chapter and for which -a! k and Recorder. Be approved in conform -ance with Section 23-3 40 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): FEMA's modification of the FLOODPLAIN shown on the FIRM based on the placement of FILL outside of the existing regulatory FLOODWAY. LEVEE: A man-made STRUCTURE, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary FLOODING. 24 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 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, of 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 ex -amp -le, a An L.C.O. may include DAIRIES, feedlots and poultry and swine production facilities. 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 DEW:WPM-ENT unit, an-a-Fea with fixed boundaries, USED or intended to be JSED by one (1) BUILDING and its ACCESSORY USES, STRUCTURES and/or BUILDINGS. A Lot shall not be divided -by -any -public highway, STREET or -ALLEY. A LOT mus -ee- the req it,amen-ts- f -the zoning district in which it is located and must have aece--o--a PUBLIC STREET or an approved priv-ate 1TREET. he determination as to t -h e °J CL , ir-n-re• shaft-bethee p a ;acne r C of Pl-a-n-n-i-ng and LOT COVERAGE: The maximum percentage of a LOT'S total area that may be covered with BUILDINGS and impervious surfaces. LOWEST FLOOR: The LOWEST FLOOR of the lowest enclosed area, including any crawlspace or BASEMENT. Any floor used for living purposes which includes working, storage, sleeping, cooking, and eating or recreation, or any combination thereof. This includes any floor that could be converted to such a use, such as a BASEMENT or crawlspace. Any unfinished or FLOOD -resistant enclosure, usable solely for parking of vehicles, BUILDING access or storage in an area other than a BASEMENT area, is not considered a BUILDING'S LOWEST FLOOR; provided that such enclosure is not built so as to render the STRUCTURE in violation of the applicable non -elevation requirement of 44 CFR 60.3. LOW GROUND SUBSIDENCE HAZARD AREA: areas in whieh4-hc rate -and magnitude of any -surf -ate displacement would be small enough to warrant —re -pair of damage to existing STRUCTURES and application of adequate engines -ran de&g future S T RUC Th-RES se- -e-y c-a-n-w-i - s -t -nd small --amounts et -foundation displaceme-nt. These are areas below which all -or essential ail-p1llars have been -removed, all w ng the possibility o' relati-vely 11 -n - subsidence -to have occurred. Problems in such o s m a l Iea-iie a -r -e -as should be -reduced to post -subsidence compa-Gti-Gn -:-n d-ce-I-a-ed surface s Sets of su ultin-g from any small residurat-rx secondary voids. LUMBERYARD/WOODWORKING: An establishment where BUILDING materials are sold. LUMBERYARDS may also process lumber by performing millwork, planning, 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 AGENCYI-ES: Public Utilities PUBLIC utilities or Public Agencies PUBLIC agencies operating or constructing a mine, ELECTRIC TRANSMISSION LINES, domestic Baer DOMESTIC WATER storage facilities, POWER PLANTS, SUBSTATIONS, SEWAGE TREATMENT FACILITIES was-tewa-te --fac4 kt-i-e-s, 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. MAIDLOR THOROUGHFARE: A road e -r STREET de s-i-gr- ed, constru-ete-d and- used -as an ARTERIAL STREET, EXPRESS -WAY or F- SEE '� `, G r a s -a -f=ont -age - ARTERIAL —STREET, EXPRESSWAY or FREEWAY. MANUFACTURED HOME: A---i-ng1-e f -a -r ily dwelling -which: is pa-rtiall-y or en-tirely man-ufactured-i-n a factory; is not-4ess than --twenty-tour (24) feet in width and-thirtysix ( )-fit in length; is installed -en an- +►n -e -fired pern' Ia n--ent -fo-undation d ati on in com rn-ee- -i-f-h A -I-A225.1-1987, --Manufactured -Home L stoIIati'orat; App -n-ix C; has bric-k-w wo-cd-er cosmetic -al q aI n e i c e r4i f iS-u-r�susn14e-L he-Na-t-ea t-I--Fad-a n u fa ct u red Fl o u -s Rg-Ge-str-u c ti e -n --:.a a ntr-4-s /pct of 1974, 25 42 U.S.C. 5401, e " , m �ded . A MANUFACTURED (I G, B4-LE-)-H-0-M- !-nct-be---I G ed to deteriorate to the condition of a DER 1 I-OBiLE; HOME. A SINGLE-FAMILY DWELLING that is a preconstructed building unit or combination of building units that: a. Includes electrical, mechanical, or plumbing services that are fabricated, formed, or assembled at a location other than the residential site of the completed home; b. Is designed and USED for single-family residential occupancy in either TEMPORARY or permanent locations; c. Is constructed in compliance with the "National Manufactured Housing Construction and Safety Standards Act of 1974", 42 U.S.C. sec. 5401 et seq., as amended; d. Does not have motive power; and e. Is not licensed as a vehicle. MANUFACTURED HOME PARK OR SUBDIVISION: A parcel or contiguous parcels of land divided into two (2) or more MANUFACTURED HOME LOTS for rent or sale. MANUFACTURED STRUCTURE: Any factory -assembled STRUCTURE with or without service connections that is not a DWELLING UNIT MEAN SEA LEVEL: For purposes of this Chapter, the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988 or other datum to which BASE FLOOD ELEVATIONS shown on the COUNTY'S FLOOD INSURANCE RATE MAP are referenced. MEAT PROCESSING: Slaughtering, butchering, and/or rendering of animals. MEAT PROCESSING, CUSTOM: The slaughtering and butchering of animals in a single BUILDING not larger than 5,000 square feet of GROSS FLOOR AREA. MEDIUM SCALE SOLAR FACILITY: A facility which is used for the production of electrical energy from energy collected by the sun including solar energy collectors, power generation facilities, facilities for storing and transforming energy, other appurtenant facilities and any transmission lines under 115 kV, which is developed for the purpose of supplying or distributing electrical energy to users, a customer or customers and is located on 20 acres or more. This designation shall not include roof and/or ground mounted solar systems located on permitted principal PRINCIPAL_and a cess-o uh s ACCESSORY BUILDINGS and designed to supply power to the principle use(s) USE(S) on site. MOBILE HOME: A tra. E which as originally -b-uiI -needs--e th-ter eight-(-8-)ee-t4n width or thirty-tias originally built on a chassis and was originally des- -dams b used a a ,a-Ho-und_IDWEL l G --L 9T with or without a germane t—fou .ration. A S -1 -NQ FAMV -DWELLING which is certifieid pursuan: I II II !Ili l i -fa I !-H- ,-tng Construction and Safety Standards Act of 1974," /2 U.S.C. 540`, et sec., as amencec, but does n^ ne a�1-o-f the of r - i ns3 of-4--he-definition of MAN- FACTURED HOME, is cons'd&ed to be a MOBILE 4O -M -E. A MOBILE HO -M -E —o -r MANUFACTURED -HOME shall not be cones -led to any USE-o-thec- a -n a S I -N- -L-FAMI-L-Y D -W E L L I N -G and shall not be allowed -to -deteriorate to the condition of a DERELICT MOBILE HOME. A- - .E HOME o -r manufactured home, Glanverted or in -its original condition, shall not be used as aPI -G-R-CJ-LTU--RALLY EXEMPT BUILDING or as a- L -V DORARY S4RUCTURE -or storage. MOBILE HOME PAD: The concrete base, foot su-ppe4-f-o-r-th acem co Rc,- t e_bioc --o-r a sin -c l _ e concr 0 ghich is set on or in level soil to-p-rovide LE HOME. This base, footin-g-o-r blocking may consist of separate ed in Subsections _ 29 -2 -120 -A -through E of _ this Codes. ip or control design4-p-;r warily for the -re -r4 --o EST MOBILE HO-MmeP-ARK. An a portions of the -a -re -a as -spaces for oc 44O -BILE HOME SURDIVa-S -AHAn area pl€tte and-proGedures and des g-n-eripprarily for the sa-ac MOBILE HOB . 'o celdapted COUNTY stand -ate as pe-rmane--n-sitesite MODERA-TE GROUND SUBSIDENCE HAZARD AREA: Areas subject to MODERATE S-iaI- -EN E are -refined by potential su-rfa-oe-di-1 ion of suff-k -ent magnitude to -damage STRUCTURES -to such any e wont as to render them unsafe or unusable. The rate -of s I Ii over, is sle- -low ion of---h-e- p-robl -n nd safe, orderly - ban -, c of rf ce STRUCTURES, The -se -ace -as 26 are -characterized by previous SUB-S-I-DENCE over uncle n -i-ned area U -he -r e-p+l-I -rs-w-e-re !eft--Th-is condition produces-thepreduces-t-h-e-potential for further small-scale co} -apse and differential settlement. NEW CONSTRUCTION: STRUCTURES for which the START OF CONSTRUCTION commenced on or after August 25, 1981, and includes any subsequent improvements to such STRUCTURES. NEW MANUFACTURED HOME PARK OR SUBDIVISION: A MANUFACTURED HOME PARK OR SUBDIVISION for which the construction of facilities for servicing the LOTS on which the MANUFACTURED HOMES are to be affixed (including, at a minimum, the installation of utilities, the construction of STREETS/ROADS and either final site grading or the pouring of concrete pads) is completed on or after August 25, 1981. NONCOMMERCIAL JUNKYARD: An area where any waste, junk JUNK or used or secondhand materials are stored or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires, building materials and bottles. A NONCOMMERCIAL JUNKYARD may also include the storage or keeping of DERELICT VEHICLES registered last or currently registered under the property owner and/or tenant's name. This definition does not include COMMERCIAL VEHICLES. If the Zone district allows, the NONCOMMERCIAL JUNKYARD shall be totally ENCLOSED within a BUILDING or STRUCTURE or visually SCREENED from all ADJACENT properties and public PUBLIC rig-h-ta RIGHTS -OF -WAY 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 S-TU-CTUU-RE that does not conform to a provision or requirement of this Chapter, but was lawfully established prior to the time of its applicability. N- 'NSTRUMERUNWAY. runwa -s±t-h-at-are not ecL ipjoe-d-with electronic navigation-equipme-nt. T -c NONINSTRUMEN T RUNWAYS are the crosswind RU -N ti p ,tee RUNWAY (RUNWAY 3-21), initial a d t-h-e—p-ara-tlei NONURBAN S -CA I Developments comprised of n -ire- -oside-racial pct located in a non -urban -area as -defined in Chapter 22—of-fh-is--=Cod municipal bo-undaries or ur ec4d-ors. NONURBAN N SCALE DEVEL.OPM-E--N ine 4 land -used or cap -a e -e -f -being used far_a-g-r-icuttural purposes and including deve-l-appnent which combines clustered residential -uses and agrii-outtu-raI uses i-n —r: 3r - nds are- su1t . f or farming and ran �irn_rd p r� ions -f -or -the -next forty (410) year LEJOPMENT on PUBLIC WATER art pt- cy st - y -h- ve a minimum lot-s-ize of ore -(1-)-a �- -n-d--a-n overall density of -two and one-half (2%) acres per sepa stem. " N -URBAN SCALE DEVELOP rn �ividual, prig,at-e-wells an -G1 septic systems alt -have a r stn-i-murn lot size of two an e -half (2%) a res per lot. Thts definition does -not -affect or^ -apply to those Coordinated Plan-n-i- g Ag-reements bete- to County and-nicipalities w' 1ch are PR -effect as 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. OBSTRUCTION: Any STRUCTURE, growth or other object, including a mobile object, which exceeds a limiting HEIGHT set forth in Section 23-5-30. OFFSET: The horizontal distance between any BUILDING or STRUCTURE, as measured from the farthest projection of the BUILDING or STRUCTURE, except for window wells air conditioners, gutters, downspouts, or fences, and a LOT line, other than a STREET/ROAD ci-g-h-taof-way RIGHT-OF-WAY line. For the purposes of enforcing OFFSETS only, ALLEYS shall not be considered STREETS/ROADS. OFF -SITE DIRECTIONAL: Signs situated on premises other than those upon which the goods, services or functions being advertised are located, and giving guidance as to where, how distant and the type of or 27 goods, services or functions which may be obtained. Such SIGNS shall relate only to a service or product primarily available for the highway user (such as restaurants, lodging, gas, repairs or entertainment) and available within one (1) mile of a highway exit or in a community through which the highway passes. OIL AND GAS LOCATION: Shall mean the definable area(s) where an operator has disturbed or intends to disturb the land surface in order to locate an OIL AND GAS FACILITY for the purposes of obtaining a Weld Oil and Gas Location Assessment (WOGLA), pursuant to Division 10 of the --Code Article II of this Chapter. yN � J L 11 tom`., Len 9 ce— ra -ess fe `R-=-3 9 Zone Applicatio 14 -144 UBR * R2 R5 Cl C2 -U-BR U B R `U-gR UBR U B R Ib 44 1 }jPUDIA R .0 -BR ; U_L. ,.R U B R NJ -B -k t U B R * 1 * * g ith a Wetd-Gil and Gas Location A-s-s1mont-(WQGLA) OIL AND GAS SUPPORT AND SERVICE: Location and operation bases for businesses whose primary activity includes the following kinds of USES: a. Parking and maintenance of exploration, production or workover equipment. c. Equipment and storage yards for cea- STREET/ROAD and pipeline construction contractors, and production unit set-up and maintenance contractors. a Parking and maintenance for tank and water service companies. d. Storage and rental yards for pipe and production equipment. e. Field OFFICES USED by production -related records and maintenance personnel. f. Disposal and recycling sites for production waste (except production water disposed through either SECONDARY RECOVERY or deep well disposal methods and the mode of transport to such injection wells is exclusively via pipeline from the source and no on -site storage occurs), except businesses whose activities are primarily manufacturing and fabricating or whose use is primarily for general company OFFICES used by other than company officials. g. Oil and gas process -in -ell PROCESSING facilities and related equipment, including, but not limited to, compressors associated with gas processing PROCESSING or which compress gas to enter a pipeline for transport to market. h. Midstream activities including the p -rose -s -sine- PROCESSING, storing, transporting and marketing of oil, natural gas and natural gas liquids. ORGANIC FERTILIZER PRODUCTION/COMPOSTING FACILITY: Facilities where animal manure and other biodegradable materials are brought from other properties for composting. This definition shall not include composting of materials produced solely on -site and meeting exemptions from Class I, II, III compost facilities defined under the Solid Waste Regulations. OUTDOOR STORAGE: The outdoor placement or leaving of goods for future use, preservation or disposal, or the renting of space for storage of RECREATIONAL VEHICLES, boats, and camper trailers and as€ i e- v -EerJdSES such as the sales, rental, distribution orwhetesa sae of prodL s, srupp-I-iss andlor equipment 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 DISTRICT. zones the OVERLAY ZONING DISTRICT(S) and the UNDERLYING ZONING OUTLOT: A LOT shown on a land survey plat recorded in the Office of the Weld County Clerk and Recorder that is described or referred to on the plat as "OUTLOT " and may be limited to certain USES described on the plat. OUTLOTS are not eligible for the issuance of building permits to construct residential STRUCTURES or STRUCTURES not otherwise authorized on the plat. 28 PARKING LOT: An area used for t - os -of TEMPORARY temporary, daily or overnight storage of vehicles, including drive aisles between the parking spaces, which is not located in a dedicated publio r. ht -of way PUBLIC RIGHT-OF-WAY, a travel lane, a service drive or any easement for PUBLIC ingress or egress. PENNANT: Any lightweight plastic, fabric or other material, whether or not containing a message of any kind, suspended from a rope, wire or string, usually in series, designed to move in the wind. PET CREMATORY: A business or nonprofit agency engaging in the incineration of deceased HOUSEHOLD PETS. 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 !PEI IN -R- pipeline sixteen (16) inches in diameter or larger and appurtenant components thereof (such as valves or pump stations) designed for transporting DOMESTIC WATER in such PIPELINE pipeline and extending to locations outside of Weld County, excluding: a. PIPELINES Pipelines that transport or will transport DOMESTIC WATER to one or more municipalities, the boundaries or populations of which were, on September 1, 2016, located primarily within the COUNTY. b. PIPELINES Pipelines owned or to be owned by one or more municipalities, the boundaries or populations of which were, on September 1, 2016, located primarily within the COUNTY, which transport or will transport DOMESTIC WATER for use in an adjacent county consistent with individual water tap or other agreements. c. PIPELINES Pipelines that are part of an irrigation ditch, canal, reservoir, or well system that transport less than fifty percent (50%) of the system's total water as DOMESTIC WATER. 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. 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 i s: 1. Two hundred fifty (250) feet for VISUAL RUNWAYS. 2. 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 Me -bite Horne MANUFACTURED HOME to be used as an TEMPORARY annual ACCESSORY Farm use FARMING USE, or for activities and USES as a Use by Special Review. The -U -S -E --of the MOBILE HOME ;ha -1 -I- be s:u- s- -R i-a-te-d- by verification of employment nece` saration of the site when HOME is located. Such verification shall consist -of tax records, eor other documentation as determined suitable by the Department of Plan -ping Services. Such verification shall substantiate the need for the employee and on USE 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. 29 PUBLIC WATER: A central water supply system provided through a municipality, water district, water company or association for supplying water for household uses USES which is designed to meet the minimum requirements of the Safe Drinking Water Act (SDWA), 42 U.S.C. §300f. PUBLIC WATER includes a central water supply system providing water from one or more wells to all tots LOTS in a residential development DEVELOPMENT through a single connected system of pipes and facilities, and which meets the requirements of Section 24-7-80.B. PUD (PLANNED UNIT DEVELOPMENT-): A zoning district which includes an area of land, controlled by one (1) or more landowners, to be developed under unified control or unified plan of DEVELOPMENT for a number of DWELLING snits UNITS, COMMERCIAL, educational, recreational, or industria USES, or any combination of the foregoing, the plan for which may not correspond in of LOT size, bulk or type of USE, density, LOT coverage COVERAGE, open space or other restriction to the existing land use regulations. A PUD is created in accordance with Chapter 27 of this Code. I, or other QUALIFIED GROUND WATER SCIENTIST A scien:is: r-engin e_r ho has received baccalaureate ov-oost-graduate degree in the natural sciences or engineering and has sufficien4-4ca1-n-ing-an-d experience in ground v ester hydrology and rel Cowl fields a m y be d ted- t fe-registration, professional certifications, professional experience or comp,etion of accre individual to make sound professional dg nts regarding grr, transport, and corrective action. RACING FACILITIES: An establishment where animal, motorized vehicle, or bicycle races are conducted outdoors, including ACCESSORY BUILDINGS or USES, such as spectator seating, food vendors, and parking, but excluding facilities on PUBLIC SCHOOL property, tracks exclusively for pedestrians, and facilities not open to the public. REAL ESTATE PROMOTION SIGN: A TEMPORARY SIGN, located on -premises or off -premises, that identifies dwellings or other STRUCTURES under construction or to be constructed. This is a type of TEMPORARY SIGN that can otherwise exceed TEMPORARY SIGN standards as indicated in Appendix 23-D. On -premises SIGNS advertising SUBDIVISION construction shall not be displayed after all LOTS or dwellings in the SUBDIVISION have been sold. Off -premises SIGNS advertising SUBDIVISION construction shall not be displayed prior to the date of official recording of the SUBDIVISION, and shall be removed within two (2) years from the date of the issuance of the first building permit in the project or within thirty (30) days from the time seventy-five (75) percent of the LOTS or dwellings in the SUBDIVISION have been sold, whichever time period is the least. SIGNS advertising site construction may be displayed during the period of construction and shall be removed upon issuance of a certificate of occupancy or final inspection, whichever occurs first. RECREATIONAL FACILITIES: The following classes of recreational facilities have the following meanings: a. PUBLIC RECREATIONAL FACILITIES: PUBLIC parks, zoos, swimming pools, golf courses and other such facilities owned or operated by or under the direction of a government agency or a nonprofit corporation. b. PRIVATE RECREATIONAL FACILITIES: Includes golf courses, tennis courts, swimming pools, country clubs and RECREATIONAL FACILITIES for fraternal organizations, all of which are owned and operated by either nonprofit organizations with a limited membership or by private persons who own the facilities and are the only users of them. 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 p rnn � � � a- ester s rr commercial enterprise, and WATER SKIING operated on a commercial COMMERCIAL 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, designed to be used as a dwelling —for travel, recreation or vacation USES. which is: a. Built on a single chassis; b. Four hundred (400) square feet or less when measured at the largest horizontal projection; c. Designed to be self-propelled or permanently towable by a light -duty truck; and 30 vehicles. 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 Cede, a RECREATIONAL VEHICLE shall be sula eeGt-to all rI.. • z-- ,c, restrictions for MOBILE HOMES as provided in this— h -c.r when its *cement is intended for non -transient cesideney- A RECREATIONAL VEHICLE shall not be used USED for TEMPORARY Storage, TEMPORARY ACCESSORY Farm 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 i a -tip COMPLETE APPLICATION given to a agency for review of a case. The referral REFERRAL information may contain only portions or elements of the COMPLETE APPLICATION. REFERRAL referral RESIDENTIAL SIGN: Any SIGN located in a district zoned for residential uses that contains no commercial message except advertising for goods or services legally offered on the premises where the SIGN is located, if offering such service at such location conforms with all requirements of this Code. RESIDENTIAL THERAPEUTIC CENTER: A DWELLING UNIT which is not specifically designated as a GROUP HOME FACILITY and which provides a community living environment for individuals requiring custodial care, medical treatment or specialized social services. This definition includes any number of people who live together who lack the ability to live independently, or who have been ordered into the facility by a court of competent jurisdiction, and who require the support, supervision and care of adults who may not be related. The definition includes, but is not limited to, the following: specialized group child care home, facility or center; residential child care facility; residential treatment facility; shelters for the homeless; shelters from domestic violence; residential facilities for those living together as a result of criminal offenses; and homes for individuals that are HIV positive or afflicted with the AIDS Virus. This definition does not include correctional facilities CORRECTIONAL FACILITIES. RESTAURANT: An establishment that furnishes, for compensation, food and drinks of any kind for consumption primarily therein. A TEMPORARY snack bar or refreshment stand at a public PUBLIC or nonprofit RECREATIONAL FACILITY and for the convenience of patrons of the facility shall not be deemed to be a RESTAURANT RESTAURANT, DRIVE-IN: Ai es _ab s n ne rt _launsies, s ees, fo primarily off the promises or which delivers food and drink to customers in their RETAIL/SERVICE ESTABLISHMENT: Includes a variety of businesses engaging in COMMERCIAL sales, rentals, and services, but excluding ADULT BUSINESS, SERVICE or ENTERTAINMENT ESTABLISHMENTS, BREW PUBS, CHILD CARE CENTERS, LUMBERYARDS, NIGHTCLUB, BAR, LOUNGE or TAVERN, REPAIR SERVICE ESTABLISHMENTS, RESTAURANTS, VEHICLE SERVICE/REPAIR ESTABLISHMENTS, and VEHICLE RENTAL AND SALES ESTABLISHMENTS. REVERSE that isnetaccessi-b-i n -o n -in to rsect i ng street--u-pen-w-h-ieti-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, -a-n- kin off, of airc-ra-ft hase of lots or homas in a subdivision/development to be accesse p-b-flc. SALES TRAILERS shall comp -1 -with requirements set forth in this Chapter, RA RY time - 31 z-ntn R TSAQ and OF SE- S, and shat! -be installed in asoordance 4t -h the e ui-ifewisn-ts s -et _ forth in Gr a -te-2 9--ef this C-G4e-a d ad -here -to the zo n i-n-g-permit re -q ui- c , nts of S adn 2 3-.. _ 19-0- f Re Code. All I--E� - R A I - E -R S s h a I kdem nor- .-t-e4'twa 4e r .a-newage disposal faci-I ifir- a- F, v -a i� m bep-04; - E to--e-t (rte s SCHOOL: Includes any one (1) or more of the following categories: a PUBLIC SCHOOL 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. (which may SECONDARY RECOVERY: A technique of recovering additional crude from a mineralized zone by injecting steam, water and similar methods a n -a; to force more of the crude to a production well. SEMI -TRAILER: Any s- -sfr4 i fleet-i-on---42-1-1— (. , C. .S., mea & 81ny 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 highways and coeds STREETS/ROADS. SETBACK: The horizontal distance between any BUILDING or STRUCTURE, as measured from the farthest projection of the BUILDING or STRUCTURE, except for window wells, air conditioners, gutters, of downspouts, or fences, and the established PUBLIC or private STREET/ROAD RIGHT-OF-WAY c=i-q-h-t=G way line other than that of an ALLEY. If the abutting PUBLIC STREET/ROAD is designated to-beag a e tera higher class-jfcati-an-as-cianed by the Transportation Plan Re-s-i- urr ad oL-a!-r5 ht-of4p ny adopted in Chapter 8 of this Code as a collector or arterial STREET/ROAD, then the SETBACK shall be measured from the future -; 4-G -way RIGHT-OF-WAY line. The future 4g404 -of -way RIGHT-OF-WAY line ;sue -s-wed p ICI /`"' 0. 1 4 r of ^ � � _ ' r F r �i =ia--' he-ee,n-ter the- e d-) i s determined by dividing the needed rig-lh-t-of � �s-d f -Red minimum required RIGHT-OF-WAY width in half and measuring from the center of the STREET/ROAD. The minimum required RIGHT-OF-WAY width is found in Section 8-8-10 of this Code. D- o wing i fist of the right -of -AA -If -ay needed for roa --al-e-sjen-a4i as of ped3 in, T-Fansportatien Plan. R a ssi-fications an p i le t -o a ments aye oc nc�- �,o-te-� ll, C € of this Code, a ip€ - �_�T ;I -A L C`r r= tt1 - threes-hundredk - 4 spay: � a n c s,-�, .,tea=,:.�--��„ -�-,� ��--� � .� � b. P r i n- -)—AR , R�l-A-L-- s3Le----erne h u n d S�ft-Get right-of-wayh- c. -i-n-o-r TE L - -u-r -re oet one h u nor Ae d. County A - one hundred -foot right of-wa-y.- e. Coun4-y CQtU _ ! ToR - eighty -foot right -of a Cou-nty L OCN ef way. Tut .r: fine PUBLIC '° SEVERE G QUID S DD E - wh-i-oM--•th-e g -f -s f s-& i de n- P, 5-61-04 -=i a i l -u -re of RU I L D I N G found -a, o n€, _ r d, flay. g s--mah s --and s i m42f `� e - a J yia F -o -r , f -e-2' ra c may end e&r the Wes of -persons i- -im -Redir _ L 4 m. � Fib "iel la ��tl u r �� »o. k�Jr ) --h 4�+ ks4 .� _ , .�� : 4�• aJ , u~ �. Y �C E .d 4 Y 1- ,i 9 . i ," c Fe a -s-. _ s� � 'r..-. e /"d -V�'��.�`u�u U"��f Such h a a �+ r�ia � ��u � ��' i�•"�'�,. � d u e' nce-of void space, or pillars could induce a[m dfl ction of str GtLUPe a -8r he surface. -thy absence of evidence of su-rface subsidence c -of d e c•o`ns-e-d erne with eq u a I l- -ter- -I-me -e-,- 1- Fap-id- SHOOTING RANGE - INDOOR: A facility designed or used for shooting at targets with rifles, pistols or shotguns and which is completely enclosed ENCLOSED within a f,_: -y ti.` - BUILDING or sr -u- � r:�e STRUCTURE. SHOOTING RANGE - OUTDOOR : The use of land for archery and/or the discharging of firearms for the purpose of target practice, skeet or trap shooting or temporary competition, such as turkey shoots. Excluded from this use type shall be general HUNTING and unstructured and nonrecurring discharging of firearms on private property with the property owner's permission. SIGN: Any object, device, display, structure STRUCTURE or part thereof, situated outdoors or indoors, and used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means. A SIGN is any writing (including any combination of a letter, word or number), pictorial representation (including illustration, figures, design, 32 colors, symbols or declaration), product, form (including shapes resembling any human, animal or product design that conveys a recognizable meaning, identity or distinction) or any part thereof, or is written, painted, projected upon, illuminated, printed, designed into, constructed or otherwise placed on or near a �1�Id�ng BUILDING, board, plate or upon any material object or device whatsoever, which by reason of its form, location, manner of display, color, working, stereotyped design or otherwise attracts or is designed to attract attention to the subject or to the premises upon which it is situated, or is used as a means of identification, advertisement or announcement. SIGN, FLUSH WALL: Any €4O( SIGN attached to, painted on or erected against the wall of a in such a manner that the 8i2j-n SIGN face is parallel to the plane of the wall and is wholly supported by the wall. Banners, canvas or any other similar material may be used for this type of si-g-rt SIGN only if the material is securely attached directly to the building BUILDING fascia or to a rigid sign SIGN structure STRUCTURE in a manner which prevents the material from flapping, waving or otherwise moving. SITE SPECIFIC DEVELOPMENT PLAN: A Use by Special Review (including OPEN MINING and MAJOR FACILITIES OF A PUBLIC UTILITY OR PUBLIC AGENCY), PLANNED UNIT DEVELOPMENT Final Plan, SUBDIVISION final plat, resubdivision or minor SUBDIVISION application which has been submitted to the County and receives approval or conditional approval by the Board of County Commissioners, or by the Planning Commission in the case of MAJOR FACILITIES OF A PUBLIC UTILITY OR PUBLIC AGENCY. No other type of land use application shall be considered a SITE SPECIFIC DEVELOPMENT PLAN. BUILDING SMALL SCALE SOLAR FACILITY: A facility which is used for the production of electrical energy from energy collected by the sun including solar energy collectors, power generation facilities, facilities for storing and transforming energy, other appurtenant facilities and any transmission lines under 115 kV, which is developed for the purpose of supplying or distributing electrical energy to users, a customer or customers and will be located on less than 20 acres. This designation shall not include roof and/or ground mounted solar systems located on permitted principal and accessory u-i-Lt-r+ BUILDING and designed to supply power to the principle -e USE(S) on site. SPECIAL FLOOD HAZARD AREA: As defined-i-tion 23-11-310 of this Code. The land in the FLOODPLAIN within the COUNTY subject to a one -percent or greater chance of FLOODING in any given year. The area may be designated as Zone Al AE, AH, AO or A1 -A99 on the FIRM or FHBM. SPECIAL FLOOD HAZARD AREAS are periodically amended by FEMA via a LETTER OF MAP CHANGE. The designated SPECIAL FLOOD HAZARD ZONE AREAS are as follows: a. Zone A (Approximate Floodplain) is a SPECIAL FLOOD HAZARD AREA where BASE FLOOD ELEVATIONS and FLOOD HAZARD factors have not been determined by FEMA. b. Zone AH is a SPECIAL FLOOD HAZARD AREA where shallow FLOODING occurs and depths are between one (1) and three (3) feet and BASE FLOOD ELEVATIONS are shown but no FLOOD HAZARD factors have been determined by FEMA. c. Zone AO is a SPECIAL FLOOD HAZARD AREA where shallow FLOODING occurs and flood depths are between one (1) and three (3) feet with the average depth of FLOODING shown but no FLOOD HAZARD factors have been determined by FEMA. d. Zones AE and A1 -A30 are SPECIAL FLOOD HAZARD AREAS where BASE FLOOD ELEVATIONS and FLOOD HAZARD factors have been determined by FEMA. e. Zone B and Zone X (shaded) are SPECIAL FLOOD HAZARD AREAS that are between the limits of the 100 -YEAR and the 500 -YEAR FLOODS. f. Zone C and Zone X (unshaded) are SPECIAL FLOOD HAZARD AREAS that are at minimal risk of FLOODING. START OF CONSTRUCTION (pertaining to BUILDINGS or STRUCTURES): The date the building permit was issued, including building permits for SUBSTANTIAL IMPROVEMENTS, provided that the actual START OF CONSTRUCTION, repair, reconstruction placement or other improvement was within one hundred eighty (180) days of the permit date. The actual start means the first placement of permanent construction of a STRUCTURE on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns or any work beyond the stage of excavation; or the placement of a MANUFACTURED HOME on a foundation. Permanent construction does not include land preparation, such as clearing, grading and FILLING; nor does it include the installation of STREETS/ROAD and/or 33 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. S TREET/ROAD: A strip of land intended for vehicular USE and providing principal means of access to LOTS. For the purpose of this Ch t-er, STREETS sly -all be classifi -ann ,efin- -d-as follows: a. FREEWAY: A major regional "��, inch,rirg--i-n-ferstate highway, de&-gned to carry very large -l-umes of vehicular traf is , tth f III r ontr�-on ol of -ac s n �e-� ,nom -grade-separated. �r ter✓ r —`a �� a b. EXPRESSWAY Similar to -a FREEWAexcept that all intersections need not begradesepara-te , c. AR-TERIAL: A STREET designed a y i-gl--i-v-alumes of vehicular -traffic o sr-lit-stan-ces in a direct manner. d. COLLECTOR: A STREET desig-ned to collect or distribute • n-div-i ual residential or nonresidential F -RE E1.! SAY. Li7C STREET designed to carry veiicul-a--r t .a � COLLECTOR. wlioh-is used--p-Fimarily for vehicular service access to the rear or side LOTS otherwise a -b ing--on-a ST -FEET. g. FRONTAGE ROAD: A -ST rid ADJACENT to an ARTERIAL, EXPRESSWAY or FREEWAY Bch proviass access to ADJACENT LOTS so that each- ADJACENT LOT will not have direct _ access to the ARER AL, EXPRESSWAY or FREEWAY. r S TRUCTURE: Anything that is built, constructed or erected, an edifice or e-u,1-lding BUILDING of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner, but not including poles, lines, cables or distribution facilities of eu-blo PUBLIC utilities. The term includes an object, including a mobile object, constructed or installed by man, including but without limitation, BUILDINGS, towers, cranes, smokestacks, earth formations, overhead ELECTRIC TRANSMISSION LINES, and gas or storage tanks that are principally aboveground. S TRUCTURE; TEMPORARY: Anything constructed in sush-a a manner that i3t would- mmonly be -- at -iv -airy short useful -life -or is built for a otyLp-o-se-t: at would c -e -m , ;o e. 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: 1. Recorded in the office of the Weld County Clerk and Recorder between September 20, 1961, and December 10, 1992, and meeting the definition of "subdivision" of the Official Subdivision Regulations, Weld County, Colorado, as amended (referred to as the "Weld County Subdivision Regulations"); 2. 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 3. 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. S UBSTANTIAL DAMAGE: Damage of any origin sustained by a STRUCTURE whereby the cost of restoring the STRUCTURE to its before -damaged condition would equal or exceed fifty (50) percent of the market value of the STRUCTURE just prior to when the damage occurred. SUBSTANTIAL IMPROVEMENT: Any repair, reconstruction or improvement of a STRUCTURE, the cost of which equals or exceeds fifty (50) percent of the market value of the STRUCTURE before the START OF CONSTRUCTION of the improvement. This includes STRUCTURES which have incurred SUBSTANTIAL DAMAGE, regardless of the actual repair work performed. The term does not, however, include either: 34 Any project for improvement of a STRUCTURE to comply with existing state or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions; or b. Any alteration of a HISTORIC STRUCTURE, provided that the alteration will not preclude the STRUCTURE'S continued designation as a HISTORIC STRUCTURE. SUITABLE SOIL: A so w i'c i! -e fe�five�y= iI r-ef e by re val of or n; � d °�� d se -lids before the effluent reaches any highly permea-b-le—earth such as joints i-n-bedrock, gravel or very parse soils and whici ias Derco ation rates s ower than five (5) rn;-and has a ver4iea-1 five (5) feet beneath the p lc. line o-n-e-i#e and the t -e -p h e high g-ro u ncdwa e r b-l-e- SUPERELEV'ATION: The rain-ed-p normal cro prevelt-Ea-vehicle from -sliding outward or co u n-ter-ae ng-aA-4h e centrifugal-frJ rGe-of-a--: e h isle tr v-e-I-i-n-g--at-an assumed —speed, SUSPENDED SIGN: A SIGN that is suspended from the underside of a horizontal plane surface and is supported by such surface. Considered a type of BUILDING SIGN. TELECOMMUNICATION ANTENNA: An exterior transmitting or receiving device used in telecommunications that radiates or captures telecommunication signals. TELECOMMUNICATION ANTENNA, ATTACHED: An antenna mounted on an existing BUILDING, silo, smokestack, water tower, utility or power pole or a support STRUCTURE other than a TELECOMMUNICATION ANTENNA TOWER. TELECOMMUNICATION ANTENNA, CONCEALED: An antenna with a support STRUCTURE that screens or camouflages the presence of antennas and/or TELECOMMUNICATION ANTENNA TOWERS from public view in a manner appropriate to the site's context and surrounding environment. Examples of concealed antennas include man-made trees, clock towers, flagpoles, light STRUCTURES, steeples and similar objects. TELECOMMUNICATION ANTENNA SETBACK: The distance between a property line and the footprint of the antenna STRUCTURE, including antennas, reflectors, dishes and other appurtenances. TELECOMMUNICATION ANTENNA TOWER: Any STRUCTURE that is designed and constructed primarily for the purpose of supporting one (1) or more antennas, including camouflaged, lattice, guy or monopole TELECOMMUNICATION ANTENNA TOWERS. This includes radio and television transmission, microwave, and common -carrier, personal communications service (PCS), cellular telephone, and/or alternative TELECOMMUNICATION ANTENNA TOWERS, and the like. This definition does not include any STRUCTURE erected solely 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: fir-,- n -six Six (6) months or less TEMPORARY SIGN: Construction SIGNS which identify the contractors working on a project on the site and "for sale" or "for rent" SIGNS indicating that the property or residence is for sale or rent. Construction SIGNS, "for sale" and "for rent" SIGNS shall be removed upon completion of the project or when the property is sold or rented. TEMPORARY STRUCTURE: Anything constructed in such a manner that it would commonly be expected to have relatively shod useful life or is built for a purpose that would commonly be expected to be relatively short-term. 35 T - _ R, DRIVE-IN: An area —an -dated STRUCTURES used for the showing o -eti o n pictures outdoors. RESHOThat irnaginarigine on the R-U-NWAY pe-pe-nd-ieular RUNWAY centerline which -a a s the u sefu- Thef the RUNWAY. The th res-hc;-d-o-I-I-R-t.. A YS is the- p -h y a l---e-n-d-of that pa rticu-I-a-r -R: U-NWAY, ' I the exce-pt. N W —9-2-7 which has i-ts d i sptac 0 -)-feet west of -the physical eRd-: TRAINING FACILITY: A facility in which domestic animals owned by the property owner are trained. TRANSITIONAL SURFACES: These surfaces extend outward at ninety -degree angles to the RUNWAY centerline and the RUNWAY centerline extended at a slope of seven (7) feet horizontally for each one (1) foot vertically from the sides of the PRIMARY and APPROACH SURFACES to where they intersect the HORIZONTAL and CONICAL SURFACES. TRANSITIONAL SURFACES for those portions of the precision APPROACH SURFACES, which project through and beyond the limits of the CONICAL SURFACE, extend a distance of five thousand (5,000) feet measured horizontally from the edge of the APPROACH SURFACE and at ninety -degree angles to the extended RUNWAY centerline. TRANSITIONAL ZONE: The area described as TRANSITIONAL ZONE in Section 23-5-20. TRANSLOADING: A process of transferring a Commodity from one (1) mode of Transportation to another whose primary activity includes the following kinds of USES: a. Rail and truck transloading of commodities and materials, including, without limitation, those for the agricultural and oil and gas industries, and including but not limited to grains, petroleum products, sand, pipe and indoor storage related to the same. or LIVESTOCK not HOUSEHOLD PETS TRAVEL 1-4Z/W: I -at-pertian of -the roadway for m -o -of _ ___hid-sJ—oxcIusiv e of shoulders and auxiliary lanes - TREE: Any object of natural growth. TRUCK WASHOUT FACILITIES, COMMERCIAL: An establishment providing COMMERCIAL cleaning of trucks and SEMI -TRAILERS. URBA- -G , D -OR: An area delineated in a 1pt-e-d--Qo -4y Compre-h accordance wi - -a- -Policies-nd-G •dsI• s�, trepaied ,sk suant to Section 22-2-110, within which urban ev&opmentencourage° by delineation of the area, corn+catible ns in a local corn-prehens-i e plan, and acts-i-d w4h—u b nde-veAGp-m- nt - d-iscouraged. An urban- g� --a a usuagy-de:ftnes the limit rwthici-w-hich the fuurban I d services wifi be provided. The purp-ose-i-s-to re - 9 e d- b : efelopment e 4 i n g urban areas so as to ensure eff ici e p4uu-t: -i-z-at io n o -f -Fa n d resou-rc-:es-an d u rba -r-v-i add` tel stHppa4 hat urban- -r-�h- URBANIZING: An area within one -quarter (�/�) mile from municipal boundaries, as amended. U1 _ -DE- A�M-E14-PDEVELOPMENT- S-excee{d-il- nine -(9) lots and/or Locat- don-cdo-ee i t r° y zo-e14s##- --ICU Ds, sub -di -IA -al -an s A-1-1a-l11c-; SCALE D -E L O P M -E N -U-R1NSCo DE P -ME ST require-sueort sarv-icy.s such ntral-water, sewer system -s, road n eat o -r -p -r;-a-n-d-r-eor-eattion faci-I ies—and,-- g Ala r s, add -r n--&-aina-g-e. This definition does not affect o r apply to those Coord-i _ n--te-d- n Rg ree m e n is bete -the County and r n-i e-fFect as of May -14;2001 - 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: Ru-brie PUBLIC utility mains, lines, gas regulator stations, PUBLIC lift or pumping stations for domes• i-c� w a4er PUBLIC WATER and sanitary sewer PUBLIC SEWER service, and a�--c--es-s-orb° ACCESSORY STRUCTURES where no PUBLIC office OFFICE, repair or storage facilities are operated or maintained. th corm-rs and--• -� , Sri -ems he internal road sy kerns -r he D-EV -LOP,VIE-N-T 36 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 SALES ESTABLISHMENT Any USE of property for the sale of vehicles such as automobiles, motorcycles, trucks, trailers, RECREATIONAL VEHICLES, I-' , a;LE MANUFACTURED HOMES, boats, farm machinery, construction equipment and other heavy rolling stock. VEHICLE SERVICE/REPAIR ESTABLISHMENT: Any USE of property whereon vehicles such as automobiles, motorcycles, trucks, trailers, RECREATIONAL VEHICLES, HOMES, boats, farm machinery, construction equipment and other rolling stock are serviced and repaired, including body work, welding and painting. VESTED PROPERTY RIGHT The right to undertake and complete the DEVELOPMENT and USE of property under the terms and conditions of a SITE -SPECIFIC DEVELOPMENT PLAN. VIOLATION: The failure of a STRUCTURE or other DEVELOPMENT to be fully compliant with this Chapter. VISUAL RUNWAY: A RUNWAY intended solely for the operation of aircraft using visual approach procedures. WALL SIGN: Any SIGN attached parallel to, but within six (6) inches of, a wall, painted on the wall surface of or erected and confined within the limits of an outside wall of any BUILDING or STRUCTURE which is supported by such wall, BUILDING or STRUCTURE, and which displays only one (1) SIGN surface. Considered a type of BUILDING SIGN. WATERCOURSE: A -s -d- fined in Section 23 11 31 -0 --of, this Code. A natural or artificial channel through which stormwater or FLOOD water can flow, either regularly or infrequently. WATER SURFACE ELEVATION: The height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988 or other datum, where specified, of FLOODS of various magnitudes and frequencies in the FLOODPLAINS or riverine areas. WATERTIGHT: Impermeable to the passage of water and capable of resisting the hydrostatic and hydrodynamic loads and the effects of buoyancy during a BASE FLOOD. -WIND TURBINE: A rn a chi -n -e o r -m ach i nes that convert -the kinetic -energy in t -h -e- NM -n -i n toaa _ bI e orrn (commonly known asp "wi-nd turbine- "-r "wind ill nergy conversion system includes -al -I parts of -the system except flee -tower- an -d tray smissionce-quipment, exclud �� ; �e fo i to use. Permit;:ed through a USR-i-n all districts. 1041--pe-rm-it-app-only-if-of-state-wide concern. A wind -turbine aftwindmill generakn — -V of energy or less, associated -with--, -fa-rm or ranch operator and -l-es-s-t-h-amen y _ (- - e -h gig Eit ev- id ed a --private n on come rci-a-I -ma e T -Rot subject to the U-S-Rt-a, l i cation process. WINDOW SIGN: Any SIGN, picture, symbol or combination thereof, designed to communicate information about an activity, business, commodity, event, sale or service that is placed inside a window or upon the window panes or glass and is visible from the exterior of the window. M-OB!LE MANUFACTURED WINERY: Any establishment licensed pursuant to the provisions of Title 1-2 44, Article 4-7 3, C.R.S., where vinous liquors are manufactured; except a vintner's restaurant licensed pursuant to Section 12-47-- 4120 44-3-422, C.R.S. "Vinous liquors" are defined in C.R.S. Section 44-3-103(59). include wi-n.o and fortified f 4n e s that c0-n-tatn-Rot'-e 8 -n one -half -of one percent (0.5%) and -not more -tea-an twenty -one --percent (21%) alcohol by vo l u rne-a n4srh-a-l-1 be -eons -trued -to mean a -n -a -1 -hoI beverage obtained by e menta-tiom of-the-na u- -I-s g cont-fl-of-fruits or ether a g-ricaltu r-ar ducts ce n t a i pa n --g s -u -g a r - YARD: The area of a LOT, between a LOT LINE line and the required SETBACK. ZONE LOT: A parcel or parcels of land in single ownership with a single USE or multiple USES within the same STRUCTURE. 37 ARTICLE II - Procedures a n d P rmits Division Ii - Amendments to Zoning Map Sec. 23-2-10. - Amendment procedures. A. The Board of County Commissioners may amend the Official Zoning Map of Weld County. All requests for such changes of zone must be reviewed by the Planning Commission, whose recommendation shall be sent to and considered by the Board of County Commissioners. Such amendments shall be made in compliance with state statutes and with COUNTY procedures and regulations as established herein B. In addition to the Board of County Commissioners, only one 'fin g-Ce--e--ter the fee owner of a LEGAL LOT or a LOT of at least thirty-five (3 5) acres -p-tzo rf-y per c- -At-n4e-g-a4--i-n-tee-s-t--i-4-a 9r _ ?z rt- J-i_n ne unincorporated r- a -G he COUNTY -7 may request amendment of the Official Zoning Map of the COUNTY (a Change of Zone) for said property. C. Any person filing an application for a Change of Zone is required to comply with the appropriate procedures and regulations as stated in this Section; provided, however, that when the Planning Ge-mmssion ar 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 P p : - Comm,-Son---o-r- Board of County Commissioners shall only be required to meet the applicable requirements of Seotk n -23-2-3-0-f-or Planning Commission anod-Section 23-2-40 fe-r-the Boa— Commis-sic-Re-mt. The -cam) °-e c aoplicatiarvetind application frcleabe sub ed-o4he �Depa tmentom'e ms H -ices. Sec. 23-2-20. - Duties of Department of Planning Services. B. Upon determination that the application submittal is complete, the Department of Planning Services shall 1 Refer the application to the follw-i applicable agencies listed in Appendix 23-G, as determined bye the Department of Planning Services, wpren apply olana-comment. far review acomment. The e i named s -al r v s cp o n c: w i a --i`n t Yi1Y'e t 1 i c i t (28-) d�. -s-"�.af t'v t-4in Q 9`l'i a I 1 ((l 6�. �_ i1 j-trie `aiNT-Y. The failure of any agency to respond within twenty-eight (28) days may be deemed to be a favorable response te-tsrn-e-P a-n-g-C-ol miss The reviews and comments solicited by the ,y COUNTY are intended to provide the COUNTY with information about the proposed Change of Zone. The Planning Commission and Board of County Commissioners may consider all such reviews and comments and may solicit additional information if such information is deemed necessary. The reviews and comments submitted by a ri%frat-T-24 REFERRAL agency are recommendations to the COUNTY. The authority for making the decision to approve or deny the request for Change of Zone rests with the Board of County Commissioners. 1 -pia -n-in body- r- , town and cost-P4y-whose-bound es aPe 1 fithin-a _ tl ree e 4:24ius-of s -of th rce l u n der-c-oL s dreg a-tion for a- r-iage-e- Z_ene7 b. The planning corrrnission oany city or town-th-a-t-h-as-inG1-61-d-e-d-the-p-a-PG-el in —its 1 -ASTER PLAN area or-l-ntergo rnmental Agreement c. Department of Public 1 cal-fh- a -p J Ens ironrnent. the engine-r-i•-n--asoects died' al %Jf e t L f 11 Ri2PJRt. Geolog v- a -l— u-r-ve-y- 38 g Col-ar-ado H-i or-icaI Soo1ety. h. Colorado -Department of Tran-s-partation, i. Colorado Wa- e—pConserv-ation Board. j. U.S. Army Corps of En- -i- eers- k. U.S. Soft-Cen wa4ion Se -Moe. U.S. Forest --e ; ce- m. U.S. Bureau of Land -N peg- men - n . Any I; rig afi n- i4c h -co-► , pa-n-y--wi -h4t-ies---o-n or A D 14= Gon-sideratio-n a-rcel under a y -ether agencies or-i-ndividuals whose review th-e-D-epartment of Planning Services, Plan-n-ing Commission or Board of County Commissioner-s-deems-c-essary. 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 the Comprehensive Plan or MASTER PLAN of affected municipalities, Intergovernmental Agreements, 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 Con -t. • i ioners public hearing may—ai e s -and- e-- en legal notice and posting, co n cu n' w- - h -se ing--o h -e -P Tannin g Co rn MISS-i- n--hear-n _ g e -Y d-i n accordance with Section 23-2 40./k.. the rise, the Boa -RI -of County Commission-ers public hearing shall be set -after the Planning Commission hearing 4. An applicant may conduct a Neighborhood Meeting with area landowners. Such meeting is not required, but may be suggested by the Planning Services staff to encourage communication between a land use applicant and the neighbors. 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 public hearing dates to those persons listed in the application as owners of property located within five hundred (500) feet of the parcel under consideration. Such notification shall be mailed, first-class, not less than ten (10) days before the scheduled Planning Commission public hearing. Such notice is not required by state statute and is provided as a courtesy to surrounding property owners (the surface estate). Inadvertent errors by the applicant in supplying such list or the Department of Planning Services in sending such notice shall not create a jurisdictional defect in the hearing process, even if such error results in the failure of a surrounding property owner to receive such notification. 7. A sign shall be posted for the applicant on the property under consideration for a rezoning. The sign shall be posted adjacent to and visible from a maintaine--way PUBLIC STREET/ROAD RIGHT-OF-WAY. In the event the property under consideration is not adjacent to a publicly m-a-i-n-ta in d reoad-riht- r---wa-y 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 pub-i ly-m tint fined road -rig -ht -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. Rezoning request number. 39 b. Date, place and time of public hearings. c. Location and phone number of the public office where additional information may be obtained. d. Applicant's name. e. Size of the parcel of land. f. Type of rezoning request. Sec. 23-2-3©. o Dutiies of PDanninLs Commussoon. A. The Planning Commission shall hold a hearing to consider the application for the Change of Zone. The public hearing may involve either the rezoning application alone or may include the review of concurrent applications under the County's regulations concerning uses by special review, overlay districts or subdivisions. —he 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. That the proposal is consistent with Chapter 22 of this Code; if not, then that the zoning of the property under consideration is faulty, or that changing conditions in the area warrant a Change of Zone. 2. That the USES which would be allowed on the subject property by granting the Change of Zone will be compatible with the surrounding land USES. 3. That adequate water and sewer service can be made available to the site to serve the USES permitted within the proposed zone district. 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, w -h4ch shall be i-n conformance with -the Engineer' 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 Thoroughfare Transportation Plan or in conformance with the MASTER PLANS of affected municipalities, the applicant may either wait to secure the rezoning until the improvements are made by the appropriate unit of government or the applicant may express a willingness to upgrade the STREET/ROAD or highway facilities at his or her own expense in order to expedite approval of the requested Change of Zone. In the latter event, it will be necessary for the applicant to either construct the necessary improvements before the building permits are issued, or submit suitable performance guarantees to the County to ensure construction of the required STREET/ROAD or highway facility improvements. 5. That, in those instances where the following characteristics are applicable to the rezoning request, the applicant has demonstrated compliance with the applicable standards: a. If the proposed Change of Zone is located within any DISTRICT identified by maps officially adopted by the COUNTY, that the applicant has demonstrated compliance with the COUNTY regulations concerning Overlay Districts OVERLAY ZONING DISTRICTS. Compliance may be demonstrated in a previous public hearing or in the hearing concerning the rezoning application. b. That the proposed rezoning will not permit the USE of any area known to contain a COMMERCIAL MINERAL DEPOSIT in a manner which would interfere with the present or future extraction of such deposit by an extractor EXTRACTOR to any greater extent than under the present zoning of the property. OVERLAY ZONING 40 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, 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. The Secretary of the Planning Commission shall forward the official recommendation of the Planning Commission and the information contained in the official record, which includes the Department of Planning Services case file, to the Board of County Commissioners within ten (10) days after said recommendation has been made. C. If the Planning Commission recommendation is conditional upon the applicant completing certain specified items prior to the publication of then ice fo-u 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. Sec. 2392-4O. - Duties of Board of County Commis& nerrs. A. (Repealed) The Board of County Commissioners &h -all - S -et L p-u-b-I-i-e-hea ri n g, to P.cep-; -e-wi- -n o ive (4 5) days, or u p -o n request -of the app -la -can -fort, e t-i-o-n-of-the proposed-- h -a n e on -e - ems --notice of so -4 -hearing to be p -u h-ed--o -i n h o e s 4 s -n-a4e -oa-rf C o u n _ ty-C , m iss i_o-n e rs f -o -r u bli-oatio n of n -o -t -ices-. At the-diG reti•o n of the Board of County C o m mis-s-io n e rya s --a se a l- ce may- e -p -u -b -l- heed i-ri a n e w s p a c e-r--w-h-i-eh-is p -i-s lh e -d in -the -area in which the rez-n;-ng-is-p-r-used. The fa - u -re to pub -I h- e -second notice shall not create a ri sc i ctie n a-l-defeo= i-n, the h -ea i- process,--h—e--date of -p -u bti ati n i"14 d -a -y -s prior to h -e --hearing- Ara an e --f re-partm. , n t of Slanning Services to post a sign on the property unsu consideration for rezo-n-ing-aoco rd i-n cg-te the- sq—utre men _ ts-e-f S -e ti on 4. G4 --nom of the proposed Cha-rig-e-o-5 Zone -and the public hea-ping date to those persons listed i-n-the-application as owners of pro -per coca ed within five hundred (500) feet of the -parcel under consideration. Such notification shaft -be mailed, first-class, not less -)-days before the sober yd 4 ! is hea ---S u h notice is-not-feq u-i red by spa -tae and--Ls-p-ro�� c: ed as --a courtesy to surrounding property own -erg -;-the surfaov �-a-e). lnadvo,Pten4_ .fr-e-rs by the -applicant in -sup -plying such-U-st or the Boa -rd of C o u -n -t- -C o -m-i-sue ie-sne-rs in se n d i-n g- such notice s h -n o -t c rea-te--aH u ri sd-i -i o nakdefect ; n •4h -e --h ea process, even if sLa, r r- r=results in _ the- fa i l u -re -off s -u -r -rounding proper -,t -y --owner o rece i s h--no-tification . 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. That the proposal is consistent with the policies of Chapter 22 of this Code; if not, then that the zoning of the property under consideration is faulty, or that changing conditions in the area warrant a Change of Zone. 2. That the USES which would be allowed on the subject property by granting the Change of Zone will be compatible with the surrounding land USES. 3. That adequate water and sewer service can be made available to serve the site. If the rezoning is approved, the applicant shall demonstrate, prior to issuance of building permits on the site, that 41 the water and sewer services are available at the site and are adequate and appropriate to meet the DEVELOPMENT requirements. 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 Thoroughfare Transportation Plan or in conformance with the MASTER PLAN of affected municipalities, the applicant may either wait to secure the rezoning until the improvements are made by the appropriate unit of government or the applicant may express a willingness to upgrade the STREET/ROAD or highway facilities at his or her own expense in order to secure approval of the requested Change of Zone. In the latter event, it will be necessary for the applicant to either construct the necessary improvements before building permits are issued, or submit suitable performance guarantees to the COUNTY to ensure construction of the required STREET/ROAD or highway facility improvements. No rezoning shall be finally approved by the Board of County Commissioners until the applicant has submitted an Improvements Agreement or contract approved by the Board of County Commissioners which sets forth the form of improvements guarantees. Any such agreement or contract shall be made in conformance with the COUNTY policy on collateral for improvements. Approval of the Improvements Agreement will be a condition of obtaining an Access Permit, pu-rsuant to Sectie -5-� �, e e � he ants of Append -2--A. 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 DISTRICT identified by maps officially adopted by the COUNTY, that the applicant has demonstrated compliance with the COUNTY regulations concerning Lvefla-yD-i icts OVERLAY ZONING DISTRICTS. Compliance may be demonstrated in a previous public hearing or in the hearing concerning the rezoning application. b. That the proposed rezoning will not permit the USE of any area known to contain a COMMERCIAL MINERAL DEPOSIT as defined by state statutes in a manner which would interfere with the present or future extraction of such deposit by an extractor to any greater extent than under the present zoning of the property. c. 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, that such limitations will be addressed by the applicant and/or the applicant's successors or assigns prior to DEVELOPMENT of the property. C. Upon the Board of County Commissioners making its final decision, a resolution setting forth that decision will 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. OVERLAY ZONING EXTRACTOR The Board of County Commissioners shall arrange for the County Clerk and Recorder to record the resolution and, if the proposed Change of Zone is approved, the Department of Planning Services shall record the rezoning plat. E. (Repealed) The Boarc -of CCommissioners shall ro-p-t-b-y-resolution, e er-y r , an--v-pdated copy -=the--rv-ed since the last upcate. F. (Repealed) B-ou-IR-dsry Ag- ee n_ t -a Th all willing -municipalities. Sec. 23-2-50. - Application requirements for Change f Zone. o-,--arnmental Urban Growth A. The purpose of the application is to give the petitioner an opportunity to demonstrate through written and graphic information how the proposal complies with the standards of this Chapter. 42 The following information shall be submitted on an application form which may be obtained from the Department of planning Services: 1. Name, address :end telephone number of the applicant. 2. Name and address of the fee owners of the property proposed for the Change of Zone if differ nt from above. 3. Legal description of the property under consideration as determined from a certified boundary survey (-aathe oa-ion of t-h-e--a-pp-i -r+t, the certified -boundary survey may -be --submitted su-eseq-u-e-icit to-t-he--P4a-n-r--Fi-n _ g-Ce-m ; o -n hearing but prior -to -final a p p ro d -I t the -Board of County o- r---nssioners--i-f the Director -of Plan-ni- g1 Services approves a gen,-e--Iegal-d-eescription which de--scri-bes-the site). 4. Total acreage of the parcel under consideration. 5. Address of the parcel, if available. 6. Present zone and 7. Pro oosed zone. ov l -a ones OVERLAY ZONING DISTRICT if appropriate. 8. Signatures of the applicant and fee owners or their authorized legal agent. 9. A certified list of the names, addresses .nd the corresponding Parcel Identification Number assigned by the County Assessor of the owners • f property (the surface estate) within five hundred (500) feet of the property subject to the application. —he source of such list shall bo the records .f the County ; assessor, or an ownership update from a title or abstract company or attorney, derived from such records, or from tie records of the County Clerk arc 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. 10. —he written certification required by Section 24-65.5-103.3, C.R.S., if applicable. Such certification may be submitted on the date of the initial public hearing referred to in Section 24-65.5-103(1), C V S 11. Such additional information as may be required by the Planning Commission or the 3.ard of County Commissioners in order to determine that the application meets the standards anc policies set forth in this Chapter and in Chapter 22 and any otier applicable code, provision or ordinance in effect. 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. 1' 3. The applicant sh, ll submit to the Department of Planning Services a copy of an agreement with the mineral owners associated with the subject property. Such agreement shall stipulate that the oil and gas activities on the subject property have been adequately incorporated into the design of the site, OR shall provide written evidence that an adequate attempt has been made to mitigate the concerns of the mineral owners on the subject property. 4. The applicant shall submit to the Department of Planning Services a copy of an agreement with the owner of any ditch located on or adjacent to the site, *R shall provide written evidence that an adequate attempt has been made to mitigate the concerns of the ditch owners. —he agreement shah stipulte that ditch activities have adequately been incorporated into the design of the site. If such agreement: cann��r�t bo reacned, the applicant shall present evidence that an ac equate attempt to reach such agreement has boen made. 15. Certificate of Conveyance dated within thirty (30) days of the application submittal. 16. The names and addresses of any owner, operator, or user of any irrigation ditch, lateral, or pipeline that traverses the property. C. (Repealed) A- is i n ity a 4 -and -E rn-a-p--ef -4h e ai ea—sh-a-1 I be sub toed —as p - art a-pplica-t -n—These maps sly-all-be-dr'a-1 n h -fe-Ho�v-gig speci-fi tions: 43 1. The n4- 2. dei s ated o n-repfecl u ibte-mite ri a l _ f-he-d1m-ensions of th=e tr c he -s -t4g-h and p rea r -e -d -a ...c at other su b -scale wh-e-n-ap- shall be drawn at suitable -scale on the land ro'`@`ed-by h e y art n -o-f-P l n- -"aches wide by' fenty-four (24) u-a1s--on-ee-h-u-nd-red (100) f -apartment e -f Plan n-i-n- he vicinity map „ - 2000'). The - -le; h -en applicable, shall be sUown : Outline ro- s -f-o-r-- C h-ai b T4tie nd north arrow. c. h -on oaN S-4-n-two-ku d tie-roperty. I Locati O -n -of rivers and other d ra-i-n a g c systems on- o -r within tit, e -h -u- d -Fed -(-2-0-0) feet of the property, a. Location of easennentsrig-htsnof-wa ysimilar interests of record on -the parcel and it t of the par -c- -! . = Location of all exi-s-t -e er ep ek ter and sewe-f- -n the parcel, as -well as SPECIAL FLOOD HAZARD -ARE Ati tt-h-e-p-rc jaS Areas or--GEOiLOGIC Miner l-��ource areas on the property. j. Are as of —m d e to or severe-soilsevere-soil-I-imitations as defined by, the _ N-atu-r -Res-o -rce C o-1 -e -arm Service or bye -SO oil - e -n -g -;sneer or --soil scientist for -the uses a-n-d-a-s-soci a tec ST- -I T-U-RE S---p-e-Fmitted within . dosed-- o-; e strio k. ether in ewnatian as may -be -r -ea -s - !y e - ed-b t --p-o.;ct►eat of Planning Services -in order to determine th-at--the application meet he st nd t forth in the Chapter and in Chapter 22. D. A draft rezoning plat in electronic (pdf) format shall be submitted as part of the general application. tcelects4.-ae-Gption o rovi d ed in S u-:.. -cti on &- iao-ve, the rezones 3- I -I- not be reg u� until the certifier-- oundar- survey has been made. This map�all be drawn - 1. scale (Repealed) The p -ha!! be de!inea-t-ad in nonfad-n-gg-perma° bla-at n -k of product of equal ql ree (3) rnillimetere or g- a -ter in thicknes he plat shall signatures and sea e i, e ; ,anent black ink. The size of each shall be twe-n4y-fog.,-x-(24) inches i-n height by tl #y-si-x-(36) inches in width. The mixing of sleet size:, is proh=rbit-edd to plat submitted -- shall corn_ , f-orm ofmss¢- -on type material such as, bu-t-n-oL limited -to, "sticky -back," adhesive 2. The of the map shall be one (1) inch equals one hundred (100) feet (1" = 100') or at other suitable scale when approved by the Department of Planning Services. The vicinity map shall be drawn at suitable scale on the land USE map (1" = 2000'). 3. The following information shall be shown: a. Certified boundary survey of the parcel under consideration, showing all bearings and distances outside the perimeter boundary lines. The closure error of the survey may not exceed one to five thousand (1:5,000). The boundaries and dimensions shall be shown to the nearest hundredth of a foot (or seconds of arc for angular dimensions and bearings). Curved boundaries and all curves on the rezoning plat shall include the radius of curve, central angle, chord distance and bearing. Notation of non -tangent curves with radial bearings shall be shown to all points of non -tangency. p :epared-at-a—sca e f 44 b. Legal description, including total area involved, as certified and signed by the surveyor. 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. The Current zoning f. Proposed Zoning g. A vicinity map indicating the property with respect to adjacent STREETS/ROADS, rivers, and other major land features. h. Irrigation ditches on or within two hundred (200) feet of the property. i. Location of easements, RIGHTS -OF -WAY, and other similar interests of record on the parcel and within fifty (50) feet of the parcel. J. Location of all existing utilities (electricity, gas, water and sewer) on the parcel, as well as within fifty (50) feet of the parcel. 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 Resource Conservation Service or by a soil survey and study prepared by a soils engineer or soil scientist for the USES and associated STRUCTURES permitted within the proposed zone district. o. Other information as may be reasonably required by the Department of Planning Services in order to determine that the application meets the standards and policies set forth in this Chapter and in Chapter 22. 4. The following certificates shall appear on the map: a. Surveyor's certificate. b. Planning Commission certificate. c. Board of County Commissioners certificate. d. Property owner's certificate. 5. (Repealed) Adequate space shall be provided on the r-ezoniaddition of the following i_ feFmation-hy-the Department of Planning Serv-i-c- - a. Zoning case -n-- -ber. b. Current zone classification. c. Requested zone classi-ficatio-n- 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 -r -granting power --of attorney to the agent from the owneris an authorization form provided by the Department of Planning Services signed by the fee owners. 2. A copy of the deed or legal instrument by which the applicant obtained an interest in the property under consideration. 45 3. A statement on how the proposed rezoning is consistent with the policies of Chapter 22 and any other applicable code provision or ordinance in effect. 4. A statement which demonstrates how the proposed rezoning will correct what the applicant perceives as faulty zoning, or that demonstrates how the proposed rezoning will fit with what the applicant perceives as the changing conditions in the area. 5. A statement which demonstrates how the USES allowed by the proposed rezoning will be compatible with the surrounding land USES. 6. Statements from PUBLIC water WATER and sswer. PUBLIC SEWER utilities which indicate that they are able to provide service for the site. If PUBLIC utilities are not to be used, the applicant shall submit information which documents the availability of water and suitability of the site for the sewage disposal system chosen by the applicant. The evidence shall document the adequacy of the proposed utility service for the USES permitted in the proposed zone district. 7. yEn-gin.eEd-ng Geo'ogy Vie-pert/Geotechnical tudy of the site proposed for the Change of Zone I1 USES allowed in the proposed z-ane. If the severe!imi:a:ions _o _le cons_ruction of STRUC—URES or aci ivies on ie s submi i-riforr0tion which demonstrates that the limitations can be overcome. A soil report of the site prepared by the Natural Resource 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 mero ghfir Transportation Plan and thereby meet the requirements of Section 23-2-40 B.4 of this Chapter. This shall be shown by an Improvements Agreement or contract guaranteeing installation of improvements by the applicant made in conformance with the County policy on collateral for improvements. Approval of the Improvements Agreement will be a condition of obtaining an Access Permit, pursuant to Section 12-5-10 et seq., and the Improvements Agreement shall meet the requirements of Appendix 12- A. 9. If, according to maps and other information available to the COUNTY, the Department of Planning Services determines that there appears to be a sand, gravel or other mineral resource on or under the subject property, the applicant shall provide a mineral resource statement prepared by a certillisa professional geologist as defined in C.R.S. 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 DISTRICT identified by maps officially adopted by the COUNTY, the applicant shall submit information which either documents how the COUNTY regulations concerning OVERLAY ZONING DISTRICTS have been satisfied or documents how the applicant intends to meet the requirements of the COUNTY regulations concerning Overlay Districts OVERLAY ZONING DISTRICTS. ver a , D i c.t OVERLAY ZONING Over ay Districts 11. Applications for a Change of Zone located in the Regional Urbanization Area shall adhere to any and all applicable regulations in Chapter 19 and any other applicable County ordinances as amended. 12. (Repealed) A sign s -h -all be past-ad-fc th a p pl i roper -y under consideration far a rezo n-i-n-g . The sign shall -Jae poste d a-d-jac-en toe -and visible from a pubilely-ma i-n-tain ed road ri-ghto 46 of-way4n-The event the property under�-e-nsideratiion is not adjacent -u p•-b-lic, , ;air; -a n- d-, ad -n- h Lie property and a posted at to -point at which the driveway (acGess drive) in ersects a public maintained road right-of-way. The signer -hall be posted at least ten -(10) days -prior to the hea-ri--n-g- and--evidenced-wf h-ah-e-tkin &I-ud e the "Fo I I _ owin-g--i n e r r a in a. C -hinge oaf Zone nu er-7 b. Date, time and place of public hearing. c. ca a dielephone nu-m-ber--of -h,e-public office w-heye - dditsonal-i o� o ooi�n '-b obtai-i eck d- Applicant's name, e Size o --o-a r cef4an-d Type of req uss47 13. The application fee. F. The a p- tI-I hm it three (3)-p -p .ly for pre! i m-p-p-r-eva to h -e -We ld County Department of tan -ing Services: Upon approval of the p-a;oer copies, the applicant shall submit a M the plat on Mylar or other drafting media approved by the Department of Planning Services, thirty-six (36) inches wide by twenty-four (24) inches high, along with all other documentation required as Conditions of Approval. The plat shall bear original signatures and seals in permanent black ink. The M* lar 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 War plat a-nd--a4d-i-t- G a uire-meats shall be recorded within one hundred twenty (120) days from the date of the Board of County Commissioners resolution, or within a date specified by the Board of County Commissioners. The applicant shall be responsible for paying the recording fee. If a plat has not been recorded within one hundred twenty (120) days of the date of the approval of the Change of Zone (COZ), or within a date specified by the Board of County Commissioners, the Board may require the landowner to appear before it and present evidence substantiating that the COZ has not been abandoned and that the applicant possesses the willingness and ability to record the plat. The Board of County Commissioners may extend the date for recording the plat. If the Board determines that conditions supporting the original approval of the COZ cannot be met, the Board may, after a public hearing, revoke the COZ. G. Nothing in this Division 1 shall be interpreted as prohibiting the submittal of an application for a Site Plan Review or Use by Special Review concurrently with or prior to approval of a Change of Zone application. The Change of Zone plat shall be approved and recorded prior to recording of such Site Plan Review or Use by Special Review. If the Change of Zone is not approved, such Site Plan Review or Use by Special Review application shall be void. Sec. 23-2-60. - Effective date of approved amendments. Any approved amendments to the Official Zoning Map shall be effective immediately upon approval by the Board of County Commissioners unless otherwise specified by the approving resolution of the Board of County Commissioners. However, no building permit shall be issued and no USE shall commence on the property until the plat required in Section 23-2-50.F is recorded. ivision 2 mendments to Chapt r Text Sec. 23-2-110. - Dutoes of Departm ant of PDanning Services. Upon submission of a request from the Board of County Commissioners for any proposed amendments to the text of this Chapter, the Department of Planning Services shall: A. In making its final recommendation, determine: 47 C. D. 1. That the existing text is in need of revision as proposed. 2. That the proposed amendment will be consistent with the future goals and needs of the COUNTY as set out in Chapter 22 and any other applicable Code provision or Ordinance in effect. 3. That the proposed amendment will be consistent with the overall intent of this Chapter. B. Draft all text amendments as directed by the Board of County Commissioners with the counsel of the County Attorney. Set a Planning Commission hearing date and a Board of County Commissioners hearing date after the completion of the proposed amendment. Arrange for legal notice ofsaid-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. Upon the approval of all proposed text amendments, arrange for the publication of the Zoning Ordinance; such publication shall be made available as soon as possible after final approval has been given the amendment by the Board of County Commissioners. F. Perform other tasks as assigned by the Planning Commission and the Board of County Commissioners. Seca 23-2430. - Dubles of Board of County CommSs onerrso A. (Repealed) The Be r 1. Set -a -B o`z ,--of foss 2 t� � fT_a -alj T'rotice Beard of y' r i s s i o n e rs least fet teen (14) clays -prior to the hearing. ,J'ice within forty-five (4 5) days 61b-1-1 - ce 4 --1---n'e ws pap e r des i . n a to d by t h. e n ---des. The dimn shall be at B. The Board of County Commissioners shall hold a public hearing to consider the proposed text amendment and take final action. C. In making its final determination, the Board of County Commissioners shall: 1. -ake into consideration the recommendation of the Planning Commission and the information contained in the official record, which includes the Department of Planning Services case file. 2. Find that the existing text is in need of revision as proposed. 3. Find that the proposed amendment will be consistent with the future goals and needs of the COUNTY as set out in Chapter 22, Intergovernmental Agreement of the affected municipality and any other applicable code provision or ordinance in effect. 4. Find that the proposed amendment is consistent with the overall intent of this Chapter. 5. At the close of the public hearing, the Board of County Commissioners may amend this Chapter. This Chapter shall be amended according to the procedures established in Section 3-14 of the Home Rule Charter. The Board of County Commissioners shall arrange for the recording of the ordinance and, if approved, the full text of the amendment. Sec. 23= 15®o o Dcritert and applecabifity. A. The intent of the Site Plan Review procedure is to provide present and future residents and users of land in the CUNTY a means whereby orderly and harmonious DEVELOPMENT is ensured in the COUNTY. Site Plan Reviews require additional consideration to ensure that the USES permitted are established and operated in a manner that is compatible with existing and planned land USES in the NEIGHBORHOOD. The regulation of Site Plan Reviews is designed to protect and promote the health, safety, convenience and general welfare of the present and future residents of the COLNTY. 48 B. A Site Plan Review is required for USES as described in Article III in -- h ecte-Di-st-ricts: A 1 - (Concentrated Anima), Residential R-2, ft -3 and R-4 Zon- - i r -cts ex-ce s-i ig-o-fa-m+ly-dwe-ll-i-n-g-1, n it or duplex units where th t o f a are not -held in separate -ownership, ail Commercial Zone Di-s-tr i ts, all Industrial Zone Districts, and any PUD Districts where a -use the proposed USE would require a site plan-r-evi Site Plan Review in an R-3, R-4, 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. The Department of Planning Services shall not issue a building permit for any BUILDING or STRUCTURE in a zone district which requires a site plan review until a site plan review has been submitted, approved and recorded by the Department of Planning Services. No Site Plan Review shall be required for: 1. Normal repairs and maintenance of an existing b-ldi-g BUILDING or FAR -Jr -GILL{ re STRUCTURE 2. Alterations which do not affect more than twenty-five percent (25%) of the external dimensions of an existing building BUILDING or structure STRUCTURE unless such alterations are made to change the USE or type of occupancy within part or all of the altered BUILDING or STRUCTURE. ct.g s SIGNS, fencing, oil an -d —g -as -}prod -action facilities OIL AND GAS FACILITIES 3n th-e—l-3 ne Cistrict, or TEMPORARY STRUCTURES such as, but not limited to, those asS USED for the sale of fireworks or the TEMPORARY sa'e cif Christmas trees. F. A -BUILDING or STRUCTURE which -was _ in-placeffective date of Ordin-arse l- -o. 89-FF en June 11, 1996, can have its. --external-d- m-e-ns nl rg d -u -tw nt pe-rcen ( 2/o) of those ex-te-rna-i dimensions i-n existe--e-a-s-of June --11, 1996, re -ore a Site Plan Review -shall hre equi-r-ed, uci--I-es s such e n l a-rg-e-m-en-t is made to change fh-e- use -or t} acs n cy wits i n --part or all -o he e- -a g d BUI DING -o TRt-J` T -E. 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 Site Plan Review requirement for CO``'; MERCIAL and INDUSTRIAL LPSES in a Planned Unit Development PLANNED UNIT DEVELOPMENT (PUD) upon determination that sufficient detailed information was submitted and reviewed in the Final PUD Plan. H. Any person filing an application for a Site Plan Review shall comply with the County procedures and regulations as set forth herein. 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 ,�''�rea OVERLAY ZONING DISTRICT or a Spe-S- F4e d—H-azard Area SPECIAL FLOOD HAZARD AREA identified by maps officially adopted by the COUNTY. J. Applications for a Site Plan Review shall be completed as set forth in Section 23-2-160 below. The completed application and application fees shall be submitted to the Department of Planning Services. K. Applications for a Site Plan Review located in a Regional Urbanization Area shall adhere to any and all applicable regulations in Chapter - 26 and any other County ordinance in effect. 49 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 final- 4-i -or plat map, if applic able. Seto 23-2-160. - Applicatin re • tirements for sots plan review. Any person wanting to apply for a Site Plan Review shall arrange for a preapplication conference with the Department of Planning Services. The purpose of the application is to give the applicant an opportunity to demonstrate, through written and graphic information, how the proposal complies with the standards of this Chapter. The following supporting documents shall be submitted as a part of the application: A. A 4e -19n review Site Plan Review application form provided by the Department of Planning Services. B. A copy of a deed or legal instrument identifying the applicant's interest in the property under consideration. C. (Repealed) A party -wail agreerne-n a -6n -d -legal -description for duplex or triplex USES where units 8.--Ra ata-o-w-nershIp. D. (Repealed) A con-d-e-dec!aration and legal- descriptien far -the condo, if-a-p-phe-a-bE -: E. A detailed description of the proposed USE. F. Evidence that the USE in the zone district shall have an adequate source of potable water and meet the requirements of the zone district. G. Evidence that the US in the zone district shall have adequate sewage disposal facilities and meet the requirements of the zone district. If there is an existing septic system located on the site, the applicant shall include in the application a copy of the septic permit. This information can be obtained from the Department of Public Health and Environment. H. (Repealed) A Road Access _ information Sheet ---the Department of Pliari-n-ing Seapplicant will be requirec to subm a completed Access Permit and I-mprovements Agreement, where aoo 'cable, prior to ao prova of a Site--P-1-an Rely ie - (-P Access--Permi -hall be in conformance with Section 12-5-10 et se* I. The number of employees associated with the USE. J. A statement indicating that the proposed USE meets the required Standards requirements of the zone district. SETBACK aa;__o OFFSET Bulk A generalized sketch of BUILDING elevations depicting the style, size and exterior construction materials of the BUILDINGS proposed in sufficient detail to exhibit the relative compatibility of the proposed site with the character of the surrounding land USES. A plan describing any proposed signage, drawn to an appropriate scale, which shall include specifications of the proposed 4h SIGN and s-Eg-- SIGN structure STRUCTURE along with the method of construction and attachment to the BUILDING or ground. The position and distance of the sign in relation to property lines and BUILDINGS and STRUCTURES on the property shall be shown on the Site Plan Review map. The applicant shall apply for and receive a building permit for all proposed signs SIGNS M. Statements describing that the LANDSCAPE requirements listed below have been met: 1. The tat LOT shall :adhere to the Maximum Lo vera e LOT 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 :OT fri drone district which abuts a public PUBLIC or private stir -et STREET/ROAD -right-of-way RIGTH-OF-WAY shall have a minimum ten -foot wide LA C PE SETBACK that is LANDSCAPED, unless the LOT is governed by a more restrictive LAN -DS -GAPE SETBACK that is LANDSCAPED contained in a-neveri-ay -dtstr ict a PLANNED UNIT 50 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 14 RIGHT-OF-WAY to-any-PARKI-NG LOT, 'o cg cea or gTRUCTURE. Sidewalks and driveways may pass through the required LANDSCAPE SETBACK. 3. (Repealed) Lands -ca -pang techniques shall be utilized -4n design of Ri\ KING LOTS--to-aic i-n -tfei4nl PARKING LOTS from roadways, - 4 (Repealed) -T-h-e-appli to-t@te Department of PIanntn - Se e a -detailed LANDSCAPE plan delineate -th i ting aridproposed trees, shru Lnd-co vers, natural features such as rock outcroppings and other LANDSCAPE elements. The plan shall show where LANDSCAPE exist I planting and true n details, species name and size. Where 4xisting plantings arm -beret tham applicant sh afl-incl e- in the plan ods of protecting the plantings during construction. The applicant shall submit to the Department of Planning Services a maintenance plan for the proposed LANDSCAPE on the site. N. A statement accompanied by will be handled. ' P s, etc.), then evicence, maps ntion facilities are desain the stormwater runoff in excess of the historic flow from the undeveloped site shall be designed for a one hundred -yea -F storm and release -retained water at a rate not to exeecc a fi,,e years cn-f l i -n--the UP site- The applicant shall provide a narrative or preliminary drainage study in accordance with the stormwater drainage criteria requirements of this code. O. A statement explaining that the proposed USE, BUILDING or STRUCTURE meets the Off -Street Parking Requirements listed in Article IV, Division 1 of this Chapter or a more restrictive ordinance. Sufficient SCREENED, off-street, paved parking areas shall be provided in all districts. 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 sh-all-be-ac&moo, designed and constructed - in a manner-tiat is in conformance with the standards below: 1. Sufficient space shall be provided in loacini/service areas to accommodate the vehicles beer loaded or unloaded without encroach -ne : L pon neighboring property or rights--of--way. 2. Loading are 3-320 of this Chapter. Q. A statement explaining that how the LOT(S) tha-I-I will have safe access to an approved -0-61bHG PUBLIC or private STREET/ROAD and a traffic narrative describing the projected number of vehicle trips (average per day, maximum per day, peak hour data) to and from the site and the type of vehicles (passenger, semi -truck, etc.). The design designation of a STREET/ROAD or highway as to type shall be in conformance with that shown on the Transportation Plan and/or the MASTER PLAN of the affected municipality. A traffic impact study may be required. Improvements to adjacent STREETS/ROADS may be necessary to provide adequate safe and efficient transportation to and from the site. An Improvements Agreement may be required. District shall use regulations under either Section 23-3-310 or 23- R. A statement explaining acknowledging that new accesses to oubtic rig -Ns -of -Ai a -y PUBLIC RIGHTS -OF - WAY shall be constructed in accordance with this code, and may require an access permit. using the minimum standards below. Designs exceecing these •i Public Works, depending upon the number - 1. Size of drainage structure fifteen (15) inches minimum in diameter. 3. Depth of cover over pipe - twelve (12) inches. 51 t " dJ O aova ter.^, for N,a'--:ri8f i . fifteen (15) feet for a one; _,p 's-ng4re siccess, _ t-we-nt au -Fe -foot minimum 5. Max e m —g-1 c sent (150/0). fet, . _ Lar r + �;� u s • t�`v(1�°.,a a 4 y -foot minimum in a s asi I zo a -d-i cati i-G- , , e 4-m1n1-r u i Y s i n c o m i! e b: f 8rfl 4Rd'Ust4 iai _ zone districts. e-pf -e-f- a sfa- -g----J -. engin app-rov-ath-e-De-Ja-� � e n t of Put -AG S. (Repealed) A —statement explaining how acceleration/deceleration lanes Jatment of Punic °i . or the Cal-anael assess to ARTER'IA OLJ! ECT R ST EETS, and acce i re w ui - n is 2 -A. T. A statement explaining that the trash collection areas or facilities are located designed and USED in a manner that shall - e -e eit4he zone -d trtc4 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 DEVELOMPENT of the surrounding areas as permitted by the existing zoning and with the future dleveo-m-et DEVELOPMENT of the area as projected by the Comprehensive Plan or MASTER PLAN of affected municipalities and any Intergovernmental Agreement. Such USE shall adhere to the following operation standards, to the extent that they are affected by location, layout and design prior to construction and operation. Once operational, the operation shall conform to the standards listed below: lop, will provide r. + or r1i f f, lent --karrse, with the ems .,,_ --1\ ve ms o' Master 1- n 1. Noise. USES anal ST RUQTU n - , ° �� :� A, r ,� r� e� ,�_ ": rz. I �-�dus`r-a Z -e---Dis cts 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 CO I J. �A�>!'--a d? n ust-r . Z - D- - ,ot shall be located, designed and operated in accordance with the air quality standards established by the Colorado AirPO-�T:n? Quality Control Commission. 3. Water Quality. USES in thie-G-nMA ERC . , and lndustr al-Zon-e-O-fl shall be located, designed and operated in accordance with the standards established by the Colorado Water Quality Control Commission. 4. Radiation and Radioactive Materials. The handling, 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 I l I I M! ± e I ! I l ' I st,4ets 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 ,Y-) Fahrenheit. 6. Glare. Any lighting USED to illuminate an OF STRE T P RKi-NQ—A-REA off-street parking area, o utside storage area, outside activity area, s gn SIGN or other t- acta- STRUCTURE shall be arranged to deflect light away from any adjoining residential zone and from Ge-unty-r-ca COUNTY STREETS/ROADS. Any lighting, including light from high -temperature processes such as welding o r 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 o nto 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. Property Maintenance. All property shall be maintained in such a manner that grasses and weeds are not permitted to grow taller than twelve (12) inches. The property owner shall not allow the growth of NOXIOUS WEEDS. 52 8. (Repealed) Any o s- and an site Impco e is °qr-Bement shall oe made in conformance' �i- .1-�� r-tiJ r 1 e the COUNTY _ p collateral -for improvements, as we#l--a-s in conformance with Section 12-5- 10 et seq., an -the w e g --a nd Co n struGUon Standa-Fd-s -gyp p, e n- -i x ' --- V. (Repealed) Aition-a-1 S u b rr '--Re-q-ua-rem-tents, for a Livestock Confine-m---ca-50-n- with-kg-th-e-A4 Zon-e District--l-n-a4-d` i-on to the App-lication o i-H n resew requirements, the -fall- g information shall be submitted with --the Site Plan -Review appkoa ion--- for a Livestoek Confinement Opsr-ation-within4he A-1 _ (Concentrated Animal -)-Zone District: 1. A-N-u-i-s-ante-M-an age P -m -e -r P! a r 2. Pct. i-g hti-n --P- � G 1 an- 3. Demonstrate th1 d- wa r poundr e -ts w411 meet the fed -towing requirements of the Co I oora4o--��-Stec-QuaU ¢ y -C o n t-ro I Co mmiss-i-e-n,- e -g -u -lit ion Nu R.-1) : (1) setbacks -to water wells; (2) separa s r water; (3) impo ±-n-d-me-nt liners- meet seepage wound -m 4-wa to at s r� capes „i ---o 111 be provided to the--e-pa-ctme - of Public --14 rd Environment and Planning Services. 4 Rrovi d e evi-dence that -the=ir ci l ity has-been registered -as a e-n4i-n-ed An i -l-,Fee . g -p- ►aa ien tithe Colorado Department of PubIi - -eath and Environmen��ri- ten -evidence of such shall--be-,provided to --the De pa rtmenl: of Pub-l-i-c--H oa Ith--and E nv i ro n m e n4- - APacili y-M-a-n-agement Plan. 6 The app-licant s all demonstrate compliance wA4th Livestock Confin menu-rap�tions p0eme-c4t -eg- -t-ions s{ uIatoc, i-n Section 23-4---35C of this Chapter 7. ,A-h-owng plan -f employees ( f -yes s rY) T -h a-p-p-i-i-e-an--h-a-l-1 specify the m a um number of ANIMAL UNITS and species to be associa e w-i-h -e-UNc-stock Croce-neme- -C era -ti -o n . W. E P-LAN1 REVIEW MAP Site Plan Review Map. The applicant shall submit the draft map for preliminary approval to the Department of Planning Services in electronic (pdf) format. The site plan map shall show and comply with the following requirements: 1. The size of the map shall be twenty-four (24) inches by thirty-six (36) inches. 2. The scale shall be one (1) inch equals two hundred (200) feet or another suitable scale if approved by the Department of Planning Services. 3. Legal description of the parcel. 4. North arrow. 5. Outline of the perimeter of the LOT. 6. A vicinity map at a suitable scale. The map shall locate the site with respect to adjacent STREETS/ROADS and other major land features (1" = 2000'). 7. The location and name of any water features or irrigation ditches within the perimeter of the LOT. co-ed 8. The location and names of all reads STREETS/ROADS and highways abutting the LOT. 9. The- l ec a t i o n and name of--aiY -y-w tat fe-ww-res e r-i-- i g ib, i-tc lies-v-i4h hie ri . _ t.o r of -the LO - T. 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. All existing and proposed STRUCTURES and their dimensions. 11. The location, dimensions and design of any existing and proposed on the site. Distances from LOT lines shall be indicated. SIGNS 53 S 12. All utility easements or rights -of -way for telephone, gas, electric, water and sewer lines. 13. The location and dimensions of vehicular drives, entrances, exits, acceleration and deceleration lanes; location and dimensions of pedestrians entrances, exits, sidewalks and walkways. 14. General location, arrangement and dimensions of parking spaces, width of aisles, dimensions and angle of parking and other similar information. � dpi d th-of-ba 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: I, the undersigned, certify that the uses, buildings and structures located on this Site Plan Review are designed and will be constructed and operated in accordance with the development standards hereon and the district requirements for the Zone District as stated in Chapter 23 of the Weld County Code. I understand failure to comply with the development standards, applicable provisions of County Code, and/or any conditions of approval could result in the County initiating a compliance action against me or my successors. Signature of Property Owner The foregoing instrument was subscribed and sworn to be before me this day of by WITNESS my hand and official seal. My commission expires: Notary Public b. Department of Planning Services' Administrative Review Certificate: This map is accepted and approved for filing. Director of Planning Services The foregoing certificate was acknowledged before me this day of by WITNESS my hand and official seal. My commission expires: Notary Public (Repealed) Site -Plan Review Plat: A Site Plan Review Rat shall be prepared after ---a S Te Plan Rev-i application is approved. The appli-3;-paper copies of the plat for preliminary approval to the Cs artment--on- approval of the paper copies, the applicant shall submit a M-y-lar--plyt ong with ail ocher-d-ocu-mentetion rewired as con -GI -it -ions of--aperoval e Mylar r plat s h -2I-I---reco,46d-i-n the office of the County-Cle-r k and Recorder by the e D e part n 4n -t^ -of 54 P Ian n-i-n rvic u -ft- e- n is s rh a4 i-b -reco- d -with i n -o e h u n _ d -Fed twenty (120) days from- �----dat tie ---administrative re --view was signed. The applicant shall be responsible for— -y-i n g --t- o roco rckn g, fee. If-th -i P 1ann-R i ew- i _ at -h as-- ---been recorded ;n, 4eh1n -o-n-e hundred twenty (12Q ) d a r f s -am-t-i-e da4 h e a d Y' i i r i'J- -review wa- • -n a p pR-4 n -t _ is unwfn _ g-o-una-bl --m ; f of the con-ditti-;-one hun -e d tw n-tt-(4)--d o f approval, the ap-plioaien will be forwarded —to the Weld County Code Complianre fir- vialafioon. T -h Director of Planning -Services may -grant an e Lenten -off time, tip mod eap se sh ,,{, n, us ��.y! ppp � I-��-�e�'�4 i.d �+1 6J1 *d `+d � i Y � �4Ynil i 7 tm✓ � f 4vA� the -applicant. The -plat -shall mee z� o lior i - i cenom: !!! delineated -in n o n fa di ng p rn ane n -t black ink o n --a- l -q-u a i - -o -r for in th-i-okness. The plat s- ll-bear original signatures and seals in permanent black ink. The sae -off --each aH be e kiien4 f- -u-r (24) inches in height by thirty- six (36) inches--i—i-d--t-h. The rn44n- -o-f shee es is pr h-i-bk d. No plat submitted shall contain any fare of-sticl n k," ad live film or Ki �, s tape. 1 -ha' ra al -1 ce at sufficient scale -to show al -I- 2 REPEALED. 3. REPEtt.... 1 1 lion `L. i 24'x+ ! 4 i a` 3 V�-e s i `n r`._�3 U' -N t .' `T-14t,Q-Department o T i c i n g Services 5. Th-e--plat s h -a l' i-nol-u-de-a-l-l--c- _ the -items -approved in the site adm i n i strative co--Fn-me—R- 6 T he plaI' ll-bea--fie following cerri ica-tion r er's ce rta I, the undersigned, certify -that the uses, building---and-structures located on this -Site Plan - Review are--dd-e-g-n-ed a r d--wi-l-l-b constructed -and opera- ! n a God a n cep t . h e app abrl-e -D-cciELOPIVI-E N T standards and district requicements for4h. Zone District as stated fn -the -4 eld o ty oning Ordinance and in accordance with --any canditie pesed-yaet, a-rd of _ County Commissioners at the time the-p-ro-pUrty—was zoned or rezoned. I underst--n8 my -fail -Li -1:e to comply with--VELOPMENT stan-el-ards and, any conektions could -result in the-C-ountOn-itiating a compliance action against R e- S-i g -n - , a e o f -P r -o pert if-w-n-er the foregoing instrument was subscribed y --h a : i-d-fl-- tfic -hs-e 7 My commission ex -pi : Notar- -Public ':ern to be before me thi d a� epartm e nt of ta-n -i-n-g- e ve ces ° Ad -m Ri-str-a i e Rev-ievii-e-rt:+fk - - T h is --plat- ac—cepp d -an -d -a -p proved _ far f i i n% Director of Ranniag-Services The f o regoing oo rt i-f iea e- a s a c k n ow ge -ore n-e-th-i day -of— , _ by -1-PN E S S my -4 -a ^ --a-n _ d -e cisl ea -k 55 n expires: c. Easeme-nt Certificate e> pie: This certificate shall be used when any 9a -se -malt crosses an/ eft e Site -Plan Review. The plat s h a -4l -also "e; ify the be"nei-te-d-l-et and -purpose of the easement. 4 -(we he -re -by -dedicate, for the benefit of the pt operty(ian or described hereon, easements for th"'�--.ouroos h�no rd escribed he eon. Sig -nature Satu re 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. The applicant shall submit to the Department of Planning Services a copy of an agreement with the mineral owners associated with the subject property. Such agreement shall stipulate that the oil and gas activities on the subject property have been adequately incorporated into the design of the site, OR shall provide written evidence that an adequate attempt has been made to mitigate the concerns of the mineral owners on the subject property. AA. The applicant shall submit to the Department of Planning Services a copy of an agreement with the owner of any ditch located on or adjacent to the site, OR shall provide written evidence that an adequate attempt has been made to mitigate the concerns of the ditch owners. The agreement shall stipulate that ditch activities have adequately been incorporated into the design of the site. If such agreement cannot be reached, the applicant shall present evidence that an adequate attempt to reach such agreement has been made. BB. (Repealed.) Rh e -to --M ec h ace-iea l Tray e r (PMT), if required - CC. (Repealed.) A -set -of -of sign standards in accordance with Chapter 23, Article Ij,nlaivision 2. The l ation of -any s-gn-r-equiring zoning approva ;al -1 -b -c shown on the Site Plan Revi- U `-maw Di t ncos from jacepy-#nes shall be indicated. DD. (Repealed.) 11f a-p-pl-cable, an IAgreement executed -by -the applicant. This Agreement :hall be in accordance with .� �' ocuments-fe-r- collateral- o impro-vements, as wel1 a--.sIn conformance with Sefaion 12 5 10 et seq., and the Engineering and Construction Standards in - Appendix 12-A. FE. 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. GG.The names and addresses of any owner, operator, or user of any irrigation ditch, lateral, or pipeline that traverses the property. Sr ca 23-2-170. Changes and terrain ' t ti nofUS A. Any approved Site Plan Review shall be limited to the items shown on the Site Plan Review map and the approved eUSE 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 56 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 time up to one -hundred twenty (120) days, for good cause shown, upon a written request by the landowner. Before this extension has expired, the applicant may seek a further extension from the Board of County Commissioners by written request to the Director of Planning. C. Approval of a Site Plan Review shall terminate when the USE is discontinued for a period of three (3) consecutive years or a new Site Plan Review is approved. Should the Department of Planning Services observe or receive credible evidence of a discontinuance for a period of three (3) consecutive years, the Department shall notify the applicant and property owner by first-class mail. If the applicant or property owner objects 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. A. B. m A m Rescission procedures �.� � ��:�,.:�� iir When, in the opinion of the Department of P �i . ��-�. , .a p �ctnt lay ,o et dire { 1) or more of the requirements. of Subsections 23-2-160.A, through .DD, a hearing shall be scheduled before the y �Jm. 1. AAA w� Y '..✓. . v r: w -1:+ r: n ',.i^.t "°-.. • �' �....{y±. U'" yiu"M'l.S! z * f rc�„ _(� h'3- ,L`��w.��.,� `.q✓R �. J �k4 „� �{�.i�..i'� 4r.�s�' �.-a �!iin"�� #4 ? � C • G , YAn+a t r ^as�`�'"" aC',,li �'y�ti.�''�'GhwN' B j : e><^i1 *.....I r�Commissioners. ... unt Board -of C y «w r rP �'+ �.._� w° .-..tbi.,emu. 4;447-4 �'• r, O f r io5-Tnty Commissioners shall hold a public rearing to consider the Site Plan Review 3PR) application and to take final action thereon if the Planning staff has determined that the Y application has not met the requirements o' Subsections 23-2-160.A, through DD above. The Board of County Commissioners' decision shall consider the recommendation of the Planning staff, referral agency responses, the application case file and facts presented at the public hearing. The Board of County Commissioners shall approve the Site. Plan Review (SPR) application unless it finds that the pplicant has not met one (1) or more of the requirements as listed in Section 23-2-160 above. -'nrprak, Fr. .. - .....,.. NJU .,. �l.�r" shat submit c.^.... _: r County v�o— .Cr ?.�i: -.r _ _; ....w ..� .a -.w... •yrz�rzc C. The Department of P n ervices shaubrnit to the Board of con missicners, for review ;any map required under Su °section 23-2-160.W above, which does not comply with the approved Site, )El.-;..iP.ev.L;::-::. SCR E. De _ artm enr,PIn Sail subrips of approved,ctions, req1Md in Subsection! 3p -16 AN above, to the County Clerk and Recorder for recording. ly. .'' A resolution setting forth the decision of the Board of County Commissionersshall be brafed and signed. A record of such action and a copy of the resolution will be kept in the files of the lerk to the Board, and the poard of Opunty Commissioners shall arrange for the county Clerk and. 57 to record hc; res tulon.. n the raapsPquirPd Sec. 23-2485. pp r v Ii a 1pq v tl E au e B and County 1 bsecton232 nd recor g f the site plan rev bjt / 0 8iss'1'+z�1n • _ a ill, ,.n:�l.K,�o u�, 6 .�6� r .9 w map. Upon approval of the draft Site Plan Review map, the applicant shall submit a Site Plan Review map for recording, along with all other documentation required as conditions of approval. The map shall be delineated in nonfading permanent black ink on Mylar or other drafting media approved by the Department of Planning Services. The map shall bear original signatures and seals in permanent black ink. The size of each sheet shall be twenty-four (24) inches in height by thirty-six (36) inches in width. Upon completion of all conditions of approval, the map shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The applicant shall be responsible for paying the recording fee. The conditions of approval shall be met and the map recorded within one hundred twenty (120) days from the date the administrative review was signed. 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 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 Site Plan Review approval shall be voided, and the application denied. Division 4 - Uses by Sp ciao Review Sec. 23-2-200. - Mtent and appfocab. oDity. A. Uses by Special Review are USES which have been determined to be more intense or to have a potentially greater impact than the Uses Allowed by Right in a particular zone district. Therefore, Uses by Special Review require additional consideration to ensure that they are established and operated in a manner that is compatible with existing and planned land USES in the NEIGHBORHOOD. The additional consideration or regulation of Uses by Special Review, and the application to a Use by Special Review of Performance, Design and Operations Standards listed both herein aria for applicable- USES from a-ny zone dis 3 i Wit; are designed to protect and promote the health, safety, convenience and general welfare of the present and future residents of the COUNTY. B. e he Board of County Commissioners may approve the establishment of a Use by Special Review by granting a Special Review Permit. All requests for Special Review Permit shall be reviewed by the Planning Commission. The Planning Commission recommendation shall be forwarded to and considered by the Board of County Commissioners except for MAJOR FACILITIES OF PUBLIC UTILITIES OR PUBLIC AGENCIES -RVP� � or USE w 4e a-t--Re-v4ew Permit and nth ich is i n i+i t y_o � n e ra I-pwjac se local govern -m St -ales -U-n►- . ates gove nment,,-peelal district o nder the p-r--v-is-ions of -the laws of the Stateer-any public utility -whether pubUicly or privately owned, which shall require review and approval by the Planning Commission only as set forth in Division 5 below of this Article II. C. Any person filing an application for a Special Review Permit shall comply with the COUNTY procedures and regulations as set forth herein. Ai x-pa-nse-n ore ffi-m -o-a--Us- -b-. Jeed-a-t Review -s -r-i be tFeated as a new USE -a; id -s-- a; r -ure a-new-aaplisation under the provis o v f -hi-s -Divirste Pc 58 Ordinary repairs and maintenance may be performed upon STRUCTURES associated with a Use oy Special Review so long as such repairs and maintenance do not have the effect of expanding or enlarging the USE. E. Applications for Special Review Permits shall be completed as set forth in Section 23-2-260. The complete application and application fees shall be submitted to the Department of Planning Services. 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. I _ he agreement shall be approved by the Board prior to recording the final e4 °hit o - '- —t map, if applicable. Approval of the Improvements Agreement will be a condition of obtaining an Access Permit, p-ursuant to S dbo-r a n u t e m; rove r e -4s ree4inent s h--a-ll-l-m- -eet th-e--req-u-i*-9-m-e-nts of -Appendix 12-A. G. Applications for Special Review Permits shall be accepted only for proposed USES on LEGAL LOTS. An application for a Special Review Permit shall include the entire �=�=-A-k.. LOT(S) upon which the Special Review Permit will be located. H. The applicant shall submit th-Fea (3) pG espies;& the plat the draft map for preliminary approval to the Department of Planning Services in electronic (.pdf) format. Upon approval o -r the-pap-er-oop-i-es, the applicant shall submit a l -a- p-lat the map on Mylar or other drafting media approved by the Department of Planning Services, along with all other documentation required as Conditions of Approval. The 1*r--pta4 map 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 -I �--hci- lat map a ,d addi4 4 --ai r- qements shall be recorded within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution. The applicant shall be responsible for paying the recording fee. If a Use by Special Review (USR) plat map has not been recorded within one hundred twenty (120) days from the date of the Board of County Commissioners Resolution, or within a date specified by the Board of County Commissioners, the Board may require the landowner to appear before it and present evidence substantiating that the Use by Special Review (USR) has not been abandoned and that the applicant possesses the willingness and ability to record the Use by Special Review (USR) at map. The Board of County Commissioners may extend the date for recording the plat map. If the Board determines that conditions supporting the original approval of the Use by Special Review (USR) pkat cannot be met, the Board may, after a public hearing, revoke the Use by Special Review (USR). Sec. 23-2-21. - Medea of Department of Pflannhig Senoces. Any person wanting to apply for a Use by Special Review shall arrange for a preapplication conference with the Department of Planning Services. A. The Department of Planning Services shall be responsible for processing all applications for Special Review Permits in the unincorporated areas of the COUNTY. The Department shall also have the responsibility of ensuring that all application submittal requirements are met prior to initiating any official action as listed below. B. Upon determination that the application submittal is complete, the Department of Planning Services shall: 1. Refer the application to the following applicable agencies listed in Appendix 23-G, as determined by the Department of Planning Services l ec a-ppl-i-cable-, forr-e v-iew-and comment The age--- ;u -s nal-®-d shall -respon-d n -d -i-th-i-n t eve y e -ht-(2 3) day -s f er she- m a i l i ng--o; Ae--a p p l i caber by the CQUNTY. The failure of any agency to respond within twenty-eight (28) days may be deemed to be a favorable response te the P1adR, -g- r ,fs -r.. 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 59 reviews and comments and may solicit additional information if such information is deemed necessary. The reviews and comments submitted by a r -r -a4 REFERRAL agency are recommendations to the COUNTY. The authority for making the decision to approve or deny the request for a Special Review Permit rests with the Board of County Commissioners. Th i-ssion or governing body who o u-n..d-a pies- re within --three-mile radius of the parcel under consideration for a Use by Sperm -Review The -planning commission o -r governing body of a i-t-y or town that has included the parcel in its MASTER PLANNING area or Inter government aennent. Deb -a amen -1 -of Public Rea and Environment. of Pubhc Works to theerrgTh ar: a . County F -n- o n tGf GeT f. Colorado Department of Public Health and Enviranwent g. Colorado G-e-e-o4eg--i h. Colorado Hictorira9---S c et i. Colorado Department of Transportation. j. Colorado State Di -vision of Wildlife. Engineer -Division of Water Resources Colorado State Oil and Gas C-on-servation Commission. m. Colorado Water Conservation Beat 4 n. U.S. Army Corps of Eni-ers o. U.S. Soil Con€-ervation Service. p . U.S. Forest --Se , ice: q. J.S. Bureau of Land Management . --Few Pa' Aviation Administration. s. Federal Commu-ni lions Corn —mission t. T- .fistrict. i 9 ipa! 1y with facilities on-oram T c n t .f er 1 e p re 3Rde5-c-onsi e{ a LiV f !. v. Any other agendas or individuals whose reed -4e l _ tI partm-e-n-tof Pl-n-n-vices, Planning Commission or Board of County Commissioners deps-vicessa ry. 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 finaster-p4a-ns MASTER PLANS of affected municipalities, sound land use planning practices, comments received from agencies to which the proposal was referred and standards contained in this Chapter. 3. Set a Planning Commission hearing date and a Board of County Commissioners hearing date. The Board of -County CVr i (-1-isrsi posting, concurrent w be set _ a-nd b -e -g -v -e -n -legal notice a n d she Plann-ing Commission heari-n-g-d=aa-te and in accordance w4th Section 2-3-2-230.A. Otherwise, the Board of County Commissioners public hearing sha-I- af-te thhe-P-a-theCommission hearing. 4. An applicant may conduct a Neighborhood Meeting with area landowners. Such meeting is not required, but may be suggested by the Planning Services staff to encourage communication between a land use applicant and the neighbors. 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. 60 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 mai-Rtai-ned road -h --e-f--way PUBLIC STREET/ROAD RIGHT-OF-WAY. In the event the property under consideration is not adjacent to a publicly maintained- roaa right -o -f -way 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 publicly rn - d--re-d- f- -a- PUBLIC STREET /ROAD RIGHT-OF-WAY. The sign shall be posted at least ten (10) days prior to the Planning Commission hearing and evidenced with a photograph. The sign will include the following information: a. Special Review Permit number. b. Date, place and time of Public Hearings. c. Location and phone number of the public office where additional information may be obtained. d. Applicant's name. e. Size of parcel of land. f. Type of request. 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. Sec. 23-2-220. - Duties of Planning Commission. A. The Planning Commission shall hold a hearing to consider the application for the Special Review Permit. The public hearing may involve either the Special Review Permit application alone or may include the review of concurrent applications under the COUNTY's provisions for Overlay Districts Regulations in Article V and Floodplain Regulations in Article XI of this Chapter. The Planning Commission shall provide recommendations to the Board of County Commissioners concerning the disposition of the requested Special Review Permit. The Planning Commission shall approve recommend approval of the request for the Special Review Permit only if it finds that the applicant has met the standards or conditions of this Subsection A and Sections 23-2-240 and 23-2-250 of this Division. The applicant has the burden of proof to show that the standards and conditions of this Subsection A and Sections 23-2-240 and 23-2-250 are met. The applicant shall demonstrate: 1. That the proposal is consistent with Chapter 22 of this Code and any other applicable code provision or ordinance in effect. 2. That the proposal is consistent with the intent of the district in which the USE is located. 3 That the USES which would be permitted will be compatible with the existing surrounding land USES. 4. That the USES which would be permitted will be compatible with future DEVELOPMENT of the surrounding area as permitted by the existing zoning and with the future •developm DEVELOPMENT as projected by Chapter 22 of this Code or MASTER PLANS of affected municipalities. 5. That the application complies with Articles V and XI of this Chapter if the proposal is located within th ---Ov ,d g),: Di Oct-Ar-e ; an OVERLAY ZONING DISTRICT or a Specie! H Noo-d-Paz-ard 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 USE. 61 7. That there is adequate provision for the protection of the health, safety and welfare of the inhabitants of the NEIGHBORHOOD and the COUNTY. B. The Secretary of the Planning Commission shall forward the official recommendation of the Planning Commission and the information contained in the official record, which includes the Department of Planning Services case file, to the Clerk to the Board within ten (10) days after said recommendation has been made. C. If the Planning Commission recommendation is conditional upon the applicant completing certain specified items prior to the •publication o, —the notice 'or 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. Sec. 23-2-23(0a uties of Board of C A. (Repealed) unty Commissioners, 4 -h -e -Bea -rd -�� acid of coun mw i ss i o ners-sh-a -: Set a Board of Count % ; ioilers pub11c hearing te4a e -place not more th-aprfo -five (4-54 days after recei-p-t-of tie Planning -C -e amiss-n-recem—men Lion, or -upon request of t 3 for consideration of the proposed --St 4ew-Perrn-t 2. Arran-g-e-fwdnal notice of said heaAp,i i he newspa -es- paced by the Board oy Count -Commissioners for publication of notices. Y-t-th-, -i-scretion of -the —Beard —of -County Co mmi- • u oh-i-s h ed i-n a _ new -spa -per -which i c p., -u b l d i ; h e area which the Use by S- a -1 roposed . v Ed- S _ bI ,-the second € i-ces-h-a lR not G ate--urisdictie a -defect in -the -hearing process, e ---d -e of p- - i ca tion sl a-ll- oe at least ten (10) days p oc4 the hearing. 3. G-i--`fie notice of the -application for a Special Use Permit a, -the ring date to those n the-a•o a -t• ^} n of pr�,,pc Gated -within five hundred (500) feet of the parcel undeo-n-s-ideratlen-Such notification shah be ma ed, first class, not less than ten -(-1-0-} days be oce the -s hsdd-ul-ed--public l -are g. Such noti nom¢ require tate statute and is J -as a courtesy _ to surrounding property-c1^mss-(the-surface estate ). lna-d -er ent errors by -the -applicant in s u notice shall not creat u-rrisdictional defect in the he,a-4nrg-proces von if s-ue ror results in the failure of a surround-ing-p-roperty owner to rece s & -notif-i atien- Arrange for the—Dep-irtment of Planning Services to post a sign on the property uncer consideration for a-S-pec4 view Permit according to-t'Re reof this Article. F-s-urch list or the -Board of C e .nty Comm oners ending such B. The Board of County Commissioners shall hold a public hearing to consider the application and to take final action thereon. In making a decision on the proposed Use by Special Review, the Board of County Commissioners shall consider the recommendation of the Planning Commission, and from the facts presented at the public hearing and the information contained in the official record which includes the Department of Planning Services case file, the Board of County Commissioners shall approve the request for the Special Review Permit only if it finds that the applicant has met the standards or conditions of this Subsection B and Sections 23-2-240 and 23-2-250 of this Division. The applicant has the burden of proof to show that the standards and conditions of this Subsection B and Sections 23-2-240 and 23-2-250 of this Division are met. The applicant shall demonstrate: 1. That the proposal is consistent with in Chapter 22 and any other applicable code provisions or ordinances in effect. 2. That the proposal is consistent with the intent of the district in which the USE is located. 3. That the USES which would be permitted will be compatible with the existing surrounding land USES. 4. That the USES which would be permitted will be compatible with the future DEVELOPMENT of the surrounding area as permitted by the existing zone and with future DEVELOPMENT as 62 projected by Chapter 22 of this Code and any other applicable code provisions or ordinances in effect, or the adopted MASTER PLANS of affected municipalities. 5. That the application complies with Articles V and XI of this Chapter if the proposal is located within any Ore -r -1 -ay District Areas OVERLAY ZONING DISTRICTS or a -azard 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 .use USE 7. That there is adequate provision for the protection of the health, safety and welfare of the inhabitants of the NEIGHBORHOOD and the COUNTY. C. Where reasonable methods or techniques are available to mitigate any negative impacts which could be generated by the proposed USE upon the surrounding area, the Board of County Commissioners may condition the decision to approve the Special Review Permit upon implementation of such methods or techniques and may require sufficient performance guarantees to be posted with the COUNTY to guarantee such implementation. D. Upon the Board of County Commissioners making its final decision, a resolution setting forth that decision will 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. E. If the Special Review Permit is approved, the Board of County Commissioners shall arrange for the Department of Planning Services to record the Special Review Permit Plan map with the County Clerk and Recorder. Sec. 23-2=24Oo m Desugn 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. Adequate water service in terms of quality, quantity and dependability is available to the site to serve the USES permitted. 2. Adequate sewer service is available to the site to serve the USES permitted. 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 n 4-u-th such limitations can and will be mitigated. 4. Adequate fire protection measures are available on the site for the STRUCTURES and facilities permitted. 5. USES shall comply with the following stormwater drainage criteria requirements set forth in this code. Storm- ater-ret- tion facilities shall _ be—p-rovided on site which are designed to retain the stormwater runoff--fr-o-m the fully -developed site from a one hu-ndfr-or as otherwise required by th-e Department of Public Works. In the case of a LIVESTOCK .0.), waste -water co ection, conveyance ano retention LI 1 LC 11✓ Operation Control Regulations (5 C.C.R. 1002-19). b. The d r -a -in -age -facilities s i afl be d--sign-ed- to- releas-e-the-r-e-ta+n pater at -a q-ua ntity-a-n-d--Fate not -to exceed -the quantity and r-a4e-ef a fi-vc storm falling on; the UNDEVELOPED site- 6. All parking and vehicle storage shall be provided on the site.; any public right-of-way. An adequate parkin -area- I be provided to meet the parking needs of employees, Gem -pang vehicles; visite—is and customers- Parking and loading areas shall be designed and constructed in accordance with Division 1 of Article IV of this Chapter. 63 The USE shall comply with all the SETBACK and OFFSET Bulk Standards requirements of the zone district. 8. The access shall be located and designed to be safe; ingress and egress shall not present a safety hazard to the traveling public or to the vehicle accessing the property. For USES generating high traffic volumes and large number of large, slow -accelerating vehicles, acceleration and deceleration lanes may be required to mitigate a potential traffic hazard. 9. New accesses to public Fights -of -way PUBLIC RIGHTS -OF -WAY shall be constructed in accordance with this Code. ti -S4 ing as minimum standards: 9. Length of drainage structure - twcnty (20) feet. c. er over pipe —tom d. Width of access - fift e. Maximum grade of access - fifteen percent (15%). f. Flare radius - twenty (20) feet. g. Depth of surfacing - four (4) inches. Standards e required depending on me of 10. Buffering or SCREENING of the proposed USE from ADJACENT properties may be required in order to make the determination that the proposed USE is compatible with the surrounding USES. Buffering or SCREENING may be accomplished through a combination of berming, landscaping and fencing. 11. Uses by Special Review in the A (Agricultural) Zone District shall be located on the least prime soils on the property in question unless the applicant can demonstrate why such a location would be impractical or infeasible. uses 12. The placement of &i-g-n-s SIGNS on the site shall comply with the requirements of Article IV, Division 2 and Appendixes 23-C, 23-D, and 23-E of this Chapter, unless a waiver therefrom is requested in the application and granted by the Board of County Commissioners as part of the Use by Special Review Permit. Offsite signs SIGNS shall not be permitted through the USR permit process. 13. A Statement explaining that the trash collection areas or facilities shall be SCREENED from PUBLIC RIGHTS -OF -WAY and ADJACENT properties. These areas shall be designed and USED in a manner that will prevent wind- or animal -scattered trash. B. (Repealed) ¢ - cia Review Permit f rAJ FAC = A ved, the Pla T- arrange fi-ng Services to record the a -p -p priate Facilities Plan, Utility Line or Selected -Route Map with the -County Clerk -an -d -Recorder: Sec. 23-2-250. - Operation standards. An applicant for a Special Review Permit shall demonstrate conformance with the following operation standards in the Special Review Permit application to the extent that the standards affect location, layout and design of the Use by Special Review prior to construction and operation. Once operational, the operation of the USES permitted shall conform to these standards. A. The operation of the USES shall comply with the noise standards enumerated in Section 25-12-101 seq C.R S , et B. The operation of the USES shall comply with the air quality regulations promulgated by the Colorado Air Quality Control Commission. 64 C. The operation of the USES shall comply with the water quality regulations promulgated by the Colorado Water Quality Control Commission. D. The USES shall comply with the following lighting standards: 1. Sources of light, including light from high -temperature processes such as combustion or welding, shall be shielded so that light rays will not shine directly onto ADJACENT properties where such would cause a nuisance or interfere with the USE on the ADJACENT properties; and 2. Neither direct nor reelected light from any light source may create a traffic hazard to ooerat rs of motor vehicles on PUBLIC or private ST" EE _ I S/ROADS and no colored lights may be used which may be confused with or construed as traffic control devices. E. The USES shall not emit heat so as to raise the temperature of the air more than five degrees (5°) 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 W EDS. O. Any off -site and on -site Improvements Agreement shall be made in conformance with the County policy on collateral for improvements, as well as in conformance with Section 12-5-10 et seq., and the Engineering and Conctri ctio a Standard in Appendix 12-A. Saco 23=2-260. - Application requirements. A. —he purpose of the application is to give the petitioner an opportunity to demonstrate through written and graphic information how the proposal complies with the standards of this Chapter. The following supporting documents shall be submitted as a part of the application except for those items determined by the Director of Planning Services, in writing, or the Board of County Commissioners, on the record, to be unnecessary to a decision on the application: 1. 2. 3. A statement which explains that the proposal is consistent with Chapter 22 of this Code and any other applicable code provision or ordinance in effect. A statement which explains that the proposal is consistent with the intent of the district in which the LSE is located. A statement which explains that the USES which would be permitted will be compatible with the existing surrounding land USI _ S. 4r. A statement which explains that the USES which would be permitted will be compatible with the future DEVELOPMENT of the surrounding area as permitted by the existing zone and with future DEVEL•PME\ _ I as projected by Chanter 22 of this Coae and any other applicable code provision or ordinances in effect, or the adopted MAST R PLANS of affected municipalities. 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 Dr OVERLAY ZONING DISRICT or a pedal Flood u � rd Area SPECIAL FLOOD HAZARD AREA identified by maps officially adopted by the COUNTY. 6. A statement which explains 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 agricultural land in the locational decision for the proposed USE. 7. A statement which explains that there is adequate provision for the protection of the health, safety and welfare of the inhabitants of the \ EIGH BRH CD and the CU NTY. 8. The applicant shall provide a narrative or preliminary drainage study in accordance with the stormwater drainage criteria requirements of this code. 9. A narrative explaining how the LOT(S) will have safe access to an approved PUBLIC or private STREET/ROAD and a traffic narrative describing the projected number of vehicle trips (average per day, maximum per day, peak hour data) to and from the site and the type of vehicles (passenger, semi -truck, etc.). The design designation of a STREET/ROAD or highway as to type 65 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 TREETS/ROADS may be necessary to provide adequate safe and efficient transportation to and from the site. An Improvements Agreement may oe required. B. The following general information shall be submitted: 1. Name, address and telephone number of the applicants. 2. Name and address of the fee owners of the property proposed for the Use by Special Review if different from above. 3. Legal description of the property under consideration. 4. Total acreage of the parcel under consideration. 5. Existing land USE of the parcel under consideration. 6. Existing land USES of all properties ADJACENT to said parcel. 7. Present zone and erlay zones OVERLAY ZONING DISTRICTS, if appropriate. 8. Signatures of the applicant and fee owners or their authorized legal agent. 9. A certified list of the names, addresses and the corresponding Parcel Identification Numbers assigned by the County Assessor of the owners of property (the surface estate) within five hundred (500) feet of the property subject to the application. The source of such list shall be the records of the County Assessor, or an ownership update from a title or abstract company or attorney derived from such records, or from the records of the County Clerk and Recorder. If the list was assembled from the records of the County Assessor, the applicant shall certify that such list was assembled within thirty (30) days of the application submission date. 10. The written certification required by Section 24-65.5-103.3, C.R.S., if applicable. Such certification may be submitted on the date of the initial public hearing referred to in Section 24- 65.5-103(1), C.R.S. 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) Proposed LANDSCAPE plans. 13. The applicant shall submit to the Department of Planning Services a copy of an agreement with the mineral owners associated with the subject property. Such agreement shall stipulate that the oil and gas activities on the subject property have been adequately incorporated into the design of the site, OR shall provide written evidence that an adequate attempt has been made to mitigate the concerns of the mineral owners on the subject property. 14. The applicant shall submit signed copy of the notice of inquiry form demonstrating that the IGA municipality does not wish to annex if required by the IGA. 15. A proposed plan for installation of desired following the standards set forth in Chapter 23, Article IV, Division 2. 16. A Certificate of Conveyances form provided by the Department of Planning Services and completed by a Title Insurance or Abstract Company. 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. Type of USE for which the application is being made. 2. Proximity of the proposed USE to residential STRUCTURES. signs SIGNS 66 3. The number of shifts to be worked and the maximum number of employees. 4. The maximum number of users, patrons members, buyers or other visitors that the use by special review facility is designed to accommodate at any one (1) time. 5. Types and maximum numbers of animals to be concentrated on the site at any one (1) time. 6. Types and numbers of operating and processing equipment to be utilized. 7. Type, number and USES of the proposed STRUCTURES to be erected. 8. (Repealed) 9. Domestic ti sSewage facilities. 10. Size of stockpile, storage or waste areas to be utilized. 11. Method and time schedule of removal or disposal of debris, JUNK and other wastes associated with the proposed USE. 12. A time table showing the periods of time required for the construction of the operation. 13. Proposed LANDSCAPE plans. 14. Reclamation procedures to be employed as stages of the operation are phased out or upon cessation of the Use by Special Review activity. 15. A statement delineating the need for the proposed USE. 16. A description of the proposed fire protection measures. 17. Such additional information as may be required by the Department of Planning Services, the Planning Commission or the Board of County Commissioners in order to determine that the application meets the requirements of this Chapter and the policies of Chapter 22 of this Code. D. Special Review Permit Plan Map. -Type, size, we4h-t nd r ue 3n cy c4 veh-isu l -a r traffic a n -d aGce ss a-t-wi l I be 1. The map shall be delineated on Mylar or other drafting media -re---p-roducible material approved by the Department of Planning Services. 2. The dimensions of the map shall be thirty-six (36) inches wide by twenty-four (24) inches high. 3. The Special Review Permit Plan Map shall include certificates for the property owner's signature, the Planning Commission, the Board of County Commissioners and the Clerk to the Board. The required content of the certificates is available from the Department of Planning Services. 4. Vicinity Map. A vicinity map shall be drawn on the Use by Special Review Permit Plan Map. a. The scale of the vicinity map shall be one (1) inch equals two thousand (2,000) feet or at another suitable scale if approved by the Department of Planning Services. b. The vicinity map shall delineate all of the required information within a one-half (1,4) mile radius of the property proposed for the Use by Special Review. c. The following information shall be shown on the vicinity map: 1) Section, township and range. 2) Scale and north arrow. 3) Outline of the perimeter of the parcel proposed for the Use by Special Review. 4) The general classifications and distribution of soils over the parcel under consideration. Soil classification names and agricultural capability classifications shall be noted in the legend. 5) Locations and names of all -reads STREETS/ROADS, irrigation ditches and water features. must 67 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 d1 -vision SUBDIVISION outlines and names, and the boundaries of any ADJACENT municipality. 7) Any other relevant information within a one -half -mile distance of the perimeter of the property proposed for the Use by Special Review as may be reasonably required by the COUNTY to meet the intent and purpose of this Chapter. 5. Plot Plan. A plot plan of the Use by Special Review area shall be drawn on the Special Review Permit Plan Map. a. The scale of the plot plan shall be one (1) inch (1") equals one hundred (100) feet X0-9) or at another suitable scale if approved by the Department of Planning Services. b. The plot plan shall outline the Boundaries boundaries of the 7 arcel 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 LOT, as well as within the area LOT itself; it shall also include the proposed features and STRUCTURES of the Use by Special Review: LOT 1) All public rights -of -way PUBLC RIGHTS -OF -WAY of record (including names). 2) All existing and proposed STRUCTURES. 3) All utility easements or rights -of -way for telephone, gas, electric, water and sewer lines. 4) Irrigation ditches. 5) Adjacent property lines and respective owners' names (may be shown on vicinity map instead). 6) All hydrographic features including streams, rivers, ponds and reservoirs (including names). 7) Topography at tw-eten-foot contour intervals or at intervals as determined necessary by the Department of Planning Services. 8) Location of 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 scientist for the USES and associated STRUCTURES proposed for the parcel. 9) Location and design of stormwater management devices or STRUCTURES. 10) Complete traffic circulation and parking plan showing locations and sizes. 11) Location, amount, size and type of any proposed LANDSCAPE material, including fencing, walls, berms or other SCREENING. 12) Location of any flood hazard SPECIAL FLOOD HAZARD AREA, GEOLOGIC HAZARD AREA or mineral resource areas. 13) The location of anygn- SIGN requiring zoning approval. Distances from property lines shall be indicated. 14) Such additional information as may be reasonably required by the Department of Planning Services, the Planning Commission or the Board of County Commissioners in order to determine that the application meets the requirements of this Chapter, the policies of Chapter 22 of this Code and any other applicable code provision or ordinance in effect. E. Supporting Documents. The following supporting documents shall be submitted as part of the application: 1. Where -n authorized !ems-a-gsnt for the fee owners, a le of-attor-n-ey--te the he owners must be provided. If an authorized agent signs, a letter 68 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. Proof that a water supply will be available which is adequate in terms of quantity, quality and dependability (e.g., a well permit or letter from a water district). F Copy of the deed or legal instrument by which the applicant obtained u nder consideration. an interest in the property 4. A noise report, unless waived by the Department of Planning Services, documenting the methods to be utilized to meet the applicable noise standard. 5. A soil report of the site prepared by the Natural Resource Conservation Service or by a soils e ngineer or scientist. In those instances when the soil report indicates the existence of moderate o r severe soil limitations for the USES proposed, the applicant shall detail the methods to be employed to mitigate the limitations. 6. (Repealed) -1-f-applicabl-e n Impro'sm -ent executed by the applicant. This agree -me -11 shall be in aecor- .-ace wi-t-h- d--o-ourer -for-co14ateraI for impry ems, as well as in conformance with Se-etiio 1-2 ' t seq., and —the Engineering and Con-st-ruction Standard e - ndix 12-A. For a RESIDENTIAL THERAPEUIC CENTER, submittal of a report demonstrating the need for the facility; data about the background, experience and financial capacity of the proposed operator; applicable licenses; and analysis of the impact of the facility to the area and any other information relevant to evaluating the compatibility of the proposed facility. The County may waive or modify these requirements, particularly if there is a risk of harm to the future occupants (e.g., case of a domestic violence shelter). in the (Repealed) Photo Mefohan-ia-I Transfer -1 RMT), _ 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. Sec. 23=2=270n o Development standards. An applicant for a Special Review Permit shall demonstrate conformance with and shall continue to meet any DEVELOPMENT STANDARDS approved and adopted by the C o -y COUNTY. The EVELOPMENT S ADARDS shall be placed on the Special Review Permit Plan Map prior to recording. Noncompliance with any of the approved DEVELOPMENT STANDARDS may be reason for revocation or suspension of the special review permit by the Board of County Commissioners. Civil penalties in lieu of a suspension may also be imposed with the express prior agreement of the applicant. The availability of these remedies in no way limits the Board of County Commissioners from seeking or applying any other remedies which are available for noncompliance with the -develooment stanca s DEVELOPMENT STANDARDS. Sec. 23-2-280. - Changes to a Spec Revoew Perim L A. Any approved Special Review Permit shall be limited to the items shown on the Special Review plan map and governed by the DEVELOPMEN— STANDARDS. Major changes from the approved Special Review Plan Map or DEVELSPMEN— S ANDARDS for the Special Review Permit shall require the review of an amendment to the permit by the Planning Commission and approval by the Board of County Commissioners before such changes from the plan map or DEVE_OPMENT STANDARDS are permitted. The Department of Planning Services is responsible for determining whether a major change exists. Any other changes shall be filed with the Department of Planning Services with the approved Special Review Permit. a 69 B. Any decrease in the land m -a -F) -s area occupied by a Use by Special Review Permit shall qualify the landowner to be able to request a partial vacation of the Use by Special Review from the Board of County Commissioners, permitting the following: I I _ he subject property under consideration for a partial vacation of the Use by Special Review has received permission to release the property from the permit from applicable County and State agencies. An example would be the release of a portion of a gravel mining operation from the Colorado Division of Mining Reclamation and Safety at the completion of the reclamation activities on the subject property. Evidence of such release shall be provided to the Department of Planning Services with the request to vacate such portion of the property. 2. The partial vacation process defined herein does not create separate parcels. 3. To obtain a partial vacation of the Use by Special Review permit, the applicant shall: a Submit a letter to the Department of Planning Services requesting the partial vacation. b. Submit a revised Use by Special Review p -1 -a -t map to the Department of Planning Services illustrating the vacated portion of the property and the existing permit. The revised shall include a note stating that the partial vacation does not create separate parcels. Upon determination of compliance with the original Lse by Special Review permit and all applicable applications, this Chapter and Chapter 29 of this Code, by the Department of Planning Services, the applicant shall be granted a partial vacation of the Use by Special Review permit. p- + map 5. Once approved, the applicant must shall submit a - d map conforming to Subsection 23-2-260.D of this Code. This plat map shall illustrate the vacated portions of the property/operation. The map shall contain two (2) vicinity maps. The first shall illustrate the use boundary prior to the partial vacation. The second shall illustrate the use boundary after the partial vacation. C. The applicant shall submit the draft map for preliminary approval to the Department of Planning Services in electronic (.pdf) format. Upon approval of the draft map, the applicant shall submit a final map for recording, along with all other documentation required as conditions of approval. The map shall be delineated in nonfading permanent black ink on Mylar or other drafting media approved by the Department of Planning Services. The map shall bear original signatures and seals in permanent black ink. Upon completion of all conditions of approval, the map shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The applicant shall be responsible for paying the recording fee. The conditions of approval shall be met and the map recorded within one hundred twenty (120) days from the date the resolution was signed. If the map has not been recorded within one hundred twenty (120) days from the date the resolution was signed, or if an applicant is unable to meet all of the conditions within one hundred twenty (120) days of approval, the applicant may request an extension from the Director of Planning Services. The Director of Planning Services may grant a one-time extension of up to one hundred twenty (120) days, for good cause shown, upon a written request by the applicant. Before this extension has expired, the applicant may seek a further extension from the Board of County Commissioners by written request to the Director of Planning. If the Board of County Commissioners denies the extension or if the conditions are not met and the map recorded by the date specified by the Board, the approval shall be voided, and the application denied. Sec. 23=2-2.85 - Minor amendments. A. Minor amendments to any approved Use by Special Review and SPECIFIC DEVLLOPMEN T 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 ,`: v,_: aferianne-n DEVELOPMENT application, as amended, continues to comply with these standards and regulations, at least to the extent of its original compliance. The Planning Services Director's approval must shall be in writing and contain findings of fact. The decisi-on of the -1 _ l-a-n-n-i g Services D- e for may -be appeal o n- o -rd of -must p4 pursuant -to Article VI of --this Ch-apter. [[< SITE A-�-I a p p I i cado n s-wil-l--h-ave fi n o t ngn-j-o-f repa red by -staff -for a--1 - -r ,gym-en-dme-n a p rea p -p i-ca'ta-o --meeting , Notffieation to n c dos within f ive h- -n, -zed (500) feet-o-f-the-pop-e-rty shall -be 70 maile4i-The fee fora minor amendment is listed4n the fee schedule, 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 fie- -pmen l -a -n SITE SPECIFIC DEVELOPENT PLAN. To approve a minor amendment, the Planning Services Director cn shall consider the following review criteria and find that each criterion has been met or determined to be inapplicable: 1. The proposed changes will be compatible with existing and allowed use -s in the surrounding area and be in harmony with the ce-i-g-h-beF1-2hoocl NEIGHBORHOOD. 2. The proposed changes are consistent with the Comprehensive Plan pursuant to Chapter 22 of this Code. Fat USES 3. The proposed changes will not result in a substantial adverse impact on other property in the vicinity of the subject property. 4. The recommendations of referral REFERRAL agencies have been considered. 5. The proposed change is not deemed to be a major change. 6. The proposed changes must shall be consistent with the original DEVELOPMENT STANDARDS. d eve to pm-e-n-t--artd e� 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, staff shall: 1. Arrange for legal notice of said hearing to be published in the newspaper designated by the Board of County Commissioners for publication of notices at least ten (10) days prior to the hearing. 2. Give notice of the application and the public hearing date to those persons listed in the application as owners of property located within five hundred (500) feet of the parcel under consideration. Such notification shall be mailed, first-class, not less than ten (10) days before the scheduled public hearing. Such notice is not required by state statute and is provided as a courtesy to surrounding property owners (the surface estate). Inadvertent errors by the applicant in supplying such list or the Department of Planning Services in sending such notice shall not create a jurisdictional defect in the hearing process, even if such error results in the failure of a surrounding property owner to receive such notification. 3. Post a sign on the property under consideration in a location readily visible from the adjacent PUBLIC STREET/ROAD RIGHT-OF-WAY. The sign will be posted at least ten (10) days preceding the hearing date for the Board of County Commissioners' hearing. In the event the property under consideration is not adjacent to a PUBLIC STREET/ROAD RIGHT-OF-WAY, a second sign at the point at which the driveway (access drive) intersects a PUBLIC STREET/ROAD RIGHT-OF-WAY will be posted. The sign posting will be evidenced with a photograph. E. (Repealed) Purpose. The-purpo-s-e-ef this Section is Y to thy' p -p ptca-n��g •� rd i-p-. � 6� .,..� t V t LI' t E.. the-S#e Specific Development Plan ac ,4 -U -s e a eWe -P,e rm it prows --s- (Repealed)f---tent and Applicability. The purpose of thiprovide general information _ to —a a-p-pI-i --a-bo-u4 the minor a -m e n-d-m-e-nt-a pp I icatie-n-process . I -t -is -not intended -to -be --a u bs• tu4e fort — e sp-euifi-c requirements of -this Divi on. It is the responsibility of the applicant to be kn led eatte-of the s-pGicrquireme ---of this Divi-sion, for the minor a- -en-dnent anti rip oc-e-ss. T h -e De -par r� Rt-of Planning Ser-yes-- is —re -• 1-e— reviewing —and processing the a -o licatia-n--in acoordRce with Section 23-2-280-5- “leis Gods. 71 O Preapplication Conference. It shall be at the discretion of the Department of Planning Services to determine if a preapplication conference is necessary to meet with the applicant and discuss information pertaining to the amendment. The standard preapplication form shall be used. H (Repealed) Sign Posting. T -h -,e Department of PI-anns_ cervices wa la or -providing and i ig n the prr'1 rty iun er r d r ion in a catiorythe ade-adyaGeint publica'iy maintained roa a-y�e-peed at leastday re -tn l4ea ng date-fei:42e Board of County event thproperty u-Rder consideration -n-tained road right -of way, a seronc sign at the poet at which -the b4 -maintained road right-of,d. The sig-n- pos4i--rig will be evinced with a photGg a. , Investigation 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 e USE is started without a Minor Amendment Special Review permit. The payment of the investigation fee shall not relieve any persons from fully complying with the requirements of this Chapter, nor from any other penalties. J Application Requirements: 1. One (1) original application form (additional copies may be required, on request of the Department of Planning Services). 2. One (1) copy of the Special Review ial-at 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 plat map 4. One (1) digital or electronic copy of completed application materials, if required. 5. One (1) original minor amendment questionnaire. 6. One (1) original Access Permit Application Form, if required. Clearly indicate all existing and proposed accesses (residential, agricultural, oil and gas, ditch, etc.). 7. One (1) copy of the deed or legal instrument identifying the applicant's interest in the property. 8. One (1) copy of the document showing evidence of adequate water supply (e.g., well permit or letter from water district). If using a well please complete the Water Supply Information Summary, which is available from the Department of Planning Services. 9. One (1) copy of the document showing evidence of adequate sewage disposal (e.g., septic permit or letter from the sanitary sewer district). 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 12. Application fee. 13. Investigation fee, if required (fifty percent [50%] of the permit fee). 14. Additional information as may be required by the Department of Planning Services and other Departments or the Board of County Commissioners in order to determine that the application meets the requirements of this Chapter and the policies of Chapter 22 of this Code. (Repealed) Notice of I nq---i- f loco= ergovernmm ent-al P -r - m -em Or -GP) 15. (Repealed) Special R- c additional pa 1-1.0-0-] for thei-rst p -age -p l -u- te-s 72 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 Explain, in detail, the proposed amendment to the property. 2. Explain how this proposal is consistent with the intent of the Comprehensive Plan, pursuant to Chapter 22 of this Code. 3. What type of use -s USES surround the site (explain how the proposed use is consistent and compatible with surrounding land uses USES). 4. Describe, in detail, the following: a. Number of people who will use this site. b. Number of employees proposed to be employed at this site. c. Hours of operation. d. Type and number of structures STRUCTURES to be erected (built) on this site. e. Type and number of animals, if any, to be on this site. f Kind of vehicles (type, size and weight) that will access this site and how often. g. Who will provide fire protection to the site. h. Water source on the property (both domestic and irrigation). i. Sewage disposal system on the property (existing and proposed). j. If storage or warehousing is proposed, what type of items will be stored. k. Explain how the stormwater drainage will be handled on the site. I. Explain where storage and/or stockpile of wastes will occur on this site. L S+�fic ment Pla-n SITE SPECIFIC DEVELOPMENT PLAN and Use By Special Review (USR) Map Requirements: 1. Vicinity Map Requirements: a. One (1) inch equals two thousand (200) feet scale (1" = 2000') or other scale approved by the Department of Planning Services. b. Delineation of the following required information within a one -half -mile radius of the property proposed for the Use by Special Review. c. Section, township and range. d. Scale and north arrow. e. Outline of the perimeter of the parcel proposed for the Use by Special Review. f. The general classifications and distribution of soils over the parcel under consideration (soil classification names and agricultural capability classifications must shall be noted in the legend). g. Locations and names of all roads STREETS/ROADS, irrigation ditches and water features. h. Location of all residences within a one -half -mile radius, existing and proposed accesses to the property, any abutting subdivision outlines and names, and the boundaries of any adjacent municipality. 2. Plot Plan Requirements: a. One (1) inch equals one hundred (100) feet scale (1" = 100') or other scale approved by the Department of Planning Services. 73 b. Outline of the boundaries of the parcel being considered for the Use by Special Review. c. Location and identification of all of the following items which exist within a two -hundred -foot radius of the perimeter of the property for the Use by Special Review. d (Repealed) , ehe r ,gas. -ti-Gya-r- Q4sew- ines e Existing and proposed f. Utility easements or rights -of -way for telephone, gas, electric, water and sewer lines. g. Adjacent property lines and respective owner's names (may be shown on vicinity map). h. Irrigation ditches (including names). i. All hydrographic features, including streams, rivers, ponds and reservoirs. j. Topography at 1:4Pa-ten-foot contour intervals or at intervals as determined necessary by Planning Services. k. Location of areas of moderate or severe soil limitations. I. Location and design of storm water management devices or t_ -ctare-s STRUCTURES structu,ces STRUCTURES m. Complete traffic circulation, access and parking plan showing locations and sizes of features. n. Location, amount, size and type of any existing and proposed landscaping, fencing, walls, berms or other een1n-g SCREENING. o. Location of any good ,h -award SPECIAL FLOOD HAZARD AREA, GEOLOGIC HAZARD AREA or mineral resource areas. p. Plat Certificate Signature Blocks for Property Owners, Planning Commission and Board of County Commissioners. alog -7 PIT clic q. Affidavit of Interest of Owner's Surface Estate. r. Water Supply Information Summary. s. Access Permit. t. Any other relevant information about the property as may be reasonably required by the County to meet the intent and purpose of this Chapter. M. The applicant shall submit the draft map for preliminary approval to the Department of Planning Services in electronic (.pdf) format. Upon approval of the draft map, the applicant shall submit a final map for recording, along with all other documentation required as conditions of approval. The map shall be delineated in nonfading permanent black ink on Mylar or other drafting media approved by the Department of Planning Services. The map shall bear original signatures and seals in permanent black ink. Upon completion of all conditions of approval, the map shall be recorded in the office of the County Clerk and Recorder by the Department of Planning Services. The applicant shall be responsible for paying the recording fee. The conditions of approval shall be met and the map recorded within one hundred twenty (120) days from the date the administrative review was signed. If the map has not been recorded within one hundred twenty (120) days from the date the administrative review was signed (or from the date the resolution was signed, if approved by the Board of County Commissioners), or if an applicant is unable to meet all of the conditions within one hundred twenty (120) days of approval, the applicant may request an extension from the Director of Planning Services. The Director of Planning Services may grant a one-time extension of up to one hundred twenty (120) days, for good cause shown, upon a written request by the applicant. Before this extension has expired, the applicant may seek a further extension from the Board of County Commissioners by written request to the Director of Planning. If the Board of County Commissioners denies the extension or if the conditions are not met and the map recorded by the date specified by the Board, the approval shall be voided, and the application denied. 74 Sec. 23-2-290. = Termina on of use. A. Construction or USE pursuant to approval of a Use by Special Review Permit shall be commenced within three (3) years from the date of approval, unless otherwise specified by the Board of County Commissioners when issuing the original Permit, or the Permit shall be vacated. The Director of Planning Services may grant an extension of time, for good cause shown, upon a written request by the landowner. B. A Use by Special Review shall terminate when the USE is discontinued for a period of three (3) consecutive years, the USE of the land changes or the time period established by the Board of County Commissioners through the approval process expires. The landowner may notify the Department of Planning Services of a termination of the USE, or Planning Services staff may observe that the USE has been terminated. When either the Department of Planning Services is notified by the landowner, or when the Department of Planning Services observes that the USE may have been terminated, the Planner shall send certified written notice to the landowner asking that the landowner request to vacate the Use by Special Review Permit. C. (Repealed)Special Review here the la--n-downer does not respond, after original certified written notice, and after a secon-d-written certified ha -ice sent no sooner than thirty (30) -days of -e-rth e ma+l+n-g-e-f the first -notice, then the Special Use Permit -m -ay -a -1 so be vacated administratively- 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 meeting hearing shall be scheduled with the Board of County Commissioners to provide the landowner an opportunity to request that the Use by Special Review Permit not be vacated, for good cause shown. The landowner shall be notified at least ten (10) days prior to the hearing. If the Board of County Commissioners determines that the Use by Special Review has terminated and no good cause has been shown for continuing the permit, then the termination becomes final and the Use by Special Review Permit is vacated. E. County staff shall draft a Board resolution setting forth the determination that a Use by Special Review is terminated. Record of such action and a copy of the resolution will be kept in the files of the Clerk to the Board. The Board of County Commissioners shall arrange for the Clerk to the Board to record the resolution. F. (Repealed) Use -by Special Review Permit Plan Mass. Termination of a use shall altew the Use by Spe-vial-Re w —Permit and the Use by Special Review Permit —Rata to be administratively vacated from County documents. If a Use by Special Review Permit Plan � aI R-eveew Jerm was revoz.ec cue ! noncompliance wit -h, ,e 4p- r-D-EVEL.OPMENT STANDARDS, the -vacation shag, ---be processed -as described -4n Section 23-2-270 alaeva a partial vacation is pro-posec because of a decrease in the land -mass, it shall be processed as described k4 Subsection 23-2-280.B above. Division 5 - Special Review Pewits for Sec. 23-2-300. o Applicability. \; as or Facilities of Public Utility or Public Agency A. The regulations contained herein shall apply to all new site selections of MAJOR FACILITIES OF PUBLIC UTILITIES OR PUBLIC AGENCIES within the unincorporated lands of the COUNTY subsequent to the adoption of the ordinance codified herein. These regulations shall also apply to any expansion, enlargement or extension of MAJOR FACILITIES OF PUBLIC UTILITIES OR PUBLIC AGENCIES after the adoption of the ordinance codified herein. These regulations do not apply to those MAJOR FACILITIES OF A PUBLIC UTILITY OR PUBLIC AGENCY which are subject to the regulations regarding Areas and Activities of State Interest set forth in Chapter 21 of this Code. Any proposed MAJOR FACILITIES OF A PUBLIC UTILITY OR PUBLIC AGENCY which requires a Special Review Permit and which is initiated by a general purpose local government, the State, United States government, special district or authority created under the provisions of the laws of the State or any PUBLIC utility whether publicly or privately owned, shall require review and approval by the Planning 75 B. C Commission only. The failure of the Planning Commission to take action on the application within thirty (30) days after the official submittal of the application for said DEVELOPMENT or USE shall be deemed an approval of the application unless the agency submitting the application is granted an extension of the thirty -day review period. If the Planning Commission disapproves an application for a Special Review Permit for said DEVELOPMENT or USE, the Planning Commission's disapproval may be overruled by the jurisdictional body or official making the application. The Planning Commission's disapproval may be overruled by said body by a vote of not less than a majority of its entire membership or by said official. MAJOR FACILITY OF A PUBLIC UTILITY is determined to be an area or activity of state interest. (See Chapter 21.) (Repealed) The applicant s-h-a4-i submit ee-(-3-) paper coai -ef th n -tg ,l, pn -n-ary approv alto 44e oa,,-gament of- Plat ning ices. Upon approval _ of —.e pa -9 :r nofees h -e ar i-o-a- t s.ha ° s A4-1 Th—a a � -i-� AIR -all -other "o , - �� a -comic d n a p Inc , The Ir 4 t h -a4. 7 6 voJr td b, � nl � i3 "u �: k� a '^Ja.5 �'Y d,.• u � L'�;+��g� �i PO- '�-�.�� `i,U t � g b tae _ re rd e d in the office rf h u -n -t -y -CJ- e -o -r e r The -pat -shall at-shalI be prepared-: ac-fInce with the- � .� :. The M y 1 a r olat _ and a -e -d-44 n a-l-req u;t me s h-a-i b& --recorded— th-1n-- Ea u t � d- -ant ( ) days from -the date -of -tie Board of County Cornmissione resOl� o �� - kea1 -�aib ce -sible for paying the -Fecal Rev4ew (USR)--pJsa `RaWa en eco within o e hundred twenty (t - -t e ateea • as -d -o -f County Co mim- € -c - .r -s --,e so[u44 n1 aec-ifi1-th--ice a -rd -o (� t ,I' � r2 3 rr Jr, Brd-PP s - .1 c- Pre-iand-eAR° 9 -9 -p -ear a r befofe w -e -se n t cv i e r ce su bsta nti a i- aa- h�� yAG-a4-Rev1ew- USR has not been abandoned a -d -that t h e applicar;- -p.—&- s--�s-t:h-e To -r c -or g the Jso,---by T h-2 c-VI�fb7 irThr l' �`Q f° !mil p 1 the -plat. , the Boas -a n e s that con cry-i-fa s up p rti n g the -o ri g n a af-the . ° c -p= --; Review ( S -R) plat ca -n -n t-oe met, the B o ar-rd may, _ after, public hearing, --r i k 4t c —U e p/ (4 Sec. 23-2-330. - Duties of Department of Planning Services. A. Any person wanting to apply for a Use by Special Review shall arrange for a preapplication conference with the Department of Planning Services. The Department of Planning Services shall be responsible for processing all applications for a MAJOR FACILITY OF A PUBLIC UTILITY OR PUBLIC AGENCY in the unincorporated area of the County. The Department shall also have the responsibility of ensuring that all application submittal requirements are met prior to initiating any official action as listed below. B. Upon determination that a submitted application is complete, the staff of the Department of Planning Services shall: 1. Refer the application to the fel-lowing applicable agencies listed in Appendix 23-G, as determined; w =:-deecn 4' ioab�k. by the Department of Planning Services or re-Sa-R4J com-m -e: m. The aen ies named s -h -al -=respond witht ; wenty-eight (28) dews afE - m- riM- ng of the ap-a ,i i i- n by the COUNTRY. The failure of any agency to respond within twenty-eight (28) days may be deemed to be a favorable response to the proposal. Such are, en -c =sma-sq s4 -a 4 - e g e a '' t:f a r s o -$ e a r� a t oval by --t , .� � 2 C_� r F fe S irA a� �_ a �, r•.� rt��, � �v�� v,;-`•�.� d �.�:� r�� i��-e a .N.... ��-u u � ��-�� o � a v�t�� .r�� ';�—v—.: The reviews and comments solicited by the COUNTY are intended to provide the COUNTY with information on the proposal. The Planning Commission may consider all such reviews and comments and may solicit additional information if such information is deemed necessary. The reviews and comments submitted by a referral REFERRAL 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 -pt 9 - g - se sboundari s are within tk e ) of the proposed —site or if p�an�aa O^ rtmen4 of Pu lic Works. '. within any town's comps e i L 76 Colora e eon -q4-c-a--S-urAf-c -Colorado Depa 4 ec t of T- , n--sp-o _ rtati-on g Any irrigation dice oo d-ai-enT 4-h-4ac-il--i -ies within or ADJAC to the s': -e un�,49r i-ei-ty Gem pan-ie s With u n de rg round -9-i n es which-m4h be ofte c ted-b-y D E LOP -MEN T. S pac-' p a a ep 4ce d Sta ----E n -g1 nee-D;'4&en--e-� g ate r Resou-aces- k. N-atu-rat-R e Coq-servate e-RiireeT 1. A. i --o-th e y -a -g e nei-e- r 1 L i-ew-t h-e--D-e pa -4t -m -e n e e e —G- -s s -a r . 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 ce 4 REFERRAL agencies. 3. Set a Planning Commission hearing date. 4. An applicant may conduct a Neighborhood Meeting with area landowners. Such meeting is not required, but may be suggested by the Planning Services staff to encourage communication between a land use applicant and the neighbors. 5. 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. 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 Major Facility 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 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 .>- e r t9e!in-vs ELECTRIC TRANSMISSION LINE projects, notice of application shall be given for surface property owners for five hundred (500) feet on either side of the centerline of the proposed preferred alignment, and to interest holders (excluding mineral interests) in any real property proposed to be physically disturbed or crossed by the activity or dev le -pm r4't DEVELOPMENT which is the subject of the application. Such notification shall be mailed, first-class, no less than ten (10) days before the scheduled public hearing. Such notice is not required by state statute and is provided as a courtesy to surrounding property owners (the surface estate). Inadvertent errors by the applicant in supplying such list, or the Department of Planning Services in sending such notice, shall not create a jurisdictional defect in the hearing process even if such error results in the failure of a surrounding property owner to receive such notification..-=i addition, app-I1cants-Lea-e4eetric TRAWS �11,I--S-S1QN LINEor P PELiNE which is more than one (1)-m-Ie in Le-, th--s-he advertise once in the r ;wsoaaper design to U Gmm► sinner -s ar p ica 1A-on-ef netioes a minim -urn of ten (10) days -prior to the heap -n-g date. The advertisenne-nt shall cojn-t-a4 , map d 4 - rod and a-4te rnra-t-k- ro h -ea i -ti m -e, _ date and locat-ien-- 7. (Repealed) A e pl i c an -t -s -for an el eet-n c" A N -S -M E or -gas P P E L I N -E -‘00 -h -ins more -than one- (1) mile -in length shall athecti-s-e the -hearing a 16a t-ennGe hi -the newspaper-designated--b-y the-Baena -of County Corn-missioners far- publication of notice --s _ a minimum of ten (10) days prior the hearin -date. Trio advertisement -d-isplaying the propose° alternative coutras, along with -a -description of the hearing time --e hd loom iron . 77 8. (Repealed) Refer the application to the fol4owin-g agencies, when dea e, cable by the Rl-a-nning Services, for review and comment. The agencies -named small respond ht -(28) -days -aft f the application by the COUNTY. The failure -of twenty-esght «R) da„s e--dee ,ed to be---a-favorable response to th, d ado itional time for review of such proposals upon approval by the Director of Planning Services. The reviews ar d comments solicited by the COUNTY are intenceo to orovice tie COUNTY witi infor The Planning onsider all su additional information if such i-n-formation is deemed Fe - +t the COUNTY. a. _ of the proposed -S planning area. ents and may solicit ie s -and comments ons to the COUNTY. The authority--a-nd •-osal rests with the fficials of qty whose boundaries a -re within three (3) miles Decal - men 0 Pu 3 is ea a, nc Environment. c. Department of Public Works. d Co orado Geological Survey. e. Colorado Depa g. Any irri h-ens-ive ompany with facilities within or ADJACENT to th sib u--n- consideration. h. U4itity companies r j. State Engineer, Division of Water Resources. k. N-a-tal Resource Conservation S e rv4c-e, necessary. 9. (Repealed) Prepare an e review the Depa deems recommendations for presentation at the Planning :ion, its conformance \) referral agencies. Sec. 23-2-370. - Application requirements. An adequate number of copies of the application for a Special Review Permit shall be submitted by the applicant to the Department of Planning Services. An application for a Special Review Permit shall contain the following information in such form as prescribed by the Department of Planning Services: A. The applicant's name and telephone number. S. Address of the applicant and general OFFICE. C. Summary statement of the project, to include when applicable: 1. Source, capacity, destination and type of facilities, support STRUCTURES, lines, etc., involved. 2. Number and description of alternative locations or routes considered, with a summary emphasizing reasons for favoring a particular site or route. 3. Procedures, including reclamation measures, landscaping, buffering techniques or multiple uses, to be employed in efforts to mitigate any adverse impacts. 4. Size of the anticipated work force, both temporary and permanent. 78 5. A summary of the proposed water requirements, if any, to include the quality and quantity needed for each USE, source, storage facilities, points of diversion, treatment system and distribution system. 6. A summary of the proposed fuel requirements, if any, to include the type and quantity needed, source and storage facilities. 7. A description of the location and method of disposal of all forms of waste. D. A detailed report shall be submitted which includes information on the following items: 1. A complete description of the facilities, including the source, capacity, destination and type of structures. 2. A complete analysis of the alternative routes or sites considered, to include in each case: a. Reasons for consideration. b. Types of agricultural and other land USES affected. c. Construction cost of the proposed alternatives. d. Impacts on mineral resources. e. Impacts on wildlife habitat. f. Impacts on historical, archaeological and scenic resources. g. Visual impacts created by aboveground facilities. h. A description of any GEOLOGIC or FLOOD HAZARDS which could adversely affect the DEVELOPMENT. i. Advantages and disadvantages of the alternatives considered. j. The applicant shall submit to the Department of Planning Services a copy of an agreement with the mineral owners associated with the subject property. Such agreement shall stipulate that the oil and gas activities on the subject property have been adequately incorporated into the design of the site, OR shall provide written evidence that an adequate attempt has been made to mitigate the concerns of the mineral owners on the subject property. k. The applicant shall submit to the Department of Planning Services a copy of an agreement with the owner of any ditch located on or adjacent to the site, OR shall provide written evidence that an adequate attempt has been made to mitigate the concerns of the ditch owners. The agreement shall stipulate that ditch activities have adequately been incorporated into the design of the site. If such agreement cannot be reached, the applicant shall present evidence that an adequate attempt to reach such agreement has been made. 3. A description of the preferred alternative route or site and reasons for its selection. 4. Procedures to be employed in mitigating any adverse impacts of the proposed routes or sites. 5. An outline of the planned construction and operation schedule, to include the number of stages and timing of each. 6. Information of any public meeting conducted, to include the location, date, time, attendance and method of advertising. 7. A description of the hazards, if any, of fire, explosion and other dangers to the health, safety and welfare of employees and the general PUBLIC. 8. A description of emergency procedures to be followed in case of a reported failure or accident involving the proposed facility. Such outline shall include actions, if any, required of PUBLIC officials, including fire and police officials, and the names and telephone numbers of appropriate company officials to notify if an accident or failure should occur. 9. A description of the method or procedures to be employed to avoid or minimize the impacts on irrigated agricultural land. 79 10. A discussion of how the proposal conforms with the guidelines of Chapter 22 of this Code and any other applicable code provision or ordinance in effect. 11. A discussion of the proposal for maintenance of the facility so as to prevent dust, soil erosion and the growth of NOXIOUS WEEDS. 12. A drainage report outlining the method of preventing surface runoff from exceeding the historical flow. 13. A Decommissioning Plan. Adequate financial assurance to cover the decommissioning of the facility may be required as a condition of approval of the Decommissioning Plan. 14. Additional information required for ELECTRIC TRANSMISSION LINES: a. A discussion of the feasibility of utilizing any existing utility line corridors. b. A list of the names and addresses of the utility and pipeline companies which have existing underground utility lines underlying the alternative routes. 15. Additional information needed for POWER PLANT site proposals: a. Detailed information concerning water requirements, to include the quality needed for the USE, source, storage facilities, point of diversion, treatment system and distribution system. b. A description of the type of transportation facilities needed to service the facility. c. An outline of the types and numbers of operating and construction equipment to be employed. d. A discussion of the proposal for providing TEMPORARY and permanent housing to accommodate the work force. The description shall outline the number, type and location of the BUILDING dwellings. e. A letter from each utility company indicating its intention and ability to serve the development DEVELOPMENT. f A list of the names and addresses of all the local governments and special districts which would be affected by the DEVELOPMENT and a statement of the anticipated overall impact on local governments and special district service capabilities, including: education, police protection, fire protection, water, sewer, health services and road STREET/ROAD maintenance services. g. A certified list of the names, addresses and the corresponding Parcel Identification Number assigned by the County Assessor of the owners of property (the surface estate) within five hundred (500) feet of the property subject to the application. The source of such list shall be the records of the County Assessor, or an ownership update from a title or abstract company or attorney, derived from such records, or from the records of the County Clerk and Recorder. If the list was assembled from the records of the County Assessor, the applicant shall certify that such list was assembled within thirty (30) days of the application submission date. h. The written certification required by Section 24-65.5-103.3, C.R.S., if applicable. Such certification may be submitted on the date of the initial public hearing referred to in Section 24-65.5-103(1), C.R.S. i. A discussion of the potential air and water pollution impacts which may be created by the facility, along with proposed pollution control measures. This discussion should include any meteorological or climatological conditions which would cause the facility to create negative impacts on surrounding land USES. j. A description of any routine haul routes, identifying the roads STREETS/ROADS and bridges involved and the weight of the loads. k. Any other information determined to be necessary by the Department of Planning Services, the Planning Commission or its authorized representative to ensure the protection of the health, safety and welfare of the inhabitants of the COUNTY. 80 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. G. 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 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. Sec. 23-2-380. G Drawong requkcements for facUll Ues pDai maps pDats. A. The general drawing requirements for Facilities Plan -a-ps Plats for SUBSTATION and gas STORAGL. AREAS and POWER PLANT sites are as follows: SITES sites oil 1. An acequate numbss electronic (.pdf) version of the plat shall be submitted concurrently with the written application. 2. Maps If approved, the plat shall be delineated in drawing ink or on Mylar or other drafting media approved by the Department of Planning Services. The dimensions of the map shall be twenty- four (24) inches by thirty-six (36) inches. 3. The maps plat shall be prepared and certified by a land surveyor registered in the State. Vicinity Map. The proposed site shall be identified on the vicinity map. The vicinity map shall also identify the zone districts, subdivisions, water bodies, transportation facilities and towns within a three- mile radius. C. Site Plan. The Site Plan shall be drawn at a scale of one (1) inch equals one hundred (100) feet. This scale may be varied upon approval of the Department of Planning Services. The Site Plan shall depict the following: 1. Include the property under application, as well as features within five hundred (500) feet of the parcel boundaries. 2. Include a certified boundary survey of the property. Bearing and distances of all perimeter boundary lines shall be indicated outside the boundary line. 3. Show the existing topography of the site at ten -foot contour intervals, as solid lines, and the proposed topography of the site at ten -foot contour intervals as dashed lines. 4. Show the name and location of all streams, including normally dry streams, ponds or other bodies of water, existing structures, roads STREETS/ROADS, bridges, irrigation ditches, oil and gas wells, utility lines, LANDSCAPE features and easements. 5. Show the size and location of proposed STRUCTURES or associated facilities such as access drive, PARKING AREA parking area, LANDSCAPED area and fencing. 6. Include such additional information as may be required to satisfactorily explain the general characteristics of the proposed facility. Legend. The legend shall include: 1. A certified boundary description of the property. The description shall include the total acreage of the surveyed parcel. 2. DEVELOPMENT anda;_r s STANDARDS governing the location, design, construction and operation of the proposed facility. Certificates: a. Surveyor's certificate. b. Certificate of responsibility to be signed by the applicant. 81 c. Planning Commission certificate. 4. Title, scale and north arrow. 5. Date, to show revision dates if applicable. C. 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). Sec. 23-2-39©o - Drawing requkements for ut fity fine pilan maps. A. The general drawing requirements for Utility Line Plan Maps for electric ELECTRIC TRANSMISSION LINES are as follows: 1. A utility line plan map shall be submitted in two (2) stages: a. Alternate route map set. b. Selected route map set. 2. An adequate number of copies 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 of County Commissioners Planning Commission. B. The alternate route map set shall: 1. Include a vicinity map which displays the location of all the alternative routes within the County in relation to towns, major water features and major transportation features. The vicinity map shall be prepared at a suitable scale on a sheet twenty-four (24) inches by thirty-six (36) inches in size. The vicinity map shall function as a map index for the detailed route maps shown on the U.S.G.S. topographic quadrangle maps. 2. Include a route map showing the proposed alternate routes through the County. The routes shall be shown on a 1:24,000 scale U.S.G.S. topographic quadrangle map. The centerline of each of the proposed alternate routes shall be displayed on the route map. The route map shall also show the areas of irrigated and nonirrigated agricultural land use, as well as future land use designations for the areas around the towns which have adopted master plans. In addition, the 1:24,000 U.S.G.S. topographic base map shall be updated to accurately depict any significant new man-made features within one (1) mile of any of the proposed routes. 3. Include such additional information as may be required by the Board of County Commissioners or its duly authorized representative. C. The selected route map set shall: 1. Be submitted on a sheet twenty-four (24) inches by thirty-six (36) inches in size. 2. Be drafted in black drawing ink on Mylar or other drafting media approved by the Director of Planning Services. Board 82 3. Include a vicinity map at a suitable scale (1" = 2000' minimum) which displays the location of the approved route within the County and its relationship to towns, major water features and major transportation features. 4. Include a detailed route map showing the approved route through the County. The approved route shall be displayed on a 1:24,000 scale U.S.G.S. topographic quadrangle. The map shall display the centerline of the approved route and all of the features depicted on the U.S.G.S. topographic quadrangle within one (1) mile on each side of the approved route. The base map shall be updated to include any significant new man-made features within one (1) mile on each side of the approved route. D. Legend. A legend shall be included consisting of the following items: 1. Development standards DEVELOPMENT STANDARDS governing the location, design, construction and operation of the proposed facility. 2. Certificates as contained in Section 23-2-380 D.3 above. 3. Title, scale and north arrow. 4. Such additional information as may be required by the Planning Commission to satisfactorily explain the general requirements of the facility as approved. 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). Seca 23=2400. 0 Stand&&ds 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 through L, No change] M. Where a proposed power— inPOWER 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. The applicant shall submit signed copy of the notice of inquiry form demonstrating that the IGA municipality does not wish to annex, if required by the IGA. 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. 83 Sec. 23-2-460. - Prohibition of construction without permit. No person msy shall locate or construct a PIPELINE - DOMESTIC WATER in the County unincorporated COUNTY without first obtaining a Use by Special Review Permit pursuant to these c -e -t 4a41ons this Division 6. Sec. 23-2-470. o Duties of department of planning services. A. Any person wanting to apply for a Use by Special Review shall arrange for a preapplication conference with the Department of Planning Services. The Department of Planning Services shall be responsible for processing all applications for a PIPELINE - DOMESTIC WATER in the unincorporated area of the County. The Department shall also have the responsibility of ensuring that all application submittal requirements are met prior to initiating any official action as listed below. B. Upon determination that a submitted application is complete, the staff of the Department of Planning Services shall: 1 Refer the application to the fo lowi - applicable agencies listed in Appendix 23-G, as determined by the Department of Planning Services, when ap-,clicable, far rev-i-e-w and corn -men -t. The agencies named shall resoond within twen• -e-ig t (2g ays-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 t h -Pla a C ;,ms . 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 ref rmt REFERRAL agency are recommendations to the COUNTY. The authority for making the decision to approve or deny the request for a Use by Special Review Permit rests with the Board of County Commissioners. a. The planning commission of any -town or county w s - un ,4es-are witha-n-three of the proposed -site or if thee --p= -es-sd site is located- e&n town's co1'np-r-etFens ive planning --area. b, -art, -t of Public Health ana Env*o amen -t. c. Department of Public Works. d ie�do Ge cal Sur`, w: e Ce-I-e-ra-' o €pa; tme-6 t of T ran perta s -k 9 I S. Forest Service. p a f cilities w+tk in- the Rig -h -t- e -f \Nay or crossed —by the -P-FlL !NE - DOMESTIC WATER under con -side -ration. un d e rg ro u n d lines which ma be aft D --E P M E N -T I S-pe-c€al service-d-Lricts which may provide se-i ;S-:en-g-inewe-r, Division --of Water Resoumesa Ni#wag Resource Con seR- tti-one- 1. History -Ca _ ora-do. Colorado Pa - s -and WiIdel 0. Any ot�re ;o r individ a moose ; ie'r7,1 t o D J rt e � e i -�. c� -s. Recess 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 mste plans MASTER PLANS of affected municipalities, sound 84 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 -Commie s public hBarin-g-m-a-y also bo setand beano legal notice and posting, concurrent with sstt g --of the Planni-ng Comm issi n heari-n-rdate and ir accordance Section 23--2-470. 5 -or S t+ 4. An applicant may conduct a Neighborhood Meeting with area landowners. Such meeting is not required, but may be suggested by the Planning Services staff to encourage communication between a land use applicant and the neighbors. 5. Notice of application for a')PELINE - DOMESTIC WATER and the public hearing dates shall be given to surface property owners within one hundred fifty (150) feet on each side of the centerline of the proposed preferred alignment, and to fee interest holders (excluding mineral interests) in any real property proposed to be physically disturbed or crossed by the activity or 4ex -nt; DEVELOPMENT which is the subject of the application. Such notification shall be mailed, first- class, no less than ten (10) days before the scheduled Planning Commission public hearing. Such notice is not required by state statute and is provided as a courtesy to surrounding property owners (the surface estate). Inadvertent errors by the applicant in supplying such list, or -he Department of Planning Services in sending such notice, shall not create a jurisdictional defect in the hearing process even if such error results in the failure of a surrounding property owner to receive such notification. 6. Prepare staff comments and recommendations for presentation at the Board of County Commissioners hearing, addressing all aspects of the application, its conformance with this Chapter and Chapter 22 of this Code and comments received from referral REFERRAL agencies. 7. Arrange for legal notice of hearings to be published once in the newspaper designated by the Board of County Commissioners for publication of notices. At the discretion of the Board of County Commissioners, a second notice may be published in a newspaper published in the area in which the construction is proposed. Failure to publish the second notice shall not create a jurisdictional defect in the hearing process. The date of publication shall be at least ten (10) days prior to the hearing. Senn 23-2=48©o = Dos 0 f p[ nvor j comrno srion0 A. The PI, .nning Commission shall hold a hearing to consider the application for the Use oy Special Review Permit. The Planning Commission shall provide recommendations to the roard of County Commissioners concerning the disposition of the requested Use by Special Review Permit. —he ilanning Commission shall approve recommend approval of the request for the Use by Special Review Permit only if it finds that the applicant has met the standards or conditions of Section 23-2A80 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. All reasonable efforts have been made to avoid irrigated cropland or to minimize the negative impacts on agricultural USES and lands. 2. The PIPELINE - DOMESTIC WATER will not have an undue adverse effect on existing and future d-eve-l-o-prnen4 DEVELOPMENT of the surrounding area, as set forth in applicable MAS ER PLANS. 3. The design of the proposed PIPELINE - DOMESTIC WATER mitigates negative impacts on the surrounding area to the greatest extent feasible. 4. The site shall be maintained in such a manner so as to control soil erosion, dust and the growth of NOXIOUS WEEDS. 5. The applicant has agreed to implement any reasonable measures deemed necessary by the Board of County Commissioners to ensure that the health, safety and welfare of the inhabitants 85 of the COUNTY will be protected, and to mitigate or minimize any potential adverse imp..cts from the proposed PIPELINE - DOMESTIC WATER. 6. All reasonable alternatives to the proposal have been adequately assessed, and the proposed action is consistent with the best interests of the people of the COUNTY and represents a balanced use of resources in the affected area. 7. The nature and location or expansion of the PIPELINE - DOMESTIC WATER will not unreasonably interfere with any significant wildlife habitat and will not unreasonably affect any endangered wildlife species, unique natural resource, known historic landmark or archaeological site within the affected area. 8. No adverse impact from stormwater runoff to the public rights -of -way PUBLIC RIGHTS -OF -WAY and/or surrounding properties as a result of the PIPELINE - DOMESTIC WATER. B. The Secretary of the Planning Commission shall forward the official recommendation of the Planning Commission and the information contained in the official record, which includes the Department of Planning Services case file, to the Clerk to the Board within ten (10) days after said recommendation has been made. C. If the Planning Commission recommendation is conditional upon the applicant completing certain specified items prior to the publicati-on 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. Seca 232-490. o DutOes of Board of County CommSSsuonerso The Board of County Commissioners shall hold a hearing to consider the application for construction or expansion of a PIPELINE - DOMESTIC WATER. The Board of County Commissioners may approve ti- the application sion of a PIPELINE - 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. All reasonable efforts have been made to avoid irrigated cropland or to minimize the negative impacts on agricultural ,aSFS and lands. 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. The design of the proposed PIPELINE - DOMESTIC WATER mitigates negative impacts on the surrounding area to the greatest extent feasible. D. The site shall be maintained in such a manner so as to control soil erosion, dust and the growth of NOXIOUS \NEEDS. E. The applicant has agreed to implement any reasonable measures deemed necessary by the Board of County Commissioners to ensure that the health, safety and welfare of the inhabitants of the COUNTY will oe protected, and to mitigate or minimize any potential adverse impacts from the proposed PIPELINE - D•IVIiESTIC WATER. All reasonable alternatives to the proposal have been adequately assessed, and the proposed action is consistent with the best interests of the people of the COUNTY and represents a balanced use of resources in the affected area. G. The nature and location or expansion of the PIPELINE - DOMESTIC WATER will not unreasonably interfere with any significant wildlife habitat anc will not unreasonably affect any endangered wildlife species, unique natural resource, known historic landmark or archaeological site within the affected area. H. No adverse impact from stormwater runoff to the public rights -of -way PUBLIC RIGHTS -OF -WAY and/or surrounding properties cis --a shall result of the PIPELINE - DOMESTIC WATER. Sec. 23-2-5 0. AppHcfloon requ rements0 from 86 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. The applicant's name and telephone number. B. Address of the applicant d general OF C. Summary statement of the project, to include when applicable: 1. Source, capacity, size, destination and type of facilities, support STRUCTURES, lines, etc., involved. 2. A detailed report shall be submitted which includes information on the following items: a. A description of the PIPELINE - DOMESTIC WATER. b. A description of the preferred route or location of the PIPELINE - DOMESTIC WATER and reasons for its selection. c. Procedures to be employed in mitigating any adverse impacts of the proposed routes or sites. d. An outline of the planned construction, including startup and commissioning schedule, to include the number of stages and timing of each. e. Information of any pu rn c Neighborhood Meeting conducted, to include the location, date, time, attendance and method of advertising. f. A description of the hazards, if any, of fire, explosion and other dangers to the health, safety and welfare of employees and the general PUBLIC. A description of emergency procedures to be followed in case of a reported failure or accident involving the proposed PIPELINE - DOMESTIC WATER. Such outline shall include actions, if any required of PUBLIC officials, including fire and police officials, and the names and telephone numbers of appropriate company officials to notify if an accident or failure should occur. g. h. A description of the method or procedures to be employed to avoid or minimize the impacts on irrigated agricultural land. i. A discussion of how the proposal conforms with the guidelines of Chapter 22 of this Code and any other applicable code provision or ordinance in effect. j. A Decommissioning Plan. k. A traffic narrative describing construction traffic and permanent or temporary access points. I. A description of any haul routes to be used during construction, identifying STREETS/ROADS and bridges involved and the weight of the loads. m. Soils reports required for pipeline crossings or any pipeline encroaching in PUBLIC RIGHT-OF-WAY, if required by the Department of Public Works. n. Any other information determined to be necessary by the Department of Planning Services or its authorized representative to ensure the protection of the health, safety and welfare of the inhabitants of the COUNTY. roads -p-ublic right-of--w-a-y 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. 87 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. G. 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 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. Sec. 23-2-52©o o MapOng requorements for PUPELUNE o DOMi ESTDC WATER. A. Be submitted on a sheet twenty-four (24) inches by thirty-six (36) inches in size. B. Be drafted in black drawing ink on Mylar or other drafting media approved by the Director of Planning Services. C. Include a vicinity map at a suitable scale (1" = 2,000' minimum or as approved by the Department of Planning Services) which displays the location of the route within the County and its relationship to towns, major water features and major transportation features. 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 2. All existing and future road STREET/ROAD public rights -of -way PUBLIC RIGHTS -OF -WAY 3. All existing easements of record. 4. Irrigation ditches, canals, and laterals. 5. Adjacent property lines and respective owners' names of record. 6. Topography at a minimum of twoten-foot contour intervals by the Department of Planning Services. 7. Identify geologic hazard GEOLOGIC HAZARD AREAS and/or FLOOD HAZARD AREAS. or at intervals as determined necessary floodplain locations SPECIAL 8. The map shall include any significant man-made features within one-half (0.5) mile on each side of the route. E. Include detailed drawing of pipeline at intersection of any county road COUNTY STREET/ROAD, section line, or bridge. Drawings at intersections must be in plan and profile, and shall be at a scale of 1:100 or as determined by the Department of Public Works. PIPELINE - DOMESTIC WATER must meet the minimum requirements for cover, as determined by the Department of Public Works. F. Legend. G. Development standards DEVELOPMENT STANDARDS H. The Use by Special Review Permit Plan Map shall include certificates for the PIPELINE - DOMESTIC WATER owner's signature, Planning Commission, and the Board of County Commissioners and the Clerk to the Board. The required content of the certificates is available from the Department of Planning Services. I. Title, scale and north arrow. 88 J. For each parcel that the PIPELINE - DOMESTIC WATER crosses include: (1) Property owner name; (2) Parcel Number; (3) Quarter Section and Section, Township and Range; and (4) Reception Number for the Easement/Rights-of-Way. Division 7 - C aWeg s-HenrcSS Repeal in its entirety Division 8 - !ter-c-Pt-nt (Repealed.) P49- -w ss-a - a - irleri e ' i-Rrir (Repealed.) Repeal in its entirety Division 9 - Fees Sec. 23-2-900. - Fees established. Fee ! a -Rd -Use Perm -it pl-ications-p 9 e -f v h-Chaltor sh --e-s-tabi-ished v resolution of th-e- Ban 4 I o Commissioner SGen-. . -i-t-h -a4-e aRn p roccs s a 4l-l-cGR-S-ist of a4 nc -p-uikn o iee-par `e -the -Board of Co u , rs' h- r Frg-N; c of said h ea Fig-- l -,fie p u b l s-h-ed 0-n-ce in treso 4i e -r v 81g4a e -d -by the Board -of -County C-emf nissioners forput of notices. Fees shall be collected in accordance with this Division 9 and Section 5-7-10 of this Code. ARTICLE III - Zone Districts Divisin 1 - A (Agricultural) Zone District 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. The A ' ricutt�-: )-Zon-eDistrict is also intended to provide area -s -f9 -r the conduct of USES by ---S- c- A- i -w which revs seen determined to be momintense or to have -a-potentially SE-- SAl owed by -Ric (Agricultural) Zone --D• t-ic ;ulations are established to promote the healt , s f ,-and r craka_e,Parehe-crese-t and future psi -dents of the COUN Y. Sec. 23-3-20. - Uses allowed by right outside of subdivisions and historic townsites ■ No BUILDING, STRUCTURE or land shall be USED and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the A (Agricultural) Zone District LOTS outside of SUBDIVISIONS and HISTORIC TOWNSITES except for one (1) or more of the following USES. • a c n the Anc - icu-Itu raI--) on e E rFcCks subject -the schet-d-u le of -lo ° , \ qui rem--�n } contain -e4 i sic-n 23. 3 aglow--U-S-E Swith-En _ the-A-(Ag;sic u ltau- -l-) Z-9-eye-D-i-s-tr-ict s -1l a t so b-e-su _ b d-da-tion a l q u-i-rsmnen'k --c o n to i ne 9-i nartiel e on A. B. F LY DWEL_F NG U .➢I anti-ka--I-AR JARTEl-S-,p-eraL 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. Once ('S p-a.l-L A� lY—DE L �l NIA r; sl A U x I L I A �Ld61� —�,R �an-a-pa-Fee-A-e- 1-n-e�-t �� d ;Article VW of this Coc-e- Asphalt or concrete batch plant and borrow pits USED TEMPORARILY and exclusively for an on -site construction project or the completion of a PUBLIC STREET/ROAD improvements project. The six-month limitation for this TEMPORARY USE may be extended in six-month increments at the discretion of the Director of Planning Services up to two (2) times, and thereafter by the Board of County Commissioners. 89 C G , RAIN C F -,u --N ,R d _ RE N--INC COUNTY grader sheds. Cultivation, storage a - °O -s 4e --o= e r s, vegetables,- p ant Ievute --a- u d nurser -y steefiaden _ the p4e-n>rise9. FARMING and GARDENING, including STRUCTURES for storage of agricultural equipment and agricultural products and confinement or protection of LIVESTOCK. Converted, partially dismantled, modified, altered or refurbished MANUFACTURED HOMES shall not be utilized as agriculturally exempt BUILDINGS or for the storage of agricultural equipment or agricultural products or confinement or protection of LIVESTOCK. E f= - Q, Y sto-r-a-)er-t-n-g--o-f, i-n--tom s-i-t f-omo-ps, veg ° fa pta-r fers and n u r iiicAmtook n- r -i 4 ' emwises speckle: for sate -an -said ps. CAMPING, FISHING, HUNTING, and noncommercial WATER SKIING. F G. H. I Rele47 NONCOMMERCIAL TOWERS no taller than seventy (70) feet. (See Article IV, Division 10, of this Chapter.) �� Ll-V--- ° 1DQ - Police, ambulance, and fire stations or facilities. F r d-ing of L PJ --S-T- -C K- �s PUBLIC parks. il IL -A I D GAS -PA -G-1 Ec. I 1-g-ecti PUBLIC SCHOOLS. l► -i-r-ed . L o ano Section --22 gL_ AND _ G, -I-L PP �1 I be ! D Ect-� -i BOG➢ ha -s -beep--issued by the ctrnent a-Rn-n ervi es or the Roa-A u --n =C era r in accordance with t a9 - Gerd uses set forth in Agi le [L 013d-isf&R 10, of h - sq a-i r - J = '= �IC--per-s an-d--RUB!-recreation fa ilities. Sand, soil, and aggregate MINING that qualifies for a single limited impact operation under Section 34-32-110 CRS (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. V- U -C SCHU - -an4RU8U C°i eyS'o-n-siown sses. One (1) SINGLE-FAMILY DWELLING and AUXILIARY QUARTERS, FOSTER CARE HOME,' or GROUP HOME per LEGAL LOT. L. I --L1 Y S-ERV-GF C-°L!T S. TELECOMMUNICATIONS ANTENNA TOWERS no taller than thirty- five (35) feet. (See Article IV, Division 10, of this Chapter.) M. r+s-pceouction which coos not e�:o��-d�e� h�, �.��,� < 0 Q4 -�� Sn mar, Apr �ii 1� —r c —b -y-- p rod ue-s—w-i-I I lie u s - --p-r i�own e r°s---io e- e-raHad. UTILITY SERVICE FACILITIES. N. Ti6�`'ORARY group ass agriculture -related. O. c t -t0 Chapter 12, Artie! of Water tanks, (Repealed) A It or concrete batch plant used temporarily a -n -d -e -x -c' yet-�$o-r an-enms , _ Gonst uc:t1 project- r-th-e-co-m-plet- of a PUBLIC road im-provemePtspcojeGt. The c -ix men °im-i-t i-on-f- r this --CLEW-RO-R A R Y use--may---tae e � sup to -N; -c-onts at -the d i rf eafter oy t-h-e-ofrd-e �, Co .cfe D i reete - f P. (Repealed) C hake -r. Q. (Repealed) R. iditional requirements of ` `Lc1 N D-i-v-ision--3 e -th-s (Repealed) Burrow pits pa y -f fh-e--es p -I -o n of - improv n addition, sand, �etc;�-NTI S - La/deless of the use-ef material, Which qualifies for a single limite: impact operation (a 14 -0 -per m-i?) _ or is exempt from an - permits -m-The Divi-sion of : i-i-neraIs and el-egy, generates -no- harn-fie to id (5,000) c, 9;-c r -d -of mater =fir for off -site ite use and does net-invo[ e cru ing, ` -n r-otber p-mc-e-ssi-n- . 90 -pr-oyementc greement, as determi-n-ed to commencement of operations. S. (Repealed) .-i--sr. hp r. T. MANUFACTURED H t- l e additional -requires of Section 23-4-700 et (Repealed) AN'MA' BO°RDI-N-G--and =AC _IT ES where the maximum um nun, ANTIVA! • ec4ion 23 -3. -50.D -below is not exceeded. U. (Repealed) One (1) ; b L -E Cs0MM-U-N1GATi QNq-AN .N NA -POWDER --a n -/or- ne (1-)-N-O- N-C-Q-MMl l O A TO .. -ubjec--to-the pro signs of Art-i-e-��,ai ision 10 of tlhis-Ghapter. V. (Repealed) this Code. Disposal of BIOSOLIDS subj- et e_addition r me-n-ts of Chapter 1A , Article VII of W. (Repealed) Disposal -of -DOMES -11 IG-SE-! a G -E s-ubject I 4d4ti©na1 req-u-i- tet-i-4 Anticl-e- I of _ this Code. X. (Repealed) TEMPORARY season -al -use sale of -fireworks and Christmas trees, subject to the ;. xcept as alloweo without a permit per Subsection 23-3-20.D. Y. Z. (Repealed) (Repealed) GROUP HOME-FAC II L 1 TYT F -0 -ST -ER -CARE HAM► E. etab!e stands, and facilities _ for the is of Article IV, DI -V1-51-011 7 of this AA. (Repealed)County Grader Shed, except in or adjacent to a platted subdivision or Townsite. BB. (Repealed) CARGO CONTAINERS usec as a S( L� E AMILY -Sr-LE GA' CC. (Repealed) PELINE I'4A TURAL GAS or PIP -E -LINE - PETROLE - RODUC1 0TH �s r' AT Li GAL GAS. ER U-HAN- LAP-R q ,sired. No PIPE_INE - NATURAL G S nr III rel !l it PETROLEUM PROs LCTS O T -IER --T -1\ -1\1-Nap:URA GAS shall De develops ! ! I I until a LAP h -as -been issued --by th tanning I ! o -m-is ners in accord -a -n ce with -t ie-a-p-p a-fion-, -op-ed-u-res set forth-i-n Division 11, of this Chapter, - Sec. 23-3-30. - Accessory uses outside of subdivisions and historic townsites The following BUILDINGS, STRUCTURES and USES shall be allowed in the A (Agricultural) Zone District on LOTS outside of SUBDIVISIONS AND HISTORIC TOWNSITES so long as they are clearly incidental and ACCESSORY to a the USES aAllowed lowed by rR i g h t i-na-t-h-e-A-(-Ag-vi-c-uuftL ra fl Zone 0i str-j S u Gh JB-U-LaNGS, STRUCTURES a;n-d-USES must be designed, canstsusted and operated i-r contormancewi .c. th-eo b -requirements containeci in Section 23 3 50 below. ACCESSORY USE ft e A-(Agricu tuFa ) Zone District shall also be subject to additional rec uirements container in Artic es V and Note: The combinco GROSS-FLOGI RE of all ®CCI I ' Will cons$ I -d II u -gust 25, 1981 on LOTS in an approved or recorded p ^r a1 n- +I dHpcie•r tc. ns controlling subdivisions of less than ten (10) acres shall not -exceed fot, r -p scent ('1%) of the total LOT area, except in Regional -Urbanization Areas, which shall adhere to RU, evel-c t s:arm arc s. -owever, in no case sia such an ACCESSORY BUILDING exceed twice the GROSS -FLOOR AREA of the primary residence on the LOT except bstructure macs nonc ction may oe repairod, replaced or restored in total. A. STRUCK RES f^rat ge--o equipme -and agricultural products. Converter, partially dismantled, modified, altered or refurbished --MOBILE HOM-E-S-or-NMANU JFACTU-RED HOMES shall not be -utilize � as an AGRICULTURALLY EXEMPT BUILDING or for tl -storage of equipment or 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 fora purpose authorized by Section 14 of Article XVI I I of the Colorado Constitution per LEGAL LOT as per Article VII, Chapter 12, of this Code. 91 B. UI DINf -S- - f K, within the Iin-r -at? -si-n-ed i-n Blow. Converted, partially dismantled, rnodifieo , a!te-c 9 or ref -,-r -she f -L. LE H- MAN-Li-FACT-R-aD- ' - shall not be utilized as an -A -G -J' LILTUR L� EMU T BUL a:NG 1 p f -t- ora gru-i-pment . 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. IMQ-B-11-11 MS used _ as S Q -N -G- E- ��_ M DWELL = -4 o, an-sr-o-6ti y - 1 -at- c e -n1 J rgLed-i-n-fr -MI- RA N' -NG or GARDENING subjeGt a tha d-ditie-n -ar'u'`'a .i.r m -e -n is of kictiGle J a, Di °- n-,3-ef-this-C-hFa-,p c7 NONCOMMERCIAL JUNKYARD, as long as it is ENCLOSED with 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 Q - - LQ-NS CL I- -Sees-n-2-3 40--a r G A -S -S -Q Q snall-Gerpctkily Section 23�-- aa ,� reke-4Vci'D-k sie-n 13 of this Chap4 OFFICES. E. •O FICE Inc e; t �, A . q-eci t -e Uses Allowed --b Sc-i-1-ht argil e 3e ion 2332Q -a 4e. Parking areas and parking STRUCTURES, including parking of one (1) COMMERCIAL VEHICLE per LEGAL LOT. �. i [BI E s u 4 j a to the a 4- -� re q u1r� r@ �' �� ''�, ` F �__, .� v, 1 +� �a r - two (2) SEMI -TRAILERS USED as ACCESSORY storage per LEGAL LOT. G. R S s L -st- n48- hen the prooucts u cts o red -fermi l e are -grown ern -the remises. Suc-h ue 4 8 -Shall -be siltPd-d---nomess ths-n--fic feet from the PUB; C -r - k-5 " y. STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3-20. H.SIGN —i-t ee, r-Ro, with the provisions of Article V, Division 2 of this heap GENERATORS allowed as ACCESSORY USES in Section 23-4-450 of this Chapter. Up to I (Repealed) �nQME:C JUNKYA'- J. (Repealed) A- -ot K. a -U -- PI E clew 4y- i- 4 -dsn-t-a I and AC ne s"ict- WIND (Repealed) g STRUCTURE on lots in an approved or recordea subdivisi to the a-d-ep-ton of an-y-rel-ulations controllin- cargo containers , ,€y be a -U in anapproved or recorded subdivision or a LOT w of an -y r g -u lations controlling subdivisions. equal to o; great& than eigh4 a s c esc ribed--i-R S--uu eet-in 2 3- 3 40. or any a- fo able use shall require the issuance of building permits. Th f rg-a-conta-iner as -an accessory stcarge of Aside the unit 1 1 Ag- i- u ltu rat)- e n -e -D ctr-iv. Two (2) -- •ty0 - aGfes in size, w en not on-a-:,-.Oj: a--map--o -a� � Nat can ° ner a te l lowed -an prop -a y Fs -ma- allowed on aII -t i B 3. A cargo container u sea- r r-ae s, P n ins s 1114 e-, I Elects;-eity is Vogt, C th t- h c-ted to th s h -as water, sewer -e lectricity. 2 The c B n -e r -used - e an4 ry utili` as long as -the ca rge-con-tai s-! -d-ti - ae- tII--state and local k -i e des. The cargo container that has boon retrofitted -far -nf ��Q D E-LIan-y habitable use, shall --be design d by a liicensed pro essional. 4. The applicant shall not re an office, a DWEI 5. A caw Sd for storage, bale Muse- tate of disrepair. Such disr partially or totally damage or storage -1 r ml calsue, or is in a state of 92 Car o c0nt-a-i�n - as Aece�s general-dil-a suiting from a lack of maintenance, v ndali-sn -of in -ire -station with vermin or rodents. Any such cargo conta-i-ne-r used for storag- i office, or -a DWELLING shall be restored to, and maintained in, the original condition it was in -at th-e-th e --i4 site as established by the original -inspection by the Department of ulieling. Inspection, or it shall be -eE T ea -o conta -s1r y -nod be -us -ea -1J manner t Cpl play -a _ Sign -7 L. (Repealed) Semi -trailer used as accessory storage. One (1-) se-mi-tra4e-r used as access r -g -e may -be permitted on LOTS in an approved o -r recorded subdivision of -at, or LOTS which are pa4ef-a any regulat mao or plan fled Zone District, aceaca procedure a _ n®9-zo-n-i-n-g--i --mi t re e m eRt-s-ou lined3- 900 ohs-Chapter-hipurpose of storing goods-�sl4o The -unit -Up -to -PAD (2) _ s miLtr -i-hers may -be used as accessory storms c-e-ls not -in .n approved or Fe -e-off-s ,'eetrwt-s-ien-pl-at or LOTS which are part of a map or plan filed p-r-i -r Re adoption of any rag-u-I-ations aon-- ro i-ng- suodivisions in l , ithou-a-ze-n-i-ng permit. Aoditional-semi t Uers used as acce-SSGP. d on all lot sizes and-ty-sus-descriood in Su osecj-on--24-3-40-47 be l (Repealed) MERCa L I-ICLES. Part-i g -a -n operat-ion-o fitted on LOTS in an approv;c or recorded su-b-d-i--i�ion ', -LO o S wh-ich are loam a rior to thy,1 ran -trolling subdMs-i n ' WAg c -u x lure and zoning permit requirements outlin-ed -neon 234- 9 -.50 -of this Chapter. --Parking and ope-rte + E R CI A m-ay4e 1 -on pr -o -pen i-g1h t--(-&0)--a-cre-s-i•rn-size, when not a LOT in an ado ro3 ; -o-E- r - ; r-ded---su>rd i-V-i i--ri or rt of -----map or plan —filed pr c r e Win-- t —an, gulation s controlling pate land use permits, only ne- `l -rac-t oarc& of land less than eig _ 4y-(80) acres -��---L E S may be allowed on p ro Vert- eq ua-1 ize when used t -o -ha g rice l-tu-ral good eq u-i p-m-ent-e-r ti-ve-stook a ---long-as--th _ e_ -u a-ler-of-tr-i-p6-does-Rot exceed si y -to -a n J -c r -: no ppe-rty7 ac4tionaI COMMERCIAL V -'WWCL -ar e-allovU rt--ef a-oemmercial oar-i-nd- -V: ial-U-S-E '9th-0PM-se permitted by S -u b -section 23-3-40.5. below. (Repealed) WIND GENERATORS, err GEN-ER-AAOR, as per per 23, icle IV, Division 6 of this Code. subdivisions, without a zonfg _ p trailer and --one (1) two -rear -a) Opera to -or Faster than Z-on-i -g _ Permit for ' A -D (Repealed) ME►D--I-GAL ',,', ARtJUANA.-One-(-1) caregiver of Mr t to the provision of Article -x'`.3.3, T-itl 1 of - t -al -e XVIII of the Colorado Constitution oer- gal-GAL A li- N -A -4t at _ is g r -own _ an -el or a purpose- h-orized b' Sscto as per Article IV,-PM€ion 14, of tq-1-s (Repealed) T-E-L-ECOMMUNICA , I-CX AN -TEN -NA ----11 -S- h cl requi e the issuance of a Zoning Permit for a TELECOMMUNICATION ANI--I N-INA--TQW R, subject _ to -the provision-srof 8 rticI-e _ -I , Division 10 of this Chapter. (Repealed) SECOND SINGLE-FAMILY DWELLING, subjoct to the additional reg--1------= -of Article IV, Division 8 of this Chapter. (Repealed) Recreational activities, including= 1. H -u -n -tin -g. 2. Fishing. 3. CAMPING. 4. WATER SKIING. 93 Sec. 23-3-35. - Uses aH wed by perm slide of subdoM sk • ns and Mat do t t s. No USE listed in this Section shall commence construction or operation in the A (Agricultural) Zone District on LOTS outside of SUBDIVISIONS and HISTORIC TOWNSITES without prior approval of a land use permit from the Department of Planning Services or Department of Public Health and Environment, as applicable. A. AGRICULTURAL PRODUCTION permitted under Division 17 of Article IV of this Chapter. 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. E. Disposal of BIOSOLIDS and/or DOMESTIC SEPTAGE permitted under Chapter 14 of this Code. 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. 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 - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS permitted under Division 11 of Article II of this Chapter. U. RECREATIONAL FACILITIES, PUBLIC and PRIVATE, permitted under Division 17 of Article IV of this Chapter. V. One (1) second SINGLE-FAMILY DWELLING permitted under Division 8 of Article IV of this Chapter. W. SHOOTING RANGES permitted under Division 17 of Article IV of this Chapter. X. SMALL SCALE SOLAR FACILITIES permitted under Division 17 of Article IV of this Chapter. Y. TELECOMMUNICATIONS ANTENNA TOWERS between thirty-five (35) and seventy (70) feet in height. (See Article IV, Division 10, of this Chapter.) 94 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. Sec. 23-3-40. - Uses by special review outside of subdivisions and historic townsites. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained on LOTS outside of SUBDIVISIONS and HISTORIC TOWNSITES in the A (Agricultural) Zone District upon approval of a permit Special Review Permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter, or Article II, Divisions 5, in the case of MAJOR FACILIIES OF PUBLIC UTILITIES OR PUBLIC AGENCIES. A. i-n-eral resource development facilitie I tu-d-inw 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. 1. OIL AND GAS STORAGE FACILITIES. 2. OIL AND GAS SUPPORT -AND SERVICE. I -N -I -N -G- nd tea--.- this Chapter -7 I batch p ants. he -provisions o A is e V, Division '1 o r --mineral deposits located in the County, ubject t t p-rvisions of Article IV, Di -vision A of this Cha-pte-r. 7. TNSLOADING. B. Agricultural Service es horticultural services on 6 i p rformi g aJ -ratrarnimalhusfoan-d-Pfror r Asphalt or concrete batch plants. 1. So-rti n g , g ra-di ng—an -pv c I4 -g --f ru-i -and vege rower. 2. G-r-a-i-n-and/or feed elevators. 3. Crop dusting or spraying operations facilities facilities, insecticide stn ars, landing trips, fertilizer storage e -facilities an-d--O-FFICES ACCESSORY to the /I. Farm equipment sales re-pai-r-and installation faciil-Pe- 5. Veterinary clinics or hospitals: 6. Grain and feed sales. 7. Commercia g-e---a-n-- drying. 8. F-ewt kzec b1e-n -ing-and _ sales - 9. See-dproduction, processing for -age, mixing, sales. 10. ANIMAL BOARDING and animal TRAINING FAO oIT `S where tie maximum num per o� ANIMAL UNITS permitted in Subsection 23-3-50.D below is exceeded and/or when the traffic tha4is ted b t e ng or training activity -exceeds sixty (60) trips per day to and from the -property, 11. Alcohol production exceeding alcohol occur i .1 1-2. Animal waste recycling or processingcilities. 13. Custom meat -processing. ed in the alcohol production operation. 95 C. E. 44 I-Virze•TOCK sale b ra-s nd-, ci9it s. 1-5. , o -Fa -g shy°-dcat n O -l' E RAT I O N S- 17. i ocieo Ar -- mercial ren- ► d -e -both in -door and outdoor a- -n ,9 rpmfl R eerea o n a kf-a- -kti e. ad -U S f S- n c?- n g: 1. COMRR CAMPGROUNDS LaGe trac end —race courses. IIINT4H-EATER-S, su ject to the -provisions oft -Section 23-4A 10- ' f -w-re Q 4c Sheoting ranges, sum to the provisions of Section 23A-370. 5. Guest dates and hunting locg-e--s- 6. --nds. 7 CAMPING. . RCI Aim —t -b E - E AT4 A- FACILITIES- baie-- iJ6- ;s- l-i- c-- n- More than the number of CARGO CONTAINERS allowed by Section 23-3-22. EqU 2. 2 _ . tor -age -or repai-r facHities, s -u ojeet-te--tk e Storage _ to -k-s-; su-b+e t to -the -pm 20= _kAC 1 F P U -S -L FC UTILITIES PUBLIC AG -:N Ct-u-le ,.. o of--s.ion 23-4 B-417 u CHa. R CH -ES. 2 P-FIPiltate—QC FjitOgli� - CHILD CARE CENTERS 3 Ad-m-i-n-i ' ra - l CH= r, s for agricul-t-04--c County Grader shed -En m=ad jac d-ivision or Town F. Allic -n-S- nel-A-IPSTRl-PT COMMERCIAL rodeos and COMMERCIAL roping arenas. G. - RC S ---or sa-lv-ag allowed by right or by permit. H Parking of more than the number of COMMERCIAL VEHICLES KENNELS, suh 4h onts of Sections -400. CEMETERIES. I. Solid W, s-te Disposal _ sites sd faciliti-e�, subject to the additional -Fee iem- nt1 Sectioi CHURCHES. J Keeping, raising or boarding of EXOTIC ANIMAL. COMMERCIAL RECREATIONAL FACILITIES K. On -e-(1- r more microwave, radio, television or other communication transmission -1 1€-- w , semi -t -y-( t -in -he ht per LOT. Commercial towers subject to the provisions of -Seat -ion 23 4440-7 CORRECTIONAL FACILITIES, subject to Article XV, Section 15-5, of the Weld County Charter. L �ELE TON NTENNA TOWERS which requi-re a Use b S- a-i-R-evi -Per-n , subject to the pro\ 3 IV, Division 10 of this Chapter. EVENT FACILITIES not agriculture -related. 96 M. On 1 ) NGLE-FAMILY DWELLING UNIT per -LOT -- 20 A above. Keeping, raising or boarding of EXOTIC ANIMALS. -rmi4ted under Section 23 3 N . MULTI -FAMILY DWELLINGS for persons PRINCIPALLY O. P. RANCHING or GARDENING. HOME BUSINESSES. Exp- n-sie r extension -o -f NONCONFORMING -}-USES -GME BU-SINESS HELIPORTS KENNELS, subject to the additional requirements of Section 23-4-400. Q. ACCESSORY BUILDINGS with GROSS FLOOR AREA 'arcer t area, as °eta. ec n Sec 'on 23-3-30 abov subdivision plat or --ie - ri o adoption of an ` ul ��trolling subd-ii-iocrs- LIVESTOCK CONFINEMENT OPERATIONS, subject to the additional requirements of Section 23-4-350. R CORRECTIONAL FACILITY. LUMBERYARDS/WOODWORKING. S . An -y use permitted a a s ht n -ACCESSORY USE, or a Use 9ySp eial-Re won -tie COMMERCIAL or industrial zone districts, provided -th-at the property is net a Let -in an ap-p-roved--er recorded subdivision plat or ots parts of a mao or clan fi edn of -an -y isguI-anions Gen -trig v ee r&nt-oroposals shall not b-th-e sp I -r i oerm-it process to develop. MAJOR FACILITIES OF PUBLIC UTILITIES OR PUBLIC AGENCIES in accordance with Division 5 of Article II of this Chapter. T. GH B LID CARE -CENT -24R of Section 23-5-1030. MEDIUM SCALE SOLAR FACILITY, subject to the additional requirements U BED AND BREAKFAST FACILITY. Open MINING and processing of minerals, subject to the additional requirements of Article IV, Division 4. V. Flare than one -0) semi --trailer when-u-sed-asa-per-se-na-1 storage unit, on lots in an _ approved r recorded subdivision o°at or LOTS which are -part of a map oriplan filed prior to tho adept-i-on of any regulations controlling suodivisions; and mere tha emi-trailers on agricultural parcels not in a -n approved or recorded subdivision plat of LOTS which —a- e part ^f snap or plan filed prior to tie acootion of any regu ations contro ing supcivisions in tie A (Ag-ri-cutura )-Zone District. MULTI -FAMILY DWELLINGS for persons PRINCIPALLY employed at or engaged in FARMING. W. USES similar to the LAPSES listed above as Uses-b-S-peciaReview-as long as the USE o ompties with X Y Z. th e -q • u4tural) Zone District. NONCOMMERCIAL TOWERS requiring approval of a Use by Special Review. PROCESSING OIL AND GAS STORAGE FACILITIES. RESEARCH LABORATORY. OIL AND GAS SUPPORT AND SERVICE. HEAVY MANUFACTURING, PROCESSING. PRODUCTION/COMPOSTING FACILITIES. ORGANIC FERTILIZER AA. WI -ND TURBINE. Height stipulation -Of seventy (-7--0)-feet or less does not apply. of PUBLIC utility -related equipment. OUTDOOR STORAGE BB. More than the number of cargo containers allowed -as a use hi -right per legal lot or parcel. - DOMESTIC WATER in accordance with Division 6 of Article II of this Chapter. CC. Cemetery Private SCHOOLS. PIPELINES 97 DD. EE. RESIDENTIAL THERAPEUTIC CENTER RACING FACILITIES. Article I , Division 4 and Chapter 23, Article IV, Division 6 of this Code. REPAIR SERVICE ESTABLISHMENT. FF. BREWERY. GG. BREWPUB RESEARCH LABORATORIES. RESIDENTIAL THERAPEUTIC CENTERS. HH. DISTILLERY. 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. KK. n i feet in height. TELECOMMUNICATION ANTENNA TOWERS requiring approval of a Use by Special Review 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 and historic tt • wnsites. No BUILDING, STRUCTURE or land shall be USED, and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the A (Agricultural) Zone District in SUBDIVISIONS or HISTORIC TOWNSITES except for one (1) or more of the following USES. A. ANIMAL BOARDING and animal TRAINING FACILITIES where the maximum number of ANIMAL UNITS permitted in Section 23-3-70.D below is not exceeded and traffic to and from the facility does not exceed sixty (60) daily trips. B. COUNTY grader sheds. C. FARMING and GARDENING including STRUCTURES for storage of agricultural equipment and agricultural products and confinement or protection of LIVESTOCK. Converted, partially dismantled, modified, altered or refurbished MANUFACTURED HOMES shall not be utilized as agriculturally exempt BUILDINGS or for the storage of agricultural equipment or agricultural products or confinement or protection of LIVESTOCK. D. CAMPING, FISHING, HUNTING, and noncommercial WATER SKIING. 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 E 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.) 98 K. UTILITY SERVICE FACILITIES. L. Water tanks, agriculture -related. Sec. 23-3-50. - Accessory uses in subdivisions and townsites. he ulk requiTements for the A (Agr' The following BUILDINGS, STRUCTURES and USES shall be allowed in the A (Agricultural) Zone District on LOTS in SUBDIVISIONS and HISTORIC TOWNSITES so long as they are clearly incidental and ACCESSORY to a USE Allowed by Right. 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 ao a te: 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. l-r4---ig-h-y-( or -nizedas' h a If -of _ a -q 2. Q-riyei-g h ty (80) a c r- s, (-e r is a-1aa rce A-- ? rw: se r -e --€e -d-a s half of-a--quarteref-a-quarter secti o B. Minimum SETBACK: twenty (20) feet. Fees E- .-de-m- ® pith the mini -RR -urn -SF -MACK and -may -be located on the property lip e. Fe-ne _ s locate -on -cooper h -t f-vva �yy shall not obstruct the view of vehicular traffic at an tnterseeti - One (1) CARGO CONTAINER per LEGAL LOT. C. Wkn i m u r n--O-l=F-E -&h-v e( , est, or J n.e whichever is g-rea-ter:-F-ences are not regthr located on `he--p-roperty l-ine. OFFICES. earh three (3) feet of T, D. V v�.f-u-m-nan1-bear-o-f-AN-YM -T fitted es acre: in accord -a -n ;e with the nunc r.p r-csho i table a s-soc i a to d-wi -t c o-- eti -tf e n---efAL J N -- NONCOMMERCIAL JUNKYARD, as long as it is enclosed with 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- -,s lLD-NG or STRUCTUR as-drefi-ned and4imited to those--eccupa- -4-fist d-as-G-r-oupe H, 1, _ M and R i-n-Section 302-A of- 0-12 Code,s aU be cony uste ai-in a aundred-foot radius of -an -y ton-i batte-r-y, within a one hand kti-fty-fe aeius of -any wellhead or within a twenty five-foot-radiur r -e-ned oil an -e --g- s- -I-G—A cons_ruction with n a rid -ea -toot -S. a / tank !ba-ttery or one hundred-fiftyer a ice- £ re a variance -from the terms -of --t s -Oh -a -p- n—� vitn Subsection -6 10.C. of this Chapter. Parking areas and parking STRUCTURES, not including parking of COMMERCIAL VEHICLES. F. ha-n�a - d/ -or s -ca -g --criteria may -be based upon compatibili-ty with en-t _ LOTS and and uses STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23- 3-30. G. Ail e,;..,&< <�-�, aU l i dding-842H— o �� ; -�'� 1 � �;l be ��-�z�.. � n a r'�-�d- �`i-'— � i-� ��-- a.��-�'� ��'-�� )%. J tier / � '4 : r : ..:.{ � !.. bd b..� ! zi ✓ L.,/ �+ �sl tl at � t7 I 4. 4 E.• T L � 4„ GENERATORS allowed as ACCESSORY USES in Section 23-4-450 of this Chapter. Sec. 23-3-55. a Uses allowed by permit in subdivisions and historic townsites. WIND No USE listed in this Section shall commence construction or operation in the A (Agricultural) Zone District on LOTS in SUBDIVISIONS and HISTORIC TOWNSITES without prior approval of a land use 99 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. COMMUNITY BUILDINGS permitted under Division 17 of Article IV of this Chapter. F. CONTRACTOR'S SHOPS permitted under Division 17 of Article IV of this Chapter. G Farm equipment sales, repair and installation facilities permitted under Division 17 of Article IV of this Chapter. H Golf courses permitted under Division 17 of Article IV of this Chapter. I. HOME OCCUPATIONS permitted under Division 13 of Article IV of this Chapter. J. Keeping between five (5) and eight (8) HOUSEHOLD PETS of one (1) species, or between eight (8) and sixteen (16) HOUSEHOLD PETS of two (2) or more species and, in addition, up to thirty (30) birds, permitted under Division 17 of Article IV of this Chapter. K. MANUFACTURED HOMES and STRUCTURES permitted under Division 3 of Article IV of this Chapter. L. NONCOMMERCIAL TOWERS between seventy (70) and one hundred thirty (130) feet in height permitted under Section 23-4-895. M. OIL AND GAS FACILITIES permitted under Division 10 of Article II of this Chapter. N. PIPELINES - NATURAL GAS or PIPELINES - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS permitted under Division 11 of Article II of this Chapter. O. RECREATIONAL FACILITIES, PUBLIC and PRIVATE, permitted under Division 17 of Article IV of this Chapter. P. One (1) SEMI -TRAILER USED as ACCESSORY storage per LEGAL LOT permitted under Division 11 of Article IV of this Chapter. O. SHOOTING RANGES permitted under Division 17 of Article IV of this Chapter. 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 JSES 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. Sec. 23-3=60. 'Corn -Gel rated Anim . ---Djsn- - Repeal in its entirety and Replace with: Uses by spews review on subdovSo®mso 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 100 Review Permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. A. ACCESSORY BUILDINGS with GROSS FLOOR AREA larger than four (4) percent of the total LOT area, as detailed in Section 23-3-32 above. AGRICULTURAL PRODUCTION. C. ANIMAL BOARDING and animal TRAINING FACILITIES where the maximum number of ANIMAL UNITS permitted in Section 23-3-70.D below is exceeded or traffic to and from the facility exceeds sixty (60) daily trips. D. CAMPGROUNDS. E. More than one (1) CARGO CONTAINER. F. CEMETERIES. G. CHILD CARE CENTERS. H. CHURCHES. I COMMERCIAL RECREATIONAL FACILITIES J. COMMERCIAL rodeos and COMMERCIAL roping arenas. K. Disposal of DOMESTIC SEPTAGE permitted under Chapter 14 of this Code. L. EVENT FACILITIES not agriculture -related. M. Keeping, raising or boarding of EXOTIC ANIMALS. N. Grain, seed, feed, and fertilizer retail and wholesale sales. O. HOME BUSINESSES. LIVESTOCK salebarns. Q. KENNELS. R. ORGANIC FERTILIZER PRODUCTION/COMPOSTING FACILITIES. S. OUTDOOR STORAGE of PUBLIC utility -related equipment. T. Private SCHOOLS. U. REPAIR SERVICE ESTABLISHMENT. V. RESIDENTIAL THERAPEUTIC CENTERS. W. RESTAURANTS. X. One (1) second SINGLE-FAMILY DWELLING per LEGAL LOT of at least two and one-half (2.5) acres. Y. More than the number of SEMI -TRAILERS allowed by right or by permit. Z. USES similar to the USES listed as permitted as long as the USE complies with the general intent of the Zone District. AA. WIND GENERATORS requiring the issuance of Special Review Permit under Division 6 of Article IV of this Chapter. 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 101 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. CHILD CARE CENTERS. J. CHURCHES. K. COMMERCIAL RECREATIONAL FACILITIES L. COMMERCIAL rodeos and COMMERCIAL roping arenas. M. COMMERCIAL SCHOOLS. N. Parking of more than the number of COMMERCIAL VEHICLES allowed by right or by permit. O. CUSTOM MEAT PROCESSING. P. Disposal of DOMESTIC SEPTAGE permitted under Chapter 14 of this Code. Q. EVENT FACILITIES not agriculture -related. R. Keeping, raising or boarding of EXOTIC ANIMALS. S. FUNERAL HOMES or mortuaries. T. Grain, seed, feed, and fertilizer retail and wholesale sales. U. HELIPORTS. V. HOME BUSINESSES. W. HOTELS/MOTELS. X. LANDSCAPING COMPANIES. Y. LIVESTOCK salebarns. Z. 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. RETAIL/SERVICE ESTABLISHMENT. 102 JJ. One (1) second SINGLE-FAMILY DWELLING per LEGAL LOT of at least two and one-half (2.5) acres. KK. More than the number of SEMI -TRAILERS allowed by right or by permit. LL. TRANSLOADI NG. 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. 23-3-700 0 Bullk requirements. The following lists the bulk requirements for the A (Agricultural) Zone District. Land in the A (Agricultural) Zone District is subject to the requirements contained in this Section. A. Minimum LOT size: 1. Irrigated: eighty (80) acres (or is a parcel otherwise recognized as half of a quarter section). 2. Dry: eighty (80) acres (or is a parcel otherwise recognized as half of a quarter section). 3. LOTS less than eighty (80) acres in size: a. Within an HISTORIC TOWNSITE, as defined in Sec. 23-1-90 of this Code; b. Created prior to September 20, 1961; c. Created in compliance with the Weld County Subdivision Regulations; d. Created in compliance with the Weld County Subdivision Ordinance, Weld County Ordinance 173, or e. Created in compliance with Chapter 24 of the Weld County Code. B. Minimum SETBACK: twenty (20) feet. Roadside stands shall be located not less than fifty (50) feet from any PUBLIC RIGHT-OF-WAY. C. Minimum OFFSET: three (3) feet, or one (1) foot for each three (3) feet of BUILDING HEIGHT, whichever is greater. D. Maximum number of ANIMAL UNITS permitted per acre: in accordance with the number shown in the table associated with the definition of ANIMAL UNITS set forth in Section 23-1-90 of this Code. The maximum number of HOUSEHOLD PETS per LOT shall be four (4) HOUSEHOLD PETS of one (1) species or a total of seven (7) HOUSEHOLD PETS of two (2) or more species, except that on a LOT of at least ten (10) acres and not in a SUBDIVISION or HISTORIC TOWNSITE the owner or occupant shall be permitted to keep or maintain up to eight (8) HOUSEHOLD PETS of one (1) species or sixteen (16) HOUSEHOLD PETS of two (2) or more species, and up to thirty (30) birds. E. No occupied BUILDING or STRUCTURE shall be constructed within two -hundred (200) feet of any TANK BATTERY, within one hundred -fifty (150) feet of any oil and gas wellhead or within twenty-five (25) feet of any plugged or abandoned oil and gas well. F. Sources of light shall be shielded so that beams or rays of light will not shine directly onto ADJACENT properties. Neither the direct nor reflected light from any light source may create a traffic hazard to operators of motor vehicles on PUBLIC or private STREETS/ROADS. No colored lights may be used which may be confused with or construed as traffic control devices. Sec. 23-3- 00. o 8ntent. The R-1, R-2, R-3, R-4 and R-5 Residential Zone Districts are intended to provide 1 ° present and future residents of the COUNTY with areas in which to locate and establish a variety of residential land USES and land USES that are compatible with residential areas. The Residential Zone Districts are Tn-tended to be typically located, designed 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. in a manner that is compatible with Chapter 22 of -this Code and the -adopted master plans of -affected municipalities. 103 Sec. 23-3405. — Water and sewer requirements. A. For all R Zone Districts, all USES requiring water on LEGAL LOTS created prior to August 25, 1981 shall provide evidence that an adequate source of water and an adequate sewage disposal system are available prior to the issuance of a building permit. The sewage disposal system shall comply with the On -Site Wastewater Treatment System regulations contained in Chapter 30 of this Code or shall be served by PUBLIC SEWER service. LEGAL LOTS created prior to August 25, 1981, but later combined to form a larger LOT shall be considered as having been created prior to said date for the purpose of this section. B. USES requiring water on all other LOTS in R Zone Districts shall be served by PUBLIC WATER from a water district or municipality and PUBLIC SEWER service. Sec. 23-3-110. - R-1 (Low -Density Residential) Zone District. A. Intent. The purpose of the R-1 Zone District is to provide areas in-theN-TY predominantly for suburban -scale SINGLE-FAMILY residential USE that are located, designed and developed in compliance with C -ha 2 the applicable requirements of this Code a-nd the ac -opted MASTER PLANS-- ftt municipalities. The R-1 Zone District is also intended to accommodate nonresidential land USES that are both ACCESSORY to and or compatible with residential Uses USES AUe need -by Right in the Zone District. This Zone District may serve as a transition between E and R-2 Zone Distrticts 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 D-i-str ict-mu-s-g be -USED Ath the bulk req-u-irements ents cony -aim in Sr iow. @ `rin- Li - n -the R -1 - Zone DistrL‘ "ect to the additional -r -r-cments contained in A�tiol-es IV and V of h s -h-pte - 1. N -G -LEE-- , I `� '! ELL -1 'goer L E G-AJ FAM I LY--DWE L l -I N G shall be connected to and wed -la -.BLIC WA1'E , . em and --a PI IeL iC SEVER system. Thi-s requirement does not appl-y to any -LEGAL LOT-cce t a- r-i-e-roe-tch-e original effective date of this Chapter (August 25, 1981). FISHING and noncommercial WATER SKIING. 2. -Pal-C--parks and PUBLIC recreation areas. GARDENING. 3. PUBLIC SCHOOLS PUBLI SCHOOlreAension SS. -sue- 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. 5. L mtATV RVlCE SAC°P T PUBLIC parks. PUBLIC SCHOOLS. 6. One (1) SINGLE-FAMILY DWELLING,_ POSTED CARE ow. -or GROUP HOME FACILITY LEGAL LOT. 7 POSTER R E —I -I -O -ME. UTILITY SERVICE FACILITIES. per 8. CARGO C -' 'IN -ER.- ed as a SINGE-=AIVIILY DWELL! per LEGAL a %NGLE- FAM-ILY DWELo i G shaft -be connected —to, and served by, a PU- -IC WATER system and a PUBLIC SEWER —s: .. r-i° re ; uire-m-ent doer- ap e-a-nw-LEGAL LOT created prior to t h e o r ig i° a-#-ete of this C a OILAND GAS FACILITIES. .' G -LA Reg ptr -s- Se Peery -4-n the R-1 (Low -Density JOGLA has been issued by the Deraartment of Planning u #y �ammi� rs—in accordance with--thepplicatio procedures set forth in Article a I, Division 104 1 --!L EL _ I Ka. -------i 9AMd L GAS or PP \I �`� T-U-RAII GAST RR -an 0--C-TS ThHE R T H N q. LAPP i-re�d . -- NATURAL GAS -o -r -P r _ `E( A _ P' R- . ° UCT- �T r N p. -A -T --U bRoA L -GA sh-a-1-I-be- -ev-o -pe-d- in the -R -4 --Low Density ti s-i8e-nt-i Z a --D t ict-u t ! a LAP has peen issu - h-e—Departm -nt of Plann-i--n-g Sep i-Gs- or the -Boascd-of- rs Mtn the ap} tiv set-forfl - +i5 n 11, of Cpter. 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. Ace es o°--Usesoh-e--fellav : j-- B-U-l-LD I N G ` , T -►R U C TURF= S-an-dS s h 341 be a-l-Iew- 4n4n e--RR- ZGReDistrict so Iong-a-s4he e i -Mental ane- ' SSQ "it-te4he Us ed- the R 1---o-n-aion B U -I L D-, S -T R U C T U R -an- d -U S -E S must be -designed, - an 1-operat l-i n conformance with the bulk reo a r-emn s contai ne Section 23 3- _ 60 Slow —H. A-C-CQR-Y-U-S-E-S-4-n- _ the n e Da -lot -are also subject to —tine ad4itie Rei-- - -i rzemen ntai n-ed1 ;n Artlee I V-a-n-d--ot-th-i--s--Ghapte r. Nett t : The cons b i n ec -RR- -S -F-_00 R O EA of- ill A C -C . -attar t ne original e f-eotive date --of- C e ate,r (Au g -u _ st 25T 1931-y0in an_a - °, or reco 'PaLe: subdivision plat oc --: part of a mae-e-Hatan-fr9f-d--p-Fi dop tien-e- of -less -than ten (10) acres sh --nte <ceed r p -e � r ( ° of the —total —lot —area, excepwhen a greaterigerceRtage is e-w-yc u rs u- i - - v -e acs s or om ° one rs-asse-Gia l -s a cd-e- p -t _ in n al -Urban i z -a t ion Areas f ,- 17' o s -h a -I l a8h-e-ro °--U1 -d-evel-el -n-t standards. - ewe-1,Le r, in--no-Ga-s Thal -lie h -an -ac c e ss whe -rocs floor area -of the -primary residence o n -4n e lot e x-ee-pt b- v -a -n-e . Any accessory structure made nonconfoc ing by- a-lapI. 9n -e R-rte--Sien may- n, p -d, replaced or restored in total- -Garag-es, carports a n e k n -g 2. _ min -i ooIs, tennis-ccou-r4s and similar R- C-RJ '► -NIA-I -IA4c1t E -T -I E 3. S -t RNAS, in accordance with the provisions of Art - --P ivisi -f-tbi--Cnap-er. 4,----H-0-31,E O C C U ST N S CLASS-- e rrn I ss I We -form of H -O -.M- C' PATI-O-N- a � - I9- �-sicyor�tiai ZoRe i is -and shall comply -with Section 23440 --of tP -Chapter- 5. for :ge of the -se- h--oo e s, o --parts thereof, which are d fi,ied-in Section '12-1-2-1-Q-1, _ C. R.S , and are -SCREEN -ED; and/or the stns w 42-) vehicles which, mg-EH:el-less- condition and/or classification ERELIC i VEHIC. CS7 ,-ar- o n opera, o -t any time the- -i od-r , nctio n ec or sponsored -race, derby or e an -t -a- l --are SCREEN 6. -�`, n y- -7 -r-S C TU-R-E or —USE -clearly incidental and A -QC O R Y to a---U-sue-/ in the -PA Zone -Di -strict. 7. ED - Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in the R-1 Zone District so long as they are clearly incidental and ACCESSORY to a 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 105 and HISTORIC TOWNSITES shall not exceed four (4) percent of the total LOT area, except in Regional Urbanization Areas (RUA), which shall adhere to RUA development standards. However, in no case shall such an ACCESSORY BUILDING in a SUBDIVISION or HISTORIC TOWNSITE exceed twice the GROSS FLOOR AREA of the principal DWELLING UNIT on the LOT except by VARIANCE. Any ACCESSORY BUILDING made nonconforming by application of this Section may be repaired, replaced or restored in total. 1. Parking areas and parking STRUCTURES, not including parking of COMMERCIAL VEHICLES. 2. STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3-110.B, not including CARGO CONTAINERS. 3. Swimming pools, tennis courts and similar ACCESSORY USES and STRUCTURES. 4. WIND GENERATORS allowed as ACCESSORY USES in Section 23-4-450 of this Chapter. ev S, STRUCTURES and USES may be c-e-ntru-ct-mo€1, 9rmit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. 3. Private SCHOOLS. /1. CHURCH - 5. PRIVATE RECREATIONAL FACILITIES. 6. OIL OR GAS PRODUCTION FACILITIES. 7. ACCESSO lot area; recorded controlling subdivisions. 8. CHILD CARE CENTER. CEMETERY. 10. RESIDENTIAL THERAPEUTIC CENTER. REA larger than four percent (4%) of the total E. Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or operation in the R-1 Zone District without prior approval of a land use permit from the Department of Planning Services. 1. HOME OCCUPATIONS - CLASS I permitted under Division 13 of Article IV of this Chapter. 2. One (1) NONCOMMERCIAL TOWER between forty (40) and seventy (70) feet in height per LEGAL LOT permitted under Section 23-4-895. 3. OIL AND GAS FACILITIES permitted under Division 10 of Article II of this Chapter. 4. PIPELINES - NATURAL GAS or PIPELINES - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS permitted under Division 11 of Article II of this Chapter. 5. WIND GENERATORS requiring a zoning permit under Division 6 of Article IV of this Chapter. F. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained in the R-1 Zone District upon approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. 1. ACCESSORY BUILDINGS with a GROSS FLOOR AREA larger than four (4) percent of the total LOT area, as detailed in Subparagraph D above. BED AND BREAKFAST FACILITIES. 106 3. CEMETERIES. 4. CHILD CARE CENTERS. 5. HOSPITALS, nursing homes, rehabilitation centers. 6. PIPELINES - DOMESTIC WATER in accordance with Division 6 of Article II of this Chapter. 7. RESIDENTIAL THERAPEUTIC CENTERS. 8. USES similar to the USES listed as permitted as long as the USE complies with the general intent of the Zone District. 9. WIND GENERATORS requiring the issuance of Special Review Permit under Division 6 of Article IV of this Chapter. 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 COUNIr`C for DUPLEX residential USES that are located, designed and developed in compliance with the applicable requirements Chapter 22 of this Code an -d the adopted MASTER PLANS of affected municipalis. The R-2 Zone District is also intended to accommodate nonresidential land USES that are bath ACCESSORY to and or compatible with residential Uses USES _Al- w-e-cl—by-R-i_g-ht 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. !end in t -he e USED in--com-p-14Rce w-i-ththe bulk req-u+rement-s contained-i-n Section 23-160 below. USES within -the R-2 Zone District are -also subject to the additional requi-r-e- nts contained in Ar-tic-tes-Pi and -V of this Chap 1. USES listed as uses by right in the R-1 Zone District. SKIING. FISHING and noncommercial WATER 2. DUPLEX DWELLING UNIT. Said —DWELLING UNITS shall be connected to and served PUBLIC V ER system and a PUBLIC SEWER system. This requirement does not GARDENING. PUBLIC parks and PUBLIC recreation areas. PUBLIC SCHOOLS. One (1) NONCOMMERCIAL TOWER up to forty (40) feet in height per LEGAL LOT. (See Section 23-4-895.) Police and fire stations or facilitie& ►. PUBLIC SCHOOLS PUBLIC parks 76. One (1) SINGLE-FAMILY DWELLING, DUPLEX DWELLING, FOSTER CARE HOME, or GROUP HOME FACILITY per LEGAL LOT. UTILITY SERVICE FACILITIES. C. Uses Allowed by Right subject to the requirement of Site Plan Review. The following USES shall be allowed in the R-2 Zone District following approval and recording of a Site Plan in accordance with Article II, Division 3, of this Chapter. USES allowed by Site Plan Review in the R-2 Zone District shall comply with the bulk requirements contained in Section 23-3-160, below. USES within the R-2 Zone 107 District are subject to the additional requirements 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. A-ece s y -Uses. k-he--fol-loktiving BUILDINGS, STRUCTURES and ! �cSES sha l be -allowed i-n-the R-2 Zone District so long as l� -inside fal ate Ie Uses Allowed by Right in the -R-2 Zone Dist —Such B! -IL DING STR it T RE and SES must b designed, constructed a -n -d -operated in conformance with the bulk requi-Fements contained in --Section 23-3-160 belowT CE contained in Art ACCESSORY B-W-IDI NGS constructed after the on !so subject to the additional requirerna combine -d —GROSS FLOOR AREA of ail tine date &Mt- , n ap-eroved or recorded subdivision -pi -at or LOTS -part of a map or plan filed prior to-ad-aptian of an- gulati-ons control -ling subdivisions of less than t�., 0) acres hall no4-exceed four percent (z1%) of the -total to , excepts �e al—banization Are-a--(RUA), which sly -mil, adhere to RUA development standards.: y Afer, in no case shall such an accessory bui•l-d-ing exceed twice the -gross floor ar si-dense on the lot —except by variance. Any tu made nonconformin application of this Section may -be repaired, re-placerd-o-r restored in total. 1. E ted-as ACCESSORY USES in the R-1 en -e District. D. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in the R-2 Zone District so long as they are clearly incidental and ACCESSORY to a 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 23-3-120.B, not including CARGO CONTAINERS. 3. Swimming pools, tennis courts and similar ACCESSORY USES and STRUCTURES. 4. WIND GENERATORS allowed as ACCESSORY USES in Section 23-4-450 of this Chapter. E. Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or operation in the R-2 Zone District without prior approval of a land use permit from the Department of Planning Services. 1. HOME OCCUPATIONS - CLASS I permitted under Division 13 of Article IV of this Chapter. 2. One (1) NONCOMMERCIAL TOWER per LEGAL LOT between forty (40) and seventy (70) feet in height per LEGAL LOT permitted under Section 23-4-895. 3. OIL AND GAS FACILITIES permitted under Division 10 of Article II of this Chapter. 4. PIPELINES - NATURAL GAS or PIPELINES - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS permitted under Division 11 of Article II of this Chapter. 108 5. WIND GENERATORS requiring a zoning permit under Division 6 of Article IV of this Chapter. F. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained in the R-2 Zone District upon approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. 1. ACCESSORY BUILDINGS with a GROSS FLOOR AREA larger than four (4) percent of the total LOT area, as detailed in Subparagraph D above. 2. CEMETERIES. 3. CHILD CARE CENTERS. 4. HOSPITALS, nursing homes, rehabilitation centers. 5. PIPELINES - DOMESTIC WATER in accordance with Division 6 of Article II of this Chapter. 6. RESIDENTIAL THERAPEUTIC CENTERS. 7. USES similar to the USES listed as permitted as long as the USE complies with the general intent of the Zone District. 8. WIND GENERATORS requiring the issuance of Special Review Permit under Division 6 of Article IV of this Chapter. Uses by S p-i-a1 occupied. with ti s and procec u res set fo m i A -the P-2 Zone -District u c e D aon v s a 3 o n ' Drove of a aermit in accordance 1. US -ES -listed as Uses by Special Review -for the R-1-Zon-e-D-i-striotT Sec. 23-3-130. - R-3 (Medium -Density Residential) Zne District. A. Intent. The purpose of the R-3 Zone District is to provide areas i-n the COUNTY for medium higher density residential uses that are located, designed and developed in compliance with the applicable requirements Chapter 22 of this Code d MASTER PLANS of affected municipalities. The R-3 Zone District is also intended to accommodate nonresidential land USES that are both ACCESSORY to or and compatible with residential Uses USES AA4 wSd 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-i th R--3 Zone District must be U -SE in compliance with the b-Ik requirements contained in -Section 23 3 60 article. USES with-i-n the R-3 Zo n—D-i-strict are also s bje to -the add o quirements contained in Articles IV and V -of this -Chapter. 1. DUPLEX DWELLINGS. 2. FISHING and noncommercial WATER SKIING. FOSTER CARE HOMES, GARDENING. GROUP HOME FACILITIES. . One (1) NONCOMMERCIAL TOWER up to forty (40) feet in height per LEGAL LOT. (See Section 23-4-895.) PUBLIC parks . PUBLIC SCHOOLS 0. UTILITY SERVICE FACILITIES. 109 Mt -adored D E-LLtNG UNITS of two (2) or more but net more than six (6) -D -WE- LINGBRITS-per LG AL —LO .L . Sa-id _ D' /Elm { cted to and serve° b -y a -D U. -B -LL- �r-A-T-E-R system and -a P 4 U' J u i re m e-nt does lot --ap pl �y-te ant -LEGAL LOT Feetive date of this Chapter (August 25, 1-931-)- crea-tecl-p-FioF-to-t 2. SLIC park -s - and PUBLIC recreation areas. ice a n-dfire stations or-tac ii -it- es . °�.U-TThLL TY SERVEFAU T LE S 6 GRQL P HOME F A liT 7. G OS TIE R. E l MA r LI-R L G A-S-er-R Ate' PELI NE P ETR O LE LLM4-P� D C S 0TH -ER -THAN -N- U RAL a. L ,� r -e !-[ o PIPELINE - NATURAL GAS -ter PIPELINE. --b DUC OTHER —THAN -NATURAL G h a be e o pad in the R--3 .Medium D -e :I Zene-District until a LAP has bee-; s&u� --L� the D Plannin F wes or the -Be-a-rd-ef-C-ayhty Commissioners in acco r -d a -n -c-- wi-th t e a ppI-i atii--o-n-pr-ec d -i3 --d- s -seteir- -h4 D c� 11, C. Uses Allowed 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 subject to the additional requirements 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. 7. TRIPLEX DWELLINGS and MULTIFAMILY DWELLINGS with up to six (6) DWELLING UNITS per STRUCTURE. Accessory Uses. The folio -win IL nI USES ll be allowed in the R-3 t so long ashey are clearly incidental and ACCESSORY to the Uses Allowed " R1gh the-- ` 3 _ Z--ee District. SUh BU- �,-- d ie mwst be de-sienod, oo icy S andopera ed in conformance with the bulk requirements contained in Section 2-3-3460--be-low. i ; -in the R-3 Zone District are also subject to the additional requl-rerr gents contained in Articles IV and V of is C iao�nte: Tie oo ec GROSS—FL00R- R -1 A C S O v Bi is DiN s t to � fh ffecti e—da —f r ( ust 25, 198') on LOTS in an aooroved or recorced subdivision Net or LOTS part of a map or plan-fi-fed prior to -adoption of any regulations controlling subdivisions of less +h am e acres shall not exeeed4 -(RUA), which shall -ad -here �-exceed twice per °% -total lot area to-RUA development standards. Howev the grass fl-oor a made noncom T the lot except by va 1. USES listed -as ACCESSORY USES in the R-1 Zone District. LA, ostored in to-tak 110 Sec. 23-3-140. - R-4 (High -Density Rasidential) Zone District. A. No area of the COUNTY shall be rezoned to the R-4 Zone District after July 25, 2019. •I -n -t -en -t— 1The pu-rpose i-s -to--pro' -al r s-i--i the COUNTY for-high-densfe-r-high-den-s-ity-resicial _ �.. that are located, designed a, -d -:-evo C-h-ajat 2- f -this Code and 3 -do-p-ted. MASTER PLANt-e---runiii ri tees. T h -e -R-4 Zoni-ncoed to accommodate non Fes l d e n to l l a -n d USE it h rrebc h --P QR-Y-rto anil-1co mcat-o-b4o J ses-All l o wed- by-Righ t in the Z o t i o D-i s-fr-i t 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. o- c -t - -one- st i must-b•s-used in Co mn rgri n ce 4h t hie -i9141 @ e#F no s C0r� -gin-- ec a o ; - 3.16 b - i, a -n --the R-4 s u b; ect to the ao -a-i a-1-re-q-�.1-i- -n- s-cema1ned in Art4cles-- V and V o f th-i- Chaptr. 1. DUPLEX DWELLINGS. 2. FISHING and noncommercial WATER SKIING. FOSTER CARE HC�'E j. GARDENING. GROUP HOME FACILITIES. One (1) NONCOMMERCIAL TOWER up to forty (40) feet in height per LEGAL LOT. (See Section 23-4-895.) PUBLIC parks PUBLIC SCHOOLS --9. UTILITY SERVICE FACILITIES. DWELLING kR-U-E.-.S w --more J -NI TS per ` r\-- B LAC .--T ER —s - .-a--nd--a-NP- -B sue= �b 9 .-T N s --re auki•r rn e t -d oe-s-Rcyl p -1 f- -arty y L E G A JLO T _ o e d -p r -to the o d i g-i n -a 1 t 4ht pts e s 25, 1984 2. P-U-B-LIC oarks and U -SIC recre. n -areas. P U- nC s- h- Pol ce 1n€ ire a ns ter- faciIi-ti- JRVICSACI4T8 6. G -R U IP HrO—FAS � -;-- 7. POSTER -CARE HO -V -1--E P b EU-N E - aa. �TUi� A -or P9 -P LINE -- PE- ER c-•-effec44v-e I -C -T S -QTHE R_�I�'- A ! -, \T URA IL LA -GAS -OF -PI -RE dP Req u-d--��. P N' N'�y�' _ ° ' �`� P E a L _ a i ' -ROAD �.�- '-T R H A rCf-1\1'e' —GA sh 4kbe de b�l� i ' — h d h o• 'a ao, /- 0 —V� ll a.? �s u� Zone District until a - LAP Was _ been issued-cy the De -rtnn t c - n-nntn -S-e.s or ,t -Re Beard of Co u r ' - m n-i s s ie n e rs in -a ccer-dance w-i-fh--t-he a I- -a-t-1en prooe- d-uwog hU-i - i n 11, of th i-s- h p to C. Uses Allowed 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. USES allowed by Site Plan Review in the R-4 Zone District shall comply with the bulk requirements contained in Section 23-3-160, below. USES within the R-4 Zone 112 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 a 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 23-3-130.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. Uses by Special Review. The -,fell B n S, STRUCTURES and USES -may -be constructed, occupied, opted and main-tai-ned in the R-3 Zone District upon a,�� of -p it i-n accordance with the rte _ u*s eats and oeeckwe forth in .A le U, Division 4 -of this Chap -to -FT euia! 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. 5. PIPELINES - DOMESTIC WATER in accordance with Division 6 of Article II of this Chapter. 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. 111 District are subject to the additional requirements 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. 7. TRIPLEX DWELLINGS and MULTIFAMILY DWELLINGS. MGe--s e !-sues . The followin n g Del- ., _ wM RJ-C S a-prd Zo1se- Sc t so Io n -g- , s4he - re --ca' cai-d e -Ma l and ACC ESSORY4o-ses th-e-- —4-Zo District. Such B U 9 L Q G S, S PRU C-TU S— -J S E S must be--d-es-ig-n-ed , Constructed and-ope-ra4S i n conformconforman-ce-with-t-h-e-b-u-l-k requirements contained in Se i 2 3-3-16 0 be -I -e ACCESSORY -USES -with -in the I _ -A Zone a ict -1°-also be subject to addrn€I requ ,-reme eo-n-taine in Arti ol-l---V--an d V of _ this _ C-bh a -p r. Note: The combined -GROSS --F taR AR -EA of -all AOC the---artg-i-n -I-emu ective C , er Aug -u -s 1981)--e-n r -V- - --a-y -ved-or r .0 rc-I-ec' uladvi-si-o-n- pl at or --p€ t =ie�r .do -p t i o n oo 6`-a-f� ° -e-t i of n s c o- %r rak 1 -n -g stWa r °r 4 i-e-n-s---G4- e s s than-; c-- -� -O-)— res-- s- pn o' 4 ex -Geed -four e-rceSk(4%)-of fhe teal lot area, except in the -Regional Urbakn - i -Asa-; `), ��vhis I1 e te-gaveIopme6 standard -,--low r, in no-caseaII such an a, - r �i, i e eeea i the gross floor area -of- -e-; r~i-n -r �s -the---lot e -e-ipt-b-y-v— an- n),,'--61-ostructure made e n o n ee n fo-r- to g plicati-o n -of hs Section -may- e-re-pa-i ed , re ptaeed=r-e ( e d i n-teta-k 1. --USES step -a -s -AC -C E A`<-JU Sin the -R-1 Zone D r D. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in the R-4 Zone District so long as they are clearly incidental and ACCESSORY to a 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 23-3-120.V, not including CARGO CONTAINERS. 3. Swimming pools, tennis courts and similar ACCESSORY USES and STRUCTURES. WIND GENERATORS allowed as ACCESSORY USES in Section 23-4-450 of this Chapter. Special- Te v. T e-foll ng w o - I N,r° RUCTURE - c' ay be constructed, occupied Aerated ano maintained in the RA -Zone mit in accordance with th-e4cLo a rerfln d proced-ures set- h--n-Artioi-o W -Division 4 of this Chapter. 1. SE S -1-i s-te-d-a -Uses . -y-S-peeiak-R e Ii -for-the-R1 _ Z- - -D i -tfi c - E. Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or operation in the R-4 Zone District without prior approval of a land use permit from the Department of Planning Services. 1. HOME OCCUPATIONS - CLASS I permitted under Division 13 of Article IV of this Chapter. 113 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 Regu-i-red.-N-e-I,a- d, BUILDIN-G-or STR-UCTU-RE shall be USED, changed in USE or type of occupancy, DEVELOPED, erected, constructed, reconstructed, moved or structurally altered or ooeratec in tie R-1 Zone District unti a Site P an Review has been approved by the Department of Planning Services. It shall be necessary that the applicant in the R-4 Zcne District certify and state R-'1 have been-er sh-al-be, 1-a �- ,n om-, rt l�e II, Division 3 of this Chapter. This shall be accomplished fReview application pro — F. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained in the R-4 Zone District upon approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. 1. ACCESSORY BUILDINGS with a GROSS FLOOR AREA larger than four (4) percent of the total LOT area, as detailed in Subparagraph D above. 2. CEMETERIES. 3. CHILD CARE CENTERS. 4. HOSPITALS, nursing homes, rehabilitation centers. 5. PIPELINES - DOMESTIC WATER in accordance with Division 6 of Article II of this Chapter. 6. RESIDENTIAL THERAPEUTIC CENTERS. 7. USES similar to the USES listed as permitted as long as the USE complies with the general intent of the Zone District. 8. WIND GENERATORS requiring the issuance of Special Review Permit under Division 6 of Article IV of this Chapter. Sec. 23-3-150. - R-5 (Mobile Manufactured Home Residential) Zone District. A. Intent. The purpose of the R-5 Zone District is to provide areas USED for single-family and duplcx residential occupancy. These areas are intended to be located, designed and developed in compliance with Chapter- the applicable requirements of this Code the MASTER PLANS of affected municipalities. The R-5 Zone District is also intended to accommodate nonresidential land uses USES that are both ACCESSORY to or and compatible with residential USES in the Zone District. in the COUNTY for MOBILE HOMES 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. i istrict must be USED in 1. FISHING and noncommercial WATER SKIING. 2. GARDENING. and V of this Chapter. 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 114 6. One (1) SINGLE-FAMILY DWELLING, DUPLEX DWELLING, FOSTER CARE HOME, or GROUP HOME FACILITY per LEGAL LOT. 7. UTILITY SERVICE FACILITIES. 4-AN-U--FACTURED HOME or SINGLE-FAMI-LY DWELLIN-G--e _EGAL ®le VO3 _E -O-WE, MANU =ACT RED HOME or SINGLE-TAMILY DWE-e--I--NG shall -be connect.- U B L I C SEWER-s -requ-tement does net apply to any LEGAL --LOT _ e -re -ed-prior to the original eff a.i e -date of this Chapter -(August -2-57-1-9-81). 2. PUBLIC parks and --PUBLIC recreation areas. PUBLIC schools. A. _ PeI i ,e and- fi-re stations--ee-- i-ty- IU±\(—S-ERVICE FACILITI-ES. 6. GROUP HOME FACILITY . . FOSTER CARE HOME. G -A -S - -- _ NA U -RA -L -o4S-o F -P I P E L -N E- PE T R L E U M -P -R O -D -U -C s SY OTHER THAN -NATURAL a. LkP Required. No PIPELIN-E - NATURAL GAS----a-F-RPELINE P --E TR �U-M PRODUCTS OTHER THAN NATURAL GAS shall be develobile Home Residential} Zone District until a LAP has been issued bent of Planning Services or the Board of -County Corry--ran-i--sioners4n accordance with -the appl--ica on procedures sot teeth -4n J a sio-n 117 --of th h -a leer. Uses Allowed by Right subject to the requirement of 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. USES allowed by Site Plan Review in the R-5 Zone District shall comply with the bulk requirements contained in Section 23-3-160, below. USES within the R-5 Zone District are subject to the additional requirements 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. Accessory Uses. The following BUILDINGS, STRUCTURES and . -`� E-s-hail--h--aI-Iowod in the -R--5 Zone District -so long as they -are clearly incidental and ACC SSO of to the Uses AIIewed Ri-gh1 the R-5 Zone District. Such ---BUILDINGS, STRUCTURES and USES must be designed, constructed and operated in conformance with the bulk req uirem ts-atained in Section 23-3--160 below. ACCESSORY USES within the R-5 Zone District are also subject---tom-e 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 plat or LOTS part of a map or plan filed prior to adoption of any regulations con ss than ten (10) acres shall not exceed four eerce tom/ %) of the total In' areas except i �e Regional fr nization Area (RUA>, which iall adherr� t -1 devel�r standards. However, in no case s all such an acces-- (cood twice the gross floor area of the primary residence on the lot e c- pt �a ac c .ny accessory -structure made -nonconforming by application of this -Subsection may be repai-red-r-re ia-ce-d-ar restored 4n-tota-l- 115 D. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in the R-5 Zone District so long as they are clearly incidental and ACCESSORY to a 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 23-3-120.B, not including CARGO CONTAINERS. 3. Swimming pools, tennis courts and similar ACCESSORY USES and STRUCTURES. WIND GENERATORS allowed as ACCESSORY USES in Section 23-4-450 of this Chapter. occupi ntained in the a-5 Zo ES and USES may bo con-structed, -pproval of a permit in accordance E. Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or operation in the R-5 Zone District without prior approval of a land use permit from the Department of Planning Services. HOME OCCUPATIONS - CLASS I permitted under Division 13 of Article IV of this Chapter. 2. One (1) NONCOMMERCIAL TOWER between forty (40) and seventy (70) feet in height per LEGAL LOT permitted under Section 23-4-895. 3. OIL AND GAS FACILITIES permitted under Division 10 of Article II of this Chapter. 4. PIPELINES - NATURAL GAS or PIPELINES - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS permitted under Division 11 of Article II of this Chapter. 5. WIND GENERATORS requiring a zoning permit under Division 6 of Article IV of this Chapter. F. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained in the R-5 Zone District upon approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. 1. ACCESSORY BUILDINGS with a GROSS FLOOR AREA larger than four (4) percent of the total LOT area, as detailed in Subparagraph D above. 2. CEMETERIES. 3. CHILD CARE CENTERS. 4. HOSPITALS, nursing homes, rehabilitation centers. 5. PIPELINES - DOMESTIC WATER in accordance with Division 6 of Article II of this Chapter. 6. RESIDENTIAL THERAPEUTIC CENTERS. 7. USES similar to the USES listed as permitted as long as the USE complies with the general intent of the Zone District. 8. WIND GENERATORS requiring the issuance of Special Review Permit under Division 6 of Article IV of this Chapter. 116 Sec. 23-3-160. - Bulk requirements. fill �..� y II.1 �•;�. Afill _' -Tables 23.24 below and 23.5 lists the Bulk Requirements for the R-1, R-2, R-3, R-4 and R-5 Zone Districts. All BUILDINGS, STRUCTURES, USES, and land in the Residential Zone Districts are subject to the requirements contained in this Section. Table 2,1 ,24 23.2 Bulk Requirements for R-1, rr-2, R-3, and R-4, Zone Districts A. GB Require << ent Minimum LOT size (sq. ft.) R-1 6,000 and R-5 R-2 R-3 6,000 I 6,000 R-4 6,000 R-5 6,000 Minimum LOT area -ear residential STRUCTURE-(--sq. ft) Minimum LOT areaNntt DWELLING UNIT C. D E. 6,000 4,500 per (sq. ft.) 6,000 4,500 3,000 3,000 3,000 1,500 3,000 Minimum LOT width 50 50 50 50 50 Minimum SETBACK (feet) Minimum OFFSET (feet). •F Ace s-a-re--nee-q u ed-t-e Ge-rrd4, ,.F i f h t h e mini -mum OFFSET and i located tae property line F G. H 20 20 20 20 20 Five (5) feet, or one (1) foot for each three (3) feet of BUILDING HEIGHT, whichever is greater, or zero (0) for attached DWELLING UNITS, where permitted and where located along a party wall meeting the requirements of Chapter 29 of the Weld County Code Maximum BUILDING HEIGHT (feet) 30 Maximum LOT se-veF COVERAGE (°/0) 50 30 30 45 30 60 60 70 60 Maximum number of ANIMAL Two(2) per LOT in R-1 Zone District UNITS e rm itfiedper LOT , �+-- ntsef--S-e-eti-e -x-00. ANIMAL UNITS are not p 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. Maximum number of HOUSEHOLD PETS per premises Bulk Requ Table 2365 scr — _ tlpbe District h Requirement M i n+mum LOT area (sq. ft.} NM Reff 6,000 1 0 0 AfOj6 A C,LC,fl_l iM4+1itx1 urn LOT width (feet) so -147 Min- wpm SETBACK OFFSET tfeet3 gee Note thelow and Subsection L. Se -e Nete ibelow and Subsection L.1 4 -The minimum front--a-r-d-SETBACK in -MOBILE HOME P, shall be --,-(2Q-)-few. fie- mini m-u-mront yard set-le-ra-fr- IL-E--Hraoved prior to January 25, 1978, and- s -BB-LE 7 'E S- -DIVES NS a -pi d prior to Janu-a- , 1965, shall Abe ro- 9}-fLe Theo loeation-i�d�--thee- y r -k -s --and _ su belivisio s-fof-! QWL E HOW ES sh-al I be such that no 117 MOBILE HOME or attached oar_ of of a MOBILE HOME wencroach the nearest travel land or the ADJACENT road, flow line of the ADJACENT road or sidewalk ADJACENT to the MOBILE HOME. LK Minimum side yaR4 OFFSETS and MANUFACTURED HOME PARKS. SETBACKS minimum rear yard OFFSET for EXISTING 1. The side and rear yard OFFSET requirements in MOBILE MANUFACTURED HOME PARKS shall be based on the distance between MOBILE MANUFACTURED HOME units measured from the closest point or edge of the MOBILE MANUFACTURED HOME as follows: a. Ten (10) feet between MOBILE MANUFACTURED HOMES if the units are placed end (width) to end (width). b. Fifteen (15) feet between MOBILE MANUFACTURED HOMES if the units are placed side (length) to side (length). c. Twelve and one half (12.5) feet between MOBILF MANUFACTURED HOMES if the units are placed side (length) to end (width). d. For the purpose of this Subsection, the ends (width) of MOBILE MANUFACTURED HOMES that are greater than sixteen (16) feet in width, such as double -wide MOBILE MANUFACTURED HOMES, shall be considered to be sides of the MOBILE MANUFACTURED HOME in measuring distances between MOBILE MANUFACTURED HOME units. e. A MOBILE MANUFACTURED HOME shall have a minimum OFFSET of five (5) feet from the perimeter of the MOBILE MANUFACTURED HOME PARK or from any be utilized for a MOBILE HOME. f. ACCESSORY BUILDINGS and STRUCTURES on the same LOT or space as a MANUFACTURED HOME shall have a minimum clearance of ten (10) feet from any STRUCTURE or MOBILE MANUFACTURED HOME on any other LOT ritOE space or g. Commonly owned or utilized BUILDINGS which are accessory ACCESSORY to the MANUFACTURED HOME PARK site shall have a minimum clearance of ten (10) feet from any other STRUCTURE or iVir-O--!L— MANUFACTURED HOME. The minimum SETBACK in MANUFACTURED HOME PARKS shall be twenty (20) feet. The minimum SETBACK for MANUFACTURED HOME PARKS approved prior to January 25, 1978, and MANUFACTURED HOME SUBDIVISIONS approved prior to January 1, 1965, shall be zero (0) feet, provided that no portion of any BUILDING or STRUCTURE shall encroach into the nearest travel lane of the adjacent STREET/ROAD, flow line of the adjacent STREET/ROAD, or sidewalk adjacent to the MANUFACTURED HOME. h Park 2. (Repealed) -The side an -d —rear yard OFFSET requ-i-r-ements in the MOBILE HOME SUBDIVISIONS stall be as follows: a. b. The side (le (7.5) fe The end (widtl rear or side yard LOT line. For the purpose of this Subsee greater M -OBE -H -O -M -E -S -for the -purpose of measuring -offset. r or side y rd LOT line han seven and one half n d. ACCESSORY BUILDI ce as a e. Commonly owned or u_ ized 3! _DINGS wh'ci a=e--ACCESSORY to the subdivisions shall have mini --m side and rear YARD OFFSET from the LOT I 118 NM ML 0 No occupied BUILDING or STRUCTURE shall be constructed within a three -hundred -fifty --=GO - feet of any OIL AND GAS -PR-OD-UGT4ON FACILITYLES or within a twenty-five (25) -foot radius feet of any plugged or abandoned oil and gas well. Ar- ,` str9An i n ifh+ a4hr ee-h e ty-toots ius of OIL AND GAS PRODUCTION a vas nce from the -terms ---f this Chapter in accordance with Subsection 23 6 -lac 0-C of this (350) Coda 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. Al -1 --ex ecna- i- h4 o a.-l-be-sog-ned in accordance with P-ara-g-r-a-p-h 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. Sec. 23-3-200. - Intent. The COMMERCIAL Zone Districts are intended to implement the goals and policies of the COMPREHENSIVE PLAN and promote economic development and job creation by setting aside areas for businesses. These districts have been established to provide for COMMERCIAL areas that meet the needs of COUNTY residents and the traveling public. Attractive, inviting, and well -maintained shops, stores, OFFICES, and other BUILDINGS are characteristics of these districts. The -L,-1, -2, C ---3--a- d -C - r C O M E R C I AL Z e- &tri cts—a1., ,; d -c safe, e -ie i-e t -r -s in which to offer goods and services at -wholesale or retail. The regulations -e -t red here-i-n have been e-st-abi i-s hed so-aspim4d-e r C OMME R C IA L area s-i-r O U NTY which meet the Reeds of tPre COUNTY resid ue-i-d-vii fo1 goods and services, without creating adverse effects -en surroun b uses or an the area in which-theane--D-is-trim--is esta-b14s ed. The -s -e- regulations -ere -al -designed to promote the 11-e-r!h, safety an i-g-e erai -welfare of the present and fu4 e-vesidents of the QUNTY. Sec. 23-3-210. - C-1 (Neighborhood C mmercial) Zone District. A. Intent. The purpose of the C-1 Zone District is to designate areas for activities that provide convenient goods, services, and compatible USES primarily for the residents of adjacent NEIGHBORHOODS. When designed properly, development in this district can be located within NEIGHBORHOODS, or serve as a transitional area between properties zoneo Residential and properties zoned for more intense USES. eta-blish anc rese e areas for ac� Mt-ies i 4ch provide convenience goods and - services pri-rnarity for the -residents --of- specific NEIL BQRHOOD. The C Zone Districts s shall be leGe-Ad sign- n d ope r -t-man-ner that mini - as the ihe allowed commercial USES on -the NE GH-BORHO-OD in who p they are 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-1 Zone District except for one (1) or more of the fo-l-lo i, 9 USES, which must be coed-u-c-te-d-i-n-EN-CLOS BUILDINGS and in cot; a rc-with the per -Forman e stars aids contained in Seeti-On-2-3-3--250, below. No outs. d-e-sti-age OUTDOOR STORAGE wil-lae is allowed in the C-1 Zone District. USES with -in the C 1- ,Zo n Dt t4et s ha -1 l aa--be -s e c t t o a d o i t i ra-$sq -ui- ie-m-e n s -c ---o a. ed 4 n -A rt tee b IV am V of -this Chapter. 1. -torees and shops wh-ich- -rnish personal —services an -c oh- ise n��m�r-H-y inter ed—for nal, family or househo1-d-p r, -des by the ; eside 5€ a -f ,e- a -r - iv id aI stores or fib. no-h-a-ie a G -R S --s C .Ems, -reater than three tn-ousandd (3,000) --square feet, Stores and shops-in---hte--C-1 Zeno Dist-i -- not have business -hews 119 d -u -ring -a -n j -part of the per* m. an Examples of proper stares -of s - - ores, hardware stores, barber or beauty shops; liquor store dry cleaner -s 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. RES-TAU-RANTS, not includ-i-ng those h-aA h-u-Rdred (100) and not including -REST by,der ara - -to- met rocs—v-ehisIes on th r m s or prnreide customer seating-ea-pacity of mefe-t R - I e very of fed -of RESTAURANT operation ��tce f -premises consurnpUiont-,--naturc. PUBLIC PARKS. 3 PUBLIC SCHOOLS and PUBLIC SCHOOL ex -tens -ion c•iass -s 4. - - - ° L Q QQLS cf-it e—i-R-'ise1- s' -ctko -TELECOMMUNICATION ANTENNA TOWERS up to thirty-five (35) feet in height. 5. P U _ B41-C--R-E C R EA O N ALFAG3/4-9 L I- S, co m-u-n-ity B�U D G S, mu -se - c --a- d UTILITY SERVICE FACILITIES. 6. Police and fire stations and facilities. 7. OFFICES, brut thG n -d (3,0 9 . CHILD CARE CENTER.. -INDIVIDUAL OFFICES -AA* _ , SS FL C R -AR EA _ e -ham et - 40. TEMPORARY seasonal- Includ- p r ,rand vegetablesands, and fa e r ¢ sale of fifevverks ano Christmas trees, subject to -the permit requirements of Article IV, Div1s o -n- of this Cha-p-tar 11. Massage 1-2 . Asphalt or concretL: e=d 4 nR p ah 1 -Cd-exclusive, ef-an o -n - o n-stru n p-roject-the c n -o a -P- " road improvements -fit. , he six-month limitation for this TEMPORARY use -may be extended in six-month incre-me-n4 -at-the-is ,ret on of4 e Direct -o --r oU-A1 of PlanRine I€ Services --moo two (2) times, and therea -te aomnn-ssioners. 13. One-(1)—TELECOMMUNICATION-ANTENNATOWER subjeot to—the Division 10 of this Cha-p4er7 14. BREWPUB. 15. OIL AN --AS FACILITEST a. °+ BOG--R-oqui-red. No 01 AND GAS FACILITY shall b€ -e-l-o-ped in the C-1 (Neigh- ;o d Commo--raia)Zone D-i-strict until a-- W--OGLA has been issued by —the 0a ar n n -t of -P a13nin-g-Services or the Boar° of-Go-nty Commissionersi-n-aeeerdance with, t e -a -io --p -u-r-e—suet forth in Article I I , D i4 --o n 10, of this Chapter. 16. PIPELINE - NATURAL GAS or PIPELINE PETROLEUM PRODUCTS OTHER THAN P Reqty-irerso PIPELINE - NATURE , AS or PIPELl T -H ER -THAN -NA -U RAL GAS shall 7--o u i' a LAP h -as been-i-ssued Board of County t. ommissioners ;n a -c; ordance wit, Division 11, Oir-th4S-CAS C Uses Allowed by Right subject to the requirement of Site Plan Review. The following USES shall be allowed in the C-1 Zone District following approval and recording of a Site Plan in accordance with Article II, Division 3, of this Chapter. Any USE conducted outside of an ENCLOSED BUILDING shall be SCREENED from adjacent PUBLIC RIGHTS -OF -WAY and ADJACENT LOTS in any Zone District other 1-3. 3 I I M PRODUCTS eighborhood Commercial) of Pia n-n+ne-Se-i-oos-o-r e cedures set forth in 120 1. BREW PUBS. 2. CAR WASHES and gas stations. 3. CHILD CARE CENTERS. 4. CHURCHES. 5. COMMERCIAL SCHOOLS. 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. A Ges-se�r-y Uses. The -following BU I -L DINGS, STRUCTURES and -U -S E S shall be-a-1 t o d-i-n—t -C-1 Zone D4-string as they _ are clearly i nsi-den-tat-a n 'ACC -E S S -OR Y to the U s-ssAIe €Lb _ . Such B44ILD!I GS, STRUCTURES a-nd USES must be designed, constructed -a -Rd operated 14-1 conformancewith- t e-plrmanse-s-tandards c&n-t-a- -e-d--ice-SeG 3 � r-3.250 be ACCESSORY 0 USES withi-n-the C -1 -one District s-h1a-l-I-a l so Ise si a tcate o n a !- w re n e rats contained in Ar c! e s -a-n-c —ef-th in,C-h pte r. 1. laa- i-n-g--a-reea r�TR-U-C-T- Ear USE by em-p.Gyoc $, customers and cornpa nS e h icI - s so long as 1- -a r-kthg--ewsa rez—p-a-Veda- SCE N --E- D from A D J - -T-- ert ie--s zoned R 1, R-2-, R-3 R./1 r or F . 2. Loading areas or STRUCTURES so long as —such dg--areas or STRUCTURES are SCREENED —from -ADJACENT roperbes zoned -R4, I `°-2, R -3,-R-4- or R-5. 3. Stara g-1-B-U-I-LDINGS for materials u e d in -the -conduct of the -Use -Allowed by GROG LOO -R -AREA a--the-ACCESSORY aUILDIN° aes ndat cao the total -GROSS FLOOR AREA -e tf e r rinci-paU gS-EE--a-2d ,--C-CESSO- Y -LSE to be —larger than permitted for the principal USE. 1 One (-1-) NGUM I ! �o ` D\ E UL l I-G---'-N-IT hen U S D -a s- I iz� e nag quarters--for-the p r9 p ri eto r, 7 kers or se uri personnel responsi-bta for operating, maintaining or guarding arty - w -I- e-su,c-h-DWE NC 14N T is enci-oss= k4i-t-hah the PRINCIPAL BU!! RING. WI -ND G E N -ERA TQF 4S , which may aree-u4fe--the issuance of a —Zoning oning arm@t for WIND peiiCh-ap-tar 23, Art-i-el -I-V, Divi-sion 6 -of this C 6. TELECOM,MUNI-CATI-ON-ANTEN NPcTOWERS, which require the issuarae of a Zoning r -- UE O -� NIC aTION NTENNA TOWER, subject to he pro -ions of Artie -le !V, Division 4-¢h-iw 7 NONCOMMERCIAL TOWER. 121 D. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in the C-1 Zone District so long as they are clearly incidental and ACCESSORY to a 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 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. 7 occupied, 000rated and maintaine r - 2 _ SCREEN -ED an d do not treat , ESTAU /, NT rapacity of ove 3. Sterage BUILDINGS for materials USED in the conduct of the ise-perm ittec ch furnish personal services and merchandise primarily intended for es by the residents of the a g it which are 1�J 5. OFFICES with GROSS FLOOR AREA larger than three thousand (3,000) squarc\ feet 6. OIL OR GAS PRODUCTION FACILITIES. 7. One (1) MOBILE e -r -security personn t -he 8. CEMETERY. e-ction 23-4-220. 9 RESIDENTIAL T-H-ERAPEUTIC CENTER. ors for the y-opAet&, _ e-mp7 ,�� T� Hers ping or guarding the p-roperty subject to 40. WIND GENERATORS requiring the issuance of Use by -Special Review-Pormit, as per Chapter 23, Article II, Division 4 and Chapter 23, Article IV, Division 6 of this Code. a Jse by Soecial Review Ren2n-it subject to the provisions of Article IV, Division 10 of this Chapter. RIPELNE - DOMESTIC WATER. E. Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or operation in the C-1 Zone District without prior approval of a land use permit from the Department of Planning Services. 1. One (1) MANUFACTURED HOME per LEGAL LOT, when USED as living quarters for caretaker or security personnel responsible for maintaining or guarding the property, permitted under Division 3 of Article IV of this Chapter. 2. One (1) NONCOMMERCIAL TOWER between forty (40) and seventy (70) feet in height per LEGAL LOT permitted under Section 23-4-895. '122 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. 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. -S-i-t Plev i ew R e q uired-N---I-acui B U -I -L DI- or STRUCTURE shall -be -USED, changed in U- S -E -o -r type of occu-p-a-n- y, DEVELOPED, eract d, constructed, recon-s4ructed,-4-v-ed or struot -a-I3y altered or operated in the C-1 Zone District w t l a Site -R -an Review _ h-as--)e-a-p- eAled by theDwai4 rent of -P-I-a-n-n-i-pi-g-Sewicest shall be necessary that the applicant -n the C-1 Zone D-i-s-tr4ct certify -and state 4 �d h -e-' ecf-e-rr' n c �to r ! district I r nth th a � `—v� 5 .J— d'a 1 4c-a-bre to the DEVELOPMENT roperty zoned C-1 - been or sha-1-lie-c-o- d with acco -i-n-g to the intent of Article II, Division 3 of Ater s-hal-kbe aces -e rough the Site Plan Rev1ew-application process. Uses listed in Subsection--D--ab--v-e-as Uses -by Special R -e iew in the C-1 Zane District shall be exompt f n Site Plan Review-p-r-oe--es-s and shall make app'ioat• ofr- -p -1 of a permit in acct rcta n - to t-h-e-req u-i- nead-pr r es set-ferth in Article I I , Dix -ion 4 of -this C° h -a -p F 1. Commearcial towers subject to -the -pre -visions of Ste;-io-n--2-3- -O.7 H -14-C 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. G 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 FACILITIE E ;, 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. P -, ee —S-n-d-a-rd L D 144 -G -SST R -U- T -U -R- S -a ad 1 a nci ! o-eate d i . o _e. C---1-Zone-Di-strict hall! be l e-oa-t fes i g n ed, u-se-claoccu-p i e-d--i n such -34r e� 1 -1 -at -t -h -d s o- e -ratio n a �-d-srt--e. -nit-a-i-ne-d-I-n Section 23-3-250 below a r -e et (Repealed) Bulk Regq-u-i men4—See Sect - 50-beIo Ur. H. (Repealed) USES sin bone, so long as the USE comes with the gener-a1 (--i-g h borhood--Oe-s-m-erc---i-al) Zon D4s4i 123 raj Sec. 23-3-220. - C-2 (General Commercial) Zone District. A. Intent. The purpose of the C-2 Zone District is to designate areas for more intense, higher traffic, or larger scale USES than the C-1 district. C-2 District properties typically provide goods and services to the residents of multiple NEIGHBORHOODS and in close proximity to residential USES. Additionally, the C-2 District provides for the orderly development of those USES necessary to meet the community's social, cultural, medical, institutional, OFFICE, and civic needs. •I--n-ten- . -h 1 mot the — e -D- -tri ct i s t --esta l 9s P —a-n 'rre-sepic a > s- . ivit s wri1ehr r -o egoed s, a seer- o t h. d s n is Gr-a- ear- 4a- e -ti n I oa E f G )- --HOOD. The C2 Zo;e i- -ttie srh -I-l-be--I-oeatsd sSn-e-@rated i-n--22-Rcraere :-tin--iR-j-Pvri -- e Riad-e- ca-bte imipasts-ef-theaE-S-ein-the-are-a in \ h ich they -are Iocat - 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 0-2 Zone District except for one (1) or more of the following USES, which must be Is CLOSED and cond6ileted in comcpl-i —VA, Th—tF-prsa;bnom,e v ct-ion 23 25 , be! -o No -s -e OUTDOOR STORAGE will be allowed in the C-2 Zone District. ''D ES IkflAthin the -2 one b0 5'� F; � i r'o rr� � r� � i � i r,�i t� � �, � � � n � � � i � � r� A � ,�, tP{� ,�+ , � - '� t . - , - , $ --c ti -�n,`� an -d _ V �`-th4,s .,' 1. One (1) NONCOMMERCIAL TOWER up to forty (40) feet in height per LEGAL LOT. (See Section 23-4-895.) 2. PUBLIC PARKS. 3. PUBLIC SCHOOLS. 4. TELECOMMUNICATION ANTENNA TOWERS up to thirty-five (35) feet in height. 5. UTILITY SERVICE FACILITIES. 1. U-. --A-4eaRi h �? � Z -o, 1str c Storesko cr _ shring seN$ces and ' '-- - - fF ► �' :rr ( � �$ F STAUFAN, I rlFru-d I n g-DREV alaR E S 4 - Al T 4 BS, _ BARS, LOUNGES an-el-T-AVEINISc 6. T -H -► ERS, e ration w scag canoaciti-e-�)� er one thousand (1,000}- an -O -S-11 7 Es-ilabrishme-nts for -the -sale and care of HOUSEHOLD PETS. RC! . Lvumaer ;FdS, lumberyards with outside storage. sr -age STRL-C°TU-P 'flaying an open sfe- ,all be termitt-ed so[ong-as tr'no fre m 4 e pu-b--�1-c ig-h-ts-ef waiFar fromi--s-u-ro cu n a i n g propertiesT 1r Q. SfEabii-shmen4is- or the -repair ana/or restoration of smaI-I-el-o qu- p: R -e- -a-nd a - pp -Ha -Rot -es sueh as ,cad-i, _ a , , icon sets, P -s mss, office maoh-i-nes and 41. _ Private an4C i IAL RECREAT C R EAT ORAL FAC _ Lortuarie-s-and F NERAL HOMES. 44. I, --E L S o A -EL S- 1-5. ADULT S-UMESS, SERVICE or c provisions of -Article I �9t�-�=. 124 16. One (1) microwave, COMMERCIAL radio, television or other communication transmission or relay tower seventy (70) feet er-1e€. -i--ir 1gh-t-pe -LOT �sured from ground le }- '7. One (') TELECOMMUNe 4.. ION ANT-E--NN-A TOWER su.r ec= provisions of Artide LV, Division 10 of this Chapter. • gir Ar N GAS FAC LI ES. a �-9- Po red. No OIL AN —GAS c --AG LI-T) sh-all be developed in -the C- 2c nsaI Co }mercial) Zone District until a WOG -LA has been issued by _ the Departmen--ef--P•lan-ni-ng Services or the Board of County Commissioners in accordance with- the app-licatiar4 procedures -set forth in Article II, Division 10, of this Chapter. NATURAL GAS. a. LAP lRecuired. No PIPELINE - NATU-R-AL GAS or PIPELINE - PETROLEUM PRQLDI-‘cil- T -S QTH-ER,AN N. TURAL GASH-, , -n-oe--c ;Le'oo-�d in Commejr District until a LAP has b-i 11, te;i- C. Uses Allowed by Right subject to the requirement of Site Plan Review. The following USES shall be allowed in the C-2 Zone District following approval and recording of a Site Plan in accordance with Article II, Division 3, of this Chapter. No OUTDOOR STORAGE will be allowed in the C-2 Zone District. Any USE conducted outside of an ENCLOSED BUILDING shall be SCREENED from adjacent PUBLIC RIGHTS -OF -WAY and ADJACENT LOTS in any Zone District other 1-3. i-th be a s p 'cation orocec one -rd-e-f ures set forth in Division BREW PUBS. 2. CAR WASHES and gas stations. 3. CHILD CARE CENTERS. 4. CHURCHES. 5. COMMERCIAL SCHOOLS. 6. COMMUNITY BUILDINGS. 7. CONTRACTOR'S SHOPS. 8. EVENT FACILITIES. 9. Farm equipment sales, repair, and installation facilities. 10. FUNERAL HOMES and mortuaries. 11. Golf courses. 12. Grain, seed, feed, and fertilizer retail and wholesale sales establishments. 13. HOSPITALS, nursing homes, rehabilitation centers. 14. HOTELS/MOTELS. 15. LUMBERYARDS/WOODWORKING. 16. NIGHTCLUBS, BARS, LOUNGES OR TAVERNS. 17. OFFICES. 18. Police, ambulance, and fire stations or facilities. 19. RECREATIONAL FACILITIES, COMMERCIAL, PUBLIC and PRIVATE. 20. REPAIR SERVICE ESTABLISHMENT. 21. RESTAURANTS. 125 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. 7 d ooerated in c -o -n formes,. I I I II ACCESSORY -U-S-ES within the G2 Zone District shall also be subject to additional- -u-iwm-ents con-t-a1nethn-Articles fV ane V of this Chapte 1. _ 2, R-3, R-4, R-5, C-1, C-4 or I-1. 2. Loading areas or STRUCTURES so long as such loading areas or STRUC eh-ic es so f URES are 5, C-1, C-4 or I-1. 3 Storage BUILDINGS for materials USED i IL I 4. Ons (1) SINGLE-FAMILY DWELLING UNIT when USED as livin the property where suc 5. WI GENERATOR, as per Chapter 23, Article IV, Division 6 of this Code. 6. TELECOMMUNICATION ANTENNA TOWERS, which require the issuance of a Zoning Permit proprietor, ng or guard-i-n-g �aI-building. g Permit—fe-r WIND 10 of this Chaff 7. NONCOMMERCIAL TOWER. i 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 a 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 adjacent PUBLIC RIGHTS -OF -WAY and ADJACENT LOTS in any Zone District other 1-3. 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. GS, STRUCTURES and USES may be constructed, nno fltotrir4 i_innn_ onnrn�,oI of o ncrmit in 'mnnnrn lima f with the requirements of Article II, Division 4 of this Chapter. v 126 Site -Plan Review -Required. No land, BUILDING or STRUCTURE shall be USED, changed in USE -of type -of occupancy, DEVELOPED, erected, co-nstruc:ed, reconstructed, moved of- structural a-It--r-eel or operated ire C-2 Zone District until a Site P an Review las Dee a oorovec by t --he Department of planning Service It chill be necessa a the-c�, �` -the C-2 on tract ce f d state are applicable to tha DEVELOPMENT rticle ion process. Uses listed in Subseetion y ecial Review i-n the C-2 Zone Dkt-rict shalt be -exempt from -the Site Plan Review process a te- eke-a�� at-icy-a-��rova it -in accordance with the requirements and procedures set fo---�____�-----_------_---_-�_��_.�_ 6. CEMETERYT 1. IWorowave, COMMERCIAL radio, television or other communication transmissior over seventh, ( O) feet in he provisions of Section 23-4-800. 2. THEATERS, convention halls and other such faciliti (1,000). 3. Gasoline service station d from ground level). Commercial towers -au /I. Olt D GAS PRODUCTION FACI-LITIES. th-e capacities over one thousand rsonnel r orovisions of Section 23-4-220. 7. RESIDENTIAL THERAPEUTIC CEN -- R. tor, employees, caretakers rding the property sul'-; -to 8- WIND GENERATORS requiring the issuance of Use -by -Special Rev4ew Permit, as per Chapter 23, Article Hl, Division 4 a Article IV, Division 6 of this Code. 9. TELECOMMUNICATION ANTENNA TOWERS, which require a -U, subject to the provisions of Artiel-e-I V, Division 10-oMhis--C ,a -pt - D D DOMEST C WATE l malt, E. Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or operation in the C-2 Zone District without prior approval of a land use permit from the Department of Planning Services. 1. One (1) MANUFACTURED HOME per LEGAL LOT, when USED as living quarters for caretaker or security personnel responsible for maintaining or guarding the property, permitted under Division 3 of Article IV of this Chapter. 2. One (1) NONCOMMERCIAL TOWER between forty (40) and seventy (70) feet in height per LEGAL LOT permitted under Section 23-4-895. 3. OIL AND GAS FACILITIES permitted under Division 10 of Article II of this Chapter. 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. 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. t iat t pert a n ce stancarc 1. Commercial towers -are subject to the provisions of Section 23-4-800. 2. CH-URCH. 127 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. P ce St 'om-p C'-2 Zone Distc4ot s -h -a4! be locat aid- ration sta-n-da$ G. (Repealed) B< Requirements. See Sect ,!! BU! LONGS, S 3 CT-U--RES and !and located in the USED and occupied -in such a manner that the design below are -Met below: H. (Repealed) a °-S-E- S imilar to-tho--� Ec steel ab ,�,e, se4on e USE with l ( p )-�-s-�h � � ...� � co -m -p, ies th-��s snt of -the C._2 (General Commercial) Zone District Sec. 23-3-230. - C-3 ( Business Regional Commercial) Zone District. A. Intent. The purpose of the C-3 Zone District is to designate areas of commerce for the benefit of the broader region, such as large-scale regional shopping centers and entertainment districts. C-3 District properties may require large amounts of space or generate high traffic volumes. Properties zoned C- 3 are typically located near high -traffic corridors. 1n nl. The ur . e -off tier 3 Zo tact is to establish and rea or ac iv-it-e-s-wh- provide g©ocs-e vices for the ben-etit oftenera! pubfge am-oants of spae€ or high traffic volumes for generatingu ine --T, ��- -3 Zone District shall be located, d-e-si-g-nedan-c operated o^ ern-a-aner that m -nimizes the j esirable i-m-pas-^n t! e—a-rea eyy are located. 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 b-e-eo-ndu-cted- in -compliance with p-erfer-mance s-tancl-aids contain., 44n- on 23-3-250, below. Ewithin the - 3 Zone District shall also be su'v;sot to additional requirements contained in Art-i1l -sal and V of this Chapter. 1. One (1) NONCOMMERCIAL TOWER up to forty (40) feet in height per LEGAL LOT. (See Section 23-4-895.) 2. PUBLIC PARKS. 3. PUBLIC SCHOOLS. 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 Allow -c, ai-gh-t in tf ZoRe District. 128 a. THEATERS, convention halls and other such factcities. GasoIi-no s r-v4c-e stations, car washes and VEHICLE SERVtCE7LREPAIR ESTAB-LiSHME(NTST 5. Lumberyards. 6. Warehousing and transfer facilities. 7. VEHICLE SALES E ST Q I I I S H_MENT for the -sale, rest--tal-o r I ea stn gafinew or -used vef4cLGs or equipment 8. VEHICLE RENTAL ESTABLISHMENTS. sa-o of rnc4chandise or services at -the wholesale level. 10. Equip ent or-appl- ,--nce repai- -hops. 11. CONTRACTOR'S SHOPS. 12. He. servic LOTS. for ambulance services, :ax sery ces, bus sery 14. TEMPORARY facilities -for -e sale of fireworks -a -n --C -ri Xmas-4r-eesT 1-5. OUTDOOR STORAGE, when properties. 16. One (1) TELECOMMUNICATION ANTENNA TOWER subject to the -provisions of Art1ole-P11 Division 10 of this Chapter. ces anc other s -of -way and ADJACENT 17. BREWPUB. 1-8. OIL AND GAS FACILITIES. a. 1 .lOGLA Required. No OIL AND GAS FACILI T Y -s -hall be developed in the 0-3 (Business Commercial) Zone District -until a WOGLA h -as -been issued by the Depa-rf ,Tanning Services or the Beard of County Commission -e s—i-n accordance with —the application procedures set forti in Artic e I, Division '0, of tics C iaoter P PEL \E - NA RAL GAS or PE NE O FTROL UM p RODUCTS OTHER THAN a. LAP Required. No PI -RELINE - NATURAL GAS or PI -RELINE PETROLEUM PRODUCTS OTHER THAN -NATURAL GAS shall be developed in th r nmercia-l-) one ° d of 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 C-3 Zone District following approval and recording of a Site Plan in accordance with Article II, Division 3, of this Chapter. Any USE conducted outside of an ENCLOSED BUILDING shall be SCREENED from adjacent PUBLIC RIGHTS -OF -WAY and ADJACENT LOTS in any Zone District other 1-3. 1. AGRICULTURAL PRODUCTION. 2. BREW PUBS, BREWERIES, DISTILLERIES, and WINERIES. 3. CAR WASHES and gas stations. 4. CHILD CARE CENTERS. 5. CHURCHES. 6. COMMERCIAL SCHOOLS. 129 7. COMMERCIAL STORAGE BUILDINGS. 8. COMMUNITY BUILDINGS. 9. CONTRACTOR'S SHOPS. 10. CUSTOM MEAT PROCESSING. 11. DISTRIBUTION CENTERS. 12. EVENT FACILITIES. 13. Farm equipment sales, repair, and installation facilities. 14. FUNERAL HOMES and mortuaries. 15. Golf courses. 16. Grain, seed, feed, and fertilizer retail and wholesale sales establishments. 17. Headquarters or service facilities for taxi services, bus services and other services involving the transportation of people. 18. HOSPITALS, nursing homes, rehabilitation centers. 19. HOTELS/MOTELS. 20. INDOOR SHOOTING RANGES. 21. LANDSCAPING COMPANIES. 22. LUMBERYARDS/WOODWORKING. 23. NIGHTCLUBS, BARS, LOUNGES OR TAVERNS. 24. OFFICES. 25. OUTDOOR STORAGE, as long as it is SCREENED from PUBLIC RIGHTS -OF -WAY and all ADJACENT properties. 26. Parking areas and parking STRUCTURES. 27. Police, ambulance, and fire stations or facilities. 28. RECREATIONAL FACILITIES, COMMERCIAL, PUBLIC and PRIVATE. 29. REPAIR SERVICE ESTABLISHMENT. 30. RESTAURANTS. 31. RETAIL/SERVICE ESTABLISHMENTS. 32. SCHOOLS, private. 33. THEATERS and convention halls. 34. VEHICLE RENTAL, SALES, SERVICE and/or REPAIR ESTABLISHMENTS. 35. Veterinarian clinics and animal hospitals. 36. WHOLESALE TRADE ESTABLISHMENTS. Access tee- . The lowing BUILDINGS, STRUCTURES and USES shall be allowed in the C-3 ZeLne D is- t so -Ion -a-s they are Y to the -Uses Allowed -b- Right Sac I BUILDINGS, STRUCTURES and USES must ba designod, constructed and operated in conformance h -the perined in Section 2a-3-250 below,ACCESSORY USES -within the C-3 Zone District shall aleo be subject to additional- requirements eontai-Rec in Articles IV and V of this Chapter. 1. Parking areas or STRUCTURES so long as such PARKING AREAS are paved and SCREENED from -ADJACENT prope-rties zoned R-1, R-2, R-3, R-4, R-5, C-1, C-2, C-4 or I-1. 130 3. L o ad-i n -g areas-er--S T R UDC ; � U RE -S sa g ----a s s U -c n ass - `& o r S a -W-C T -U -R -E ---a te Q RE E N -E -D ficern ADi ENT pm -poi -ties zoned -Rai -T-4-2, R-3, R 4,-R- C�� , C-2, C-4 or [-1. Gne-(-1--)-EM-OLEI-LE-44-04A-EaQ- a s k i-v- s -q-u €.4e rs for c a-r--e-e -s-ar see--u-r-i-ty-rs en -n -E cep• - !-e or mai-Pitaining or guarding _ The-ip - -*e j et —to the pmv s-i- -n s 2-0-: 4. W I- 1 °-� NER-ATQR -S , which m a y---reqa u-i-r-e-4h-e-1-s-- ua n c e -EN-E R AT O R , as per-C-hept-e-F-2 3rfi-el- - -I V ; DM-s-iern--6- -th i-s--Oo 5. TEL -I I� IUV r1C!fir = a -F-a--T� E LE h Li x -O-0 a w-h-i J h- e qi-u i-Fe4h e i s s as n c e 1--1-C-AT- I.O !I E LNA T.OAN-ERsubleetT-te-th-e-p.,,- irs--of- - - !, Q4v1s10-n ER. 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 a 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 adjacent PUBLIC RIGHTS -OF -WAY and ADJACENT LOTS in any Zone District other 1-3. Loading areas. 2. One (1) SINGLE-FAMILY DWELLING UNIT when USED as living quarters for the proprietor, employees, caretakers or security personnel responsible for operating, maintaining or guarding the property where such DWELLING UNIT is ENCLOSED within the PRINCIPAL BUILDING. 3. STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3-230.B, not including CARGO CONTAINERS. 4. WIND GENERATORS allowed as ACCESSORY USES in Section 23-4-450 of this Chapter. :Rteview. ihre-flao i ng B U 1 N S TJ a4 -U -R -ES -as el USES m -a -- ---e ns+ e$S1 occ up 1 -nal-n-ta i n ed-i-n the C -3- Z -e- - a q G -u-o1e+1 a- p - o -v- a--{ m it n asee-Pda-nee with the pequi- me-n-ts---of_ 4ide-I D illisb n 4 of i s C h -a pt 1. W1 owa, COMM—ER-CAA-L-r- l a•o, television o•r-otlPr ff--eoM-m-u n teati9- r- -n arr->j -i , oc- &-a 4awers e Ate, n 4„ ( n )--f o t in h-e-i g h t(-moa-s-u re-d--f-r®nn Co m m e rc ,- s s ubj-G t --the pm -Visions of Section 2-=4-300. 7. U -S -E S [i-ste,1 _ as ke-weo1-bt- i _ '. I-1 I- -u sfri a i-- ne-Q i-s4ri ct, p- -ic e14h at the -USE is EN CLQ-s-E D-- -n-d S-CRE N E D- -a-n-91-- hat -8 , gimme ia- e c -e qtr- t- e-rr anee s a -n -d -,a s ee-n= -i-nece--i n-TSectio n 23-3-250 o - me -t pp-r4oc-to construction n : 1-ctu ring O -p 1' N1 1"1",n00 U CTII-0-N FAC b L ES. 5 -CO MM.E R C JUN-KYAR- --or sad Gra ge-- - RP 6. R EARCH L -AB- O-RX. 7. CEMETERY - 8 —1-E-S-I--D- >N T IAL T RAP E UTI C E -N- E R . 9. -'Al N D G E[- R ,ems O R -ve q u- i-n-g the -issuance of _ U-- y ec--i-al--- -b�flrm i r -C-h a p t D-M-s-i-on-fir _ a -r- d-Gh e� r ic- e I , D i is 6-o-- h-i s -C ed-e 10 . T IMM U -N i-CAT-N MAT to the n -s -of .4 -r TOWERS -1. _ I -P -E L-9 N E --D O Erg-TIC-1WME--R- -u-ire a Like -b -y i 131 E. Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or operation in the C-3 Zone District without prior approval of a land use permit from the Department of Planning Services. 1. One (1) MANUFACTURED HOME per LEGAL LOT, when USED as living quarters for caretaker or security personnel responsible for maintaining or guarding the property, permitted under Division 3 of Article IV of this Chapter. 2. One (1) NONCOMMERCIAL TOWER between forty (40) and seventy (70) feet in height per LEGAL LOT permitted under Section 23-4-895. 3. OIL AND GAS FACILITIES permitted under Division 10 of Article II of this Chapter. 4. PIPELINES - NATURAL GAS or PIPELINES - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS permitted under Division 11 of Article II of this Chapter. 5. TELECOMMUNICATIONS ANTENNA TOWERS between thirty-five (35) and seventy (70) feet in height permitted under Division 10 of Article IV of this Chapter. 6. TEMPORARY seasonal USES permitted under Division 7 of Article IV of this Chapter. 7. WIND GENERATORS requiring a zoning permit under Division 6 of Article IV of this Chapter. Site Plan Review Reg-u-i-re4 No land, BUILDING or STRUCTURE shall be USED, changed in USE or type -ono , -E /ELOPED, erected, constructed, reconstructed, moved or struck be ne II, Division 3 of this Chapter. This shall be accomplishe process. Uses listed in Subsection D above as Uses by be exempt from the to Plan �' ss �-shti accordance C District certify and state eE' OPMENT rding to the intent of Article Plan Review application �ivision 4 of this 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. 2. CEMETERIES. 3. KENNELS. 4. Open MINING and processing of minerals. 5. PIPELINE - DOMESTIC WATER in accordance with Division 6 of Article II of this Chapter. 6. RESIDENTIAL THERAPEUTIC CENTERS. 7. TELECOMMUNICATIONS ANTENNA TOWERS over seventy (70) feet in height. 8. USES similar to the USES listed as permitted as long as the USE complies with the general intent of the Zone District. 9. Veterinary clinics or animal hospitals. 10. WIND GENERATORS requiring the issuance of Special Review Permit under Division 6 of Article IV of this Chapter. C-3 Zone District shall be located, designed, USED and occupied in such a manner that the design and opern stand -aids con¢ elow are met. 132 G. (Repealed) Performance Stands - H. (Repealed) USES similar to the USES listed a-beve-iso-1 intent of the C-3 (Business Commercial) Zone District. Sec. 23-3-240. - C-4 (Highway Commercial) Zone District. A. ins - h t -h -e -genera i No area of the COUNTY shall be rezoned to the 0-4 Zone District after July 25, 2019. 1 -n -tent. The intent of the Ca4 Zene District is to ester,-bl-i-s —a-P cesecve areas located with aces -s --to MAJOR THORO G - FAP. at provide e-ssential goon -a- ervice C- '1 Zone Districts shall be locate eratec in a man -nor that does not create problems of traffic access or conflict and that minimizes the undesirable impacts of the USES on the area in which the USES are ocated. 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 0-4 Zone District except for one (1) or more of the following USES listed in this section which must be -conducted e -I -ow. USES within the C-4 ndVof- Chapter. 1. One (1) NONCOMMERCIAL TOWER up to forty (40) feet in height per LEGAL LOT. (See Section 23-4-895.) 2. PUBLIC PARKS. 3. PUBLIC SCHOOLS. TELECOMMUNICATION ANTENNA TOWERS up to thirty-five (35) feet in height. 5. UTILITY SERVICE FACILITIES. HOTELS and MOTELS. —Gasoli-ne stations. 3. RESTAURANTS, including DRIVE-IN RESTAURANTS. 4. PUBLIC SCHOOL extension classes. TY S -RV CE FAC ES. 6. Police and fire stations or fa mss - 7 TEMPORARY seasonal uses, in -GI -ad -4g fruit and v-e-ast-able-stands, and faGil .-i-e-s- for the sale o fireworks -and Christmas trees, u c- to the-pe st req irements o °rticle IV, Division 7 of this Chapter: 8. Asphalt or concrc- c C 1d project or the completion of a PUBLI-C road improvements project. The six-month limitation for this -TEMPORARY use may e e7 t- d-ed--i-n six month--i-no°rements at the di-scretion of -the Director ;2) times, and -therm $nr by Bear, f County Commissioners. . One (1) TELECOMMUNICATION ANTENNA TOWER subject to the provisions of Article IVc Division 10 of -1-0. BREWPUB. 11. Olt -AND GAS FACILITIES-. a. WOGLA Required. No OIL AND G s _ been issued by the Department of Planning sieners in accorcance with tie aao 'cation procedures set forth in Article II, Division 10, of th-i-s Chapter. 133 1-2. P1 -Pr N -AT J R -A L GAS or P I-PE L I N E- F E :-R —LE M PRO ,° CTS_ T —E-R— -H-AN NATURAL GAS. a. LAP —Required. No PIPELINE- NATURAL GAS or PIPELINE -- PETR&LEUM PRODUCTS OTHER THAN-- -URAL G A ` &hall be -developed in the CA-(--leplay Co,; mercial -District until a LAP ,h- -b partment o PI -a -n -n1 -n -Services or the Board of County Cori; -s ion -r-s -iin acc0ro ance with he p#c procedures se mirth in Division 11, of this C1-2-apte-r- C. Uses Allowed by Right subject to the requirement 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 I-3. 1. BREW PUBS. 2. CAR WASHES and gas stations. 3. CHILD CARE CENTERS. 4. COMMUNITY BUILDINGS. 5. Golf courses. 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 The-followin-g B DI NC -S, STRUCTU Zo-ne-ta-istr-i-Gt--sou-o-n--g as L4 ar -s-e-ar!-ncidenta! and ACCESS Such BUILDINGS, ST -RUC T U � n - co ormance with -the performance stc USES with-i-n Re• Q4-Zo ; Di. sct shall also 4 d V of thisC apte-r--.- jght tp,--fs-t be -designed, constructed and operated in contained in Section 23-2-250 below. ACCESSORY as subject to additional requirements contained in A.tic-I-s 1. as -king arefor USE -ay employees, customers al-- --Go -v-hides so n -p- -rte-i r _-Ias are paved -an -d SCREENED fro -.m -AD -l� I-iproperties zoned R-17 R-2,R--3,R-/-ti R5,C 1,020; I-1. 2. Loading areas o STS CTS ES so long as —.0 -o -d+ -- -r-eas ;r SCREEN--ED-from AC,€N-T-p- p e zoned S-1, R-2, . 3,- 4 R- �1 C _ r 11. 3. Storage BUILDfl _ for materials used in the -c .17 —Outdoor STORAGE AREAS -': z --e- =-1, - 3 , R -h N- g- f r m-AD4kC E -NT pro pert i 5. St reps and shops fur ,i ,ing conve-n=e--nee—goods for USE ,b he tra-v-i-ng public, net i-n-cluding stores -or shops with GROSS_FLR AREAS -,2 s --r than three th-ousand (3,000 ) -square feet: E l m pl e-s-.i 1 1 c l u d e. GO R -t..1 l c e food s to -r s, sou -1i h..7 1i 'a.+ 1 j-�,Ti-a,�(-�4��' e✓' an —d. 6. Repail=g a Pages 134 One --, HOME when USED -as Iivin-gam ate- ; r retake; s or security person -net responsible for m a c-tam-i-n-g or d-i-n-g the -proper y, _ s -u -b .moo th e p rov i i - ? Section, 23-4 WIND--GrE-NE AWRS, which may eetu-Rr . a— issuance Zoning P. .;mnit for G-ENATO R , as per Chapter 2-3ale t' l e kW -Di -vision 6 o 1tt-i s- odC' e - g. AN —TEN —NA —TOWERS, which require t h e i n -o -o-{ �, k g--i-t fe-r a T F Ia E C- n III,; -U-NCI C' AT ON A N T E N -A-T QWE-R , s u b feet fo the p r- v-i-s-io s -of -Ar-ti . I e I°, D i --��- 0 of this Chha er D. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in the 0-4 Zone District so long as they are clearly incidental and ACCESSORY to a 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 adjacent PUBLIC RIGHTS -OF -WAY and ADJACENT LOTS in any Zone District other 1-3. 1. Loading areas. 2. Parking areas and parking STRUCTURES for USE by employees, customers and company vehicles. 3. OUTDOOR STORAGE, as long as it is SCREENED from PUBLIC RIGHTS -OF -WAY and all ADJACENT properties. 4. REPAIR SERVICE ESTABLISHMENT. 5. STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3-240.B, not including CARGO CONTAINERS. WIND GENERATORS allowed as ACCESSORY USES in Section 23-4-450 of this Chapter. Uses-bThefellawi € g -B U I ,L [ \\ -G U C ---U R -ES -a -pa -d-- ° S y be con c-rted , occupied-,- - be -d and- ma i rt -i-n- d i gin --`the' C4Z--c° D i _ s`trict a po-n-ap-,pc-ova I of a p-erm i -i-n acco- - - with -the recuYireme!n4€� -4eA -ole � _ i'!fisioi l `i' o h Valp4eu . D^JU CSI I O IFACI-I_-�T-I- . 2 CA 4ULR-C--H,. 3 RE R1QLEN °AI H -ER REUTIC CE-NTI-ER. *3M GErGpE 'a r ssJuance of �� e-aLR-eview Permit, _ as -per Chapter 23, Article U', P-i-v-isi r -------- p -ter 23 -Article 5. T 1 EC0 , > L I1 = � � �- ��-, RS �I re aL -� Dacia bee -t to the -Wr J a s i n-11--9 of t h J s--Ghh - e a Revd eiv Pe mit, 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. 135 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. 'te P me iew-R roe oc -iaE\I-ELOPED, or or operate --d in the CA —Zane nPlannirQ- �U ! TRE sn- X1-1 _ b- E h ive ; E or z stru ctod --- dor �-t aH-�-Ttec d l e-v-i _ e` —h-a-s oee n a p p -roved -b -y -h; Depa tm t -o -f 4 -shall be n eoess C a -t the app c n44n-the C- ,. Zone --D ist-r:certify- r d- ate ' , n that the per ance st�ards and t strict req irem n t are al�pke Ito the D�-EV L � R �T - ,- 1-- T 7 Property zeon-ec CA have been or shall be co-�,�pl �itl ding to the intent -o -f - e This shall be accom'- ed thFou �- Pla -R-ev c�� P p n the C process. _ U -s- fisted in Subsection D oo\ be exempt from -t -n t -e --Plan Re 4ew process an-d-shaal-9-make-ppliea accordance w h4he-c¢rements an rod ure yet -&/e t forth in i Commercial tot em-esd o the provisions �r Section 233440-0. 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. - for p-cr-pr a peon . G. CHURCHES. 2. PIPELINE - DOMESTIC WATER in accordance with Division 6 of Article II of this Chapter. 3. RESIDENTIAL THERAPEUTIC CENTERS. 4. TELECOMMUNICATIONS ANTENNA TOWERS over seventy (70) feet in height. 5. USES similar to the USES listed as permitted as long as the USE complies with the general intent of the Zone District. 6. WIND GENERATORS requiring the issuance of Special Review Permit under Division 6 of Article IV of this Chapter. ,r -f e•rma-nee S d-C'-o-nqpliaI �d L r L D hN G S, STRUCTURES a nd4a-nd- oc -e -i-n}-the CA Zone District shall be -a- T -s -e l ane--ems u•~p d-i-n sum! eperatien standards contained in Section 23-3-2&0 below-re-rnet (Repealed) Sulk Requ- S .et ern 23-3-250 below. H. (Repealed) USES similar to the USES listed above, so lcng--s in -tent -al th-e-C-�4-(-H ighw-a ` arn- rc-i-a-�}-Zone Eistr c . Sec. 23-3-250. - -P m -n-e-e- a- a de Bulk standards. d ner that -.the design -,a -8d. All BUILDINGS, STRUCTURES, USES, and land located in the Commercial Zone Districts shall be located, designed, USED and occupied in accordance with the requirements enumerated e-1 v6 in this section. A. Minimum SETBACK: twenty-five (25) feet. g n one - a -n d a-Fd s Design Standards. The applicant for a building permit shall cer-t-i AeGts4he inter ef-A-tic4e II, Division 3 of th-i -� er, that +I erformance s- and-acs-an- = ,e- ec;f;c zone district ci-d er-rmsn-t�s 14a\ been ►-� dttio ,ally, t e applicant shalt G.rti-f teat the com-a1iance with these performance standards shall continue once the USE,-SU--1-LaDIN e SGT -L RE is, constructed and-i-n operation. 1. Stormwater Mane historic flow f red for a one hundred -yea a Districts shall provide and Red -to retain the st crm r runoff i-n excess of water retenti-on-faGI f s i-The-ste ton-tion f-H-i-t 136 designed and operated to relea6e the ret,a-i 1: r at -a -quantity an to not to exGe he quantity and rate of a five-year storm- fa-a4-i-ng-on the-u-n-devel-ope-1/4„ 2. Parking. Sufficient SCREENED, ofi arkiRg areas shall be —provided in the nmercial Zone Districts to me-the--requirement-s-o-f—er levee& GeMany vehicles, visitors and customers of the Useslowed by Right and ACCESSORY USES. For detailed dents, see Article 7D-i i n 1 of -this Chaster. Street Access. Le - TS in Commercial-Zone-D-i-stii•c s =-all have safe ac esr ar-p4-4ve STREET. The design- esig of -any -S -T PaT--o; h ► g-as4o _ type ,all be in con'ormance wi i :la: siown on the County Thoroughfare-Ra-n-d-/or the MASTER PLAN of the affected gress shall oe cermittec e pia the following types of S- EET1 S: a — ARTERIAL. b. COLLECTOR, why hat CO ;-T--�f� Ta n©t serve any Residential Zone &strict before in c. FRONTAGE or SERVICE ROAD. d. LOCAL, when the n _ 0. aOCA _ SeR= is inter -tee thy- _ o- -� one District LOTS - sal -Zone District anc does not New -accesses ights-of-way shall-beonst-acted-using the minimum st-a d-a-rc,s contained -in Table 23.6 below. Designs exeeecing thes-e-mtn-imams may -be -required _ by-th-e and -typo of vehicles generated by apartmenAt. of the USE proposed. fik-216 afiam-g-itandards for r �Crainage SULK -u nth of drainage structure p` h of-ceeer ever 134-49 Width of a, variable 15 inches diameter 20 feet 1_2 inches 10 feet to 24 Maximum grade of access 15 per -cent of surfacing a 20 feet to 40 feet 4 -inches 137 f . AeGete � ien/ � -oe, l e ra t i o n la --es shall be provided where required- ,' the Deem ; e t of Public Works --car the Co -le -ado Department of T-ra-n-soortatien-to provide —sate; --e ient- ccess to ARTERIAL or COLL GT- - STREETS. 4. R-squi-red Ya rte - a. Setbacl e -U E G14 rESS-O Y USE may -be ice- ted-c-1 - c e . P 4h/en-tit-Ave (25) feet to the-e-ll-esti-ng or p, pose -d (whichever r� right-of-way— M -th) highway or STREET -g -ht -o -wa-y. Off street -PARKING -AREAS -may be permitted in _ the -rem SETBACK area when -ti 1E D from -i-r-e-tuns on the public niY nurn righ-s-ef wa'. 3ticas -ETB.C' g -ht are not required to Fences located on corner LO T S abu- in -g public ght-ref- -vay -aI-l- ot-obstruct the view of vehicular traffic at an in-t-e-rs-S b. Offset. Ng USE or ACCESS line. Off street paarkl%-.mot.a i S -CRANED from AQJ , FNT LOTS zoned :d in likeigh4 ace --net reg-ua- -to comply with the mini No B U I-L---D-I-N-G OR ST -I -cd-oTose-r- h -a -n ten (10) t to its LOT -aired OFFS --a h -n the area stank battery, within a one foot radius of any Rd -may -be locate, d--e-n oOnstruetedthi-n_a two-hun t nd gas well setbacks shall requi-re a variance from the terms of this - S u-b-sso-ti-o-n- -a-`2 0-4- de 5 I ed-Jca real. u -o -me- than eighty-- - . Land shall not -be -I-1 shrubs, trees --;plan- -o-r- rs or if cov-erec by der otherwise - bly LANDSCAPED, b. That poF n n- ,�,,, al Zo e total ME n r ,Us off, hin n a twe--n ty, e- e. � rd-ance otith -e- done rowing grass, bats _ a PUBLIC or private STREET r g- t -of -way shall -be LP 4-DSCAP D for a distance of -ten rig -I-. e LOT line towards the -interior of -he LOT. S-i-d-ewalks and drime-wo roug-hMh e required L N -D S C A RE D --areas. C. Areas USED for trash collection shall be S ADJACENT T e rG4?aC Chaff! 'le --1�--� i-'wv��,J� i-lidiE � � ph ..vent wind- oraTait bcattered tr-a- c 7. Water Supply. U -S -ES Ices source of-potable-wate 8. Sewage -Disposal. US -E d--;Teti'ities. 9. O u tsM-d -Steca g -e r--m-ateri € when perm ted shah --be all ADJACENT pcope- tree - ights of signed -aid USED in manner that � 4 C o rnmraerc-! isth .s shall have -an -adequate i rk ,( m rc i a l e s -s ll h2ve v --j '1 r`� a ' rte sewage $ s. +..i ° 1 I 3 i I ! e v 7 1 d d —t! a m� 1 V e�' f e s e 5! v Minimum OFFSET: ten (10) feet. n -g---- td-eo -sto4 -e re cle.1 ED-ter/am public right -o -f -wand Operation Standards. USE -SS i-n-Commercial Zone Districts shall demonstrate confarmith--the folle-\Aii i rgyration standard e e t by -lo ie yout and design prior to r on ,ruot+on ae-re tion 1, the eration of the ES l conform tom - e -standards. 1. Noise. US -ES -and -STRUCTURES in Commercial Zone istricts trap -1 be -loca..ec, -e -i d aria operated-4n-accod.-,as-etaolisherd Section 25-12-'01 C. C&- 138 2. —Aim Id USES i-n--the Commercial Zone Districts sn 1-be--I-o -e- ; s-igned a- paste t is aoc--o-r- -cam--with the a 1 r q u-ati-ts-t-a-n-Stu -rel-s Ai -r P o i i -t-ie n --Co n t ra91 Can rnissie-n- 3. er Oua yf. USES -in the- o-mmehte I -Zone Di cts shall be lo,oa4 i-n-a ec a n ce w-i h4h e w a -r q- C-o-ntral-Co nrnission. Ii - 4 . Rd-zoa- m-a-tethi-s-shal l -be to --e e a-te-an - e41n1ted te-s g vsmmLent- 4ate ri aal e --handling , U 9 E, sto-rage--a-n4 p-rece-s°s i-n-9 0f- 9 _ i0- l-ve S -1 td within Comme ta---Zone D -s r cts shall not -emit heat--n--such an- s u- ie t to raise t -h -o -tie ratu re of the ari-r or of r saeqri a 9€ at - c; d _ the--LOOT-11-n e rnoc&Eh a -n ti rye--- I n-h-oit - j Af . Any Ig htin g, i nc u4h4g--I i ! --8 ig h to m -r--at-re---pr e s such combustion, shall be designed, is oa ed-an-d-Gp-, n &a-as-man-Rel. as -to -meet the fod wi g- gi'A,av J- 7Aa 1e: sources o H • -be- h ie e se - t -be a m€ o'r-- 0--5--lfla- -i---c-i-c e -n --A- C pT-pizap ios; neither the d',-Hrr —r-e4feGG l i , J,- r-orm y -14 -g -1 our e-way-oreaie aTaff is h award- e -op tors of m ot0 Sv c h e -s -o n - B -L I- -or p -c r ti-ts ma be -u -se l-w-n-i-eh-nay-be con isod-wkh-er con-,-tr-u- s---t-raffic CON. ° i S 7 -oerty V. a--i- -a .e. Pre -per -4i Zone Districts sh °mil -beam , &uGh a --nn a nr$o--r-- (taws a n -d weea s aeF-n- -ed- in _ n- vent H4� e--fir-o �ne� s-a4ew—t q e growth--e-f-NQ I O -U S !Al EE DST 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 Sec. 23-3-300. - Intent. The purpose of the Industrial Zone Districts is to implement the goals and policies of the COMPREHENSIVE PLAN and provide areas for operation of land USES associated with distribution and warehousing of commodities as well as production, fabrication, manufacturing, assembling, and processing of materials. The Industrial Zone Districts have been established to promote economic development and job creation; to protect industry from the encroachment of residential and less intense COMMERCIAL USES; to reduce the adverse impacts of industries on surrounding, nonindustrial properties; and to e ncourage industrial development in areas that are compatible with heavy infrastructure and where n ecessary utilities are in place or reasonably attainable. The -purpose -of th-e-Y-nd u-stri-a o -n&- D1str t - -t9-p-r-o le--- ote tine- zones operation of - i _ a -1 USE-S�T�-reguiat i-e-n s -co- rt i n-ed-herein s been -established _ so -as t -o -mil -e-- . r -o n m e n t-- --i nd-u-s-11 ry; to r 4 V et,n o u st i r --o m -the en&-eachment --eac h me nt of C OMME C [A -L 1 e J a- X S Of S- P IrF 1 f( d -U s� ; f� r h -e o�pec 4en a-,��-d- �.-p n- ;- o - -h ss r y , `o protect industries within rle c is:ric: `rom other, incompatible indus r-ies; to red uce-t-e-a-m -u-m the impact of industries on surrounding, non-icd r r-i-al lard -BUSES --prevent detrimental ism -pa -c- h-!ch _ may negatively -affect the fu4ure LSE or D -7 LQR F N Tr -of A — SIT pi:oi -rts—o r the—ge-n oral H BO R H OOD as -d-ef i n-ed--in--O-hapter 22 91 4h -C ode; -a n4 KaHarom ote- tc re health, safe-- rd genera 1. welfare oft-he--p-r-ese nt and future Sec. 23-3-310. - I-1 (Light Industrial) Zone District. A. Intent. The purpose of the I-1 Zone District is to provide a zone to accommodate light industrial and compatible COMMERCIAL USES that create minimal negative impacts and are conducted primarily 139 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. 1-n-te- ! e District is to provide a zone to accommodate industria USES which create minimal negative 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 I-1 Zone District; except for one (1) or more of the following USES listed in this section. The USES must b e with tie aerfo-rm-ance stancards contained in n the Ine Distri 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. 1. Any USE of a research, repairing, manufacturing, fabricating, pr nature may be conducted in the 1-1 Zone District. SCREENING may be required if USE is not compatible with adjacent uses. 3. SIGNS, as lon-g-asSIGNS are lo-c-a-t&d Article IV, DivisiGn-2 of this Chapter. /I. UTILITY SERVICE FACILITIES. 5. PU-B-L'C SCHOOL Extension classes. 6 COMMERC A SC OO_S m ec :o inc oor nstruction. 7. Polleee-a-nd fire stations or facilities. 8. Disposal DO VI of this Code. cordance with t e_ Lirements of . i• fireworks and-Oh-ris-tm,a Chapter. 10. Asphalt or concrete batch plant used ternporari a d exclusively for an on -site construction project or the comp1ets deme.ts 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) rd of County -Cow, nis-�s-ieners. a ents of Chapter 14, Article nd vegetable stands, and to the permit requirements of -Article IV, Division_-ef-t-h-is 140 1-I. One <1) TELECOMMUNICATION ANTENNA TOWER subjeet-to the previsions of Article IV, Division 10 of this Chapter. 12. OIL AND GAS FACILITIES. ND GAS I- AC Ys Zone District until a WOGLA /ices or the Board e -County Commissionersin-accordance with the application procedures set forth-41 Article[I, Division 10, of this Chapter, 13. TRANSLOADI-NG 14. C H iRCH. 15. SMALL SCALE SOLAR FACILITY. 16. PIPELINE - NATURAL GAS or P, LPN - PETROI EUM PRODUCTS O _ NATI AL GAS. AN a. LAP Recuired. No P PEL NE - NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS si-a b -e deve&o�ed in tie ( ndustria ) Zone District until a LAP has bey --issued— y the Department of-P-a-nning Services or the Board of Count} Commissioners in accordanice- th the a-pjalica -ems--precedures setifarth in D-ivisio , of this Chapter. C. Uses Allowed 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 adjacent PUBLIC RIGHTS -OF -WAY and ADJACENT LOTS in any Zone District other 1-3. 1. AGRICULTURAL PRODUCTION. 2. Any indoor USE of a manufacturing, fabricating, assembling or warehouse nature. 3. BREW PUBS, BREWERIES, DISTILLERIES, and WINERIES. 4. CAR WASHES and gas stations. 5. COMMERCIAL SCHOOLS. 6. COMMERCIAL STORAGE BUILDINGS. 7. CUSTOM MEAT PROCESSING. 8. DISTRIBUTION CENTERS. 9. Farm equipment sales, repair, and installation facilities. 10. FUNERAL HOMES and mortuaries. 11. Golf courses. 12. Grain, seed, feed, and fertilizer retail and wholesale sales establishments. 13. Headquarters or service facilities for taxi services, bus services and other services involving the transportation of people. 14. HELIPORTS. 15. HOTELS/MOTELS. 16. INDOOR SHOOTING RANGES. 17. LANDSCAPING COMPANIES. 18. LUMBERYARDS/WOODWORKING. 19. OFFICES. 141 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. AG ee or,--U-es. 4. ! -e s . ^� P o- B LOON a ; -; = d - - �- E S ma -y - fl -e-we�- &e--lGR -a ?-yam 1-ne .df, o fl 'a n °�' �' ' 'n-RAti to the --U sad by R -- . Such X11 t� e� �'4 �y � e ear' S � [ a a.+ �+ e m � u o � � �, � e 5 coPat-r-cl- to 9- e -e-fl-n con orm nce--w4h4the 4\ � , _ P 40, -360-an`�3— 21;4=--betem. �� r;,� a ��e .� L��-�r�, �:� � � � � o��n-� ra S� o� � � '� - 3 � �.-.� d � �� .�, 1. F HS .p} r USEby-eige-pators ; h&Use low 1P 2. ad--i -r-e- s -oar P T J -E S -n-ly--w- t AQ A QE N way o -F- WAG glPo)9-errtu- - 2 Pa riki n thous -an pub -tic rigs Ft -s -f --Jr. p , e h-i- s�wir-th �a--g-pro-�s=s-A- o i-ol-o-we;- ! e -s n —s �,. ao-u .�9 s only `fi e t n -e3 -V eN c l e s are S R L _ i- from 'r ,�., D C I i'�`.� T �� a r �a a 6 0 +�. i �+ d are es �a v 1 J 4 V r�1� J -a LJ t� �\P �ifLu b I i c or on -ADe� \- -C-E N -T- t s- 4 . O-ne (4)-M -LMhen U a E D- i-s--l-i-v-i-n- pec-c a -re- rkers or s T—Tr s o nfl e4 pe! il e for ma i ai n i n g or u rflthe--prepe rty , -s-u-b :- -- f D -M-- 3 o4 N.Y f -CJ L tp er. -E' R fE ' ` -it X11 .� t�-{fir-� ` n �-1� B E S of -The U S ,ewwed-on--h _ property. persons e m pl ayed in -t -n, i-c- -r-- a- n a rice ll w eta l- ll Csj�flh if Y ern- C- F- S OR _ oW of manufactu i-n-g, _ 1 b 4eaUn� o - -se bhngl (1 / micro-wa tower --see seetami-f,n 23-4-S00 O-MMERCIAL radio, tel-evisioh nrother commur cation tr-ansmsso or- e4y et or less —in hei grh-t-pee 9Q--T—C o rn m e rc i-al-towo P s subject to th- e s n -s -of O. G . - E RAT O -R S, which may require the iss u a nse---e Zoning —Permit For —WO -ND -°A-TO a. fir C- pter T-E-LEc EN fe-r--a-T-ISL-b.COPRA -1--0—N QjNCQMM Wt TOWER, equi r- re-is&ui-arse of a Zone g -P-- :.. sUbJG th-.� r� � - �� -' 'o9 44 D. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in the I-1 Zone District so long as they are clearly incidental and ACCESSORY to a 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 adjacent PUBLIC RIGHTS -OF -WAY and ADJACENT LOTS in any Zone District other 1-3. 142 1. CARGO CONTAINERS. 2. Loading areas. 3. Parking areas and parking STRUCTURES for USE by employees, customers and company vehicles. 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. Uses oy Special Review--T-he following BUILDINGS, STRUCTURES and USES -my be constructed, occupiec or maintainer in the I-' Zone District uoon the aaorova of a permit in -accordance with the requirements anc Droceoures set forth in Article II, Division 4 of this Chapter. 1. AIRSTRIPS when they are ACCESSORY -to the U 2r� � micce a� , COMMERCIAL radio, telev tower sere Section 23-4-800. R E S EARL LABORATORY. d. WIND TURBI- 5 PROCESSINGT LOT. Commercial tower-ubje 7. WIND GENERA) - equiri-n-g4he issuance of Use -by -Special Review Permit, ac p ,, C -h p-Iof 23, Arto-cle H, Division and- hap er 23, Article IV, Division 6 of this Dads. CORRECT-I--O-NA L - F I L I TY. 9. T-ELECOMMUNICATIOI\ ANT -EN -1/4A TOWERS, which require a Use by Special -.4 subject to the-orovisions-of Article IV, Division 10 of this Chiapter. 10. O-i l -awn --G- as Support-- nd-Ser-vi 11. PIPELINE - DL-Ia, ESTLC WATER. 12. MEDIUM SCALE SOLAR AC LITY. 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. 143 S4e afan-Rare—Rey ;, . n i n B i i i D i n i r� r STRUCTURE —t I I b e-U�-S ', h a -n -g, e el i ;n U S t\pe - GGU1aaRc -EVE! APED, erected, constructed- eee . ruct , mee t-- r s4 tup arl-E, l- E er operated in the -I-1 Zone Di —strict until a Site Plan P e-v-iew h best-ppco-vcPey-thDep-a-fl-t-o-f -q1- -n--gin-g Services. It shall --be necessary tha tee -app ni p in the I-1 Zone-rstr-iret-Ger--tify-epd-stale-that th-e-perffomiance standards- d district ree USES of -property zoned- -have been or shall be complied i -g to t ent of ArficlL Division 3 -of th�s� 9 -is sh-a-l-1 -be accomplished- hve-L-g k e Site Ran- €e , pc p roce s°s -se s 8- s -t -e ih- bye i - - ve as Uses b -Spe -I-Review n4 e -k1 Zone-Di s- --sh be -exempt f- the -Site P I a ev i ew process a -n -d -s -Kati -m a Ise a-pU- cation for a pp -e al -e -f -e ae rm it its r u . v'�`, • tt e v1 rri r� e s set _ far - e" i r� B A A 9 e 1 / 1 fry re 8-� i e- _C r accor a-nce „ 4th the re �� t� e -��,�,r�� -d1ure � ,-� h- n ,, i ti4 -1 , �° p :e r. The following s e erupted from a -S - --an Re 1. OILAND F. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained in the I-1 Zone District upon approval of a permit in accordance with the requirements of Article II, Division 4 of this Chapter. 1. AIRSTRIPS when they are ACCESSORY to the Use Allowed by Right. 2. CHURCHES. 3. CORRECTIONAL FACILITIES, subject to Article XV, Section 15-5, of the Weld County Charter. 4. DOMESTIC SEPTAGE disposal subject to Chapter 14 of this Code 5. MEAT PROCESSING. 6. MEDIUM SCALE SOLAR FACILITIES. 7. Open MINING and processing of minerals. 8. PIPELINE - DOMESTIC WATER in accordance with Division 6 of Article II of this Chapter. 9. RESEARCH LABORATORIES. 10. TELECOMMUNICATIONS ANTENNA TOWERS over seventy (70) feet in height. 11. USES similar to the USES listed as permitted as long as the USE complies with the general intent of the Zone District. 12. WIND GENERATORS requiring the IV of this Chapter. Pe-rforma ra ndatcd- Co m-p-1 --1-Zo- - s o . -shah- 1-c 1;-cte- o pe at- - :pi -Sea J --s _ , G. (Repealed) USE - s -id nt-e n Pal n1r-i424)-Zone issuance of Special Review Permit under Division 6 of Article 111 3U _ D I -N aS vSTR L° R nd-land- to -rte d, Used-anti-eccu p ied s uoh-a-man n gthe-d-n--an4 -143-2;-3-3-340, 23-3-350 and 23 -3 -360 -below aremet Q Sec. 23-3-320. - 1-2 (Medium Industrial) Zone District. A. Intent. The purpose of the 1-2 Zone District is to designate areas for industrial USES with more intense, higher traffic, or larger scale USES than the I-1 Zone District. Intent. The purpose of the 1-2 Zone District is to orovio- a zany �c-s me lad _ te--i-ni—d aI USES �p�. f-cof4- a n n o t c o U V fe"rm to t h-e--st4Pre g i s f Imp c re q u 1 Tre tents o f-th Y 1 fD i sY: r Gt-a- lyd _ wt `Gh- r e -n -G4 wan to be subjected to the r i-a-1 ad -verse visual impacts par - t edt h -3--� Dist Fat. - -e intent is to --permit industries which mad creme 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 except for one (1) or more of the ;-ow4n USES listed in this section wilen-must-be-Genducted District; 144 i --cer--pIisnce wi h the -p e<<f m aee s`and-aP cftaine nf-Sec5ons 3 -340 -7 -2 -.a -au -and _ 2 3/ crcrc h-i 1. Asphalt or concrete batch plant USED TEMPORARILY and exclusively for an on -site construction project or the completion of a PUBLIC STREET/ROAD improvements project. The six-month limitation for this TEMPORARY USE may be extended in six-month increments at the discretion of the Director of Planning Services up to two (2) times, and thereafter by the Board of County Commissioners. 2. COUNTY grader sheds. 3. One (1) NONCOMMERCIAL TOWER up to forty (40) feet in height per LEGAL LOT. (See Section 23-4-895.) 4. PUBLIC PARKS. 5. PUBLIC SCHOOLS. 6. TELECOMMUNICATION ANTENNA TOWERS up to thirty-five (35) feet in height. TEMPORARY borrow pits USED exclusively for the completion of a PUBLIC STREET/ROAD improvement project. 8. UTILITY SERVICE FACILITIES. n. _ Uses allowed by-- c -1c the ZQ4e-QLLstcict- 2. An -y -.-USE of a research, r�� -a Fin€; ma-aP � �c b ss n- 8t Any -USE i+� �'`;i �plf lrb 1N19 1 nate-; ay- - n -9q -u c 6 e c e v- an-el-ucted-- side of an E! i O -S F - L --i 1= pcov i4ed-t h a -- i e U -S -E a n -J {pa ti s of -the USE are SCR RJ-E- rr nn -AD,.. A GN= _ -pu b i��- g h s -o w n d —AL � HTN= -9c--o- er44esT. 3. Areas -for park-irng " eh1Gies or ri-pment, soAlo-ng a1 g --a- e--- ;a te-S R EE ED f m-th-e A D J AE I pub& r g h s- o -wa y y ;t9 on a Q C - -pwp a r e s- rid R-1,'- , -ar I-1. Io-ng--a�� e -I � i°vismn 2 -his Chapter TY-SERVI rTh a 6- PU-8l L2C--SCt" -OCIL extension classes. 7. P -e- arnd--fi e r ili es - 8 . Disposal n accordance Ugh-tAn r r u r -e4 DOMES fE P TAW: su j•ec-t te- hie adelit-i- -nf-I-fea e- men-ts-9=-Chap-tee ' ; A -r -ti -c -e dJ V . TEMPORARY seasonal uses, including fruit-a-.,�,.d egeta4ale stands, a; -n-1 _ ac.° -r e sake -of f r ks and Ch-riSs trees, subjectt to the pe-m-i--tire i ents o 4ske IV, D-i-vision, 7 -of this Coate 7 0. .As�n t c9 -ado- -p It-u-�� --pig ��i: I� er-a n o n-sk---Gin-suct-i firej e eF-Vr co -let-- ef-a--P-U BLI C road imp-r-ot�-e� , ena { s erc jest- me six-month ' i tin'o--i -t-ien- . -r this --ITS I P O R -A R- use maybe ex-te-rP ' d in sox-motherRem _ en & 1� 6 k -e sc-r Rio n of th -i-recto of Plann-: g --e--- ;ces u- g 2) times, andr-Thereaft€4=4 the Board of Cory- 9-r -mission rs. / i TDOOR S RAGGE-S- E EIN-E .D Forn pubes -. � s o f-�,�}'�,,�� 1 �Q N ;e �� e � � +Ys � �'J V 'i../�\f � n d�1a Lam/ _ 1s��6'1.� �J `m ��<,+' �e U -�8, 0 `td O n e (1) ELECO-I of this Ch -4-3. T ,N-S.--O-ADD-I IG- UN I ATI O -N -ANTENNA TOWER su b e : to4h p -r- visI e- C n-1& 4\17 44. OT n4- a s Sup -port and Sew -ice, 145 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 adjacent PUBLIC RIGHTS -OF -WAY and ADJACENT LOTS in any Zone District other 1-3. 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. 30. THEATERS and convention halls. 31. VEHICLE SERVICE/REPAIR ESTABLISHMENTS. 146 C ��! I IC�C m��i b�,c� a �U TURES a"d ��y bskewed in the 2 Zone Districts so long as they are clearly incidental and ACCESSORY to the Use Allowed by Right. Such BUILDINGS, STRUCTURES and USES must be designed, �Tucted and opera �d r� conformances -nth- he performance standards set forth in Sections -2-3--3-3/10, 23 3-350 and 23-3-360 below. 1. OFFICES for use by operators of the Use allowed by Right 2. Loadin-g -reas or STRUCT -R-E-ENED from the -ADJACENT public rights -of - R -1, R-2, R-3, R--4, R-5, C-1, C-2, C 11 oil1. 3. Par -king areas or STRU TURES for vehicles or equipment, so long as the vehicles or equipment are -SCREENED -from the ADJACENT public rights--of--way and ors ADJACENT p, -ape ti d R-1, R-2, R-3, r; 220 of tnis Chapter. 5. RECREATIONAL FACILITIES for the USE e of tie USES a lowed on tie prooert as living quarters --for caretakers or security —personnel rty, subjectf Section 23-4- -ed---in the conduct or maintenance 6. Retail sales, when _ ACCESSORY to USES of manufacturing, fabrieca i g-er ssemb-1 -nw WIND GENERATORS, w-h-ieh may require the issuanee of Zoning Permit far WIND GENERATOR, as p -e g. TELECOMMUNICATION ANTENNA TOWERS, which for a TELECOMMUNICATION ANTENN: 10 of this Chapter. NONCOMM=RC AL TOW R. is Code. 6 a -re ens of Article IV, Division D. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in the 1-2 Zone District so long as they are clearly incidental and ACCESSORY to a 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 adjacent PUBLIC RIGHTS -OF -WAY and ADJACENT LOTS in any Zone District other 1-3. 1. AIRSTRIPS. 2. CARGO CONTAINERS. 3. Loading areas. 4. RECREATIONAL FACILITIES, COMMERCIAL, PUBLIC and PRIVATE. 5. SEMI -TRAILERS as accessory storage. 6. STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3-320.B. 7. WIND GENERATORS allowed as ACCESSORY USES in Section 23-4-450 of this Chapter. Uses by Special -Review. The following BUILDI-N-GS, STRUCTURES and USES -may -be -constructed, occupied or maintained in the 12 Zone District u J cordance with the requirements and procedures set -forth in /I 1. REPEALED. 2. AIRSTRIPS when -they a, Rt-e--h-e--Usseltowed by R i a `. COMMERCI-AL JUNKYARD or salv-age Y IUD - Asphalt and Concrete Batch PIa-n• 147 ani t-M-ini-r-ig--and Mate 3(1s Processing subje-- o -pr -o -i s _ ei r-tic�e- i��f Radio, Televisio f g,rLound level). n- lowers over gm $e t _ i -h e1g1 -1--EE-CON\4U-140 AT I O I AI T -E - NA TOWERS, whi-ch re , i-re--awe-b-y-Spe i- -ev-i-e T--Pe-Ro &ubj cW 4he-prev-isions of Article --9V, Division 10 of this Cne-pieir 9. ICI OCESSII��- --Q R RC,µ-L-ABORATORY. BILE -Y-M ti RAC T _ II rR I N G- P R O CE S S -I -N a VAll N�`� iBIf9E. 13 CEME E PA/ 23, Article -fl, _ D ivisio -- 15 . COM M M -E SCI -H -O -O-1 AL r � tRECTIONAL FPrQW PI'''. m9 LI! E -R-'. -8-tip --gUM,----R E -F L-1; E R ' . j -t -n -e issuance of Use in. N,E - M EST -C -WATER - 2 -0. MEN U M SCALE S --WAtal h. i 4k7 3� ✓ p {� Lrifi I i 3. .�`P� LC -h- p -e `r V's� L t �. 6v a ision 6 of this Corte - E. Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or operation in the 1-2 Zone District without prior approval of a land use permit from the Department of Planning Services. 1. One (1) MANUFACTURED HOME per LEGAL LOT, when USED as living quarters for caretaker or security personnel responsible for maintaining or guarding the property, permitted under Division 3 of Article IV of this Chapter. 2. One (1) NONCOMMERCIAL TOWER between forty (40) and seventy (70) feet in height per LEGAL LOT permitted under Section 23-4-895. 3. OIL AND GAS FACILITIES permitted under Division 10 of Article II of this Chapter. 4. PIPELINES - NATURAL GAS or PIPELINES - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS permitted under Division 11 of Article II of this Chapter. 5. TELECOMMUNICATIONS ANTENNA TOWERS between thirty-five (35) and seventy (70) feet in height permitted under Division 10 of Article IV of this Chapter. 6. TEMPORARY seasonal USES permitted under Division 7 of Article IV of this Chapter. 7. WIND GENERATORS requiring a zoning permit under Division 6 of Article IV of this Chapter. Site PIaR Required -o an ,—era-_If'1 I� or S ICl I I I= sn I Ic--Gh€.-G me , in -US= tc type of occup -hey- D- OPED, erected, constructed, reconstructed, moved or st-vuettii l -l- e•r--o p tee- r- -e d -i- --t -. 2 Zone i c i n t i l a c i e P I n R ra low has d -b -y the -Department - f la-�ning Services. It shall be necessary hat tie a-pD icait in the 1-2 Zone 'ri. r - to hat the performance standards and district requirements that are a -USES of- -roperty zoned- -2 „e been r shall be complied with accordir eon o t -of Rite -e P,. Division 3 of this Chapter. This shall be accomplished through the Re { 1c -lion piece -s3. _ Uses -listed in Subs Review in th►-e- -e - -D-i sri h; u -I 148 be ex -em -pt -from thre Site -Plan Review process an -d- shall-makapproval of a--p-ermni ; acco�dance with alp _ req- irements.--andd-pr-eced-uses set -fort -1 i-n-Article II, Division 4 of this Chapter. The following is ex- n-, t - am a --Site Plan Review �- OIL AND GAS PR -U-CT- -N FAC!L--ITlES. 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 lI 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. Rer-foi Dance StaSda splianr ;e r-e-e-Nl- l- NG°S, STRUCTURES and land located in-th-e 1-2 Zone Districts sh-all be boated, desig4ed, USED and oc - ie in ch a manner that the design a-rld-opperation standa-r-d-s-contained in Se -ins 23-3.2X10, 23-3-350 and 23-3-360 below are met G. (Repealed) USES similar to 1 - intent of the k2 (lndustria on Q-is-trict. Sec. 23-3-330. -1-3 (Heavy Industrl I) Zone Dostricte as -the USE corn ti "1 s-witi a4 -err teasel _ al 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 --p-u pose of the -1-3 2; 9e- i t is -o provide a zone to accommodate inous-t- ia, USES-Whi-ch her s -e v-i-s u a l- s for AD--J-A-E NT U E S . As a rest. s, such use- - -a 1o.., r -}-ins -1-at4 S isolated -from other I Sa n-cl-U-S-E 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 this section wh-i h mus onducted in compliance -with zh-e--p-er ormance standards contained in Sections 23-3 31-0, 23 3-350 and 23-3- -0- be10 rw. 149 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.) 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. 7. Uses I lowed --b natu F--ffl&i --he 4-2-Zo -e Distrip Leit-S E -a--r l lq , repairing, m -m ctu ri n of g , pr-oces- gr-a sue.m bl-i i u. eel in the k3 one D k aiGN-SThas4errthas the S -11 -GINS are- -d! J Grti ccie ��'1'�/, ✓ III i _ n' 2b-PIe 5. P -a* v is E FAC E-- 6 . r u0 _cp GfI �— (k.„v 0 ; ND -GAS -P R-gauc I-RLITLE-S- 9 . P -'G'-#- C S-& - 4-Q. - sp0ss341—GM On Mt_ pII A k 1 nh n ri-s4e . the ad4t4e a1 req m-es4a;er 14, Article 41. T-F4M Y 6 -ease -RN -uses, including f rum -4 -v -e -g e :a -b$-e- st s, a:- 9 faeri a - -' i s -I l -r iIc s -a -r , ` R --J _ sly as trees, subject to the { m- -i re -q ucements of A'41 -Ie-P ; ri ---c$ his Chap -ter, 1-2 Asphalt or conSbratolorrfr P O R ruse may be-ei; :Rd e* - a--n-i-n-33-Ser A-i es t --o--- ha-te t- --( i f 4. One (1) TELECOMMUNICATION rpter-T 42-6. RA4cS._' _ I�. I exclusively-fer an o prove m- -n-t --1 po c.. he c_ re a, e ri-s J{ n--Si-Lt construction r [ °jean Cation fr toc &-g4u-1 linty -C&pprpRI &en&rte- '4S-cf yF- -RG DJACENT- ANT T- N- - `-E- s u1;je 4e —the i ro v i-s i o -ef-M to W, 46. 04-L I D U -P ^RT PtC) RVICE. C. Uses Allowed by Right 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. 150 1. ADULT BUSINESS, SERVICE or ENTERTAINMENT ESTABLISHMENT subject to the provisions of Article IX of this Chapter. 2. AGRICULTURAL PRODUCTION. 3. AIRSTRIPS and AIRPORTS, including crop -dusting operations. 4. Any USE of a research, repairing, manufacturing, fabricating, assembling, processing, or storage nature. 5. Asphalt or concrete batch plants. 6. BIOSOLID and DOMESTIC SEPTAGE disposal subject to Chapter 14 of this Code. 7. BREWERIES, DISTILLERIES, and WINERIES. 8. CAR WASHES and gas stations. 9. COMMERCIAL STORAGE BUILDINGS. 10. COMMERCIAL TRUCK WASHOUT FACILITIES. 11. CUSTOM MEAT PROCESSING. 12. DISTRIBUTION CENTERS. 13. Farm equipment sales, repair, and installation facilities. 14. Golf courses. 15. Grain, seed, feed, and fertilizer retail and wholesale sales establishments. 16. Headquarters or service facilities for taxi services, bus services and other services involving the transportation of people. 17. HELIPORTS. 18. INDOOR SHOOTING RANGES. 19. LANDSCAPING COMPANIES. 20. LUMBERYARDS/WOODWORKING. 21. MEAT PROCESSING. 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. 151 35. SMALL SCALE SOLAR FACILITY. 36. THEATERS and convention halls. 37. TRANSLOADING. 38. VEHICLE SERVICE/REPAIR ESTABLISHMENTS. Accessory Uses. e- w-ig- I II, IIrES ano S-m2?J oe allowed in Flo --3 Zane -Districts so bong as -they a ro-ol ea rl y i ncide-n-tal-anc- acc- -r- o the -U -se AI -towed by Right--Such BUI-LDINGS, STRUCTURES -and USES mA be designed, construct -eel -and ope e nanr-a-n-ce with tie aerformance s'tan„ ,-msss-set forth in Sections 23-3-340,23 3-45Cland 4g-ee1ew- OFFUCE.S,-for US ! operators of the U e-AHowoc Parking areas -or S TLRUC One (1) MOBILE Ha -4E w4tn USED r--guard-ing the propo-r- actors for caretakers o -c LW* -s-u-b��t--4e-the provisions of Section -2-3-4- 220 of gees Chapter -s - c. RECREATION F -A -C II UTU-ES fQr the!U S E of per -se -Pis -ell p-loyeek the U -S E S-a-Ife-w-e- c t earepert y- 6 R eta i a--Ies he , C C E S -S -O -R Y to USES-aa-f-m-a-nt'fs., 7 r e rs . n€uct or ma- r uce-o f-aoricar-i- --of gembI�S D GENERAT RS, which ma -ret, tF e the issuance eLf--a n-i Parr it for WIND G -E -N NATO R, a -s -per , p►-a-pter 237 -Air -tide 4iv.[ i S n 6 of s --Code. 9. TELECOMMUNICATION for -a LECOMMUU -TION ANTENNA TOW R, subject—te-tprevisions ef-Artiel-e-!V, 0 -1 —sign 40 of this ChapterT NON C O Mir-IAL-T\I E g h regiEe4 e is uan G.`Y e Y r 0 Pe 11 1i D. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in the I-3 Zone District so long as they are clearly incidental and ACCESSORY to a USE Allowed by Right and included on an approved and recorded Site Plan. 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. Uses by -Sped a l Re occupied or raga i n.Sao-c-i n the 1-3 requirements and procedurar D E S -m -ay -&c-- constructed, h9pcoval of a ptr2 - i-n accar-ch .-ap-tef. AIRSTRIPS when -Rig h -t: 2 MAJOR FAC ES O a. UB_ CU ES. 3. —COMMERCIAL J-NKYARD or salvage —YARD. /I O L AND GAS STORAGE FACILITIES. 5. Asp-h--al-t-a-n4-, cfe4e Baten-Plants. 152 6. Coal Gasification Facili-e-s- 7. Open Pit Mining and Materials Processi -is of Article IV, Division /I of this Chapter. 8. Microwavo, Radio, Television or other Communication Towet in height vet* 9 TE ��nnnnni i�,,�1 TlANTENNA TOWERS, whieh rec-u-ire a Use -by --Special Review —Per- subject to the provisions of Article IV, Division 10 of this -Chapter. 10. PROCESSING. 11. RESEARCH LABORATORY. 1-2. HEAVY MANUFACTURING, PROCESSING. 13. WIND TURBINE -7- 14. CEMETERY. 15. WIND GENERATORS requiring the issuance of Use -by -Special Review Permit, as per Chapter 23, Artic e , Division 4 and C 1a Dter 23, Article IV, Division 6 of this Co -d -e-.- 16. COMMERCIAL SCHOOLS - 17. CORRECTIONAL FACILITY. 18. BREWERY. 49. D -I STI L L E RY . 20. PETROLEUM REFINERY. 21. PIPELINE - DOMESTIC WATER. 2. MEDIUM SCALE SOLAR FACILITY. E Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or operation in the 1-3 Zone District without prior approval of a land use permit from the Department of Planning Services. 1. One (1) MANUFACTURED HOME per LEGAL LOT, when USED as living quarters for caretaker or security personnel responsible for maintaining or guarding the property, permitted under Division 3 of Article IV of this Chapter. 2. One (1) NONCOMMERCIAL TOWER between forty (40) and seventy (70) feet in height per LEGAL LOT permitted under Section 23-4-895. 3. OIL AND GAS FACILITIES permitted under Division 10 of Article II of this Chapter. 4. PIPELINES - NATURAL GAS or PIPELINES - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS permitted under Division 11 of Article II of this Chapter. 5. TELECOMMUNICATIONS ANTENNA TOWERS between thirty-five (35) and seventy (70) feet in height permitted under Division 10 of Article IV of this Chapter. 6. TEMPORARY seasonal USES permitted under Division 7 of Article IV of this Chapter. 7. WIND GENERATORS requiring a Zoning Permit under Division 6 of Article IV of this Chapter. -Si-te Plan Review Required. No lanc,-JBUILDI-N-G--or STRUCTURE shall be USED, changed in-SE-04: type of occupancy, DEVELOPED, erected, constructed, reconstructed, moved or structurally altered or operated in the 1-3 Zone District until a Site Plan Review has bee y n1 -of district requi-regents that -are applicable to the DEVELOPMENT and USES of property zoned 1-3 have been or shall be complied with according Division 3 of this C h a-pter. This shall be accomplished through g -h the Site 153 process. I cial Revi-e-w in the 1-3 Zone District shall ex nt $r m the Site -Plan Review process and s#aH make application approval of a permit in n tc �r,r �rnr�rriiroc crest $nrt� in �rtir•i armor ance with the requirements FACILITIES. F. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained in the 1-3 Zone District upon approval of a permit in accordance with the requirements of Article II, Division 4 of this Chapter. 1. Coal gasification facility. 2. COMMERCIAL JUNKYARDS. 3. COMMERCIAL SCHOOLS. CORRECTIONAL FACILITIES, subject to Article XV, Section 15-5, of the Weld County Charter. 5. HEAVY MANUFACTURING — PROCESSING. 6. MAJOR FACILITIES OF PUBLIC UTILITIES OR PUBLIC AGENCIES in accordance with Division 5 of Article II of this Chapter. 7. Open MINING and processing of minerals. 8. PETROLEUM REFINERIES. 9. PIPELINE - DOMESTIC WATER in accordance with Division 6 of Article II of this Chapter. 10. Solid and hazardous waste disposal sites and facilities requiring Certificate of Designation in accordance with Sections 12-8-10 and 23-4-380 of this Code. 11. TELECOMMUNICATIONS ANTENNA TOWERS over seventy (70) feet in height. 12. USES similar to the USES listed as permitted as long as the USE complies with the general intent of the Zone District. 13. WIND GENERATORS requiring the issuance of Special Review Permit under Division 6 of Article IV of this Chapter. Performance Standard Con iplia-nGe 1-3 Zone Districts shall b nd located in the h -e ---des i g n G. (Repealed) USES si -i-lar to the USES- is en �- intent of the 1-3 (Industrial) Zone District. Sec. 23-3-340. - Performance standards. All BUILDINGS, STRUCTURES, USES and land located in the Industrial Zone Districts shall be located, designed, �,�se-d USED and occupied in accordance with the design and operation standards requirements enumerated in Sections 23 3-350 and 23-3-360 below this section. A. Minimum SETBACK: twenty-five (25) feet B. Minimum OFFSET: ten (10) feet or one (1) foot for every two (2) feet of BUILDING HEIGHT, whichever is greater. C. No occupied BUILDING or STRUCTURE shall be constructed within two hundred (200) feet of any TANK BATTERY, within one hundred fifty (150) feet of any oil and gas wellhead, or within twenty-five (25) feet of any plugged or abandoned oil and gas well. D. Maximum LOT COVERAGE: No more than eighty-five percent (85%) of the total area of a LOT in any Industrial Zone District shall be covered. 154 Sec. 23-3-350_ Repeal in its entirety Sec. 23-3-360. - p all in U. [CS entirety ec. 23-3-400. - Intent. Q Repealed) { Repealed) The E (Estate) Zone District is intended to provide the present and future residents with areas in which to locate and establish rural, large -lot residential land USES and land USES that are compatible with very low -density residential areas. The E Zone District is intended to be located, designed and developed in a manner that is compatible with the applicable requirements Chapter 22 of this Code and tl e -gyps - R-PLAN-S-of af-fe t owe C C' -U -NT -Y . This Zone District may serve as a transition between Agricultural areas and R-1 Zone Districts, but should be located such that driveways will be located on very low -traffic, local, PUBLIC or private STREETS/ROADS. Sec. 23-3-405. - Water and sewer requirements. All USES requiring water in the Estate Zoning District shall be connected to and served by a PUBLIC WATER system and an adequate sewage disposal system. The sewage disposal system shall comply with the On -Site Wastewater Treatment System regulations contained in Chapter 30 of this Code or shall be served by PUBLIC SEWER service. Evidence that PUBLIC WATER and an adequate sewage disposal system are available to the LOT shall be provided prior to the issuance of a building permit. 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. • -n-d--in the E Zone Dis4 of requirements -co r .a iec n Secfoi 23 31/ Q, ce-ow. Uses VCii th' E Zoie D s.ct are sL b- -c additional requirements contained-i s IV and V-ot this Chapter: - A. GARDENING. One (1) SINGLE-FAA-I-LY DWELLING per L EGL L QT. The SilN'6L -E-a- MilcY mg -ad -equate sewage al-sposal---system. The sewage disposal systele Individual Sewag 04sposa1 Regulat-i-e-Two-Gen-tained in Chapter 30 of this Code. Evidence t -h -at -P B 2-A R--a-nd an aceq-date sewage -disposal s e are available to --the LEGAL _OT shall -be pc-eA�ic p for to -the issuance of -a buil-diirP% permit. B FISHING and noncommercial WATER SKIING. GR-e-( I ED HOME cLEG-A-L L O -Q . The MA NUJ CACT U , -E IQ -H Q E sh i-l-b-e-connected to and sent/ad-by a --U L 1C -WATER system a n d an adequate sewage disposal system. The sewage disposalsys--arl- c n--p-1 o th- he-thdividual Se o . E' i-d e n ce that --PUB- R the LEGA LOT -shall be -pc -avid d DWELL -14G shall be UC° the issuance of -a building-permi C. One (1) NONCOMMERCIAL TOWER up to forty (40) feet in height per LEGAL LOT. RANCHING and GAR D -N-G. D. PUBLIC parks E. PUBLIC SCHOOLS F. One (1) SINGLE-FAMILY DWELLING and AUXILIARY QUARTERS, FOSTER CARE HOME, or GROUP HOME FACILITY per LEGAL LOT. Potiee anrd fi--s-a-tions or facilities: - and PUBLIC ree-e-ati-o-n-a-r- s and PUBUSCHOOL extension -cta -� F-cR-M I -N -G - G. UTILITY SERVICE FACILITIES. 155 H. (Repealed) (Repealed) (Repealed) FOSTER CARE HOME OIL AND GAS FACILITIES. o OIL AND GAS FACILITY shall be -developed in ) Zone District until a WOGLA h 1/4„-s or the Board of County Com-m-issioners in accordance with th-e applica-Pan procedures set forth in Article II, Dig -ion 10, of this C h -a -pt -e r-.- K. (Repealed) D NATURAL GAS. 1. LAP -Required. No PIPELINE - NATURAL GAS or OTHER THAN NATURAL GAS shall be developed in -the E (Es/ been issued ey the-Departmen Planning S rviee oMhe Boa-rd- accorda-, ith th t -ion -procedures set forth in D. District until a LAP has missieners in Sec. 23-3-415. - Uses allowed by right subject to the requirement of Site Plan Review. The following USES shall be allowed in the E Zone District following approval and recording of a Site Plan in accordance with Article II, Division 3, of this Chapter. A. CHURCHES. B. Golf courses. C. Police, ambulance, and fire stations or facilities. D. Private SCHOOLS. E. RECREATIONAL FACILITIES, PUBLIC and PRIVATE. Sec. 23-3-420. - Accessory uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in the E (Estate) Zone District so long as they are clearly incidental and accessory to a USE the-J€--e-s Allowed by Right 4cythe E (Slate-) Zone i€t �. �� n - UCTURES a -n4 -USES m st be resigned, constructed -a pe--rc- t d L��-�� —T- �'C �%�a i Es �il �A V �J� �V in conformance with the bulk recuirements containec in Section 23-3-4'0 below. ACCESS -P- �S-ES with -in the E ( ate) - one DDi t; t are also sub c men-ts -eo-ntained in Articles V 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 c rports and marking -areas B. C. D FARMING. similar RECREATIONAL FACILITIES. Parking areas and parking STRUCTURES, not including parking of COMMERCIAL VEHICLES. Wirth -the provisions of Article IV, Division 2 of this Chapter. STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3-410, not including CARGO CONTAINERS. HOMEI I tion 23 1-90 and CLASS II shall comply with Section 23 1-90 and Article -I' , Di si of thi Ch pt 156 E. Swimming pools, tennis courts and similar ACCESSORY USES and STRUCTURES. BUILDINGS and f-ac-i-kPe-s Service F. WIND GENERATORS allowed as ACCESSORY USES in Section 23-4-450 of this Chapter. Any other STRUCTURE or USE clearly incidental and ACCE by Right in the E D-i S' riot^ G (Repealed) parking and operation -are permitted Sec. 23-3-425. - Uses allowed by permit. rcial vehicle from the property, provided4hat such tien 23-A 950 of this Chapter, No USE listed in this Section shall commence construction or operation in the E Zone District without prior approval of a land use permit from the Department of Planning Services. A. HOME OCCUPATIONS permitted under Division 13 of Article IV of this Chapter. B. One (1) NONCOMMERCIAL TOWER between forty (40) and seventy (70) feet in height per LEGAL LOT permitted under Section 23-4-895. C. OIL AND GAS FACILITIES permitted under Division 10 of Article II of this Chapter. D. Parking of one (1) COMMERCIAL VEHICLE per LEGAL LOT permitted under Division 12 of Article IV of this Chapter. 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. Sec. 23-3-430. ® Uses by spec,:l review. The following BUILDINGS, STRUCTURES and USES may be constructed, occupied, operated and maintained in the E Zone District upon approval of a permit in accordance with the requirements and procedures set forth in Article II, Division 4 of this Chapter. A. ACCESSORY BUILDINGS with a GROSS FLOOR AREA larger than four (4) percent of the total LOT area, as detailed in Section 23-3-420 above. a'4, rehabilitation center. B. C. D. BED AND BREAKFAST FACILITIES. CHILD CARE CENTERS. HOME BUSINESSES. CHURCH. Private SCHOOL. PRIVATE RECREATIONAL FACILITY - E. PIPELINES - DOMESTIC WATER in accordance with Division 6 of Article II of this Chapter. -al-re- -u-i F. RESIDENTIAL THERAPEUTIC CENTERS. C -H -I -L D CA-RE-C€TE- R: KENNEL, G. USES similar to the USES listed as permitted as long as the USE complies with the general intent of the Zone District. Keeping, raising 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. J. (Repealed) (Repealed) K. (Repealed) USES similar -to -the USES liste comoltes the General n t o he Zone District. L. M. (Repealed) (Repealed) CEMETERY. as the USE 157 Sec. 23-3-440. - Bulk requirements. The following Subsections list the bulk requirements for the E Zone District. All BUILDINGS, STRUCTURES, USES, and land in the E district are subject to the requirements contained in this Section. A. Minimum LOT size: two and one-half (2.5) acres. B. Maximum LOT size: twenty (20) acres. C. Minimum SETBACK: twenty (20) feet. D. Minimum OFFSET: twenty (20) feet. E. Minimum OFFSET for residences DWELLING UNITS when ADJACENT to the A (Agricultural) Zone District: forty (40) feet. F. (Repealed) Fences less than six (6) feet in height are not i the minimum OFFSET and may be located on the property line. G. Maximum BUILDING HEIGHT: forty (40) feet. H. Maximum number of ANIMAL UNITS: one (1) per acre, not to exceed eight (8) ANIMAL UNITS per LOT. The maximum number of HOUSEHOLD PETS per LOT shall be four (4) HOUSEHOLD PETS of one (1) species or a total of seven (7) HOUSEHOLD PETS of two (2) or more species. I Minimum GROSS FLOOR AREA square footage of SINGLE-FAMILY DWELLING MANUFACTURED HOME: one thousand two hundred (1,200) square feet. J. (Repealed) The combined GROSS -FLOOR AREA of af! ACCE the original effective b ivision plat -or LOTS part of a map or plan filed prior to adeption of any regulations controlli subdivisions of lessthanten (4 rea (RUA), -However, in -no case shall s-uch-an c-cessory building -exceed -twice th Fes r I V or ment standards. ea of the primary rming by ap-p-li-cation of this Subsection may be repaired, replaced or restored in total. K. (Repealed) Exterior portions of all ACCESSORY BUILDINGS, including the roof, shall ial L. No occupied BUILDING or STRUCTURE, as define, -and limited to those -occupancies lied -as --C- -.ups A, B, E, F, , , _ �., shall be constructed within a two -hundred (200) foot radius feet of any tank battery, within a one hundred -fifty (150) -feet radius feet of any wellhead or within a twenty -five-foot radius of any plugged or abandoned oil and gas well. Any co I ¢ e ,„e hand y-wellhea with Subsection 23 1 O.C. -ef this Chapter. r t. cerdan e 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. A!I extern-a--l-ig-lading shall be designed in accordance with Section 23-2-160.U.6- 158 Hello