HomeMy WebLinkAbout20191637.tiffWELD COUNTY
CODE ORDINANCE 2019-02
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IR IN THE MATTER OF REPEALING AND REENACTING, WITH AMENDMENTS,
CHAPTER 14 HEALTH AND ANIMALS, CHAPTER 23 ZONING AND CHAPTER 29 BUILDING
REGULATIONS, OF THE WELD COUNTY CODE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF
WELD, STATE OF COLORADO:
WHEREAS, the Board of County Commissioners of the County of Weld. State of Colorado.
pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority
of administering the affairs of Weld County. Colorado. and
WHEREAS, the Board of County Commissioners. on December 28. 2000, adopted Weld
County Code Ordinance 2000-1, enacting a comprehensive Code for the County of Weld.
including the codification of all previously adopted ordinances of a general and permanent nature
enacted on or before said date of adoption, and
WHEREAS, the Weld County Code is in need of revision and clarification with regard to
procedures. terms, and requirements therein.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of the County
of Weld. State of Colorado. that certain existing Chapters of the Weld County Code be. and hereby
are. repealed and re-enacted, with amendments. and the various Chapters are revised to read as
follows.
CHAPTER 14
HEALTH AND ANIMALS
Amend Sec. 14-4-20. Failure to control.
It is unlawful for the owner or any person having custody of any dog to fail to control said dog
within the County, except the portions of the County which are within the city limits of any
incorporated municipality within the County. An owner or other person having custody of a dog
shall be deemed not to control a dog under the following circumstances:
A. thru E.4. — No change.
5 It shall be an affirmative defense to an alleged violation of Subsection A above if a Use by
Special Review permit has been approved by the Board of County Commissioners and a
map recorded in the County Clerk and Recorder's Office for a kennel in order to exceed
the maximum number established in Chapters 14 and 23 of this Code.
6. It shall be an affirmative defense to an alleged violation of Subsection A above if a zoning
permit has been approved by the Department of Planning Services or Board of County
Commissioners in order to exceed the maximum number established in Chapters 14 and
23 of this Code.
Remainder of Section — No change.
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CHAPTER 23
ZONING
ARTICLE I — General Provisions
Amend Sec. 23-1-20. Authority.
The County is authorized by law to regulate zoning, planning, subdivisionSUBDIVISION of
land, and RuitdTh BUILDINGS by virtue of Section 30-28-101, et seq., C.R.S.; to regulate certain
activities on and usesUSES of land by Section 29-20-101, et seq., C.R.S.; to designate and
administer areas and activities of state interest by Section 24-65.1-101, et seq., C.R.S.; to
regulate PLANNED UNIT DEVELOPMENTS by Section 24-67-101, et seq., C.R.S.; to establish
the point at which statutory vesting occurs pursuant to Section 24-68-101, et seq., C.R.S.; and to
exercise the powers of a Board of Health to adopt rules and regulations pursuant to Section 25-
1 -507(1)(d)25 -1-508(5)(g), C.R.S. In addition, the COUNTY is authorized to regulate zoning,
planning, subdivisionSUBDIVISION of land, and -Bul-l-dtngBUILDINGS by virtue of the Home Rule
Charter. Should further authorizing legislation exist or be enacted, this Chapter is additionally
deemed to be enacted pursuant thereto, except to the extent it may be inconsistent therewith.
Amend Sec. 23-1-50. Interpretation.
A. thru I. — No change.
J. All UsesUSES Allowed -by -Rig -h Temporal --! !s ,d Uses by -Special Review listed in this
Chapter are representative and are not all-inclusiveexclusive.
Amend Sec. 23-1-80. Implementation procedures.
A. Repeal of Previous Zoning Resolution: Applicable only to 1981 Redistricting. The Official Weld
County Zoning Resolution adopted May 29, 1961, was repealed on August 18, 1981. The
Official Weld County Zoning map in hard copy is replaced with the digitized version of this
map that is maintained in joint cooperation with the Weld County Assessor's Office and the
Weld County GIS office. The digitized map is available electronically through the County
webpage and is updated periodically. The maps accompanying the repealed Official Weld
County Zoning Resolution sh alto—the—redistricting—procedures in
Subsection B below. The Weld County Flood Hazard Overlay District Zoning Maps, recorded
April 22, 1980, in Book 901, Reception Numbers 1822844 through 1822908, inclusive; and
the Geologic Hazard Area Map of Potential Ground Subsidence Areas in the County recorded
May 22, 1978, in Book 832, Reception Number 1754240, are not repealed or amended by
this Section. The repeal of the Official Weld County Zoning Resolution shall not prevent the
prosecution and punishment of any person for any violationVIOLATION committed prior to its
repeal and map amendment. The repeal of the Zoning Resolution shall not affect or repeal
any conditions or standards imposed as a condition for approval of any land use decision by
the Board of County Commissioners prior to the effective date of the Zoning Ordinance
codified herein and any amendment thereto.
B. REPEALED.Redistriicting Procedure for Amending the Official Zoning Map.
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1. Intent. The repealed Official Weld County Zoning Resolution and accompanying map contain
zone district classifications which are different from the zone district classifications in _ this
Chapter. The intent of this redistricting procedure is to ensure an orderly and harmonious
transition from the repealed Official Weld County Zoning Map zone district classifications to
the zone district classifications in this Chapter. The Planning Commission and the Board of
County Commissioners shall consider the following redistricting procedures during the
adoption of the Zoning Ordinance codified herein and the amendment to the Official Weld
County Zoning Map. It is not the intent of the redistricting process to correct zoning errors or
deficiencies orfaulty zoning, or to rezone land because of changing conditions -or -because -it
does not conform to the provisions contained in Chapter 22 of this Code.
a. If a parcel of land has been originally zoned by the Board of County Commissioners under
the provisions of +� eI C umy Zoning Resolu-ti-o-n-and that parcel no-oo-ntatn-s n tuber
of separate parcels and different USES, the Planning Commission and the Board of County
Commissioners may redistrict the entire parcel of land to the least restrictive zone district in
this Chapter which most closely corresponds to the previous zoning within the original zone
district boundaries.
b. All land zoned Agricultural on the Official Zoning Map of the repealed Weld County Zoning
Resolution will be renamed Agricultural on the Official Zoning Map of the Weld County Zoning
Ordinance.
c. All land zoned Estate and Residential on the Official Zoning Map of the repealed Weld County
Zoning Resolution will be renamed R 1 on the Official Zoning Map of the Weld County Zoning
Ordinance. Developed land or land which has an existing USE which is zoned High Density
RE B I DENTAL o n th-e--Offi ci-al-Zo-nin-g-Map-of _ the -repeal -e Weld -o-u-nty-Zoning l u tie n- itE
be renamed to the most appropriate R-2, R-3 or R-4 RESIDENTIAL Zone District on the
Official Zoning Map of the Weld County Zoning Ordinance according to the existing use.
Undeveloped land which is zoned High Density RESIDENTIAL on the Official Zoning Map of
the repealed Weld County Zoning Resolution will be renamed to the most appropriate R-2, R
3 or R 4 RESIDENTIAL Zone District on the Official Zoning Map of the Weld County Zoning
to t -h -e -p ro c e d u -re s e st-a-bi i s h ed-i n this- -u-bse ct i-o-n-I and Subsea � ^,�Al I -I z ►� � �
MOBILE HOME on the Official Zoning Map of the repealed Weld County Zoning Resolution
will be renamed R-5 on the Official Zoning Map of the Weld County Zoning Ordinance.
d. D evel ped-Land o-rlan-d wh i eh -h -as -an existing USE —which is zoned-Transi d o n a l o -n- -h-e- ff iei-al
Zoning Map of the repealed Weld County Zoning Resolution will be renamed to the most
appropriate Residential or Commercial Zone District on the Official Zoning Map of the Weld
Transitional on the Official Zoning Map of the repealed Weld County Zoning Resolution will
be renamed to the most appropriate RESIDENTIAL or COMMERCIAL Zone District on the
Official Zoning Map of the Weld County Zoning Ordinance according to the intent or conditions
of the original zone amendment or according to the procedures established in this Subsection
and Subsection 2 below.
e. Developed land or land which has an existing USE which is zoned Business or
COMMERCIAL on the Official Zoning Map of the repealed Weld County Zoning Resolution
�dustrial or Agricultural Zone District
on the Official Zoning Map of the Weld County Zoning Ordinance according to the existing
USE. Undeveloped land zoned Business or COMMERCIAL on the Official Zoning Map of the
repealed Weld County Zoning Resolution will be renamed C on the Official Zoning Map of
th--e--el-d-C-o-u-n-ty-Zo-n-i-n-g-O rd i n a-n-ee
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f. All land zoned Scientific on the Official Zoning Map of the repealed Weld County Zoning
Resolution ill be renamed to I-1 on the Official Zoning -Map -of- ! - o my Zoning
Ordinance.
i
g.
Developed land or land which has an existing USE which is zoned Industrial on the Official
Zoning Map of the repealed Weld County Zoning Resolution will be renamed to the most
appropriate Industrial, COMMERCIAL or Agricultural Zone District on the Official Zoning Map
of the Weld County Zoning Ordinance according to the existing USE. Undeveloped or vacant
land zoned Industrial on the Official Zoning Map of the repealed Weld County Zoning
Resolution will be renamed to I-1 on the Official Zoning Map of the Weld County Zoning
Ord a-
2. If a parcel of property or LOT zoned under the provisions of the repealed zoning resolution
may be redistricted or renamed to more than one (1) zone district in this Chapter due to the
nature -of the --USE con -ducted -on- t b -e property -or LOT, the PI a n-n-i-n-g o -mm, -an d Beard -of
County Commissioners shall use the following standards to determine the most appropriate
zone district designation for the USE and the property: The Planning Commission and the
Board of County Commissioners shall consider the intent statement inSubsection 1 above
and the specific standards contained in Subparagraphs la to g inclusive. If, after applying
these standards, there is still a choice between two (2) different zone districts, the Planning
Commission and the Board of County Commissioners shall consider the following standards:
a. If one (1) zone district in this Chapter would allow the USE in question to be allowed by right
and the other zone district would allow the USE by permit, the Planning Commission and the
Board of County Commissioners shall assign the zone district designation which would allow
the -USE -by -rig -ht.
b. If both zone districts in this Chapter would allow the USE by right or if both zone districts in
this Chapter would allow the USE by permit, the Planning Commission and Board of County
Commissioners shall consider -the intents .e t he beginning -of -the zone -district -in -the
text of this Chapter to determine the most appropriate zone district to assign to the property.
c. If both zone districts in this Chapter would allow the USE by right or if both zone districts in
this -Chapter -would alert e- US -E by per-m-i t, and the Ply -n --n i ng- o -m -mission , -n-d ae-Board--o-f
County Commissioners cannot make a determination for naming a new zone district based
upon the standards and procedures contained in this Subsection 2 and Subsection 1 above,
the Planning Commission and Board of County Commissioners shall assign a district
designation most similar in name and uses allowed to the district designation that existed on
the property under the provisions of the repealed Weld County Zoning Resolution.
d. If a landowner has initiated substantial DEVELOPMENT of a parcel of land and this
DEVELOPMENT is allowed in the zone district under the provisions of the repealed Weld
County -Zoning Resolution, _ but- is-n-ot-p-e-rm-it -e-d in _ the zone district proposed under t h e
provisions of this Chapter, the Planning Commission and the Board of County Commissioners
may redistrict a legally definable part of the land or the entire parcel to a zone district in this
Chapter which would allow the USE as a use allowed by right or by permit. Substantial
DEVELOPMENT shall be considered to be issuance of a building permit or actual physical
DEVELOPMENT -of _ t h-e-p-ro t which conforms -to the -provisions -of the existing -COUNTY
regulations.
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3. Minor Corrections. A property owner may request a meeting before the Board of County
Gomm ion r+ nor the purpose of -ma -Icing a minor correction resulting from he ataphcation of
the redistricting procedures by the Board of County Commissioners. This request shall be filed
with the Clerk to the Board of County Commissioners within one hundred eighty (180) days
of August 18, 1981. Such request for a minor correction shall be in writing and directed to the
Board of County Commissioners, and shall state therein the specific reasons for such request.
The Board of County Commissioners shall consider such request at a regularly scheduled
meeting within a reasonable period of time, and at such meeting may initiate any minor
corre
C. REPEALED. Tra n si ti -o -n --to- -h-alater 27, Planned Unit Develo--p-man-
1. All properties which have received land use approval for a change of zone to PUD prior to
the effective date of Ordinance No. 197 (January 27, 1998) and meet the following additional
co nd-iti-o n s s h atl a dh-e-re--t-o -r u lat-ions and -processing -met ho -f r -P' f d e felo p ment set -forth
in this Chapter:
a. The application for final plan conforms to the approved PUD District; and
b. The applicant has diligently pursued the final plan or has received an extension of time in
accordance wit h-Seetian- -2-7-9-0-E r h i hep1er
All other PUD applications shall adhere to the rules and regulations as set forth in Chapter
27 of this Code.
Amend Sec. 23-1-90. Definitions.
For the purposes of this Chapter, certain terms or words used herein shall be interpreted as
d-efin-e-d--i-nth-is- oefi-on- 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 FLO0DPLAIN: The area of land susceptible to being inundated as a result of the
occurrence of the 100 -YEAR FLOOD.
500 -YEAR FLOOD: A FLOOD having a recurrence interval that has a two -tenths (0.2) percent
chance of being equaled or exceeded during any given year. The term "0.2 -percent -chance
FLOOD" is synonymous with the term 500 -YEAR FLOOD. The term does not imply that the
FLOOD will necessarily happen once every five hundred (500) years.
500 -YEAR FLOODPLAIN: The area of land susceptible to inundation as a result of the 500 -
YEAR FLOOD.
ACCESSORY BUILDING, STRUCTURE, or USE-: any BUILDING, STRUCTURE, or USE
which:
a. Is subordinate in purpose, area or intensity to the principal 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 principal PRINCIPAL BUILDING or USE.
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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
shoulddoes 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.
AG RITOURISM: 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: (This definition applies only to AIRPORT when used in the A P (Airport Overlay
District): Greeley -Weld County Airport, located in Sections 2 and 3, T5N, and Sections 26 and 35,
T6N, R 5W -of -the- -t -P. , Weld-Cour ol-e-r--a-d-o4-Any locality, situated on water or land which
is adapted for the landing and taking off of aircraft and which may provide facilities for shelter,
supply and repair of aircraft, or a place USED regularly for receiving or discharging passengers
or cargo by air. Includes all land, BUILDINGS, STRUCTURES or other improvements necessary
or convenient in the establishment and operation of an AIRPORT.
AIRPORT ELEVATION : The established elevation of the highest point on the usable land
area of the GREELEY-WELD COUNTY AIRPORT (four thousand six hundred ninety [4,690] feet
above sea levelMEAN SEA LEVEL).
Delete AIRPORT HAZARD.AIRPORT HAZARD : Any structure, tree or use of land which
taking off 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 Greel-e aId
CountyGREELEY-WELD COUNTY AIRPORT is a point three thousand one hundred (3,100) feet
west of the east line of Section 2, T5N, R68W of the 6th P.M., Weld County, Colorado, and two
thousand two hundred fifty (2,250) feet south of the north line of said Section 2, which
geographical coordinates are Latitude 40°26'8" north and Longitude 104°37'55" west.
AIRSTRIP : - No change.
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ALLEY: A minor PUBLIC or private STREET/ROAD primarily for vehicular service access to
the rear or side of LOTS otherwise abutting on a STREET/ROAD. ALLEYS have thirty (30) feet
of RIGHT-OF-WAY width or less. For the purposes of enforcing OFFSETS only, ALLEYS shall
not be considered STREETS/ROADS.
ALTERATION OR RELOCATION OF A WATERCOURSE: Any DEVELOPMENT which
changes the direction of flow of water in a river or stream. Any CHANNELIZATION of a river or
stream is also considered to be an ALTERATION OR RELOCATION OF A WATERCOURSE.
ANIMAL BOARDING : The maintaining of LIVESTOCK, other than those owned by the
property owner and where any of the following are provided: shelter, care, confinement, feed and
water.
ANIMAL UNIT: A term and number used to establish an equivalency for various species of
LIVESTOCK. The number of LIVESTOCK allowed by right is dependent upon bulk requirements
of the A (Agricultural), A-1 (Concentrated Animal), E (Estate) Grand R-1 (Low -Density Residential)
Zone District. LIVESTOCK in excess of the bulk requirements for the Agricultural Zone District
shall require a Use by Special Review Permit for a LIVESTOCK CONFINEMENT OPERATION
or ANIMAL BOARDING and animal TRAINING FACILITY. In the-1'on-e-D-itri-c
shall specify the maximum number of ANIMAL UNITS and species to be associated with tho
Livestock Confinement Operation. All Livestock Confinement Operations in the A-1 Zone District
recuire a Site P an Review anc are sub;ect to tie Site P an Review requirements out inec in Artic c
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 23.1 C,_ and 23.1D below:
Table 23.1A
ANIMAL UNITSAnimal Units in the A (Agricultural) Zone District
ANIMAL
Equivalent
UnitANI
Number
Animals
to
A
AL
of
One
UNIT
Maximum
Number of Animals per Acre
Less
Than
120
Gross
Acres
Less
Gross
Minimum
Seetion12o
than
Acres,
n. �ert
320
or a
of X of a
r
Gross
Less than 640
Gross Acres, or
Minimum of
a Section320
a
640 Gross
Acres or
Greater, or a
Minimum of 1
Section
UNN
Unit
Equivalents
Gross Acres
Acres
Remainder of Table 23.1A— No change.
Table 23.1B
ANIMAL UNITSAnimal Units in the E (Estate) Zone District
A p mom r tn: tANIMA
L UNIT
Number of Animals Equivalent
to One
Maximum Number
Per
Equi valen is
Animal UnitANIMAL
UNIT
Gross Acre
Remainder of Table 23.1B — No change.
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Table 23.1O
ANIMAL UNITSAnimal Units in the R-1 (Low -Density Residential) Zone District
Animal UnitANIMAL
UNIT
Number
of Animals
idaitA
Equivalent
NIMAL
UNIT
to One Animal
Maximum
Number
L
Per
T
Equivalents
Remainder of Table 23.1 — No change.
Delete Table 23.1D. Animal Units in the A-1 (Concentrated Animal) Zone District
Table 23.1D
Animal Units in the A-1 (Concentrated Animal) Zone District
Animal Unit
Number
of -
i.1rl'..rti,F�'
A r! :.irr
Animals
Less than 320
Less than 640
640 Gross Acres
Equivalents
-
Equivalen
t to
Gross Acres, or a -
Gross Acres, or a -
or Greater, or a
.1
Animal -Unit—
Mi t i w....4, �-.-i—
Minimum r3 4 o
/1 in im
Quarter Section -
a Section
Section
Cattle
1
1
8—
10
Bison
4—
4—
6—
8—
10
Mule
4-
8
10
Ostrich
1
1
6—
8—
10
Elk
1
1
6-
8-
10
Horse
4—
E
8—
4 -0 —
Swine
=
5—
30
/10
50
Sheep
�
100
Llama
10
100
Goat
10
6-0--
100
Alper
13
78
104
130
.075
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Poultry
Rabbit
. 02
. 02
50
50
300
300
/100
400
500
500
Any combination of the above LIVESTOCK and their equivalents as a Use by Right shall not
exceed the maximum of four (4) ANIMAL UNITS per acre in the A (Agricultural) Zone District on
LOTS less than eighty (80) -one -hundred twenty (120) gross acres, not to exceed six (6) ANIMAL
UNITS per acre on LOTS a minimum of one-half (1/2) of a Quarter Sectionone-hundred twenty
(120) gross acres and less than three hundred twenty (320) gross acres, not to exceed eight (8)
ANIMAL UNITS per acre on LOTS a minimum of one-half (%) of a Section and less than six
hundred forty (640) gross acres, and not to exceed ten (10) ANIMAL UNITS per acre on LOTS
six hundred forty (640) gross acres or larger, or one full section; in the A 1 (Concentrated Animal)
Zone District, ANIMAL UNITS shall not exceed the maximum of six (6) ANIMAL UNITS per acre
on LOTS m-i n-i m u-m-cf-a--ou-a-rter Section and lit -a-n-three hundred -twenty o --gross acres,
not to exceed eight (8) ANIMAL UNITS per acre on LOTS a minimum of one-half (1/2) of a Section
and less than six hundred forty (640) gross acres, and notAL UNITS per
acre on LOTS six hundred forty (640) gross acres or larger. In the E (Estate) Zone District,
ANIMAL UNITS shall not exceed eight (8)one (1) ANIMAL UNITS per gross acreLOT. In the R-1
(Low -Density Residential) Zone District, ANIMAL UNITS shall not exceed two (2) ANIMAL UNITS
per LOT. In determining the number of acres in a LOT for the purpose of calculating the number
of ANIMAL UNITS allowed as a Use by Right, the total number of contiguously owned or
controlled (for example, through lease, easement or dedication) acres shall be included. Such
contiguity shall not be affected by the existence of a platted STREET/ROADstreet or aIleyALLEY,
a publicPUBLIC or private right of wayRIGHT-OF-WAY, a public or private transportation right
of -way or area, state or federal PUBLICpublic lands, whether owned by the State, the United
States or an agency thereof, except County owned open space, or a lake, reservoir, stream or
other natural or artificial waterway.
ANIMATED SIGN: Any SIGN or components of a SIGN that use movement or change of
lighting to depict or give the visual impression of movement, rotation or action, or that create a
s Decial effect or scene.
APPROACH SURFACE: A surface longitudinally centered on the extended RUNWAY
centerline, extending outward and upward from the end of the PRIMARY SURFACE and at the
same slope as the APPROACH ZONE HEIGHT limitation slope set forth in Division 1 of Article V
of this Chapter. In plan, the perimeter of the APPROACH SURFACE coincides with the perimeter
of the APPROACH ZONE.
APPROACH ZONE: The Utility Runway Visual Approach Zone, Runway Larger Than Utility
Visual Approach Zone, and Precision Instrument Runway Approach Zone as described in Section
23-5-20.
Delete APPEAL.APPEAL : The request for a review of the County's interpretation of any
provision of this Chapter or a request for a VARIANCE, with the exception of appeals and
variances pursuant to Article XI of Chapter 23 of this Code
AUXILIARY QUARTERS-: One (1) or more interconnected rooms permanently attached to
or located within a SINGLE-FAMILY DWELLING which are arranged, designed, used or intended
for USE as a complete independent living facility for one (1) FAMILY. All AUXILIARY QUARTERS
shall comply with the following requirements:
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a. and b. — No change.
c. The gross floor areaGROSS FLOOR AREA of the SINGLE-FAMILY DWELLING shall
be no less than one thousand six hundred (1,600) square feet in size.
d. and e. - No change.
f. The AUXILIARY QUARTERS and the SINGLE-FAMILY DWELLING shall be attached
by common roof and foundation.
g. — No change.
BANNER SIGN: Any SIGN of lightweight fabric or similar material that is permanently
mounted to a pole or a BUILDING by a permanent frame or rivet at one (1) or more edges.
BASE FLOOD: The FLOOD having a one -percent chance of being equaled or exceeded in
any given year.
BASE FLOOD ELEVATION (BFE): The elevation shown on a FEMA FIRM that indicates the
WATER SURFACE ELEVATION resulting from a FLOOD that has a one -percent chance of
equaling or exceeding that level in any given year.
BASEMENT: Any floor level below the first story or main floor of a building. The BASEMENT
is wholly or partially lower than the surface of the ground. For the purposes of this Chapter, any
Any floor level below the first story or main floor of a BUILDING, having its floor sub -grade (below
ground level) on all sides. The lowest floor of a residential BUILDING, including BASEMENTS,
shall be at least one (1) foot above the BASE FLOOD ELEVATION (BFE). Any crawl space with
si four (4) feet or more between the floor and the ceiling shall be considered to be a
BASEMENT.
BEACON: Any light with one (1) or more beams directed into the atmosphere or directed at
one (1) or more points not on the same ZONE LOT as the light source; also, any light with one
(1) or more beams that rotate or move.
BED AND BREAKFAST FACILITY: - No change.
BEST AVAILABLE DATA: Any FLOOD data available from the federal or state governments
or any other source that is utilized by the FLOODPLAIN ADMINISTRATOR to determine the
BASE FLOOD ELEVATION or FLOODWAY location. The sources of data may include, but are
not limited to:
a. FEMA publications such as guidance documents, policy► documents, technical bulletins
and regulations;
b. State publications and regulations; and
c. Other published or unpublished FLOOD studies.
BILLBOARD: A SIGN which is intended to create an income from the sale or leasing of
advertising space.
BIOSOLIDS—: The accumulated treated residual product resulting from a domestic
wastewater treatment works. BIOSOLIDS DS 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
domesticDOMESTI C SEPTAGE or industrial septage.
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BREWERY-: Any establishment licensed pursuant to the provisions of Title 1244, Article 473,
C.R.S., where malt liquors or fermented malt beverages are manufactured, except brew
pu-bsBREW PUBS. "Malt liquors" are defined in C.R.S. Section 44-3-103(30). "Fermented malt
beverages" are defined in C.R.S. Section 44-4-103(1). include beer and shall be construed to
mean any beverage obtained by tie alcoio is fermentation of any infusion or decoction of barley,
malt, hops, or any other similar product, or any combination thereof, in water containing more
than three and two tenths percent (3.2 %) of alcohol by weight or four percent (4%) alcohol by
volume.
BREW PUB-: A retail establishment licensed pursuant to the provisions of Title 444, Article
473, C.R.S., that manufactures not more than one million eight hundred sixty thousand
(1,860,000) gallons of malt liquor and fermented malt beverages on its licensed premises or
licensed alternating proprietor licensed premises, combined, each calendar year. "Malt liquors"
are defined in C.R.S. Section 44-3-103(30). "Fermented malt beverages" are defined in C.R.S.
Section 44-4-103(1). include beer and shall be construed to mean any beverage obtained by the
alcoholic fermentation of any infusion or decoction of barley, malt, hops or any other similar
product, or any combination thereof, in water containing more than three and two -tenths percent
(3.2 %) of alcohol -by -weight or four percent (4%) alcohol by vo
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 Ad; ustment. A LEGAL LOT may not necessarily be a BUILDABLE LOT.
BUILDING: - No change.
Delete BUILDING ENVELOPE.BUILDING ENVELOPE : The two dimensional space within
which a structure is permitted to be built on a lot. The bulk requirements for the specific zone
districts addressed in this Code shall also be followed.
BUILDING HEIGHT-: The vertical distance from mean natural grade at foundation to the
highest point of the roof or appurtenances, not including churchCHURCH RCH spires and residential
chimneys.
BUILDING MARKER: Any SIGN indicating the name of a BUILDING, construction date and
incidental information about its construction, or historical data on historic sites, which is cut into
a masonry surface or made of bronze or other permanent material.
BUILDING, PRINCIPAL: - No change.
BUILDING SIGN: Any SIGN attached to any part of a BUILDING, as contrasted to a
FREESTANDING SIGN. Includes PROJECTION SIGNS, SUSPENDED SIGNS and WALL
SIGNS.
BUILDING UNIT: For the purpose of obtaining a Weld Oil and Gas Location Assessment,
shall mean a Residential Building Unit; and every five thousand (5,000) square feet of building
floor area in commercial facilities or every fifteen thousand (16,000) square feet of building floor
area in warehouses that are operating and normally occupied during working hours.
CAMPING: - No change.
CAMPGROUND—: An area usedUSED for TEMPORARY placement and occupancy of
RECREATIONAL VEHICLES or campingCAMPING tents operated on a COMMERCIAL basis for
USE by the public.
CANOPY SIGN: Any SIGN that is a part of, or attached to, an awning, canopy or other fabric,
plastic or structural protective cover over a door, entrance window or outdoor service area.
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CARGO CONTAINER: A receptacle with all of the following characteristics:
a. thru c. — No change.
d. So dDesigned to be easy to fill and empty.
e. — No change.
CAR WASH: An establishment providing COMMERCIAL cleaning of motor vehicles, 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 deadhuman remains and dedicated for memorial
purposes, whereby plots are reserved and sold. Includes columbaria and mausoleums.
CHANGEABLE COPY SIGN: A SIGN or portion thereof with characters, letters or illustrations
that can be changed or rearranged without altering the face 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
(18)under-the age of -sixteen (-16) years of age or younger and not related to the owner, operator
or manager thereof, whether such facility is operated with or without compensation for such care
and with or without stated educational purposes, as further defined in C.R.S. Section 26-6-102(5).
The term includes facilities commonly known as day care centers, day nurseries, nursery
SCHOOLS, kindergartens, preschools, play groups, day camps, summer camps and centers for
developmentally disabled children and those facilities which give twenty four hour care for
dependent and neglected children, and includes those facilities for children under the age of six
(8) -yearmwith--stated educat onal Du. s s ed i n conjunction lit i a PU- BLI C, private or
parochial college or a private or parochial SCHOOL; except that the term shall not apply to any
kindergarten maintained in connection with a PUBLIC, private or parochial elementary SCHOOL
22, Article 28, C.R.S., which is maintained in connection with a public school system of at least
six (6) grades so long as-thh lit m-- -s--n-ot-al -providing exte nd e d a y s ervi ces.
CHURCH: A buildingBUILDING or structuroSTRUCTURE, or groups of buildingsBUILDINGS
or structuresSTRUCTURES, that by design and construction are primarily intended for conducting
organized religious services and associated accessory usesACCESSORY USES.
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Delete Table 23-1 D. Land Use Process for Churches
Table 23 -/ID
Land Use Process for Churches
Zone
R 1
R Z
R 3
-R-4
R 5
C 1
C 2
C 3
C-4
+--1-
-I-2-
+-3-
PUD
A -
Application
14-S#
USR
bli-S-R
-14S-R-
&RR-
&RR-
SPR
USR
S
&RR-
S
USR
USR/SPR
USR
-Icl-S-R-
-RR-
-R -R-
U -S -R ---I eby Special Review
SPR Site Plan Review
Delete CLUSTER. : A residential development technique that concentrates individual lots on
part of the site to alto -th--re.mS-, tn1ng -lanc to be usec
pace and the
preservation of environmentally sensitive features such as wildlife habitat, riparian zones and
agricultural lands. If a CLUSTER development is proposed on agricultural lands, the land shall be
operations for the next forty (40) years. The intent of the A (Agricultural) Zone District as outlined
in Chapters 22, 23, 24 and 27 of this Code, including Weld County's Right to Farm, shall be met.
A CLUSTER development may be used in URBAN and NONURBAN RBAN AREAS.
CO -LOCATION: Locating TELECOMMUNICATION ANTENNAS or other wireless
communications equipment for more than one (1) provider on a single STRUCTURE.
COMMERCIAL-: An activity where goods, products or services are bought, sold or transferred
in ownership on a fee, contract or barter basis excluding those usesUSES listed by right and
accessory-usesACCESSORY USES in the A (Agricultural) Zone District.
COMMUNITY BUILDINGS: Governmental and non-profit BUILDINGS, including but not
limited to libraries, post offices, and museums, and quasi -PUBLIC BUILDINGS for the members
of a group, including but not limited to community clubhouses owned by homeowners'
associations, fraternal lodges, grange halls, and agricultural organization offices.
COMMERCIAL MESSAGE: Any SIGN wording, logo or other representation that, directly or
indirectly, names, advertises or calls attention to a business, product, service or other commercial
activity.
COMMERCIAL JUNKYARD-: An open or enclosedENCLOSED area where any waste, JUNK
or used or secondhand materials are bought, sold, exchanged, stored, baled, packed,
disassembled or handled, including, but not limited, to scrap iron and other metals, paper, rags,
rubber tires and bottles. A COMMERCIAL JUNKYARD also includes the storage or keeping of
DERELICT VEHICLES.
COMMERCIAL MINERAL DEPOSIT: - No change.
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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 usoUSE, such as HOME BUSINESSES with classes of six (6) or fewer students, shall
n ot be considered a COMMERCIAL SCHOOL.
COMMERCIAL STORAGE BUILDINGS: A BUILDING or arou
of BUILDINGS consisting of
individual, self-contained units leased for ENCLOSED self-service storage of personal property.
COMMERCIAL VEHICLE: Any vehicle_, other than -an auto-m-ob-i-Is u -USED or previously
u sed -USED COMMERCIALLY, to facilitate an activity where goods, products or services are
bought, sold or transferred in ownership on a fee, contract or barter basis, excluding those
u sesUSES listed by right and accessory uses in the A (Agricultural) Zone District. A
COMMERCIAL VEHICLE shall include, but is not limited to, semi -tractors and trailersSEMI-
TRAI LERS, dump trucks, construction equipments -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 useUSE is allowed through the zone district. For the purposes
of enforcement, two -axle passenger motor vehicles, as defined in C.R.S. Section 42-1-102(58),
which could be utilized in everyday personal transport, and which are USED COMMERCIALLY,
such as but not limited to taxis, ride -sharing vehicles, and work pick-up trucks, may be allowed in
any zone district without requirement of any permits provided they are operated solely by
residents thereof.
Delete COMMON OPEN SPACE. : A parcel of land, an area of water or a combination of
r, excluding STREETS, PARKI f -way within the site
designated for a Planned Unit Development, designed and intended primarily for the USE or
enjoyment -of -residents, occupants -and -owners of the PIan-nsd--U-n it -D v+ I-opmant-
COMPLETE APPLICATION: - No change.
COMPREHENSIVE PLAN-: - No change.
CONDITIONAL LETTER OF MAP REVISION (CLOMR): FEMA's comment on a proposed
project which does not revise an effective FLOODPLAIN map and would, upon construction, affect
the hydrologic or hydraulic characteristics of a FLOODING source and thus result in the
modification of the existing regulatory FLOODPLAIN.
CONICAL SURFACE: A surface extending outward and upward from the periphery of the
HORIZONTAL SURFACE at a slope of twenty (20) to one (1) for a horizontal distance of four
thousand (4,000) feet.
CONICAL ZONE: The area described as CONICAL ZONE in Section 23-5-20.
Delete CONSERVATION EASEMENT. : An encumbrance upon an identified parcel of land
stipulating the restriction on additional or future development. The easement restricts the
development rights to the land, but the landowner still holds the title to the property, the right to
restrict public access and the right to sell, give or transfer ownership of the property.
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Delete CONSTRUCTION TRAILER. : A MANUFACTURED STRUCTURE or COMMERCIAL
VEHICLE used for other than a TEMPORARY--i-meperiod _ for office use or the storage of
construction related plans, supplies, equipment and related items to be accessed exclusively by
Construction personnel. CONSTRUCTION TRAILERS shall comply with requirements set forth
in this Chapter, including required zoning SETBACKS and OFFSETS, and shall be installed in
accordance with the requirements set forth in Chapter 29 of this Code and adhere to the zoning
permit requirements of Section 23 4 190 of the Code. All CONSTRUCTION TRAILERS shall
demonstrate that water and sewage disposal facilities are available.
CONTRACTOR'S SHOPS-: - No change.
CORRECTIONAL FACILITY: - Na change.
COUNT-: - No change.
CRAWLSPACE, BELOW GRADE: A BELOW GRADE CRAWLSPACE is a crawlspace that
has an interior grade no more than two (2) feet lower than the exterior grade and is below the
BASE FLOOD ELEVATION. All BELOW GRADE CRAWL PACES 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).
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2) Specific exemptions to Essential Service CRITICAL FACILITIES include wastewater
treatment plants, non potable water treatment plants, hydroelectric power -generating
plants and related appurtenances.
3) Public utility plant facilities may be exempted from the definition of Essential Service
CRITICAL FACILITIES if it is demonstrated that the facility is an element of a
redundant system for which service will not be interrupted during a FLOOD. At a
minimum it shall be demonstrated that redundant facilities are available (either owned
by the same utility or available through an intergovernmental agreement or other
contract) and connected, the alternative facilities are either located outside of the 100 -
YEAR FLOODPLAIN or are compliant with the provisions of this ORDINANCE and an
operations plan is in effect that states how redundant systems will provide service to
the affected area in the event of a FLOOD. Evidence of ongoing redundancy shall be
provided upon request.
b. Hazardous Materials CRITICAL FACILITIES..
1) Hazardous Materials CRITICAL FACILITIES include, but are not limited to:
a) Chemical and pharmaceutical plants;
b) Laboratories containing highly volatile, flammable, explosive, toxic and/or water -
reactive materials;
c) PETROLEUM REFINERIES;
d) Hazardous waste storage and disposal sites;
e) Aboveground gasoline or propane storage or sales centers;
f) Facilities which produce or store chemicals in quantities in excess of regulated
threshold limits. If the owner of a facility is required by OSHA to keep a Material
Safety Data Sheet (MSDS) on file for any chemical stored or used in the workplace
and the chemical is stored in quantities equal to or greater than the regulated
United States Environmental Protection Agency Threshold Planning Quantity for
that chemical, then that facility will be considered a CRITICAL FACILITY.
2) Specific exemptions to Hazardous Materials CRITICAL FACILITIES include:
a) Finished consumer products within retail centers and households containing
hazardous materials intended for household use and agricultural products
intended for agricultural use;
b) BUILDINGS or other STRUCTURES containing hazardous materials for which it
can be demonstrated to the satisfaction of the COUNTY by hazard assessment
and certification by a qualified professional that a release of the sub;ect hazardous
material does not pose a major threat to the public; or
c) Pharmaceutical sales, use, storage and distribution centers that do not
manufacture pharmaceutical products.
c. At -Risk Populations CRITICAL FACILITIES.
1) At -risk population facilities include, but are not limited to:
a) Elder care facilities, including nursing homes;
b) Congregate care serving twelve (12) or more individuals, including CHILD CARE
CENTERS, FAMILY CHILD CARE HOMES and assisted living facilities; and
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c) PUBLIC and private SCHOOLS, including preschools, K-12 SCHOOLS and
before- and after -school daycare serving twelve (12) or more children.
d. CRITICAL FACILITIES Vital to Restoring Normal Services.
1) CRITICAL FACILITIES Vital to Restoring Normal Services include, but are not limited
to:
a) Essential government operations, including public records, courts, jails, building
permitting, inspections services, community administration and management,
maintenance and equipment centers; and
b) Essential STRUCTURES for PUBLIC colleges and universities, including
dormitories, OFFICES and classrooms.
2) CRITICAL FACILITIES Vital to Restoring Normal Services listed in Paragraph 1)
above may be exempted from the definition of CRITICAL FACILITIES if it is
demonstrated that the facility is an element of a redundant system for which service
will not be interrupted during a FLOOD. At a minimum, it shall be demonstrated that
redundant facilities are available (either owned by the same utility or available through
an intergovernmental agreement or other contract) and connected, the alternative
facilities are either located outside of the 100 -YEAR FLOODPLAIN or are compliant
with the provisions of this ORDINANCE, and an operations plan is in effect that states
how redundant systems will provide service to the affected area in the event of a
FLOOD. Evidence of ongoing redundancy shall be provided upon request.
e. Exemptions listed for particular categories of CRITICAL FACILITIES shall not apply to
STRUCTURES or related infrastructure that also function as CRITICAL FACILITIES under
another category outlined in this definition.
DAIRY-: An establishment for the primary production and subsequent sale or distribution of
milk and/or milk products. See LIVESTOCK CONFINEMENT OPERATION.
DERELICT MANUFACTURED cOR MOBILE) HOME—: A MANUFACTURED (MOBILE)
HOME or mobile home that is partially or totally damaged by fire, earthquake, wind or other natural
causes, or is in a state of general dilapidation, deterioration or decay resulting from improper lack
of maintenance, vandalism or infestation with vermin or rodents. A MANUFACTURED HOME
shall not be allowed to deteriorate to the condition of a DERELICT MANUFACTURED OR
MOBILE HOME. Any such DERELICT MANUFACTURED {OR MOBILE) HOME shall be returned
to and maintained in the condition as originally established on site and as inspected by the
Building Inspection Department, or it shall be removed from the site.
DERELICT SIGN: A SIGN that is partially or totally damaged by fire, earthquake, wind or
other natural causes, or is in a state of general dilapidation, deterioration or decay resulting from
improper or lack of maintenance, vandalism or infestation with vermin or rodents.
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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-
40-3-4-202(4), 42-3-13812-301 or 42-12-1-02401, C.R.S., and/or the number plate assigned to it
is not permanently attached to the vehicle, as required by C.R.S. Section 42-3 X3202, C.R.S.;
or is lacking proper equipment to the extent that it would be unsafe or illegal to USE on public
road rights of wayPUBLIC 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 42-2-22730, C.R.S. This
definition shall not include implements of husbandry, farm tractors or vehicles customarily
operated in a FARMING operation.
Delete DEVELOPER. : The legal or beneficial owner or owners of any of the land proposed
to be include PMENT, or the authorized agent therefor, including the holder
of an option or contract to purchase, or other individual having an enforceable legal interest in
such land.
DEVELOPMENT: The placement, construction, erection, reconstruction, movement and/or
alteration of BUILDINGS and/or other STRUCTURES, the placement of paved areas, drainage
improvements or alterations on the historic flow of drainage patterns or amounts, and the
placement of lighting and/or other appurtenances related to any and all USES, excluding OIL AND
GAS FACILITIES. Includes any man-made change to improved or unimproved real estate,
including but not limited to BUILDINGS or other STRUCTURES, mining, dredging, filling, grading,
paving, excavation or drilling operations or storage of equipment or materials.
DEVELOPMENT SIGN: A FREESTANDING SIGN maintained by a DEVELOPMENTS
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 Planmap 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 1-244, Article
473, C.R.S., where spirituous liquors are manufactured. "Spirituous liquors" are defined in C.R.S.
Section 44-3-103(54) include any alcohol beverage obtained by distillation, mixed with water and
otier substances in so ution anc inc uces among otiertiings brancy, rum, wiis<ey, gin anc every
liquid or solid, patented or not, containing at least one-half of one percent (0.5 %) alcohol by
volume an -d which is fit for-usefocbeverage purposes. Any -liquid or solid containing beer -or -wine
in combination with any other liquor, except as provided in Sections 12 47 103(19) and (39),
C.R.S., shall not be construed to be fermented malt or malt or vinous liquor but shall be construed
to be spirituous liquor.
DISTRIBUTION CENTER: A BUILDING where goods are stored for distribution to a retailer
or other destination.
DOMESTIC SEPTAGE-: Liquid or solid material removed from a septic tank, cesspool,
portable toilet, Type III marine sanitation device or similar treatment works that receives only
domestic sewage. DOMESTIC SEPTAGE does not include liquid or solid material removed from
a septic tank, cesspool or similar treatment works that receives either commercial wastewater or
industrial wastewater and does not include grease removed from a grease trap at a
restaurantRESTAURANT.
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DOMESTIC WATER: - No change.
Delete DOUBLE FRONTAGE. : A lot that fronts upon two (2) parallel streets, or a lot that
fronts upon —two — -treats that do not _ intersect at _ the —boundaries d cries of _ the —lot. _ A — DOUBLE
E
FRONTAGE LOT is often referred to as a Through Lot, as illustrated below.
DWELLING, DUPLEX: A BUILDING, other than a MANUFACTURED HOME, containing two
(2) DWELLING UNITS, each occupied by not more than one (1) LIVING UNIT.
DWELLING, MULTI -FAMILY—: A BUILDING other than a MANUFACTURED HOME,
containing four (4)three (3) or more DWELLING UNITS, each occupied other than MOBILE
HO-MES or-MANUFACTURED-HOMESarranged, designed-acou- ies by four
(4) ornot more than one (1) LIVING UNITS.
DWELLING, SINGLE-FAMILY (SINGLE-FAMILY DWELLING): A DWELLING UNIT or
MANUFACTURED -HOME other th - 10131-L E H -O -M -E arranged, designed and intended to be
occupied by not more than one (1) LIVING UNIT. The projected view of any exterior wall of a
DWELLING UNIT or MANUFACTURED HOME shall not be less than twenty-four (24) feet.
Delete DWELLING, THREE-FAMILY/TRIPLEX.: A BUILDING containing three (3)
DWELLING UNIT'S other than MOBILE HOMES or MANUFACTURED HOMEe arranged,
designed and intended to be occupied by not more than three (3) LIVING UNITS.
Delete DWELLING, TWO-FAMILY/DUPLEX. : A BUILDING containing two (2) DWELLING
UNITS other than MOBILE HOMES or MANUFACTURED HOMES arranged, designed and
intended to be occupied by not more than two (2) LIVING UNITS.
DWELLING UNIT-: - No change.
ELECTRIC TRANSMISSION LINES: - No change.
ELEVATE: To build or raise a STRUCTURE to a minimum of one (1) foot above the BASE
FLOOD ELEVATION.
ELEVATED BUILDING: A BUILDING without a BASEMENT and:
a. Built, in the case of a BUILDING in Zones 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 Al -30, AE, A, A99, AO, AH, B, C, X and D, ELEVATED BUILDING also
includes a BUILDING ELEVATED by means of FILL or solid foundation perimeter walls with
openings sufficient to facilitate the unimpeded movement of FLOOD waters.
ENCLOSED: - No change.
EVENT FACILITY: A USE providing a gathering space for rent for weddings, business
meetings, and similar events not open to the general public.
EXISTING CONSTRUCTION: STRUCTURES for which the START OF CONSTRUCTION
commenced before the effective date of the FLOOD INSURANCE RATE MAP (FIRM). EXISTING
CONSTRUCTION is synonymous with the term "existing structure".
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EXISTING MANUFACTURED HOME PARK OR SUBDIVISION: A MANUFACTURED
HOME PARK OR SUBDIVISION for which the construction of facilities for servicing the LOTS on
which the MANUFACTURED HOMES are to be affixed (including, at a minimum, the installation
of utilities, construction of STREETS/ROADS and either final site grading or the pouring of
concrete pads) is completed before the effective date of the COUNTY adoption of the
FLOODPLAIN MANAGEMENT ORDINANCE.
EXOTIC ANIMAL : - No change.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION: The
preparation of additional sites by the construction of facilities for servicing the LOTS on which the
MANUFACTURED HOMES are to be affixed (including, at a minimum, the installation of utilities,
the construction of STREETS/ROADS and either final site grading or the pouring of concrete
pads).
EXTRACTOR : Any individual, partnership, association or corporation which extracts
COMMERCIAL MINERAL DEPOSITS for USE in the business of selling such deposits or for
useUSE in another business owned by the extractorEXTRACTOR or any department or division
of federal, state, county or municipal government which extracts such deposits.
FAMILY-: - No change.
FAMILY CHILD CARE HOME: A facility for child care in a place of residence of a family or
person for the purpose of providing less than twenty -four-hour care for children under the age of
e ighteen (18) years who are not related to the head of such home, as further defined in C.R.S.
Section 26-6-102(13).
Delete FARM, RANCH AND GARDEN BUILDINGS AND USES. Those BUILDINGS and
STRU T-tJ E s t h� er r -ENCLOSE LIVESTOCK, feed, flowers, -field equipment, DAIRY
operations or similar USES; and those USES of land devoted to raising of crops, poultry or
LIVESTOCK.
FARMING: The cultivation of land;; the growing,_ storage, drying, and/or seasonal sale of
crops, slants, flowers, and nursery stock raised on the premises; and ranching and/or the raising
of LIVESTOCK, excluding LIVESTOCK CONFINEMENT OPERATIONS. FARMING also includes
TEMPORARY storage and sorting of in -transit crops, plants, flowers, and nursery stock not raised
or for sale on the premises. See also AGRICULTURAL PRODUCTION.
FARMLAND - U.S. DEPARTMENT OF AGRICULTURE, SOIL CONSERVATION
SERVICES: The availability of a consistent supply of clean water must exist in order to have prime
FARMLAND. Prime FARMLAND is land that has the best combination of physical and chemical
characteristics for producing food, feed, forage, fiber and oilseed crops, and is also available for
these USES (the land could be cropland, pastureland, rangeland, forest land or other land, but
n ot urban build-up land or water). It has the soil quality, growing season and moisture supply
n eeded 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 floodingFLOOOIN' . (U.S. Department of Agriculture, Soil Conservation Services
[Special Series 17], January 1980; additional supplements.)
FARMLAND - WELD COUNTY NONPRIME : - No change.
FARMLAND - WELD COUNTY PRIME-: - No change.
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FILL: As defined in Section 23-11-310 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-: - No change.
FLAG: Any fabric, banner or bunting containing distinctive colors, patterns or symbol of the
United States, the State, the County, foreign nations having diplomatic relations with the United
States and any other FLAG adopted or sanctioned by an elected legislative body of competent
jurisdiction. These FLAGS shall be flown in accordance with protocol established by the Congress
of the United States for the Stars and Stripes. Any FLAG not meeting any one (1) or more of these
conditions shall be considered a BANNER SIGN and shall be subject to regulation as such.
FLOATABLE MATERIALS: Any material that is not secured in place that could float offsite
during the occurrence of a FLOOD and potentially cause harm to downstream property owners
or that could cause blockage of a culvert, bridge or other drainage facility. FLOATABLE
MATERIALS include, but are not limited to, lumber, vehicles, boats, equipment, drums or other
containers or pieces of material that are likely to float.
Delete FLOOD. : As defined in Section 23 11 310 of this Code.
FLOOD or FLOODING: A general and temporary condition of partial or complete inundation
of normally dry land areas from:
a. The overflow of water from CHANNELS and reservoir spillways; and/or
b. The unusual and rapid accumulation or runoff of surface waters from any source.
FLOOD BOUNDARY AND FLOODWAY MAP (FBFM): The official map on which FEMA has
delineated SPECIAL FLOOD HAZARD AREAS, FLOODWAYS and the risk premium zones
applicable to the COUNTY.
FLOOD INSURANCE RATE MAP (FIRM): The official map on which FEMA has delineated
both the SPECIAL FLOOD HAZARD AREAS and the risk premium zones applicable to the
COUNTY.
FLOOD INSURANCE STUDY (FISH: The official report provided by FEMA that includes
i
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 s Dillway
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 recuired 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.
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FLOODPLAIN MANAGEMENT ORDINANCE (ORDINANCE): Ordinance enacted by the
Board of Weld County Commissioners pursuant to Title 29, Article 20 and Title 30, Article 28,
C.R.S., for the purpose of FLOOD damage prevention and reduction.
FLOODPROOF or FLOODPROOFING: Any combination of structural and nonstructural
designs, changes or adjustments to STRUCTURES, with the exception of steel rings surrounding
oil and gas storage vessels, which reduce or eliminate FLOOD damage to real estate, improved
real property, water and sanitary sewer facilities, and STRUCTURES and their contents.
FLOODWAY (REGULATORY FLOODWAY): The CHANNEL of a river or other
WATERCOURSE and the ADJACENT land areas that must be reserved in order to discharge the
BASE FLOOD without cumulatively increasing the WATER SURFACE ELEVATION more than a
designated height. The statewide standard for the designated height to be used for all newly
studied reaches shall be one-half (1/2) foot (six [€1 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
processingPROCESSING 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
flowlineFLOWLINE does not include a gathering line. The different types of flowlinos FLOWLINES
are:
Wellhead Line: means aA FLOWLINE that transfers well production fluids from an oil or gas
well to process equipment (e.g., separator, production separator, tank, heater treater), not
including preconditioning equipment such as sand traps and line heaters, which do not
materially reduce line pressure.
Production Piping: means aA segment of pipe that transfers well production fluids from a
wellhead line or production equipment to a gathering line or storage vessel and includes the
following:
Production Line: m - nc fl w neA FLOWLINE connecting a separator to a meter, LACT,
or gathering line;
Dump Line: means a flowlineA FLOWLINE that transfers produced water, crude oil, or
condensate to a storage tank, pit, or process vessel and operates at or near atmospheric
pressure at the fl owl i n e's outlet;
Manifold Piping: moans a flowlinoA FLOWLINE that transfers fluids into a piece of
production facility equipment from lines that have been joined together to comingle fluids;
and
Process Piping: means aAll 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: means a flowlineA FLOWLINE transferring produced fluids (crude oil,
natural gas, condensate, or produced water) from an oil and gas location OIL AND GAS
LOCATION to a production facility, injection facility, pit, or discharge point that is not on the
same oil and gas locationOIL AND GAS LOCATION. This definition also includes
flowlinesFLOWLINES connecting to gas compressors or gas plants.
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Peripheral Piping: means a flowlineA FLOWLINE that transfers fluids such as fuel gas, lift gas,
instrument gas, or power fluids between oil and gas fac-i-l-i-tiesOlL AND GAS FACILITIES for
lease use.
Produced Water Flowline: means a flowlineA FLOWLINE on the oil and gas locationOlL AND
GAS LOCATION used to transfer produced water for treatment, storage, discharge, injection
or reuse for oil and gas operations. A segment of pipe transferring only freshwater is not a
f -1 -owl in-eFLOW Ll NE.
FOSTER CARE HOME-: A facilityhome certified by the County or a child placement agency
for child care in the residence of a person or fa yFAMILY for the purpose of providing twenty-
four -hour care for one (1) or more children under the age of twenty-one (21), as further defined in
C.R.S. Section 26-6-102(13), and includes who -may -or -may -Rot _ be related -to -the -head of _ the
household. Medicalkinship kinsh ip foster care homes, as defined by C.R.S. Section 26-2-102(21).a
C.R.S., are included in this definition.
FREESTANDING SIGN: Any SIGN supported by STRUCTURES or supports that are placed
on, or anchored in, the ground and that are independent from any BUILDING or other
STRUCTURE. Does not include BILLBOARDS or OFF -SITE DIRECTIONAL SIGNS.
FUNERAL HOME-: - N.o change.
GARDENING: The cultivation of plants without the use of tractors or other heavy machinery,
including PUBLIC or private community gardens.
GEOLOGIC HAZARD-: A geologic phenomenon which is so adverse to past, current or
foreseeable construction or land USE as -to -constitute a significant -hazard to public af+ any+
safety or to property. The term includes, but is not limited to: unstable or potentially unstable
slopes, seismic effects, radio activity and GROUND SUBSIDENCE. The hazard posed to human
life or property by GROUND SUBSIDENCE and/or seismic activity.
GEOLOGIC HAZARD AREA-: An area which contains or is directly affected by a GEOLOGIC
HAZARD. located over a bedrock fault or coal mine, as designated by the U.S. Geological Survey
on the map titled Extent of Abandoned Coal -Mine Workings and Locations of Mine Shafts, Adits,
Air Shafts, and Faults, as amended. [Available online at https://pubs.usgs.gov/imap/i-2736/i-
2736.pdf.1
GREELEY-WELD COUNTY AIRPORT: The AIRPORT located in Sections 2 and 3, T5N, and
Sections 26 and 35, T6N, R66W of the 6th P.M., Weld County, Colorado.
GROSS FLOOR AREA-: The sum total of the floor area of each horizontal level of a
BUILDING, including habitable penthouses and attic space, but not including vent shafts, courts
or uninhabitable areas below ground level or in attics.
GROUND SUBSIDENCE-: - No change.
GROUP HOME FACILITY-: A DWELLING UNITfacility which is licensed by the State, and/or
authorized or regulated by either the state or federal government or both, and which provides
non -institutionalized housing for a group of persons living as a single housekeeping unit, as
determined by reference to C.R.S. Sections 30 -28 -11534 -23 -3 -01 -an -d-34-23-3-03, C.R.S. A
GROUP HOME FACILITY shall be for one (1) of the following groups:
a. A group of no more than eight (8) handicapped persons living in a state -licensed group
home -or -I n -d -e pen dent _ living center, as i n d oti -,—. ,
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b. A group of no more than eight (8) persons with intellectual and developmental disabilities
in a state -licensed group home, as referred to in C.R.S. - e -Section l- 02 and
30-28-115(2)(a), C.R.S. ) living in a state licensed group home or community residential
home;
do. A group of not more than eight (8) persons with abehavioral and mental illnesshealth
disorders living in a state -licensed group home, as specified and limited byreferred to in
C.R.S. Section 30-28-115(2)(b.5), and not located within seven hundred fifty (750) feet
of another GROUP HOME FACILITYC.R.S., living in a state licensed group home; or
dc. A group of not more than eight (8) persons, sixty (60) years of age or older, who do not
need nursing facilities, as referred to in C.R.S. Section 30-28-115(2)(b), and not located
within seven hundred fifty (750) feet of another such GROUP HOME FACILITY.
Group homes that do not meet the conditions listed above, or which are proposed to be
located within seven hundred fifty (750) feet of an existing GROUP HOME FACILITY or
RESIDENTIAL THERAPEUTIC CENTER, shall be considered RESIDENTIAL THERAPEUTIC
CENTERS for the purposes of this Code.
HAZARD TO AIR NAVIGATION: An obstruction determined to have a substantial adverse
effect on the safe and efficient utilization of the navigable airspace.
Delete HAZARD AREA. : Any area governed by the GEOLOGIC HAZARD Overlay District
regulations where a natural or man-made condition presents a potentially significant harm to
publa -h-ea It h, safe-taw-lf are or pro pert
HEAVY MANUFACTURING - PROCESSING-: The manufacture afor compounding process
Graf raw materials. These activities or processes would necessitate the storage of large volumes
of highly flammable, toxic materials or explosive materials needed for the manufacturing process.
These activities may involve outdoor operations as part of the manufacturing process, i.e., Ethanol
Plant. Examples include ethanol, synthetic fertilizer, and tire manufacturing plants.
HEIGHT (This definition applies only when used in the A -P AIRPORT Overlay -District: For
the purpose of determining the HEIGHT limits in all GREELEY-WELD COUNTY AIRPORT
zonessurfaces set forth in this Section Division 1 of Article V of this Chapterand shown on the
zoning map, 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.
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HISTORIC TOWNSITE:HISTORIC TOWNSITE: A group of LOTS, tracts, or parcels of land
created by recording a plat or map which shows the boundaries of such lots, tracts, or parcels
and the original parcel from which they were created, recorded prior to September 20, 1961.
HISTORIC TOWNSITE includes all property within such plat or map, whether or not amended or
resubdivided by subsequent plat or map, except for any property removed from said plat or map
with approval by the Board of County Commissioners.
HOME BUSINESS: Act USE incidental USE to the principal permitted USE for gainful
employment of the FAMILY residing on the property, where:
a. and b. — No change.
A HOME BUSINESS shall not be interpreted to -include the following: clinic, HOSPITAL,
nursing home, animal hospital, HOTEL/MOTEL, RESTAURANT, mortuaryFUNERAL HOME, or
organized classes where more than six (6) persons meet together for instruction on a regular
basis (does not include classes sponsored by a PUBLIC SCHOOL).
HOME OCCUPATION: A USE incidental to the principal permitted USE for gainful
employment of the FAMILY residing on the property, where the HOME OCCUPATION complies
with the requirements of Section 23-4-990. A HOME OCCUPATION shall not include the
following: clinic, HOSPITAL, nursing home, animal hospital, HOTEL/MOTEL, RESTAURANT,
FUNERAL HOME, vehicle or boat repair (including painting) or organized classes where more
than six (6) persons meet together for instruction on a regular basis (does not include classes
sponsored by a PUBLIC SCHOOL). Examples of CLASS I HOME OCCUPATIONS include, but
are not limited to, home offices (no customers), cake decoration, and internet sales. A FAMILY
CHILD CARE HOME shall also be considered a CLASS I HOME OCCUPATION. Examples of
CLASS II HOME OCCUPATIONS include, but are not limited to, hair salons, MASSAGE
PARLORS, welding shops, and tax preparation offices with customers.An incidental use of a
DWELLING UNIT for gainful employment of the resident therein, where:
a. Whether a CLASS I or CLASS II, a HOME OCCUPATION may utilize up to fifty percent
(50%) -of a --DWELLING UNIT a Rd/or i n-ACCE-S-S , B U I L -D -I -N -G -S wl[t h a p p -r +4-te b u Edda n
permits.
b. Such USE is clearly incidental and secondary to the USE of the dwelling for dwelling
purposes and --hall not change the -character thereof.
c. Hours of operation for public access shall be limited between 7:00 a.m. and 7:00 p.m.
d. There is no exterior storage, display or sales of materials, goods, supplies or equipment
related to the operation of such HOME OCCUPATION, nor of any highly explosive or combustible
materials.
e _
the adjacent property owners, such as little or no offensive noise, vibration, smoke, dust, odors,
lighting, traffic congestion, trash accumulation, heat, glare or electrical interference, or other
hazard or nuisance noticeable off the LOT.
f. HOME OCCUPATIONS shall maintain compliance with Health, Building and all other
applicable local, state and federal regulations.
Or-d-i n a ri ly a-HOM E G!! PATI-O-N hall -not be interpreted _ to i-n-crude-the fol lowi n I+
HOSPITAL, nursing home, animal hospital, HOTEL/MOTEL, RESTAURANT, mortuary, 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).
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HOME OCCUPATION - CLASS I: A HOME OCCUPATION - CLASS I shall be conducted
solely by the inhabitants of tI-y-vv+ h- atl criteria called out in the
HOME OCCUPATION definition above. The site shall not be accessible by the public. Signage:
May consist of a maximum of one (1) nonilluminated sign no more than one (1) square foot in size
which must be attached to the face of the DWELLING UNIT. Ordinarily, a HOME OCCUPATION
- CLASS sha induce simi ar uses to come office (no customers), ca<e cecoration and Internet
sales, etc. A day care home (eight [8] or fewer children under the age of sixteen [16]) shall be
considered a CLASS I HOME OCCUPATION.
HOME OCCUPATION - CLASS II: A HOME OCCUPATION - CLASS II shall be conducted
by -the i n -ba-tang--of th-e-D -E—L L I -N - U-N-I-Tpl us -u-p to two-( -e -tern-a ke m-plo- e es and- ►mp ritil
all criteria called out in the HOME OCCUPATION definition above. Two (2) associated
COMMERCIAL VEHICLES can be included under -this -application. There shall onl--bbe-i-ncidentaL
sales of stocks, supplies or products conducted on the premises. Signage: May consist of a
attached to the face of the DWELLING UNIT. Does not produce traffic volumes exceeding that
produced by the DWELLING UNIT by more than sixteen (16) average daily trips, provided
adequate off-street parking is provided. Pin-d#-hat one (1) vehicle produces two
(2) trips, one 01) when arriving and one (1) when leaving. Therefore, an average of only eight (8)
cars can come to the property per day. Trips include those produced ---b residents f -or any
purpose related to conducting the business, the two (2) employees, clients, deliveries related to
the business, etc. Ordinarily, a HOME OCCUPATION - CLASS II shall include uses similar to hair
salon, MASSAGE PARLOR, welding shop, tax preparation with customers, etc., provided it meets
the criteria set forth.
HORIZONTAL SURFACE: A horizontal plane one hundred fifty (150) feet above the
established AIRPORT ELEVATION, the perimeter of which in plan coincides with the perimeter
of the HORIZONTAL ZONE (four thousand eight hundred forty r4,8401 feet above MEAN SEA
LEVEL).
HORIZONTAL ZONE: The area described as HORIZONTAL ZONE in Section 23-5-20.
HOSPITAL: - N.o change.
HOTEL/MOTEL: - No change.
HOUSEHOLD PETS: - No change.
HUNTING: - No change.
HUNTING LODGE: Lodging accommodations for short-term quests where the primary
attraction is HUNTING.
IDENTIFICATION SIGN: A SIGN that only contains the address and name of the occupant.
INCIDENTAL SIGN: A SIGN, generally informational, that has a purpose secondary to the
USE of the ZONE LOT on which it is located, such as "no parking," "entrance," "loading only,"
"telephone" and other similar directives. No SIGN with a COMMERCIAL MESSAGE legible from
a position off the ZONE LOT on which the SIGN is located shall be considered an INCIDENTAL
SIGN.
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Delete INSTRUMENT RUNWAY. : The East-West Runway, No. 9-27, equipped, or to be
equipped, wit -h a precision electronic navigation -aid, landing aid -or other air navigation facilities
suitable to permit the landing of aircraft by an instrument approach under restricted visibility
conditions and described as follows: A tract of land in Sections 2 and 3, TSN, and Sections 35
and 26, T6N, R65W, of the 6th P.M., situated in Weld County, Colorado, or more particularly
described as follows: Beginning at the intersection of State Highway 263, Darling Ranch Road,
thence North 74O12' west a distance of six thousand two hundred (6,200) feet is the centerline of
the INSTRUMENT RUNWAY, which extends fifty (50) feet on each side of said centerline.
JUNK: - No change.
KENNEL: Any► place where five (5) or more HOUSEHOLD PETS of one (1) species, or a total
of eight (8) or more HOUSEHOLD PETS of two (2) or more species, are kept or maintained, with
the following exceptions:other than a PET SHOP or veterinary clinic or HOSPITAL, where five (5)
or -mare -HOUSEHOLD PETS of one-(-1-)--species, or a total of eight48)-o-r-more-h-o-u -hol-d pets of
two (2) or more species, are kept or maintained. Property that is zoned A (Agricultural) and not
part of a platted subdivision or unincorporated town and which is larger than ten (10) acres shall
be permitted to keep or maintain the following without being considered a KENNEL: eight (8)
HOUSEHOLD PETS of one (1) species, or sixteen (16) HOUSEHOLD PETS of two (2) or more
species and, in addition, no more than thirty (30) birds, as long as the landowner or occupant
A -n -a -m -2I Industry -Division -and -is ft -good sta n -d i n g--with-su- Division.
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.
a Animal hospitals.
LANDSCAPE-: Includes any combination of living plants, such as trees, shrubs, vines, ground
covers, flowers or turf, and may include natural features such as rock, stone and bark, and
architectural features including, but not limited to,fountains, reflecting pools, art works, screen
walls, fences, STREET/ROAD furniture, walks, decks and ornamental concrete or stonework.
Delete LANDSCAPE MAINTENANCE. : The regular irrigation, weeding, fertilization,
mowing, trash cleanup and pruning of all LANDSCAPE, the treatment or repair of all diseased,
insect ridden, broken or vandalized LANDSCAPE, and the replacement of dead or irreparable
LANDSCAPE in substantially similar kind.
LANDSCAPING COMPANIES: Businesses principally engaged in the sale and/or installation
of LANDSCAPE materials.
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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 (12,800) 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 use(s)USE(S) on site. Large Scale Solar Facilities are permitted in all zones through
permits issued pursuant to the procedures found in Chapter 21 of this Code.
LEGAL LOT: As used in this Chapter, the term LEGAL LOT shall refer to any of the following:
a. A LOT within a HISTORIC TOWNSITE.
b. A LOT created prior to September 20, 1961.
c. A LOT created between September 20, 1961, and December 10, 1992, in compliance with
the Official Subdivision Regulations, Weld County, Colorado, as amended (referred to as
the "Weld County Subdivision Regulations"), and in conformance with the bulk
requirements and other regulations of the zone district where the LOT is located.
d. A LOT created between December 10, 1992, and December 18, 2000, in compliance with
the Weld County Subdivision Ordinance, Ordinance No. 173, as amended, and in
conformance with the bulk requirements and other regulations of the zone district where
the LOT is located.
e. Any LOT created after December 18, 2000, in compliance with Chapter 24 of the Weld
County Code, and in conformance with the bulk requirements and other regulations of the
zone district where the LOT is located.
A LEGAL LOT may not necessarily be a BUILDABLE LOT.
b. Any parcel created subsequent to the adoption of the ordinance codified herein, which:
1) Meets the minimum area and similar requirements specified by this Chapter and
which was created in conformance with Chapter 24 of this Code.
2) For parcels in the A (Agricultural) Zone District, meets the minimum area and similar
requirements specified by this Chapter or which was created in conformance with
Chapter 24 of this Code.
3) For which a Use by Special Review has been approved in conformance with this
Chapter and for which any required documents have been recorded with the County
Clerk and Recorder.
/1) Be approved in conformance with Section 23-8-10 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.
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LETTER OF MAP REVISION (LOMB): A letter from FEMA officially revising the effective
FEMA maps and showing changes in FLOOD zones, delineations and elevations.
LETTER OF MAP REVISION BASED ON FILL (LOMR-F): FEMA's modification of the
FLOODPLAIN shown on the FIRM based on the placement of FILL outside of the existing
regulatory FLOODWAY.
LEVEE: A man-made STRUCTURE, usually an earthen embankment, designed and
constructed in accordance with sound engineering practices to contain, control or divert the flow
of water so as to provide protection from temporary FLOODING.
LEVEE SYSTEM: A FLOOD protection system which consists of a LEVEE or LEVEES and
associated STRUCTURES, such as closure and drainage devices, which are constructed and
operated in accordance with sound engineering practices.
LIVESTOCK: - No change.
LIVESTOCK CONFINEMENT OPERATION (L.C.O.): A place of confinement for
LIVESTOCK, corralled, penned or otherwise caused to remain in pens or corrals, where feeding
is other than grazing, Grand where the capacity at any one (1) time is greater than permitted in
the bulk requirements for the zoning district in which it is located. For example, aAn L.C.O. may
include DAIRIES, feedlots and poultry and swine production facilities.
LIVING UNIT: - No change.
LOT: A contiguous tract or parcel of land in unified ownership, with defined boundaries,
described by metes and bounds, by reference to aliquot parts of a section or sections, or by
reference to a land survey plat recorded in the Office of the Weld County Clerk and Recorder. A
LOT constitutes the basic unit of DEVELOPMENT. The basic DEVELOPMENT unit, an area with
USES, STRUCTURES and/or BUILDINGS. A Lot shall not be divided by any public highway,
STREET or ALLEY. A LOT must meet the requirements of the zoning district in which it is located
and -must have access t U—EUC-STREET or -an approved private STREET. The determinate -o -n
as to the property included in a LOT shall be made by the Department of Planning Services.
LOT COVERAGE: The maximum Dercentage of a LOT'S total area that may be covered with
BUILDINGS and impervious surfaces.
LOWEST FLOOR: The LOWEST FLOOR of the lowest enclosed area, including any
crawlspace or BASEMENT. Any floor used for living purposes which includes working, storage,
sleeping, cooking, and eating or recreation, or any combination thereof. This includes any floor
that could be converted to such a use, such as a BASEMENT or crawlspace. Any unfinished or
FLOOD -resistant enclosure, usable solely for parking of vehicles, BUILDING access or storage
in an area other than a BASEMENT area, is not considered a BUILDING'S LOWEST FLOOR;
provided that such enclosure is not built so as to render the STRUCTURE in violation of the
applicable non -elevation requirement of 44 CFR 60.3.
Delete LOW GROUND SUBSIDENCE HAZARD AREA. : areas in _ which _ the -rate and
magnitude of any surface displacement would be small enough to warrant repair of damage to
existing STRUCTURES and application of adequate engineering design to future STRUCTURES
so they can withstand small amounts of foundation displacement. These are areas below which
all or essentially all pillars have been removed, allowing the possibility of relatively uniform and
complete subsidence to have occurred. Problems in such areas should be reduced to post
subsidence compaction and related surface settling, and to small-scale effects of subsurface
shifting resu1+g- rom-a-ny small -residual or secondary void&
i
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LUMBERYARD/WOODWORKING: An establishment where BUILDING materials are sold.
LUMBERYARDS may also process lumber by performing millwork, planing, cutting, and the like,
and manufacture wood products such as furniture. LUMBERYARD does not include general
home improvement stores.
MAJOR FACILITIES OF A PUBLIC UTILITY OR PUBLIC AGENCY: Public
UtilitiesPUBLIC utilities or Public APUBLIC agencies operating or constructing a mine, ELECTRIC
TRANSMISSION LINES, domestic waterDOMESTIC WATER storage facilities, POWER
PLANTS, SUBSTATIONS, SEWAGE TREATMENT FACI LITI ESwastewater treatment facilities,
water treatment facilities, including extensions, expansions or enlargements thereof; STORAGE
AREAS of utilities providing electricity, water, and wastewater service, including extension,
expansions or enlargements thereof.
Delete MAJOR THOROUGHFARE. : A road or STREET designed, constructed and used as
an _ ARTERIAL-- TREET, EXPRESSWAY or —FREE —WAY, or as a frontage road serving —an
ARTERIAL STREET, EXPRESSWAY or FREEWAY.
MANUFACTURED HOME: A single-family dwelling which: is partially or entirely
manu-factu-red--i-n-factory; is not less than twenty-four (24) feet iii-d-th d _ th1rt -s-ix-+ feet in
length; is installed on an engineered permanent foundation in compliance with ANSI A225.1 1987,
Manufactured Home Installations, Appendix C; has brick, wood or cosmetically equivalent exterior
siding and a pitched roof; and is certified pursuant to the National Manufactured Housing
Construction and Safety Standards Act of 1974, 42 U.S.C. 5401, et seq., as amended. A
MANUFACTURED (MOBILE) HOME shall not be allowed to deteriorate to the condition of a
DERELICT MANUFACTURED (MOBILE) HOME. A SINGLE-FAMILY DWELLING that is a
preconstructed building unit or combination of building units that:
a. Includes electrical, mechanical, or plumbing services that are fabricated, formed, or
assembled at a location other than the residential site of the completed home;
b. Is designed and USED for single-family residential occupancy in either TEMPORARY or
permanent locations;
c. Is constructed in compliance with the "National Manufactured Housing Construction and
Safety Standards Act of 1974", 42 U.S.C. sec. 5401 et seq., as amended;
d. Does not have motive power; and
e. Is not licensed as a vehicle.
MANUFACTURED HOME PARK OR SUBDIVISION: A parcel or contiguous parcels of land
divided into two (2! or more MANUFACTURED HOME LOTS for rent or sale.
MANUFACTURED STRUCTURE: Any factory -assembled STRUCTURE with or without
service connections that is not a DWELLING UNIT..
MASSAGE PARLOR: - No change.
MASTER PLAN: - No change.
MEAN SEA LEVEL: For purposes of this Chapter, the National Geodetic Vertical Datum
NGVD) of 1929, North American Vertical Datum (NAVD) of 1988 or other datum to which BASE
FLOOD ELEVATIONS shown on the COUNTY'S FLOOD INSURANCE RATE MAP are
referenced.
MEAT PROCESSING: Slaughtering, butchering, and/or rendering of animals.
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MEAT PROCESSING, CUSTOM: The slaughtering and butchering of animals in a single
BUILDING not larger than 5,000 square feet of GROSS FLOOR AREA.
MEDIUM SCALE SOLAR FACILITY: A facility which is used for the production of electrical
energy from energy collected by the sun including solar energy collectors, power generation
facilities, facilities for storing and transforming energy, other appurtenant facilities and any
transmission lines under one hundred fifteen kilovolts (115 kV), which is developed for the
purpose of supplying or distributing electrical energy to users, a customer or customers and is
located on twenty (20) acres or more. This designation shall not include roof and/or ground
mounted solar systems located on permitted principaIPRINCIPAL and accessory
butId-i-n-gsACCESSORY BUILDINGS and designed to supply power to the principle use(s)USE(S)
on site.
MINING-: - No change.
Delete MOBILE HOME. : A transportable STRUCTURE which as originally built exceeds
was originally designed to be used as a year-round DWELLING UNIT with or without a permanent
f-o-u-n-dation ! G!-E-FAM I-LY--DWE ! - N —G which is certified —pursuant i-ed—pursuant to the "National
Manufactured Housing Construction and Safety Standards Act of 1974," 42 U.S.C. 5401, et seq.,
as amended, but does not meet all of the other provisions of the definition of MANUFACTURED
HOME, is considered to be a MOBILE HOME. A MOBILE HOME or MANUFACTURED HOME
shall not be converted to any USE other than a SINGLE-FAMILY DWELLING and shall not be
allowed to deteriorate to the condition of a DERELICT MOBILE HOME. A MOBILE HOME or
manufactured home, converted or in its original condition, shall not be used as an
AGRICU LTURALL-Y-EXEMPT-B-UIL-DI G or -as ---a _ TEMPORARY STRUCTURE for storage -
Delete MOBILE HOME PAD. : The concrete base, footing or blocking which is set on or in
level soil to provide support for the placement of a MOBILE HOME. This base, footing or blocking
separate concrete -blocks or -a -single. one ete ab as described in Su b actions
29 2 120.A through E of this Code.
Delete MOBILE HOME PARK. : An area under single ownership or control designed primarily
for the -rental of portions of the area as spaces for-occupiedLMO BI -L E H -MES
Delete MOBILE HOME SUBDIVISION. : An area platted-i-nto--LOT-S-a- o -r -to adopted
COUNTY standards and procedures and designed primarily for the sale of such LOTS to
individuals as permanent sites for MOBILE HOMES.
Delete MODERATE GROUND SUBSIDENCE HAZARD AREA. : Areas subject to
MODERATE SUBSIDENCE are defined by potential surface disruption of sufficient magnitude to
damage STRUCTURES to such an extent as to render them unsafe or unusable. The rate of such
disruption, however, is slow enough to allow time for recognition of the problem and safe, orderly
abandonment of surface STRUCTURES. These areas are characterized by previous
SUBSIDENCE over uncle re —pillars —we -re —left. This condition produces _ the
potential for further small-scale collapse and differential settlement.
NEIGHBORHOOD-: - No change.
NEW CONSTRUCTION: STRUCTURES for which the START OF CONSTRUCTION
commenced on or after August 25, 1981, and includes any subsequent improvements to such
STRUCTURES.
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NEW MANUFACTURED HOME PARK OR SUBDIVISION: A MANUFACTURED HOME
PARK OR SUBDIVISION for which the construction of facilities for servicing the LOTS on which
the MANUFACTURED HOMES are to be affixed (including, at a minimum, the installation of
utilities, the construction of STREETS/ROADS and either final site grading or the pouring of
concrete pads) is completed on or after August 25, 1981.
NIGHTCLUB, BAR, LOUNGE OR TAVERN: - No change.
NONCOMMERCIAL JUNKYARD—: An area where any waste, junkJUNK or used or
secondhand materials are stored or handled, including but not limited to scrap iron and other
metals, paper, rags, rubber tires, building materials and bottles. A NONCOMMERCIAL
JUNKYARD may also include the storage or keeping of DERELICT VEHICLES registered last or
currently registered under the property owner and/or tenant's name. This definition does not
include COMMERCIAL VEHICLES. If the Zone district allows, the NONCOMMERCIAL
JUNKYARD shall be totally ENCLOSED within a BUILDING or STRUCTURE or visually
SCREENED from all ADJACENT properties and public rights-of-wayPUBLIC RIGHTS -OF -WAY.
NONCOMMERCIAL TOWER-: - No change.
NONCONFORMING SIGN: A SIGN that does not conform to a provision or requirement of
this Division, but which was lawfully established prior to the time of its applicability.
NONCONFORMING STRUCTURE: A STRUCTURE that does not conform to a provision or
requirement of this Chapter, but was lawfully established prior to the time of its initial applicability.
NONCONFORMING USE OR STRUCTURE : A USE or STRUCTURE that does not conform
to a provision or requirement of this Chapter, but was lawfully established prior to the time of its
initial applicability.
Delete NONINSTRUMENT RUNWAY. : runways that are not equipped with electronic
navigation equipment. The NONINSTRUMENT RUNWAYS are the crosswind RUNWAY
(RUNWAY 17-25) and the parallel practice RUNWAY (RUNWAY 3-21).
NON -URBANIZING: - No change.
Delete NONURBAN SCALE DEVELOPMENT. : Developments comprised of nine (9) or
fewer residential lots, located in a nonurban area as defined in Chapter 22 of this Code, not
adjacent to other PUDs, subdivisions, municipal boundaries or urban growth corridors.
NONU� ! S -A L E DEVE LO PM -TN -T I I also i n-clu d e lan-d-ussd-or--c apa blo-of _ b-e-i--n-g---used for
agricultural purposes and including development which combines clustered residential uses and
agricultural uses in a manner that the agricultural lands are suitable for farming and ranching
operations for the next forty (40) years. NONURBAN SCALE DEVELOPMENT on PUBLIC
WATER and septic systems may have a minimum lot size of one (1) acre and an overall density
of two and one half (2%) acres per septic system. NONURBAN SCALE DEVELOPMENT
proposing individual, private wells and septic systems shall have a minimum lot size of two and
one-half (2%) acres per lot. This definition does not affect or apply to those Coordinated Planning
Agreements between the County and municipalities which are in effect as of May 14, 2001.
NO -RISE CERTIFICATION: A record of the results of an engineering analysis conducted to
determine whether a project will increase FLOOD heights in a FLOODWAY. A NO -RISE
CERTIFICATION shall be supported by technical data and signed by a registered Colorado
professional engineer. The supporting technical data should be based on the computer program
model used to develop the 100 -year FLOODWAY shown on the FIRM or FBFM.
NOXIOUS WEEDS-: - No change.
NUDE, STATE OF NUDITY-: - No change.
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OBSTRUCTION: Any STRUCTURE, growth or other object, including a mobile object, which
exceeds a limiting HEIGHT set forth in Section 23-5-30.
OFFICE: - No change.
OFFSET-: The horizontal distance between any BUILDING or STRUCTURE, as measured
from the farthest projection of the BUILDING or STRUCTURE, except for window wells, air
conditioners, gutters., -or downspouts, or fences, and a LOT line, other than a STREET/ROAD
right-of-wayRIGHT-OF-WAY line. For the purposes of enforcing OFFSETS ONLY, ALLEYS shall
not be considered STREETS/ROADS.
OFF -SITE DIRECTIONAL: SIGNS situated on premises other than those upon which the
goods, services or functions being advertised are located, and giving guidance as to where, how
distant and the type of goods, services or functions which may be obtained. Such SIGNS shall
relate only to a service or product primarily available for the highway user (such as
RESTAURANTS, lodging, gas, repairs or entertainment) and available within one (1) mile of a
highway exit or in a community through which the highway passes.
OIL AND GAS FACILITY: - No change.
OIL AND GAS LOCATION: Shall mean the definable area(s) where an OPERATORoperator
has disturbed or intends to disturb the land surface in order to locate an OIL AND GAS FACILITY
for the purposes of obtaining a Weld Oil and Gas Location Assessment (WOGLA), pursuant to
Division 10 of the CodeArticle II of this Chapter.
Delete Table 23-1 E. Land Use Process for Siting Oil and Gas Production Facilities
Table 23-1 E
e AP . • • f 1
Zone
C-1
C-2
C-3
PUD
A —
App
UBR
UBR
UBR
UBR
,__
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*
*UBR - Use by Right with a Weld Oil and Gas Location Assessment (WOGLA).
i
i
OIL AND GAS STORAGE FACILITY: - No change.
OIL AND GAS SUPPORT AND SERVICE-: Location and operation bases for businesses
whose primary activity includes the following kinds of USES:
a. — No change.
b. Equipment and storage yards for roadSTREETIROAD and pipeline construction
contractors, and production unit set-up and maintenance contractors.
c. thru f. — No change.
g. Oil and gas processingPROCESS I NG facilities and related equipment, including, but not
limited to, compressors associated with gas processi ngPROCESS I NG or which compress
gas to enter a pipeline for transport to market.
h. Midstream activities including the processingPROCESSING, storing, transporting and
marketing of oil, natural gas and natural gas liquids.
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OPERATOR: - No change.
ORGANIC FERTILIZER PRODUCTION/COMPOSTING FACILITY: Facilities where animal
manure and other biodegradable materials are brought from other properties for composting. This
definition shall not include composting of materials produced solely on -site and meeting
exemptions from Class I, II, Ill compost facilities defined under the Solid Waste Regulations.
OUTDOOR STORAGE : The outdoor placement or leaving of goods for future use,
preservation or disposal, or the renting of space for storage of RECREATIONAL VEHICLES,
boats, and camper trailers. and associated with land USES such as the sales, rental, distribution
or wholesale sale of products, supplies and/or equipment.
OUTLOT: A LOT shown on a land survey plat recorded in the Office of the Weld County Clerk
and Recorder that is described or referred to on the plat as "OUTLOT," and may be limited to
certain USES described on the plat. OUTLOTS are not eligible for the issuance of building permits
to construct residential STRUCTURES or STRUCTURES not otherwise authorized on the plat.
OVERLAY ZONING DISTRICT: A zoning district superimposed over the UNDERLYING
ZONING DISTRICT which places further restrictions upon land USES. These restrictions are
intended to protect the public health, safety and welfare from man-made and natural disasters
such as airplane accidents and GEOLOGIC HAZARDS. DEVELOPMENTS within the OVERLAY
ZONING DISTRICT shall conform to the requirements of both zonesthe OVERLAY ZONING
DISTRICT(S) and the UNDERLYING ZONING DISTRICT.
ei PARKING LOT: An area usedUSED for the _ of TEMPORARY,temporary purpose aorar daily
p Y
or overnight storage of vehicles, including drive aisles between the parking spaces, which is not
located in a dedicated public right-of-wayPUBLIC RIGHT-OF-WAY, a travel lane, a service drive
or any easement for PUBLIC ingress or egress.
PENNANT: Any lightweight plastic, fabric or other material, whether or not containing a
message of any kind, suspended from a rope, wire or string, usually in series, designed to move
in the wind.
PETROLEUM REFINERY: - No change.
PET CREMATORY: A business or nonprofit agency engaging in the incineration of deceased
HOUSEHOLD PETS.
PET SHOP: - No change.
PHYSICAL MAP REVISION (PMR): An official revision to currently effective FEMA maps.
PMRs are issued by FEMA and document changes to FLOOD zones, delineations and elevations.
PMRs generally cover more than one (1) FIRM panel.
PIPELINE - DOMESTIC WATER: Any PIPELINEpipeline sixteen (16) inches in diameter or
larger and appurtenant components thereof (such as valves or pump stations) designed for
transporting DOMESTIC WATER in such PIPELINEpipeline and extending to locations outside of
Weld County, excluding:
a PIPELINESPipelines that transport or will transport DOMESTIC WATER to one (1) or
more municipalities, the boundaries or populations of which were, on September 1, 2016,
located primarily within the COUNTY.
b PIPELINESPipelines owned or to be owned by one (1) or more municipalities, the
boundaries or populations of which were, on September 1, 2016, located primarily within
the COUNTY, which transport or will transport DOMESTIC WATER for use in an adjacent
county consistent with individual water tap or other agreements.
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i
c. PIPELINESPipelines 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.
P IPELINE - NATURAL GAS: - No change.
PIPELINE - PETROLEUM PRODUCTS OTHER THAN NATURAL GAS: - No change.
PORTABLE SIGN: Any SIGN not permanently attached to the ground or other permanent
STRUCTURE, or a SIGN designed to be transported, including but not limited to SIGNS designed
to be transported by means of wheels; SIGNS converted to A- or T -frames; menu and sandwich -
board SIGNS; balloons used as SIGNS; umbrellas used for advertising; and SIGNS attached to
or painted on vehicles parked and visible from the PUBLIC RIGHT-OF-WAY, unless said vehicle
is used regularly and customarily in the normal day-to-day operations of the business.
POWER PLANT: - No change.
PRECISION INSTRUMENT RUNWAY: A RUNWAY having an existing instrument approach
procedure utilizing an Instrument Landing System (ILS). It also means a RUNWAY for which a
precision approach system is planned and is so indicated on an approved airport layout plan or
any other planning document.
PRIMARY SURFACE: A surface longitudinally centered on a RUNWAY extending two
hundred (200) feet beyond each end of that RUNWAY. The elevation of any point on the
PRIMARY SURFACE is the same as the elevation of the nearest point on the RUNWAY
centerline. The width of a PRIMARY SURFACE is:
a. Two hundred fifty (250) feet for VISUAL RUNWAYS.
b. One thousand (19000) feet for PRECISION INSTRUMENT RUNWAYS.
PRINCIPALLY EMPLOYED or PRINCIPALLY ENGAGED: This definition applies to an
employee who is PRINCIPALLY EMPLOYED at or PRINCIPALLY ENGAGED in the employment
activities occurring on the subject property. This subject property shall be under review for a
Zoning Permit for a Mobile HomeMANUFACTURED HOME to be used as an annual
TEMPORARY ACCESSORY Farm useFARMING USE, or for activities and USES as a Use by
Special Review. The USE of the MOBILE HOME shall be substantiated by verification of
employment necessary to the operation of the site where the MOBILE HOME is located. Such
ve ri flea o n —shall consist of _ tax records, amp-I-oym e n ree r nits --or other d im : -ti-e-n—as
determined suitable by the Department of Planning Services. Such verification shall substantiate
the need for the employee and on -site living quarters to the operation of the Agricultural Land
USE
PROCESSING: - No change.
PROJECTING SIGN: Any SIGN affixed perpendicular to, or at an angle to, a BUILDING or
wall in such a manner that its leading edge extends more than six (6) inches beyond the surface
of such BUILDING or wall. Considered a type of BUILDING SIGN.
P UBLIC: - No change.
P UBLIC SEWER: - No change.
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PUBLIC WATER: A central water supply system provided through a municipality, water
district, water company or association for supplying water for household usesUSES which is
designed to meet the minimum requirements of the Safe 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 SLOTS in a residential developmentDEVELOPMENT through a single connected
system of pipes and facilities, and which meets the requirements of Section 24-7-80.B.
PUD (PLANNED UNIT DEVELOPMENT-): A zoning district which includes an area of land,
controlled by one (1) or more landowners, to be developed under unified control or unified plan of
DEVELOPMENT for a number of DWELLING unitsUNITS, COMMERCIAL, educational,
recreational= or industrial, or other USES, or any combination of the foregoing, the plan for which
may not correspond intLOT size, bulk or type of USE, density, LOT coverageCOVERAGE,
open space or other restriction to the existing land use regulations. A PUD is created in
accordance with Chapter 27 of this Code.
Delete QUALIFIED GROUND WATER SCIENTIST_. : A► scientist or engineer who has
received a bacca aureate or cost-grac uate cegree in tie natura sciences or engineering anc las
sufficient training and experience in ground water hydrology and related fields as may be
demonstrated by state registration, professional certifications, professional experience or
completion of accredited university programs that enable that individual to make sound
lion.
RACING FACILITIES: An establishment where animal, motorized vehicle, or bicycle races
are conducted outdoors, including ACCESSORY BUILDINGS or USES, such as spectator
seating, food vendors, and parking, but excluding facilities on PUBLIC SCHOOL property, tracks
exclusively for pedestrians, and facilities not open to the public.
REAL ESTATE PROMOTION SIGN: A TEMPORARY SIGN, located on -premises or off -
premises, that identifies dwellings or other STRUCTURES under construction or to be
constructed. This is a type of TEMPORARY SIGN that can otherwise exceed TEMPORARY SIGN
standards as indicated in Appendix 23-D. On -premises SIGNS advertising SUBDIVISION
construction shall not be displayed after all LOTS or dwellings in the SUBDIVISION have been
sold. Off -premises SIGNS advertising SUBDIVISION construction shall not be displayed prior to
the date of official recording of the SUBDIVISION, and shall be removed within two (2) years from
the date of the issuance of the first building permit in the project or within thirty (30) days from the
time seventy-five (75) percent of the LOTS or dwellings in the SUBDIVISION have been sold,
whichever time period is the least. SIGNS advertising site construction may be displayed during
the period of construction and shall be removed upon issuance of a certificate of occupancy or
final inspection, whichever occurs first.
RECREATIONAL FACILITIES: The following classes of recreational facilities have the
following meanings:
a. and b. — No change.
c.. COMMERCIAL RECREATIONAL FACILITIES: Includes, but is not limited to, bowling
alleys, health spas, swimming pools, tennis courts, miniature golf facilities or lakes
constructed specifically for the purpose of conducting a water skiing commercial
enterprise, and WATER SKIING operated on a commercialCOMMERCIAL basis for USE
by the paying public. COMMERCIAL RECREATIONAL FACILITIES do not include rodeos,
roping arenas, RACING FACILITIES, or SHOOTING RANGES.
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RECREATIONAL VEHICLE: A transportation STRUCTURE or self-propelled vehicle with or
without flexible, removable or collapsible walls and partitions, which is: designed to be used as a
dwelling for travel, recreation or vacation USES.
a. Built on a single chassis;
b. Four hundred (400) square feet or less when measured at the largest horizontal projection;
a Designed to be self-propelled or permanently towable by a light -duty truck; and
d. Not primarily designed for USE as a permanent dwelling but instead as temporary living
quarters for recreational, CAMPING, travel or seasonal USE.
The term RECREATIONAL VEHICLE shall include: motor home, camper bus and travel
trailer, but shall not include pickup trucks with camper shells that do not extend above the
cab of the truck. For the purpose of this Code, a RECREATIONAL VEHICLE shall be subject
to all requirements and restrictions for MOBILE HOMES as provided in this Chapter when its
placement is intended -for nontransient re -side -n- A RECREATIONAL VEHICLE shall not be
usedUSED for TEMPORARY Storage, TEMPORARY ACCESSORY FARMING USE,
TEMPORARY ACCESSORY USE During a Medical Hardship, TEMPORARY ACCESSORY
USE as an OFFICE, or as a Principal DWELLING UNIT.
REFERRAL: A portion of a completes :gip-plioationCOMPLETE APPLICATION given to a
referraIREFERRAL agency for review of a case. The referraIREFERRAL information may contain
only portions or elements of the complete applicationCOMPLETE APPLICATION.
REPAIR SERVICE ESTABLISHMENT - No change.
RESEARCH LABORATORY: - No change.
RESIDENTIAL BUILDING UNIT: - No change.
RESIDENTIAL SIGN: Any SIGN located in a district zoned for residential uses that contains
no commercial message except advertising for goods or services legally offered on the premises
where the SIGN is located, if offering such service at such location conforms with all requirements
of this Code.
RESIDENTIAL THERAPEUTIC CENTER: A DWELLING UNIT which is not specifically
designated as a GROUP HOME FACILITY and which provides a community living environment
for individuals requiring custodial care, medical treatment or specialized social services. This
definition includes any number of people who live together who lack the ability to live
independently, or who have been ordered into the facility by a court of competent jurisdiction, and
who require the support, supervision and care of adults who may not be related. The definition
includes, but is not limited to, the following: specialized group child care home, facility or center;
residential child care facility; residential treatment facility; shelters for the homeless; shelters from
domestic violence; residential facilities for those luring together as a result of criminal offenses;
and homes for individuals that are HIV positive or afflicted with the AIDS Virus. This definition
does not include correctional facilitiesCORRECTIONAL FACILITIES.
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
publioPUBLIC or nonprofit RECREATIONAL FACILITY and for the convenience of patrons of the
facility shall not be deemed to be a RESTAURANT__.
Delete RESTAURANT, DRIVE-IN. : An establishment that furnishes, for compensation, food
and drink of any kind for consumption primarily off the premises or which delivers food and drink
to customers in their vehicles.
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RETAIL/SERVICE ESTABLISHMENT: Includes a variety of businesses engaging in
COMMERCIAL sales, rentals, and services, but excluding ADULT BUSINESS, SERVICE or
ENTERTAINMENT ESTABLISHMENTS, BREW PUBS, CHILD CARE CENTERS,
LUMBERYARDS, NIGHTCLUB, BAR, LOUNGE or TAVERN, REPAIR SERVICE
ESTABLISHMENTS, RESTAURANTS, VEHICLE SERVICE/REPAIR ESTABLISHMENTS, and
VEHICLE RENTAL AND SALES ESTABLISHMENTS.
Delete REVERSE FRONTAGE. : A through lot that is not accessible from one (1) of the
parallel or nonintersecting streets upon which it fronts.
RIGHT-OF-WAY: That portion of land dedicated to aublic 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.taking off, of aircraft.
Delete SALES TRAILER. :.+''1 MANUFACTURED STRUCTURE used for an other than a
TEMPORARY time period for the sale or purchase of lots or homes in a subdivision/ development
to be ac S A►- lt-E-R - sh-a Lkco-mpLy- itt-h re q uire m e-n-ts set -forth
in this Chapter, including required zoning SETBACKS and OFFSETS, and shall be installed in
accordance with the requirements set forth in Chapter 29 of this Code and adhere to the zoning
permit requirements of Section 23 4 190 of the Code. All SALES TRAILERS shall demonstrate
that water and sewage disposal facilities are available. The maximum number of SALES
TRAILERS is limited to one (1) per subdivision/ development.
SCHOOL: Includes any one (1) or more of the following categories: a PUBLIC SCHOOL
(which may include PUBLIC SCHOOL extension classes), community college, junior college,
college or university; an independent or parochial SCHOOL which satisfies the compulsory
SCHOOL attendance requirements appearing in the School Attendance Law of 1963, Title 22,
Article 33, C.R.S.; or a COMMERCIAL SCHOOL, as defined herein.
SCREENED: - No change.
SECONDARY RECOVERY-: A technique of recovering additional crude from a mineralized
zone by injecting steam, water and similar methods in an effort to force more of the crude to a
production well.
SEMI -TRAILER: Apys defined in Section 42 1 102(89), C.R.S., means any wheeled vehicle,
without motor power, that is designed to be used in conjunction with a laden or unladen truck
tractor so that some part of its own weight and that of its cargo load rests upon, or is carried by,
such laden or unladen truck tractor and that is generally and commonly used to carry and transport
property over the pu bl icPUBLI C highways and roadsSTREETS/ROADS.
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S ETBACK: The horizontal distance between any BUILDING or STRUCTURE, as measured
from the farthest projection of the BUILDING or STRUCTURE, except for window wells, air
conditioners, gutters, downspouts, or fences, and the established PUBLIC or private
STREET/ROAD RIGHT-OF-WAY line other than that of an ALLEY. If the abutting PUBLIC
STREET/ROAD is designated by the Transportation Plan adopted in Chapter 8 of this Code as a
collector or arterial STREET/ROAD, then the SETBACK shall be measured from the future right-
of-way line. The minimum required RIGHT-OF-WAY width is found in Section 8-8-10 of this Code.
No STRUCTURES shall be allowed in RIGHT-OF-WAY. It shall be the responsibility of the
property owner to locate the RIGHT-OF-WAY lines. The horizonta
BUILDING or STRUCTURE, as measured from the farthest projection of the BUILDING or
STRUCTURE, except for window wells, air conditioners, gutters or downspouts, and the
established PUBLIC or private STREET right of way line. If the abutting PUBLIC STREET is
designated to be upgraded to a higher classification as defined by the Transportation Plan
n ecessitating additional right of way, then the SETBACK shall be measured from the future right
of -way line. The future right-of-way line (measured from the center of the road) is determined by
d iv i � a ri t-o�►Y d ef-i-n-e-d--b-el -i n -h alfi-h e-thlaov4n-g is a list —of _ th--e-r ig h-t-of--wa r
n eeded for road designations as defined in the Transportation Plan. Road classifications and
applicable right-of-way requirements are found in Article VII, Chapter 24 of this Code.
a. Principal ART ► tecsta e - three -hundred -foot right-of-way.
b. Principal A RTER AL— oth erg---o-n-e--hun4rad-fifty-f-oot-r-ig ht -of -way.
c. Minor ARTERIAL One hundred foot to one hundred fifty foot right of way.
d. County ARTERIAL one hundred foot right of way.
e. County COLLECTOR eighty foot right of way.
f. County LOCAL - sixty -foot right-of-way.
Delete SEVERE GROUND SUBSIDENCE HAZARD AREA. : Zones labeled SEVERE are
areas gin' ivhich the effects of rapid subsidence, such as failure ofd--u-I LDI NG foundations,
roadways, gas mains and similar frequently USED or potentially dangerous features, may
endanger the lives of persons in the immediate vicinity. Such areas have been undermined and
are characterized by the presence of pillars and physical evidence of void space, or by the
absence of evidence of surface subsidence. The collapse of decomposed pillars could induce
almost instantaneous subsidence or displacement with equally or almost equally rapid destruction
of structures at the surface.
S EWAGE TREATMENT PLANT: - No change.
S HOOTING RANGE - INDOOR-: A facility designed or used for shooting at targets with rifles,
pistols or shotguns and which is completely enclosedENCLOSED within a buildingBUILDING or
structureSTRUCTU RE.
S HOOTING 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 hu nti ngH U NTING and unstructured
and nonrecurring discharging of firearms on private property with the property owner's permission.
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S IGN : Any object, device, display, structureSTRUCTURE or part thereof, situated outdoors
or indoors, and used to advertise, identify, display, direct or attract attention to an object, person,
institution, organization, business, product, service, event or location by any means. A SIGN is
any writing (including any combination of a letter, word or number), pictorial representation
(including illustration, figures, design, colors, symbols or declaration), product, form (including
shapes resembling any human, animal or product design that conveys a recognizable meaning,
identity or distinction) or any part thereof, or is written, painted, projected upon, illuminated,
printed, designed into, constructed or otherwise placed on or near a buildingBUILDING, board,
plate or upon any material object or device whatsoever, which by reason of its form, location,
manner of display, color, working, stereotyped design or otherwise attracts or is designed to
attract attention to the subject or to the premises upon which it is situated, or is used as a means
of identification, advertisement or announcement.
SIGN, FLUSH WALL: Any SIGN attached to, painted on or erected against the wall of a
BUILDING in such a manner that the signSlGN face is parallel to the plane of the wall and
is wholly supported by the wall. Banners, canvas or any other similar material may be used for
this type of SIGN only if the material is securely attached directly to the buildingBUILDING
fascia or to a rigid SIGN structureSTRUCTURE in a manner which prevents the material from
flapping, waving or otherwise moving.
S ITE 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.
S MALL SCALE SOLAR FACILITY: A facility which is used for the production of electrical
energy from energy collected by the sun including solar energy collectors, power generation
facilities, facilities for storing and transforming energy, other appurtenant facilities and any
transmission lines under one hundred fifteen kilovolts (115 kV), which is developed for the
purpose of supplying or distributing electrical energy to users, a customer or customers and will
be located on less than twenty (20) acres. This designation shall not include roof and/or ground
mounted solar systems located on permitted principal and accessory buildingsBUILDINGS and
designed to supply power to the principle Jse(s)USE(S) on site.
S PECIAL FLOOD HAZARD AREA: As defined in Section 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 A, AE, AH, AO or Al -A99
on the FIRM or FHB M. 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)feetand 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.
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d. Zones AE and Al -A30 are SPECIAL FLOOD HAZARD AREAS where BASE FLOOD
ELEVATIONS and FLOOD HAZARD factors have been determined by FEMA.
e. Zone B and Zone X (shaded) are SPECIAL FLOOD HAZARD AREAS that are between
the limits of the 100 -YEAR and the 500 -YEAR FLOODS.
f. Zone C and Zone X (unshaded) are SPECIAL FLOOD HAZARD AREAS that are at
minimal risk of FLOODING.
START OF CONSTRUCTION (pertaining to BUILDINGS or STRUCTURES): The date the
building permit was issued, including building permits for SUBSTANTIAL IMPROVEMENTS,
provided that the actual START OF CONSTRUCTION,, repair, reconstruction, placement or other
improvement was within one hundred eighty (180) days of the permit date. The actual start means
the first placement of permanent construction of a STRUCTURE on a site, such as the pouring of
slab or footings, the installation of piles, the construction of columns or any work beyond the stage
of excavation; or the placement of a MANUFACTURED HOME on a foundation. Permanent
construction does not include land preparation, such as clearing, grading and FILLING; nor does
it include the installation of STREETS/ROAD and/or walkways; nor does it include excavation for
a BASEMENT, footings, piers or foundations or the erection of temporary forms; nor does it
include the installation on the property of ACCESSORY BUILDINGS, such as garages or sheds
not occupied as DWELLING UNITS or not part of the main STRUCTURE. For SUBSTANTIAL
IMPROVEMENTS, the actual START OF CONSTRUCTION means the first alteration of any wall,
ceiling, floor or other structural part of a BUILDING, whether or not that alteration affects the
external dimensions of the BUILDING.
STORAGE AREA: - No change.
STREET/ROAD: A strip of land intended for vehicular USE and providing principal means of
access to LOTS. For the purpose of this Chapter, STREETS shall be classified and defined as
follows:
a. FREEWAY : A major regional highway, including interstate highway, designed to carry
very large volumes of vehicular traffic, with full control of access and all intersections grade -
separated.
b. EXPRESSWAY : Similar to a FREEWAY, except that all intersections need not be grade
separated.
c. ARTERIAL : A STREET designed to carry high volumes of vehicular traffic over long
distances in a direct manner.
d. COLLECTOR : A STREET designed to collect or distribute vehicular traffic from one (1)
or more individual residential or nonresidential areas to or from an ARTERIAL, EXPRESSWAY
or FREEWAY.
e. LOCAL : /1 STREET designed to carry vehicular traffic from one (1) or more lots to or
from a COLLECTOR.
side LOTS otherwise abutting on a STREET.
g. FRONTAGE ROAD : A STREET parallel and ADJACENT to an ARTERIAL,
EXPRESSWAY or FREEWAY which provides access to ADJACENT LOTS so that each
AD NT LOT will not have direct access tot-h-aIAL, E P—RES -WA►Y or FREEWAY.
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STRUCTURE-: Anything that is built, constructed or erected, an edifice oraulidifig-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 publicPUBLIC
utilities. The term includes an object, including a mobile oblect, constructed or installed by man,
including but without limitation, BUILDINGS, towers, cranes, smokestacks, earth formations,
overhead ELECTRIC TRANSMISSION LINES, and gas or storage tanks that are principally
aboveground.
Delete STRUCTURE, TEMPORARY. : Anything constructed in such a manner that it would
commonly be expected to have relatively short useful life, or is built for a purpose that would
cam m o n ly-b-- -ex-p ectsd-to be -relatively -short-term
S UBDIVISION: For the purposes of this Chapter 23 only, the term "SUBDIVISION" means
land that has been split into separate LOTS with prior COUNTY approval of a plat:
a. Recorded in the office of the Weld County Clerk and Recorder between September 20,
1961, and December 10, 1992, and meeting the definition of "subdivision" of the Official
Subdivision Regulations, Weld Counjy, Colorado, as amended (referred to as the "Weld
County Subdivision Regulations");
b. Recorded in the office of the Weld County Clerk and Recorder between December 10,
1992, and December 18, 2000, and meeting the definition of "subdivision" of the Weld
County Subdivision Ordinance, Ordinance No. 173, as amended; or
c. Recorded in the office of the Weld County Clerk and Recorder after December 18, 2000,
and meeting the definition of "subdivision" of Chapter 24 of the Weld County Code.
SEE ALSO HISTORIC TCWNSITE.
S UBSTANTIAL DAMAGE: Damage of any origin sustained by a STRUCTURE whereby the
cost of restoring the STRUCTURE to its before -damaged condition would dual or exceed fifty
(50) percent of the market value of the STRUCTURE just prior to when the damage occurred.
S UBSTANTIAL IMPROVEMENT: Any repair, reconstruction or improvement of a
STRUCTURE, the cost of which equals or exceeds fifty (50) percent of the market value of the
STRUCTURE before the START OF CONSTRUCTION of the improvement. This includes
STRUCTURES which have incurred SUBSTANTIAL DAMAGE, regardless of the actual repair
work performed. The term does not, however, include either:
a. Any pro'ect 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.
S UBSTATION: - No change.
Delete SUITABLE SOIL. : A soil which will effectively filter effluent by removal of organisms
and suspended solids before the effluent reaches any highly permeable earth such as joints in
bedrock, gravel or very coarse soils and which has percolation rates slower than five (5) minutes
per inch and has a vertical thickness of at least five (5) feet benoath the plow line of the site and
the top of the high groundwater table.
Delete SUPERELEVATION. : The raised portion of highway above the normal cross slope
to prevent a vehicle from sliding outward, or counteracting all the centrifugal force of a vehicle
traveling at an assumed speed.
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SUSPENDED SIGN: A SIGN that is suspended from the underside of a horizontal plane
surface and is supported by such surface. Considered a type of BUILDING SIGN.
TANK BATTERY: - No change.
TELECOMMUNICATION ANTENNA: An exterior transmitting or receiving device used in
telecommunications that radiates or captures telecommunication signals.
TELECOMMUNICATION ANTENNA, ATTACHED: An antenna mounted on an existing
BUILDING, silo, smokestack, water tower, utility or power pole or a support STRUCTURE other
than a TELECOMMUNICATION ANTENNA TOWER.
TELECOMMUNICATION ANTENNA, CONCEALED: An antenna with a support
STRUCTURE that screens or camouflages the presence of antennas and/or
TELECOMMUNICATION ANTENNA TOWERS from public view in a manner appropriate to the
site's context and surrounding environment. Examples of concealed antennas include man-made
trees, clock towers, flagpoles, light STRUCTURES, steeples and similar objects.
TELECOMMUNICATION ANTENNA SETBACK: The distance between a
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aertv 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: Less than sixSix (6) months or less.
TEMPORARY SIGN: Construction SIGNS which identify the contractors working on a project
on the site and "for sale" or "for rent" SIGNS indicating that the property or residence is for sale
or rent. Construction SIGNS, "for sale" and "for rent" SIGNS shall be removed upon completion
of the project or when the property is sold or rented.
TEMPORARY STRUCTURE: Anything constructed in such a manner that it would commonly
be expected to have relatively short useful life or is built for a purpose that would commonly be
expected to be relatively short-term.
THEATER-: - No change.
Delete THEATER, DRIVE-IN. : An area and associated STRUCTURES used for the
showing of motion pictures outdoors.
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Delete THRESHOLD. : That imaginary line on the RUNWAY perpendicular to the RUNWAY
centerline which marks the useful -limit -of -the RUN A- --The threshold of -all -RUNWAYS is the
physical end of that particular RUNWAY, with the exception being RUNWAY 9 27 which has its
TRAINING FACILITY—: A facility in which domestic animalsHOUSEHOLD PETS or
LIVESTOCK not owned by the property owner are trained.
TRANSITIONAL SURFACES: These surfaces extend outward at ninety -degree angles to the
RUNWAY centerline and the RUNWAY centerline 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 Ccommodity from one (1) mode of
Transportation to another whose primary activity includes the following kinds of USES:
a. Rail and truck transloading of commodities and materials, including, without limitation,
those for the agricultural and oil and gas industries, and including but not limited to grains,
petroleum products, sand, pipe and indoor storage related to the same.
Delete TRAVEL WAY. : That portion of the roadway for movement of vehicles, exclusive of
shoulders and auxiliary lanes.
TREE: Any ob ect of natural growth.
TRUCK WASHOUT FACILITIES, COMMERCIAL: An establishment providing
COMMERCIAL cleaning of trucks and SEMI -TRAILERS.
UNDERLYING ZONING DISTRICT: - No change.
Delete URBAN GROWTH CORRIDOR. : An area delineated in an adopted County
Comprehensive P an (in accordance witi tie Goa s, Policies and Guide Ines), prepares Dursuant
to Section 22 2 110, within which urban development is encouraged by delineation of the area,
and outside of which urban development is discouraged. An urban growth area usually defines
the limit within which the full range of urban level services will be provided. The purpose is to
promote -projected urban development i-thi n and adjacent to existing -urban -areas so as to ensure
efficient utilization of land resources and urban services to adequately support that urban growth.
URBANIZING: An area within one -quarter (114 14) mile from municipal boundaries, as
amended.
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Delete URBAN SCALE DEVELOPMENT. : DEVELOPMENTS exceeding nine (9) lots
and/or located in close proximity to existing PUDs, subdivisions, municipal boundaries or urban
growth corridors and boundaries. All URBAN SCALE DEVELOPMENTS shall pave the internal
road systems of the DEVELOPMENTS URBAN SCALE DEVELOPMENT requires support
services such as central water, sewer systems, road networks, park and recreation facilities and
rainage. This definition does not affect or apply to those Coordinated
Planning Agreements between the County and municipalities which are in effect as of May 14,
2001.
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USE:: - No change.
UTILITY RUNWAY: A RUNWAY that is constructed for and intended to be used by propeller -
driven aircraft of twelve thousand five hundred (12,500) pounds maximum gross weight and less.
UTILITY SERVICE FACILITY: PublicPUBLIC utility mains, lines, gas regulator stations,
PUBLIC lift or pumping stations for domestic waterPU BLIC WATER and sanitary sewerPUBLIC
SEWER service, and accessoryACCESSORY STRUCTURES where no PUBLIC officeOFFICE,
repair or storage facilities are operated or maintained.
VARIANCE: A grant of relief to a person from a requirement or requirements of this Chapter,
Chapter 26, or Chapter 27 when specific enforcement would result in unnecessary hardship. A
VARIANCE, therefore, permits construction or DEVELOPMENT in a manner otherwise prohibited
by this Chapter, Chapter 26, or Chapter 27.
VEHICLE RENTAL ESTABLISHMENT: - No change.
VEHICLE SALES ESTABLISHMENT-: Any USE of property for the sale of vehicles such as
automobiles, motorcycles, trucks, trailers, RECREATIONAL VEHICLES,
MOBILEMANUFACTURED HOMES, boats, farm machinery, construction equipment and other
heavy rolling stock.
VEHICLE SERVICE/REPAIR ESTABLISHMENT-: Any USE of property whereon vehicles
such as automobiles, motorcycles, trucks, trailers, RECREATIONAL VEHICLES,
MOBILEMANUFACTURED HOMES, boats, farm machinery, construction equipment and other
rolling stock are serviced and repaired, including body work, welding and painting.
VESTED PROPERTY RIGHT: The right to undertake and complete the DEVELOPMENT and
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: As defined in Section 23-1110 of this Code. A natural or artificial channel
through which stormwater or FLOOD water can flow, either regularly or infrequently.
WATER SKIING: - No change.
WATER SURFACE ELEVATION: The height, in relation to the National Geodetic Vertical
Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988 or other datum, where
specified, of FLOODS of various magnitudes and frequencies in the FLOODPLAINS or riverine
areas.
WATERTIGHT: Impermeable to the passage of water and capable of resisting the hydrostatic
and hydrodynamic loads and the effects of buoyancy during a BASE FLOOD.
WHOLESALE TRADE ESTABLISHMENT: No change.
WIND GENERATOR: No change.
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Delete WIND TURBINE. : A machine or machines that convert the kinetic energy in the wind
Into —a _ u s ab- e f- "wind turbine" or "windmill"). The— i n cl energy.
conversion system includes all parts of the system except for the tower and transmission
equipment, excluding turbines for private use. Permitted through a USR in all districts. 1041 permit
application is required only if of state wice concern. A winc turbine or i-n-c rni generating 50V of
energy or less, associated with a farm or ranch operation and less than seventy (70) feet in height
is consicerec a private (noncommercia ) mac ii ne anc not subject to tie USR a 3 e 'cation Drocess.
WINDOW SIGN: Any SIGN, picture, symbol or combination thereof, designed to
communicate information about an activity, business, commodity, event, sale or service that is
placed inside a window or upon the window panes or glass and is visible from the exterior of the
window.
WINERY: Any establishment licensed pursuant to the provisions of Title 1244, Article 473,
C.R.S., where vinous liquors are manufactured; except a vintner's restaurant licensed pursuant
to C.R.B. Section 12-47-42044-3-422., C.R.S. 'Vinous liquors" are defined in C.R.S. Section 44-
3-103(59). include wine and fortified wines that contain not less than one-half of one percent
olume and shall be construed to
mean an alcohol beverage obtained by the fermentation of the natural sugar contents of fruits or
other agricultural products containing sugar.
YARD : The area of a LOT, between a LOT LINEline and the required SETBACK.
ZONE LOT: A parcel or parcels of land in single ownership with a single USE or multiple
USES within the same STRUCTURE.
ARTICLE II - Procedures and Permits
Division 1 - Amendments to Zoning Map
Amend Sec. 23-2-10. Amendment procedures.
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A. No change.
B. In addition to the Board of County Commissioners, only the Planning Commission or the fee
owner of a LEGAL LOT or a LOT of at least thirty-five (35) acresproperty, or a person with
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 Commission or Board of County Commissioners desires to undertake a
rezoning, to create and apply new zoning districts or to change the definitions of the various
zoning districts, the only public notice requirement shall be publication in the newspaper
designated by the Board of County Commissioners for publication of legal notices.
D. Applications for a Change of Zone shall be completed as set forth in Section 23-2-50 below;
provided, however, that any zone change initiated by the Planning Commission or Board of
County Commissioners shall only be required to meet the applicable requirements of Section
23-2-30 for the Planning Commission and Section 23-2-40 for the Board of County
Commissioners. The completed application and application fees shall be submitted to the
Department of Planning Services.
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Amend Sec. 23-2-20. Duties of Department of Planning Services.
A. - No change.
B. Upon determination that the application submittal is complete, the Department of Planning
Services shall:
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1. Refer the application to the fol-lowin-gappliceble agencies listed in Appendix 23-G, as
determined by the Department of Planning Services., when applicable, for review and
comment. The agencies named shall respond within twenty-eight (28) days after the
mailing of the application by the COUNTY. The failure of any agency to respond within
twenty-eight (28) days may be deemed to be a favorable response to the Planning
Commission. The reviews and comments solicited by the CountyCOUNTY are intended
to provide the COUNTY with information about the proposed Change of Zone. The
Planning Commission and Board of County Commissioners may consider all such reviews
and comments and may solicit additional information if such information is deemed
necessary. The reviews and comments submitted by a referraIREFERRAL agency are
recommendations to the COUNTY. The authority for making the decision to approve or
deny the request for Change of Zone rests with the Board of County Commissioners.
a. The planning commission or governing body of any town and county whose
boundaries are within a three mile radius of the parcel under consideration for a
Change of Zone.
b. The planning commission or governing body of any city or town that has included the
parcel in its MASTER PLAN area or Intergovernmental Agreement.
c. Department of Public Health and Environment.
d. Department of Public Works to review the engineering aspects of the proposal.
e. Colorado Department of Public Health and Environment.
f. Colorado Geological Survey.
g. Colorado Historical Society.
h. Colorado Department of Transportation.
i . Colorado- -ater-Conservation Board.
j. LLS Army Corps of Engineers.
k. U.S. Soil Conservation Service.
I. U.S. Forest Service.
m. U.S. Bureau of Land Management.
n. Any irrigation ditch company with facilities on or ADJACENT to the parcel under
consideration.
a Any other agencies or individuals whose review the Department of Planning Services,
Planning Commission or Board of County Commissioners deems necessary.
2. — No change.
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3. Set a Planning Commission hearing date and a Board of County commissioners hearing
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date. The Board of ublic hearing may also be set a-n-d-ae given
legal notice and posting, concurrent with setting of the Planning Commission hearing date
and in accordance with Section 23-2-40A Otherwise, the Board of county
commissioners public hearing shall be set after the Planning Commission hearing.
4. - No change.
5. Arrange for legal notice of said hearings to be published once in the newspaper
designated by the Board of county commissioners for publication of notices. At the
discretion of the Board of county commissioners, a second notice may be published in a
newspaper which is published in the area in which the rezoning is proposed. Failure to
publish the second notice shall not create a jurisdictional defect in the hearing process.
The date of publication shall be at least ten (10) days prior to the hearing.
6. Give notice of the proposed change of Zone and the 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
wayPUBLIC STREET/ROAD RIGHT-OF-WAY. In the event the property under
consideration is not adjacent to a publicly maintained road right-ofrwayPUBLIC
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 maintained road right-of-wayPUBLIC STREET/ROAD RIGHT-
OF-WAY. The sign shall be posted at least ten (10) days prior to the Planning Commission
hearing and evidenced with a photograph. The sign will include the following information.
a. No change.
b. Date, place and time of public hearings.
c. thru f. - No change.
Remainder of Section - No change.
Amend Sec. 23-2-30. Duties of Planning Commission.
A. The Planning Commission shall hold a hearing to consider the application for the change of
Zone. The public hearing may involve either the rezoning application alone or may include the
review of concurrent applications under the county's regulations concerning uses by special
review, overlay districts or subdivisions. The Planning Commission shall provide
recommendations mendations 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:
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1. thru 3. — No change.
4. That STREET/ROAD or highway facilities providing access to the property are adequate
in size to meet the requirements of the proposed zone district. This will include updating
and obtaining any new Access Permits, as required. The Access Permit may require an
Improvements Agreement, which shall be in conformance with the Engineering Standards
in Appendix 12 A. In the event that the STREET/ROAD or highway facilities are not
properly sized and are planned to be properly sized in the future, in conformance with the
TharoughfaroTransportation Plan or in conformance with the MASTER PLANS of affected
municipalities, the applicant may either wait to secure the rezoning until the improvements
are made by the appropriate unit of government or the applicant may express a willingness
to upgrade the STREET/ROAD or highway facilities at his or her own expense in order to
expedite approval of the requested Change of Zone. In the latter event, it will be necessary
for the applicant to either construct the necessary improvements before the building
permits are issued, or submit suitable performance guarantees to the County to ensure
construction of the required STREET/ROAD or highway facility improvements.
5. That, in those instances where the following characteristics are applicable to the rezoning
request, the applicant has demonstrated compliance with the applicable standards:
a. If the proposed Change of Zone is located within any Overlay DistrictOVERLAY
ZONING DISTRICT identified by maps officially adopted by the COUNTY, that the
applicant has demonstrated compliance with the COUNTY regulations concerning
Overlay DistrictsOVERLAY ZONING DISTRICTS. Compliance may be demonstrated
in a previous public hearing or in the hearing concerning the rezoning application.
b. That the proposed rezoning will not permit the USE of any area known to contain a
COMMERCIAL MINERAL DEPOSIT in a manner which would interfere with the
present or future extraction of such deposit by an extractorEXTRACTOR to any greater
extent than under the present zoning of the property.
c. — No change.
B. - No change.
C. If the Planning Commission recommendation is conditional upon the applicant completing
certain specified items prior to the publication of the notice for the hearing by the Board of
County Commissioners, the ten-day period shall commence upon submission of the items by
the applicant to the Department of Planning Services.
Amend Sec. 23-2-40. Duties of Board of County Commissioners.
A. REPEALED.The Board of County Commissioners shall:
r
Set a DU elic searing, to to ce place within forty-five ('5) days, or u
for -consideration of _ th-e-prono e r han of a
eon rec
uest of the a
oolica nt,
2. Arrange -for -legal -notice of said hearing --to be pub isiec ,ce in tI III Ignated 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 i9
published in the area in which the rezoning is proposed. The failure to publish the second
notice shall not create a jurisdictional defect in the hearing process. The date of publication
shall be at least fourteen (14) days prior to the hearing.
3. Arrange for the Department of Planning Services to post a sign on the property under
consideration for rezoning according to the requirements of Section 23-2-20.B.5.
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4. Give notice of the proposed Change of Zone and the public hearing date to those persons
listed in the application as owners of property -located -within five-h-undred (500) -feet --of _ the
provided as a courtesy to surrounding property owners (the surface estate). Inadvertent errors
by the applicant in supplying such list or the Board of County Commissioners in sending such
notice shall not create a jurisdictional defect in the hearing process, oven if such error results
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:
i
i
1. thru 3. - No change.
4. That STREET/ROAD or highway facilities providing access to the property are adequate
in size to meet the requirements of the proposed zone district. In the event that the
STREET/ROAD or highway facilities are not properly sized and are planned to be properly
sized in the future, in conformance with the ThorougftfareTransportation Plan or in
conformance with the MASTER PLAN of affected municipalities, the applicant may either
wait to secure the rezoning until the improvements are made by the appropriate unit of
government or the applicant may express a willingness to upgrade the STREET/ROAD or
highway facilities at his or her own expense in order to secure approval of the requested
change of Zone. In the latter event, it will be necessary for the applicant to either construct
the necessary improvements before building permits are issued, or submit suitable
performance guarantees to the COUNTY to ensure construction of the required
STREET/ROAD or highway facility improvements. No rezoning shall be finally approved
by the Board of County Commissioners until the applicant has submitted an Improvements
Agreement or contract approved by the Board of county commissioners which sets forth
the form of improvements guarantees. Any such agreement or contract shall be made in
conformance with the COUNTY policy on collateral for improvements. Approval of the
Improvements Agreement will be a condition of obtaining an Access Permit_, pursuant to
Section 12-5-1 d -I I II rr a et t I i reme n is
of Appendix 12-A 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 Overlay DistrictOVERLAY
ZONING DISTRICT identified by maps officially adopted by the COUNTY, that the
applicant has demonstrated compliance with the COUNTY regulations concerning
Overlay DistrictsOVERLAY ZONING DISTRICTS. Compliance may be demonstrated
in a previous public hearing or in the hearing concerning the rezoning application.
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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
extractorEXTRACTOR to any greater extent than under the present zoning of the
property.
c. — No change.
C. and D. — No change.
E. REPEALED.
The Board of County Commissioners shall adopt by resolution, every year, an updated copy of
the -Official Weld ou n-t-y--Zoni-ng-Map-which i-n-of-u-d- -t h-e--rezo n i-n-gs---app rove dam, n ceh I-ast
update.
F. REPEALED.
The Board shall participate in the formation of an Intergovernmental Urban Growth Boundary
Agreement with all willing municipalities.
Amend Sec. 23-2-50. Application requirements for change of Zone.
A. thru B.2. — No change.
3. Legal description of the property under consideration as determined from a certified
boundary survey_ (at the option of the applicant, the certified boundary survey may be
submitted subsequent to the Planning Commission hearing but prior to final approval of
the Board of county commissioners if the Director of Planning Services approves a
general legal description- hi-ch-su-ffi-ci-e-ntly-desi-bes the site).
4. and 5. — No change.
6. Present zone and overlay zonesOVERLAY ZONING DISTRICT, if appropriate.
7. thru 11. — No change.
12. The applicant shall provide the Department of Planning Services with a certificate from the
County Treasurer showing no delinquent property taxes for the parcel area.
13. thru 15. — No change.
16. The names and addresses of any owner, operator, or user of any irrigation ditch, lateral,
or pipeline that traverses the property.
C. REPEALED. (combined with Subsection D.≥A vicinity and land USE map of the area shall be
s --a-s--part of _ th-e-general a p pI i c-ala-owin-g
specifications:
1. The maps shall be delineated on reproducible material approved by the Department of
Planning Services.
2. The dimensions of the land USE map shall be thirty-six (36) inches wide by twenty-four
(24) inches high and prepared at a scale of one 01) 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, v
a. Outline of the perimeter of the parcel proposed for the change of Zone.
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b. Title, scale and north arrow.
a Ditches on or within two hundred (200) feet of the property.
d. Location of rivers and other drainage systems on or within two hundred (200) feet of
the property.
and within fifty (50) feet of the parcel.
f. Location of all existing utilities (electricity, gas, water and sewer) on the parcel, as well
as within fifty (50) feet of the parcel.
g. SPECIAL FLOOD HAZARD AREAS on the property.
h. Ards of GEOLOGIC HAZARD on the property.
i. Mineral resource areas on the property.
j. Areas of moderate or severe soil limitations as defined by the Natural Resource
Conservation Service or by a soil -survey an -GI -study -prepared by -a --soils engineer or
soil scientist for the uses and associated STRUCTURES permitted within the
proposed zone district.
k. Ot hey -inform at -o -n y reaso nab --rrec Fred --by _ the —Department _ o-f—Pl a Pini n
services in otter to cetermine ne hat the application meets the standarcs anc policies
set forth in this Chapter and in Chapter 22.
D. A draft rezoning plat in electronic (.pdf) format shall be submitted as part of the general
application. If the applicant elects the optima -n provided in Suusection D.3 above, the rezoning
plat will net be required until the certified boundary survey has been made. This map shall be
drawn to the following specifications:
1. REPEALED.The plat shall be delineated in nonfading permanent black ink on Mylar or
otier Product of ecua qua ity, three (3) millimeters or greater in tiickness. The plat sia
bear original signatures and seals in permanent black ink. The size of each shall be
twenty-four (24) inches in height by thirty-six (36) inches in width. The mixing of sheet
sizes is prohibited. No plat submitted shall contain any form of stick -on type material -sue
as, but not limited to, "sticky -back," adhesive film or Kroy lettering tape.
2. The dimensionsscale of the map shall be one (1) inch equals one
hundred (100) feet (1" = 100') or at other suitable scale when approved by the Department
of Planning Services. The vicinity map shall be drawn at suitable scale on the land USE
map (1" = 2000).
3. The following information shall be shown:
a. Certified boundary survey of the parcel under consideration, showing all bearings and
distances outside the perimeter boundary lines. The closure error of the survey may
not exceed one to five thousand (1:5,000). The boundaries and dimensions shall be
shown to the nearest hundredth of a foot (or seconds of arc for angular dimensions
and bearings). Curved boundaries and all curves on the rezoning plat shall include the
radius of curve, central angle, chord distance, and bearing. Notation of non -tangent
curves with radial bearings shall be shown to all points of non -tangency.
b. Legal description, including total area involved, as certified and signed by the surveyor.
The draft plat need not be signed or certified.
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Title, scale and north arrow. The map shall be titled "Change of Zone Plat [case
number]." The Department of Planning Services shall provide the appropriate number.
d. Date of drawing.
e. Current zoning.
f. Proposed zoning.
q. A vicinity map indicating the property with respect to adjacent STREETS/ROADS,
rivers, and other ma or land features.
h. Irrigation ditches on or within two hundred (200) feet of the property.
i. Location of easements, RIGHTS -OF -WAY, and other similar interests of record on the
parcel and within fifty (50) feet of the parcel.
j. Location of all existing utilities (electricity, gas, water and sewer) on the parcel, as well
as within fifty (50) feet of the parcel.
k. SPECIAL FLOOD HAZARD AREAS on the property.
I. GEOLOGIC HAZARD AREAS on the property.
m. Mineral resource areas on the property.
n. Areas of moderate or severe soil limitations as defined by the Natural Resources
Conservation Service or by a soil survey and study prepared by a soils engineer or
soil scientist for the USES and associated STRUCTURES permitted within the
proposed zone district.
o. Other information as may be reasonably required by the Department of Planning
Services in order to determine that the application meets the standards and policies
set forth in this Chapter and in Chapter 22.
4. The following certificates shall appear on the map:
a. thru d. — No change.
5. REPEALED.Adequate space shall be provided on the rezoning plat for the addition of the
following information by the Department of Planning Services.
a. Zoning case number.
b. Current zone classification.
c. Requested zone classification.
E. The following supporting documents shall be submitted as pad of the general application:
1. Where an authorized agent signs the application for the fee owners, a letter granting power
of -attorney t---th-e-agent-from-the-o in-ers.-an authorization form provided by the Department
of Planning Services signed by the fee owners.
2. thru 5. — No change.
6. Statements from PUBLIC waterWATER and sewerPUBLIC SEWER utilities which
indicate that they are able to provide service for the site. If PUBLIC utilities are not to be
used, the applicant shall submit information which documents the availability of water and
suitability of the site for the sewage disposal system chosen by the applicant. The
evidence shall document the adequacy of the proposed utility service for the USES
permitted in the proposed zone district.
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7. An Engineering Geology Report/Oeotechnical Study of the site proposed for the Change
of —Zane —with a statement of —the suitability of soils- support ail USE lowed in the
proposed zone. If the Engineering Geology Report/eotechnical Study indicates soils
which present moderate or severe limitations to the construction of STRUCTURES or
facilities on tie site, the applicant sia I submit information wiici demonstrates teat tie
limitations can be overcomeA soil report of the site prepared by the Natural Resources
Conservation Service or by a soils engineer or scientist. In those instances when the soil
report indicates the existence of moderate or severe soil limitations for the USES
proposed, the applicant shall detail the methods to be employed to mitigate the limitations.
8. If STREET/ROAD or highway facilities which provide access to the property are not
adequate to meet the requirements of the proposed zone district, the applicant shall supply
information which demonstrates willingness and financial capability to upgrade the
STREET/ROAD or highway facilities in conformance with the ThoroughfareTransportation
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 certifiedprofessional geologist as defined in C.R.S. Section 23-
41-208(1)Xb) or other qualified expert, including but not limited to a Colorado Geological
Survey employee. The statement shall indicate the estimated quantity of resources and
the economic feasibility of recovery, now and in the future, of the resources so that the
Planning Commission and Board of County Commissioners can determine whether a
COMMERCIAL MINERAL DEPOSIT is contained on or under the subject properties.
10. If the proposed Change of Zone is located within an Overlay DistrictOVERLAY ZONING
DISTRICT identified by maps officially adopted by the COUNTY, the applicant shall submit
information which either documents how the COUNTY regulations concerning Overlay
DistrictsOVERLAY ZONING DISTRICTS have been satisfied or documents how the
applicant intends to meet the requirements of the COUNTY regulations concerning
Overlay DistrictsOVERLAY ZONING! DISTRICTS.
11. — No change.
12. REPEALED. (See Section 23-2-20. B. 7. )A-sign--s-h-ail be-p-osted for -the applicant on the
property under consideration for a rezoning. The sign shall be posted adjacent to and
visible from a publicly maintained road right-of-way. In the event the property under
be posted in the most prominent place on the property and a second sign posted at the
pal--nt at -which -the -driveway (access drive) i _ nte-rsects-a-publ i cly-mal n to i n ed road -right-of-
way. The sign shall be posted at least ten (10) days prior to the hearing and evidenced
with a photograph. The sign will include the following information:
a. Change of Zone number.
b. Date; t m an -d place of-pub-l-i-c hearing
c. Location and telephone number of the public office where aid-iticl i-nfermation may be
obtained.
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d. Applicant's name.
e. Size of parcel of land.
f. Type of request.
13. The application fee.
F. The a ppfic n-t-shall-su bmit- three -(3) -raper copies of-th-e-pl-alfor-pre-Si-approval-to-the
Weld County Department of Planning Services. Upon approval of the paper copies, the
applicant shall submit a-Mylarthe plat on Mylar or other drafting media approved by the
Department of Planning Services, thirty-six (36) inches wide by twenty-four (24) inches high,
along with all other documentation required as Conditions of Approval. The plat shall bear
original signatures and seals in permanent black ink. The 4r -plat shall be recorded in the
office of the County Clerk and Recorder by the Department of Planning Services. The plat
shall be prepared in accordance with the requirements of Subsections 23 2 50.C and 23-2-
50.D of this Article. The Mylar plat and additional requirements shall be recorded within one
hundred twenty (120) days from the date of the Board of County Commissioners resolutions
or within a date specified by the Board of County Commissioners. The applicant shall be
responsible for paying the recording fee. if a plat has not been recorded within one hundred
twenty (120) days of the date of the approval of the Change of Zone (COZ), or within a date
specified by the Board of County Commissioners, the Board may require the landowner to
appear before it and present evidence substantiating that the COZ has not been abandoned
and that the applicant possesses the willingness and ability to record the plat. The Board of
County Commissioners may extend the date for recording the plat. If the Board determines
that conditions supporting the original approval of the COZ cannot be met, the Board may,
after a public hearing, revoke the COZ.
G. Nothing in this Division 1 shall be interpreted as prohibiting the submittal of an application for
a Site Plan Review or Use by Special Review concurrently with or prior to approval of a
Change of Zone application. The Change of Zone plat shall be approved and recorded prior
to recording of such Site Plan Review or Use by Special Review. If the Change of Zone is not
approved, such Site Plan Review or Use by Special Review application shall be void.
Amend Sec. 23-2-60. Effective date of approved amendments.
Any approved amendments to the Official Zoning Map shall be effective immediately upon
approval by the Board of County Commissioners unless otherwise specified by the approving
resolution of the Board of County Commissioners. However, no building permit shall be issued
and no USE shall commence on the property until the plat required in Section 23-2-50.F is
recorded.
Division 2 -Amendments to Chapter Text
Amend Sec. 23-2-110. Duties of Department of Planning Services.
Upon submission of a request from the Board of County Commissioners for any proposed
amendments to the text of this Chapter, the Department of Planning Services shall:
A. and B. — No change.
C. Set a Planning Commission hearing date and a Board of County Commissioners hearing date
after the completion of the proposed amendment.
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D. Arrange for legal notice of said hearings to be published once in the newspaper designated
by the Board of county commissioners for publication of notices. The date of publication shall
be at least ten (10) days prior to the hearing.
E. and F. — No change.
Amend Sec. 23-2-130. Duties of Board of County Commissioners.
A. REPEALED.The Board of County Commissioners shall:
1. Set a Board of County Commissioners public hearing date within forty-five (45) days1
the Boarc of County Comm-Lei-o-n+crs for publ+datio-n of notices. The date of publication sha
be at least fourteen (14) days prior to the hearing.
Remainder of Section — No change.
Division 3 - Site Plan Review
Amend Sec. 23-2-150. Intent and applicability.
I
A. — No change.
B. An approved Site Plan Review is required for the USES described in Article III of this chapter,
in the following Zone Districts: A-1 (concentrated Animal), Residential R-2, R-3 and R-4 Zone
Districts except for those uses containing a single-family dwelling unit or duplex units where
Industrial Zone Districts, and any PUD Districts where a use the proposed USE would require
an approved site plan reviewSite Plan Review in an R-43, Commercial or Industrial Zone
District.
C. No land, BUILDING or STRUCTURE shall be USED, changed in use USE or type of
occupancy, DEVELOPED, erected, constructed, reconstructed, moved or structurally altered
or operated in any zone district that requires a Site Plan Review until a Site Plan Review has
been approved and a Site Plan Review map recorded by the Department of Planning
Services.
D. — No change.
E. No Site Plan Review shall be required for:
1. Normal repairs and maintenance of an existing buildingBUILDING or
structureSTRUCTURE.
2. Alterations which do not affect more than twenty-five percent (25%) of the external
dimensions of an existing buildingBUlLDING or structureSTRUCTURE unless such
alterations are made to change the USE or type of occupancy within part or all of the
altered BUILDING or STRUCTURE.
3. SignsSIONS, fencing, oil and gas production facilitiesOlL AND GAS FACILITIES in the I-
3 (Industrial) Zone District, or TEMPORARY STRUCTURES such as, but not limited to,
those usectUSED for the sale of fireworks or the TEMPORARY sale --of Christmas trees.
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F. A BUILDING or STRUCTURE which was in place prior to the effective date ofOrdinance No.
8-9-F±F-o n June 11; 1- , can have i-ts external dimensions e n larged-up-to
(20%) of those external dimensions in existence as of Juno 11, 1996, before a Site Plan
Review shall be required, unless such enlargement is made to change the use or type of
occupancy within part or all of the enlarged BUILDING or STRUCTURE.The Board of County
Commissioners delegates the authority and responsibility for processing, approving and
enforcing Site Plan Reviews to the Department of Planning Services. The Department of
Planning Services shall also have the responsibility of ensuring that all application submittal
requirements are met prior to initiating any official action. Once an application is deemed
complete, the Department of Planning Services shall send the application to applicable
REFERRAL agencies listed in Appendix 23-, 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.
O. The Director of Planning Services may waive the sSite Plan cReview requirement for
COMMERCIAL and INDUSTRIAL USES in a Planned Unit Development (PUD) upon
determination that sufficient detailed information was submitted and reviewed in the Final PUD
Plan
H. - No change.
I. Any person filing an application for a site plan review Site Plan Review shall comply with
Article V and Article XI of this Chapter if the proposal is located within any Overlay District
Area OVERLAY ZONING DISTRICT or a Special -Flood Hazard -Area -SPECIAL FLOOD
HAZARD AREA identified by maps officially adopted by the COUNTY.
J. No change.
K. Applications for a Site Plan Review located in a Regional Urbanization Area shall adhere to
any and all applicable regulations in Chapter 2019 and any other County ordinance in effect.
L. The applicant or owner shall submit an Improvements Agreement agreeing to construct the
required improvements as shown in the application, plans and other supporting documents.
The Agreement shall be made in conformance with the county policy on collateral for
improvements. The Agreement shall be approved by the Board prior to recording the final
exhibit or platSite Plan Review map, if applicable.
Amend Sec. 23-2-160. Application requirements for site plan review.
Any person wanting to apply for a Site Plan Review shall arrange for a preapplication
conference with the Department of Planning Services. The purpose of the application is to give
the applicant an opportunity to demonstrate, through written and graphic information, how the
proposal complies with the standards of this Chapter. The following supporting documents shall
be submitted as a part of the application:
A. A site plan reviewSite Plan Review application form provided by the Department of Planning
Services.
B. - No change.
C. REPEALED. A party wall agreement and legal description for duplex or triplex USES where
units are held in separate ownership.
D. REPEALED.A condo declaration and legal description for the condo, if applicable.
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E. thru G. — No change.
H. REPEALED. (See Subsection R.) A completed County Road Access Information Sheet
provided by t h -e --D e partme-nt of -Planning Services. The applicant -will be-re-q-ua-re-d-te bm-i-t-a
completed Access Permit and Improvements Agreement, where applicable, prior to approval
of a Site Plan Review (SPR). Such Access Permit shall be in conformance with Section 12-6-
10 et seq.
I. - No change.
J. A statement indicating that the proposed USE meets the required SETBACK and OFFSET
Bulk Standards requirements of the zone district.
K. - No change.
L. A plan describing any proposed signage, drawn to an appropriate scale, which shall include
specifications of the proposed sign SIGN and SIGN structureSTRUCTURE along with the
method of construction and attachment to the BUILDING or ground. The position and distance
of the s RSIGN 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 signsSIONS.
M. Statements describing that the LANDSCAPE requirements listed below have been met:
1. The lotLOT shall adhere to the Maximum Lot CoverageLOT COVERAGE requirements of
the zone district in which it is located in, as shown in the Bulk Requirements in this
Chapter, or Chapter 26 or 27, if applicable. Land shall not be deemed covered if it is used
for growing grass, shrubs, trees, plants or flowers or if it is otherwise suitably
LANDSCAPED.
2. That portion of a LOT in the zone district which abuts a publicPUBLIC or private
streetSTREETIROAD right-of-way RIGHT-OF-WAY shall have a minimum ten -foot wide
LANDSCAPE SETBACK that is LANDSCAPED, unless the LOT is governed by a more
restrictive LANDSCAPE SETBACK that is LANDSCAPED contained in an overlay districts
PLANNED UNIT DEVELOPMENT,Chapter 26 of this Code or any other applicable
County ordinance. The LANDSCAPE SETBACK that is LANDSCAPED is measured at a
right angle from the existing or planned future right-of-wayRIOHT-OF WAY- o any
PARKING LOT, fencing, storage area or STRUCTURE. Sidewalks and driveways may
pass through the required LANDSCAPE SETBACK.
3. REPEALED. (See Section 23-4-30.)Landscaping techniques shall be utilized in design of
PARKING LOTS to aid in buffering PARKING LOTS from roadways.
4. REPEALED. (See Subsection W.9) The applicant shall submit to the Department of
Planning Services a detailed LANDSCAPE plan delineating the existing and proposed
trees, shrubs, ground covers, natural features such as rock outcroppings and other
LANDSCAPE elements. The plan shall show where LANDSCAPE exists or will be located,
along _ wit-h--ptan#-i-n g and co ns-tru- t4 on deta-i-1 spec ies 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.
5. — No change.
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N. A statement accomoaniec oy evidence explaining low tie stormwater runoff wi De hanc ed.
If -p -h- sical changes to the site are proposed (grading, pa 4 g, increased roof -areas, etc.), then
evidence, maps and calculations explaining how stormwater retention facilities are designed
be designed for a ono hu-n&ed year storm and release retained water at a rate not to exceed
a five-year storm falling on the undeveloped site. The applicant shall provide a narrative or
preliminary drainage study in accordance with the stormwater drainage criteria requirements
of this Code.
O. No change.
P. A statement explaining that the loading/service areas meet the requirements in Article IV,
Division 1 of this Chapter or a more restrictive section of this Code.in all districts shall be
located, designed and constructed in a manner that is in conformance with the standards
below:
1. Sufficient space shall be provided in loading/service areas to accommodate the vehicles
being loaded or unloaded without encroachment upon neighboring property or rights-of-
way„Loadin-giservice areas shall be pavecL
2. Loading -areas located wi-th-i-n-th-e-I---1-- I-n4ustri al) Z o n -e District -and --I 2 (Industrial) Zone
District shall be designed to comply with the appropriate use regulations under either
Section -23-3-310 or 23-3-320 of _ this -Chapter.
0. A statement explaining thathow the LOT(S) sha-liwill have safe access to an approved
publioPUBLIC or private STREET/ROAD and a traffic narrative describing the projected
number of vehicle trips (average per day, maximum per day, peak hour data) to and from the
site and the type of vehicles (passenger, semi -truck, etc.). The design designation of a
STREET/ROAD or highway as to type shall be in conformance with that shown on the
Transportation Plan and/or the MASTER PLAN of the affected municipality. A traffic impact
study may be required. Improvements to adjacent STREETS/ROADS may be necessary to
provide adequate safe and efficient transportation to and from the site. An Improvements
Agreement may be required.
R. A statement explai ni ngacknowledgi ng that new accesses to public rights-of-wayPUBLIC
RIGHTS -OF -WAY shall be constructed in accordance with this Code, and may require an
access permit. -using the minimum standards below. Designs exceeding these minimums may
be required by the Department of Public Works, depending upon the number and type of
vehicles generated by the USE proposed.
1. Size of drainage structure - fifteen (15) inches minimum in diameter.
2. Length of drainage structure - twenty (20) feet minimum.
3. Depth of cover over pipe - twelve (12) inches.
4. Width of access - ten (10) to fifteen (15) feet for a one-way single access, twenty -four -foot
minimum-fortwo-way- traffic.
5. Maximum grade of access fifteen percent (15%).
6. Flare radius twenty foot minimum in a residential zone district, forty foot minimum in
commercial and industrial zone districts.
7. Depth of surfacing - per engineered design and subject to approval by the Department of
Public Works.
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S. REPEALED.A statement explaining how acceleration/deceleration lanes, when required by
the Department of--Pu b-lic Works oment of Transportation, ill provide
safe, efficient access to ARTERIAL or COLLECTOR STREETS, and are in compliance with
the engineering requirements in Appendix 12-A.
T. A statement explaining that the trash collection areas or facilities are located, designed and
USED in a manner that shall meet the requirements of the zone district be SCREENED from
PUBLIC RIGHTS -OF -WAY and ADJACENT properties. These areas shall be designed and
USED in a manner that will prevent wind- or animal -scattered trash.
U. A statement explaining that the USE is compatible with the existing or future
developmentDEVELOPMENT of the surrounding areas as permitted by the existing zoning
and with the future developmentDEVELOPMENT of the area as projected by the
Comprehensive Plan or Master PIanMASTER PLAN of affected municipalities and any
Intergovernmental Agreement. Such USE shall adhere to the following operation standards,
to the extent that they are affected by location, layout and design prior to construction and
operation. Once operational, the operation shall conform to the standards listed below:
1. Noise. USES a U-CT-URE--S-i-n th-e- C OMME-R -IAL and Industrial -Zone -Districts -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 to --the CO M1\AE RGI-A!-an-d--I n -d -u strial Zone Districts -shall be located,
designed and operated in accordance with the air quality standards established by the
Colorado Air PollutionQuality Control Commission.
3. Water Quality. USES in the COMMERCIAL and Industrial Zone Districts shall be located,
designed and operated in accordance with the standards established by the Colorado
Water Quality Control Commission.
4. — No change.
5. Heat. USES located -within -fie--COMMERCIAL and Industrial Zone Districts -shall not emit
heat in such an amount sufficient to raise the temperature of the air or of materials at or
beyond the LOT line more than five jjdegrees Fahrenheit.
6. Glare. Any lighting USED to illuminate an OFF-STREET PARKING AREAoff-street
parking area, outside storage area, outside activity area, SIGN or other
structureSTRUCTURE shall be arranged to deflect light away from any adjoining
residential zone and from County roadsCOUNTY STREETS/ROADS. Any lighting,
including light from high -temperature processes such as welding or combustion, shall be
designed, located and operated in such a manner as to meet the following standards:
sources of light shall be shielded so that beams or rays of light will not shine directly onto
ADJACENT properties; neither the direct nor reflected light from any light source may
create a traffic hazard to operators of motor vehicles on PUBLIC or private
STREETS/ROADS; and no colored lights may be used which may be confused with or
construed as traffic control devices.
7. — No change.
8. REPEALED. (See Subsection Q above.)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 Construction Standards in Appendix 12-A.
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V. REPEALED.Additional Submittal Requirements for a Livestock Confinement Operation within
the A-1 (Concentrat-ed-Antmal) Zone District: In addition to the Application for site plan -review
requirements, the following information shall be submitted with the Site Plan Review
application for a Livestock Confinement Operation within the A-1 (Concentrated Animal) Zone
District:
1. A Nuisance Management Plan.
2. A Lighting Plan.
3. Demonstrate that proposed wastewater impoundments will meet the following requirements
of the Colarad fltty--Control Commission Regulation Number 81 (6 C.C.R.. 1002-
81): (1) setbacks to water wells; (2) separation from groundwater; (3) impoundment liners
meet seepage rate; and (4) impoundment wastewater storage capacity. Evidence of such
shall be provided to the Departments of Public Health and Environment and Planning
Services.
Provide evidence that the faci ity has Deen registered as a Confinec Anima Feet ing Operation
(CAFO) with the Colorado Department of Public Health and Environment. Written evidence of
such shall be provided to the Department of Public Health and Environment.
5. A Facility Management Plan.
Supplementary Regulations stipulated in Section 23 4 350 of this Chapter.
7. A housing plan for employees (if necessary).
8. The applicant shall specify the maximum number of ANIMAL UNITS and species to be
associated with the Livestock Confinement Operation.
W. SITE P! AN —RE I- W-MARSite Plan Review Map. The applicant shall submit the draft map for
preliminary approval to the Department of Planning Services in electronic (.pdf) format. The
site plan map shall show and comply with the following requirements:
1. thru 5. — No change.
6. A vicinity map at a suitable scale. The map shall locate the site with respect to adjacent
m' f STREETS/ROADS and other major land features (1" = 2000').
7. — No change.
8. The location and names of all roadsSTREETS/ROADS and highways abutting the LOT.
9. The location and name of any water features or irrigation ditches within the perimeter of
the LOT.Existing and proposed landscaping, including existing and proposed trees,
shrubs, ground covers, natural features such as rock outcroppings and other landscaping
elements. The plan shall show where landscaping exists or will be located, along with
planting and construction details, species name and size. Where existing plantings are to
be retained, the applicant shall include in the plan proposed methods of protecting the
plantings during construction.
10. — No change.
11. The location, dimensions and design of any existing and proposed signsSIGNS on the
site. Distances from LOT lines shall be indicated.
12. — No change.
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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, width
of bays,dimensions and angle of parking and other similar information.
15. Any other information deemed necessary by the Department of Planning Services.
16. The Site Plan Review map shall be titled "Site Plan Review No. ." The
Department of Planning Services shall provide the appropriate number.
17. The Site Plan Review map shall bear the following certifications:
a. Property owner's certificate:
I, the undersigned, certify that the uses, buildings and structures located on this Site
Plan Review are designed and will be constructed and operated in accordance with
the development standards hereon and the district requirements for the
Zone District as stated in Chapter 23 of the Weld County Code. I understand failure to
comply with the development standards, applicable provisions of County Code, and/or
any conditions of approval could result in the County initiating a compliance action
against me or my successors.
Signature of Property Owner
The foregoing instrument was subscribed and sworn to be before me this day of
, by
WITNESS my hand and official seal.
My commission expires:
•
Notary Public
b. Department of Planning Services' Administrative Review Certificate:
This map is accepted and approved for filing.
Director of Planning Services
The foregoing certificate was acknowledged before me this day of
a
, by
WITNESS my hand and official seal.
My commission expires:
Notary Public
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X. REPEALED.Site Plan Review Plat: A Site Plan Review Plat shall be prepared after a Site Plan
Review-ap-pti toon i a pproef�c T-h-e-a-ppltc-a-nt shall submit three (3) paper copies of the plat
for preliminary approval to the Department of Planning Services. Upon approval of the paper
conditions of approval. The Mylar plat shall be recorded in the office of the County Clerk and
Recorder by the Department of Planning Services. The Mylar plat and additional requirements
shall be recorded within one hundred twenty (120) days from the date the administrativo
review was signed. The applicant shall be responsible for paying the recording fee. If the Site
P a i
:te
forwarded to the Weld County Code Compliance for violation. The Director of Planning
Services may grant an extension of time, for good cause shown, upon a written request by
the applicant. The plat shall meet the following requirements:
1 The plat shall be delineated in nonfading permanent black ink on a Mylar or other product of
equal quality, three (3) millimeters or greater in thickness. The plat shall bear original
signatures and seal-i-n-permanent black ink. The size of each shall v-er;-ty fe-ur (24) inches
in height by thirty-six (36) inches in width. The mixing of sheet sizes is prohibited. No plat
lsuc ,
back," adhesive film or Kroy lettering tape. The drawing shall be at sufficient scale to show all
necessary detail.
2. REPEALED.
3. REPEALED.
4. The plat shall be titled "Site Plan Review No. ." The Department of Planning
Services shall provide the appropriate number.
5. The plat shall include all of the items approved in the site plan review administrative
comments.
6. The plat 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 applicable
DEVELOPMENT standards and district requirements for the Zone District as stated
in the Weld County Zoning Ordinance and in accordance with any conditions imposed by the
Board of County Commissioners at the time the property was zoned or rezoned. I understand
my failure to comply with the DEVELOPMENT standards and/or any conditions could result
int-he-County initiati n compliance action against -me:
Signature of Property Owner
The foregoing instrument was subscribed and sworn to be before me this day of
M -TN -E SS -my -hand and official -se aL
My -cam -mission expires:
Notary Public
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b. Department of Planning Services' Administrative Review Certificate:
This plat is accepted and approved for filing.
i
Director of Planning Services
The foregoing certificate was acknowledged before me this day of
7
WITNESS my hand and official seal.
My commission expires:
Notary Public
c. Easement -e-rtifi-sate example: This certif -t hall -b -d - hei any -easement crosses any
of the proposed lots of the Site Plan Review. The plat shall also identify the benefited lot and
purpose of the easement
I (we) do hereby dedicate, for -the b-an-ef i-t of —t wn or —described —hereon ,
easements for the purposes shown or described hereon.
Signature Signature
Y. The applicant shall provide the Department of Planning Services with a certificate from the
County Treasurer showing no delinquent property taxes for the parcel area.
Z. and AA. — No change.
BBREPEALED.Photo Mechanical Transfer (PMT), if required.
CC. REPEALED. (See Subsection W.11.1A set of sign standards in accordance with Chapter 23,
Article IV, Division 2. The location of any sign requiring zoning approval shall be shown on the
Site Plan Review map. Distances from property lines shall be indicated.
DD. REPEALED. (See Subsection Q.}If applicable, an Improvements Agreement executed by the
applicant. This Agreement shall be in accordance with the County policy and documents for
collateral for improvements, as well as in conformance with Section 12 5 10 et seq., and the
Engineering and Construction Standards in Appendix 12-A.
EE.The application fee. An additional fifty (50) percent of the permit fee shall be added to the cost
of the application fee if the USE is started prior to approval of a Site Plan Review. The payment
of the investigation fee shall not relieve any persons from fully comalyinwith the
requirements of this chapter, nor from any other penalties.
FF.The names and addresses of any owner, operator, or user of any irrigation ditch, lateral, or
pipeline that traverses the property.
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Amend Sec. 23-2-170. Changes and termination of use.
A. Any approved Site Plan Review shall be limited to the items shown on the Site Plan Review
map and the approved useUSE and type of occupancy. Major changes from the approved
Site Plan Review map, USE or type of occupancy shall require the approval of an amended
Site Plan Review by the Department of Planning Services. The Department of Planning
Services is responsible for determining whether a major change exists,, in which case a new
Site Plan Review application and processing shall be required. Any other changes shall be
filed in the Department of Planning Services in the approved Site Plan Review file.
B. Construction of improvements pursuant to approval of a Site Plan Review shall be
commenced, and continual progress shall be made, within three (3) years from the date of
approval, or the approval shall terminate thirty (30) days following notice to the applicant. The
Director of Planning Services may grant a4 one-time extension of timeup to one hundred
twenty (120) days, for good cause shown, upon a written request by the landowner. Before
this extension has expired, the applicant may seek a further extension from the Board of
county commissioners by written request to the Director of Planning.
C. Approval of a Site Plan Review shall terminate when the USE is discontinued for a period of
three (3) consecutive years or a new Site Plan Review is approved. Should the Department
of Planning Services observe or receive credible evidence of a discontinuance for a period of
three (3) consecutive years, the Department Director shall notify the applicant and property
owner by first-class mail of such termination. The Director's decision to terminate the approval
of the Site Plan Review may be appealed by the applicant and/or property owner pursuant to
the provisions of Section 2-4-10 of this Code.
Add Sec. 23-2-175 — Corrections, approval and recording of the site plan review map.
A. The Department of Planning Services shall notify the applicant of any deficiencies of the
submittal and the deadline to correct said deficiencies, which shall be one hundred twenty
(120) days. The Director of Planning Services may grant an extension, for good cause shown
upon a written request by the applicant. If no written request is submitted or if the deficiencies
are not corrected by the date specified by the Department of Planning Sen./ices, the
application shall be re;ected.
B. Upon approval of the draft Site Plan Review map, the applicant shall submit a Site Plan
Review map for recording, along with all other documentation required as conditions of
approval. The map shall be delineated in nonfadinq permanent black ink on Mylar or other
drafting media approved by the Department of Planning Services. The map shall bear original
signatures and seals in permanent black ink. The size of each sheet shall be twenty-four (24)
inches in height by thirty-six (36) inches in width. Upon completion of all conditions of approval,
the map shall be recorded in the office of the county Clerk and Recorder by the Department
of Planning Services. The applicant shall be responsible for paying the recording fee. The
conditions of approval shall be met and the map recorded within one hundred twenty (120)
days from the date the administrative review was signed. The Director of Planning Services
may grant an extension, for good cause shown, upon a written request by the applicant. If no
written request is submitted, if the Director of Planning Services denies the extension, or if the
conditions are not met and the map recorded by the date specified by the Director of Planning
Services, the Site Plan Review approval shall be terminated.
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Amend Sec. 23-2-180. RescissionEnthrcement procedures.
A. When, in the opinion of the Department of Planning Services, an applicant has not met one
(1) or more of the requirements of Subsections 23-2-160.A, through .DD, a hearing shall be
scheduled before the Board of County Commissioners. It shall be a violation to operate without
an approved Site Plan Review if one is required by this Chapter. Such violation may be
enforced in accordance with the procedures set forth in Article X of this Chapter.
B. The Board of Coun
to consider the Site Plan
that the application has not met the requirements of 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
req u-i r-am-en-ts as I i sted-i-n Section -23-2460 above.A A property owner who fails or refuses to
comply with all requirements and conditions of an approved Site Plan Review shall be noticed
in writing by the Director of Planning Services of such compliance deficiencies. Continued
failure or refusal to comply may result in termination of the approved Site Plan Review. The
Director shall notify the property owner by first-class mail of such termination. The Director's
decision to terminate the approval of the Site Plan Review may be appealed by the applicant
and/or property owner pursuant to the provisions of Section 2-4-10 of this Code.
C. (Repealed.)The Department of Planning Services shall submit to the Board of County
Commissioners, for review, any map required under Subsection 23-2-160.W above, which
does not comply with the approved Site Plan Review (SPR).
D. (Repealed.)The Department of Planning Services shall submit maps of approved actions,
required in Subsection 23-2-160.W above, to the County Clerk and Recorder for recording.
E. (Repealed.)A resolution setting forth the decision of the Board of County Commissioners shall
be drafted and signed. A record of such action and a copy of the resolution will be kept in the
files of the Clerk to the Board, and the Board of County Commissioners shall arrange for the
County Clerk and Recorder's office to record the resolution. The Board of County
Commissioners shall also authorize the Chairman to sign the map required in Subsection 23
2-160.W.
Division 4 - Uses by Special Review
Amend Sec. 23-2-200. Intent and applicability.
A. Uses by Special Review are USES which have been determined to be more intense or to
have a potentially greater impact than the Uses Allowed by Right in a particular zone district.
Therefore, Uses by Special Review require additional consideration to ensure that they are
established and operated in a manner that is compatible with existing and planned land USES
in the NEIGHBORHOOD. The additional consideration or regulation of Uses by Special
Review, and the application to a Use by Special Review of Performance, Design and
Operations Standards listed both herein and for applicable USES from any zone district, are
designed to protect and promote the health, safety, convenience and general welfare of the
present and future residents of the COUNTY.
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B. The Board of County Commissioners may approve the establishment of a Use by Special
Review by granting a Special Review Permit. All requests for Special Review Permit shall be
reviewed by the Planning Commission. The Planning Commission recommendation shall be
forwarded to and considered by the Board of County Commissioners except for MAJOR
FACILITIES OF PUBLIC UTILITIES OR PUB LlCthe following conditions. Any
DEVELOPMENT or USE which requires a Special Review Permit and which is initiated by a
general purpose local government, 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, which shall require review and approval by the Planning
Commission only as set forth in Division 5 belowof this Article II.
C. Any person filing an application for a Special Review Permit shall comply with the COUNTY
procedures and regulations as set forth herein. And ex- �n-erf-lso
Special Review shall be treated as a new USE and shall require a new application under the
provisions of this Division.
D. and E. - No change.
F. The applicant or owner shall submit an Improvements Agreement agreeing to construct the
required improvements, as shown in the application, plans and other supporting documents.
The agreement shall be made in conformance with the County policy on collateral for
improvements. The agreement shall be approved by the Board prior to recording the final
exhibit or platmap, if applicable. Approval of the Improvements Agreement will be a condition
of obtaining an Access Permit, pursuant to Section 12 5 10 et seq., and the Improvements
Agreement shall meet the requirements of Appendix 12-A.
O. Applications for Special Review Permits shall be accepted only for proposed USES on LEGAL
LOT(S). An application for a Special Review Permit shall include the entire LEGAL LOT(S)
upon which the Special Review Permit will be located.
H. The applicant shall submit three (3) paper copies of the platthe draft map for preliminary
approval to the Department of Planning Services in electronic (.pdf) format. Upon approval -of
the paper copies, the applicant shall submit a Mylar platthe map on Mylar or other drafting
media approved by the Department of Planning Services, along with all other documentation
required as Conditions of Approval. The Mylar platmap shall be recorded in the office of the
County Clerk and Recorder by the Department of Planning Services. The ma p shall be
prepared in accordance with the requirements of Subsection 23-2-260.D of this Article. The
Mylar plat and additional requirementsmap 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) ialatmap 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) Slap.
The Board of County Commissioners may extend the date for recording the -platmap. If the
Board determines that conditions supporting the original approval of the Use by Special
Review (USR) plat cannot be met, the Board may, after a public hearing, revoke the Use by
Special Review (USR).
Amend Sec. 23-2-210. Duties of Department of Planning Services.
Any person wanting to apply for a Use by Special Review shall arrange for a preapplication
conference with the Department of Planning Services.
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A. - No change.
B. Upon determination that the application submittal is complete, the Department of Planning
Services shall:
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1. Refer the application to the followingapplicable agencies listed in Appendix 23-G, as
determined by the Department of Planning Services., when applicable, for review and
GO -111411-041t T h� �- g4 e� -n m-ed shall r+espo-n-d i thi n -t e -n ty--eight (28) d a s -after the
mailing of the application by the COUNTY. The failure of any agency to respond within
twenty-eight (28) days may be deemed to be a favorable response to the Planning
Commission. The reviews and comments solicited by the COUNTY are intended to
provide the COUNTY with information about the proposed Use by Special Review. The
Planning Commission and Board of County Commissioners may consider all such reviews
and comments and may solicit additional information if such information is deemed
necessary. The reviews and comments submitted by a referraIREFERRAL agency are
recommendations to the COUNTY. The authority for making the decision to approve or
deny the request for a Special Review Permit rests with the Board of County
Commissioners.
a. The planning commission or governing body of any town and county whose
boundaries are within a three-mile radius of the parcel under consideration for a Use
by Special Review Permit.
b. The planning commission or governing body of any city or town that has included the
parcel in its MASTER PLANNING area or Intergovernmental Agreement.
c. Department of Public Health and Environment.
blic Works to review the engineering aspects of the proposal.
e. County Extension office.
f. Colorado Department of Public Health and Environment.
g. Colorado Geological Survey.
h. Colorado Historical Society.
i. Colorado Department of Transportation.
j. Colorado State Division of Wildlife.
k. Colorado State Engineer, Division of Water Resources.
I. Colorado State Oil and Gas Conservation Commission.
m. Colorado Water Conservation Board.
n. U.S. Army Corps of Engineers.
p. l I S ' oil C -oins'C1ervat i on-S-t'3`,-rt I i� i ce-
p rest Serer'tc
q. U.S. Bureau of Land Management.
r. Federal Aviation Administration.
s. Federal Communications Commission.
t. The appropriate fire district.
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u. Any irrigation ditch company with facilities on or adjacent to the parcel under
consideration.
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Any -other -agencies or -individuals -whose review -the -Department of P I-e-n-ntn-g -Services,
Planning Commission or Board of County Commissioners deems necessary.
2. Prepare staff comments for use by the Planning Commission addressing all aspects of the
application, its conformance with Chapter 22 of this code and any other applicable code
provision or ordinance in effect, adopted master plansMASTER PLANS of affected
municipalities, sound land use planning practices, comments received from agencies to
which the proposal was referred and standards contained in this Chapter.
3. Set a Planning Commission hearing date and a Board of county commissioners hearing
date.
legal notice and posting, concurrent with setting of the Planning Commission hearing date
and in accordance with Section 23-2-230.A. Otherwise, the Board of County
Commissioners public hearing shall be set after the Planning Commission hearing.
4. - No change.
5. Give notice of the application for a Special Review Permit and the public hearing dates to
those persons listed in the application as owners of property located within five hundred
(500) feet of the parcel under consideration. Such notification shall be mailed, first-class,
not less than ten (10) days before the scheduled Planning Commission public hearing.
Such notice is not required by state statute and is provided as a courtesy to surrounding
property owners (the surface estate). Inadvertent errors by the applicant in supplying such
list or the Department of Planning Services in sending such notice shall not create a
jurisdictional defect in the hearing process, even if such error results in the failure of a
surrounding property owner to receive such notification.
6. A sign shall be posted for the applicant on the property under consideration for a Use by
Special Review permit. The sign shall be posted adjacent to and visible from a publicly
maintained road right-of-wayPUBLIC STREET/ROAD RIGHT-OF-WAY. in the event the
property under consideration is not adjacent to a_ publicly maintained road right of
wayPUBLIC STREET/ROAD RIGHT-OF-WAY, one (1) sign shall be posted in the most
prominent place on the property and a second sign posted at the point at which the
driveway (access drive) intersects a_ publicly maintained roan right-of-wa PDBLIC
STREET/ROAD RIGHT-OF-WAY. The sign shall be posted at least ten (10►) days prior to
the Planning Commission hearing and evidenced with a photograph. The sign will include
the following information:
a. — No change.
b. Date, place and time of Public Hearings.
c. thru f. — No change.
7. Arrange for legal notice of said -hearings to be published in the newspaper designated by
the Board of County Commissioners for publication of notices. At the discretion of the
Board of County Commissioners, a second notice may be published in a newspaper which
is published in the area in which the Use by Special Review is proposed. Failure to publish
the second notice shall not create a jurisdictional defect in the hearing process. The date
of publication shall be at least ten (10) days prior to the hearing.
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Amend Sec. 23-2-220. Duties of Planning Commission.
i
i
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 Xl 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 approv-erecommend approval of the request for the Special
Review Permit only if it finds that the applicant has met the standards or conditions of this
Subsection A and Sections 23-2-240 and 23-2-250 of this Division. The applicant has the
burden of proof to show that the standards and conditions of this Subsection A and Sections
23-2-240 and 23-2-250 are met. The applicant shall demonstrate:
1. thru 3. — No change.
4 That the USES which would be permitted will be compatible with future
devclopmentDEVELOPMENT of the surrounding area as permitted by the existing zoning
and with the future developmentDEVELOPMEN.T 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 than Overlay District Areas OVERLAY ZONING DISTRICT or a Special
Flood Hazard Area SPECIAL FLOOD HAZARD AREA identified by maps officially
adopted by the COUNTY.
6. and 7. — No change.
B. — No change.
C. If the Planning Commission recommendation is conditional upon the applicant completing
certain specified items prior to the publication of the notice for the hearing by the Board of
County Commissioners, the ten-day period shall commence upon submission of the items by
the applicant to the Department of Planning Services.
Amend Sec. 23-2-230. Duties of Board of County Commissioners.
A. REPEALED.The Board of County Commissioners shall:
1. Set a Board of County Commissioners public hearing, to take place not more than forty five
(45) days after receipt of the Planning Commission recommendation, or upon request of the
applicant, for consideration of the proposed Special Review Permit.
2. Arrange for legal notice of said hearing to be published once in th
tie Boarc of County Commissioners for ou plication of notices. At tie ciscretion of tie Boarc
of —County —Commissioners, a second notice may be pub
published in the area in which the Use by Special Review is proposed. The failure to publish
the second notice shall not create a jurisdictional defect in the hearing process. The date of
publication shall be at least ten (10) days prior to the hearing.
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3. Give notice of the application for a Special Use Permit and the public hearing date to those
persons list i n t happlication as owners of property located wi th i n4i-v-e-h-u-n-d-rad-(5 O fe et
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 Board of County Commissioners 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. Arrange for the Department of Planning Services to post a sign on the property under
consideration -for a S pecia l-Iiiew-Per-m-it according to t -he -r- q-utr-eme-nts-of cti o n-23-2-21-0
BA of this Article.
B. The Board of County Commissioners shall hold a public hearing to consider the application
and to take final action thereon. In making a decision on the proposed Use by Special Review,
the Board of County Commissioners shall consider the recommendation of the Planning
Commission, and from the facts presented at the public hearing and the information contained
in the official record which includes the Department of Planning Services case file, the Board
of County Commissioners shall approve the request for the Special Review Permit only if it
finds that the applicant has met the standards or conditions of this Subsection B and Sections
23-2-240 and 23-2-250 of this Division. The applicant has the burden of proof to show that the
standards and conditions of this Subsection B and Sections 23-2-240 and 23-2-250 of this
Division are met. The applicant shall demonstrate:
1. thru 4. — No change.
5. That the application complies with Articles V and Xl of this Chapter if the proposal is
located within any Overlay District A►rcasO ERLA ' ZONING DISTRICT or a Special Flood
Hazard Area SPECIAL FLOOD HAZARD AREA identified by maps officially adopted by
the County.
6. That if the USE is proposed to be located in the A (Agricultural) Zone District, the applicant
has demonstrated a diligent effort has been made to conserve PRIME FARMLAND in the
locational decision for the proposed useUSE.
Remainder of Section — No change.
Amend Sec. 23-2-240. Design standards.
A. An applicant for a Use by Special Review shall demonstrate compliance with the following
design standards in the application and shall continue to meet these standards if approved
for DEVELOPMENT.
1. and 2. No change.
3. If soil conditions on the site are such that they present moderate or severe limitations to
the construction of STRUCTURES or facilities proposed for the site, the applicant has
demonstrated how muchsuch limitations can and will be mitigated.
4.No change.
5. USES shall comply with the stormwater drainage criteria requirements set forth in this
Code.following stormwater management standards:
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a. Stormwater retention facilities shall be provided on site which are designed to retain the
stonot l,, r', -the utly developed site fyear storm -or -as
otherwise required by the Department of Public Works. In the case of a LIVESTOCK
facilities shall be designed and constructed in accordance with the Confined Animal
Feeding Operation Control Regulations (5 C.C.R. 1002-19).
b. The drainage facilities shall be designed to release the retained water at a quantity and
site.
6. All parking and vehicle storage shall be provided on the site_; parking shall not be permitted
within any public right of way. An adequate parking area shall be provided to meet the
parking needs of employees, company vehicles, visitors and customers. Parking and
loading areas shall be designed and constructed in accordance with Division 1 of Article
IV of this Chapter.
7. The USE shall comply with all the SETBACK and OFFSETBulk Standards requirements
of the zone district.
8. — No change.
9. New accesses to public rights of wayPUBLIC RIGHTS -OF -WAY shall be constructed in
accordance with this Code.using the following as minimum standards:
a. Size of drainage structure - twelve (12) inches in diameter.
b. Length of drainage structure - twenty (20) feet.
c. Depth of cover over pipe - twelve (12) inches.
d. Width of access - fifteen (1-5) _ feet.
e. Maximum grade of access fifteen percent (15%).
f. Flare radius twenty (20) feet.
g. Depth of surfacing four (4) inches.
Standards exceeding these minimums may be required depending on the type and volume of
vehicles generated by the type of USE proposed.
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 usesUSES. Buffering or SCREENING may be accomplished through a
combination of berming, landscaping and fencing.
11. — No change.
12. The placement of signsSIGNS on the site shall comply with the requirements of Article IV,
Division 2 and Appendixes 23-C, 23-D, and 23-E of this Chapter, unless a waiver
therefrom is requested in the application and granted by the Board of County
Commissioners as part of the Use by Special Review Permit. Offsite signsSIGNS shall not
be permitted through the USR permit process.
13. A statement explaining that the trash collection areas or facilities shall be SCREENED
from PUBLIC RIGHTS -OF -WAY and ADJACENT properties. These areas shall be
designed and USED in a manner that will prevent wind- or animal -scattered trash.
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B. REPEALED. (See Division 5 of this Article.) If the Special Review Permit for a MAJOR
FACILITY OF A PUBLIC UTILITY O -R -PUB- AGENCY is approved, the Planning
Commission shall arrange for the Department of Planning Services to record the appropriate
Facilities Plan, Utility Line orSelected Route Map with the County Clerk and Recorder.
Amend Sec. 23-2-250. Operation standards.
An applicant for a Special Review Permit shall demonstrate conformance with the following
operation standards in the Special Review Permit application to the extent that the standards
affect location, layout and design of the Use by Special Review prior to construction and operation.
Once operational, the operation of the USES permitted shall conform to these standards.
A. The operation of the USES shall comply with the noise standards enumerated in Section 25-
12-101, et seq., C.R.S.
B. thru D.1. — No change.
2. Neither direct nor reflected light from any light source may create a traffic hazard to
operators of motor vehicles on PUBLIC or private STREETS/ROADS and no colored lights
may be used which may be confused with or construed as traffic control devices.
E. and F. — No change.
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 Construction Standards in Appendix 12-A.
Amend Sec. 23-2-260. Application requirements.
A. The purpose of the application is to give the petitioner an opportunity to demonstrate through
written and graphic information how the proposal complies with the standards of this Chapter.
The following supporting documents shall be submitted as a part of the application except for
those items determined by the Director of Planning Services, in writing, or the Board of County
Commissioners, on the record, to be unnecessary to a decision on the application:
1.thru 4.—Nochange.
5. A statement which explains that the application complies with Article V and Article Xl of
this Chapter if the proposal is located within any Overlay District AreaOVERLAY ZONING
DISTRICT or a Special Flood Hazard AreaSPECIAL FLOOD HAZARD AREA identified
by maps officially adopted by the COUNTY.
6. and 7. - No change.
8. The applicant shall provide a narrative or preliminary drainage study in accordance with
.
the stormwater drainage criteria requirements of this Code.
9. A narrative explaining how the LOT(S) will have safe access to an approved PUBLIC or
private STREET/ROAD and a traffic narrative describing the projected number of vehicle
trips (average per day, maximum per day, peak hour data) to and from the site and the
type of vehicles (passenger, semi -truck, etc.). The design designation of a
STREET/ROAD or highway as to type shall be in conformance with that shown on the
Transportation Plan and/or the MASTER PLAN of the affected municipality. A traffic
impact study may be required. Improvements to adjacent STREETS/ROADS may be
necessary to provide adequate safe and efficient transportation to and from the site. An
Improvements Agreement may be required.
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B. The following general information shall be submitted:
1. thru 6. — No change.
7. Present zone and overlay zonesOVERLAY ZONING DISTRICTS, if appropriate.
8. thru 10. — No change.
11. The applicant shall provide the Department of Planning Services with a certificate from the
County Treasurer showing no delinquent property taxes for the parcel area.
12. REPEALED.Proposed LANDSCAPE plans.
13. and 14. — No change.
15. A proposed plan for installation of desired signsSIGNS following the standards set forth in
Chapter 23, Article IV, Division 2.
16. — No change.
17. The names and addresses of any owner, operator, or user of any irrigation ditch, lateral,
or pipeline that traverses the property.
C. A detailed description of the proposed operation and USE shall be supplied. Details for the
following items, when applicable, are required:
1. thru 7. — No change.
8. REPEALED.
Type, size, weight and frequency of vehicular traffic and access routes that will be utilized.
9. Domestic sSewage facilities.
10. thru 17. — No change.
D. Special Review Permit Plan Map.
1. The map shall be delineated on Mylar or other drafting mediareproducible material
approved by the Department of Planning Services.
2. thru 4.c.3)— No change.
4) The general classifications and distribution of soils over the parcel under
consideration. Soil classification names and agricultural capability classifications
mustshall be noted in the legend.
5) Locations and names of all roadsSTREETS/ROADS, irrigation ditches and water
features.
6) Location of all residences within a one -half -mile radius, existing and proposed
accesses to the property proposed for the Use by Special Review, any abutting
subdivisionSUBDIVISION outlines and names, and the boundaries of any
ADJACENT municipality.
7) Any other relevant information within a one -half -mile distance of the perimeter of
the property proposed for the Use by Special Review as may be reasonably
required by the COUNTY to meet the intent and purpose of this Chapter.
5. Plot Plan. A plot plan of the Use by Special Review area shall be drawn on the Special
Review Permit Plan Map.
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a. The scale of the plot plan shall be one inch (1") inch equals one hundred feet (100)
feet or at another suitable scale if approved by the Department of Planning Services.
b. The plot plan shall outline the Bou n-d-a-riesbou ndaries of the parcelLOT(S) being
considered for the Use by Special Review.
c. The plot plan shall include the location and identification of all of the following items
which -exist _ within a two -hundred -foot radius of the boundaries of the Use by Special
Review areaLOT(S), as well as within the areaLOT(S) itself; it shall also include the
proposed features and STRUCTURES of the Use by Special Review:
1) All public rights -of- -yPUBLI RIGHTS -OF -WAY of record (including names).
2) thru 6) — No change.
7) Topography at tweten-foot contour intervals or at intervals as determined
necessary by the Department of Planning Services.
8) thru 11) — No change.
12) Location of any flood hazardSPECIAL FLOOD HAZARD AREA, GEOLOGIC
HAZARD AREA, or mineral resource areas.
13) The location of any SIGN requiring zoning approval. Distances from property
lines shall be indicated.
14)— No change.
E. Supporting Documents. The following supporting documents shall be submitted as part of the
application:
1. Where an authorized legal agent signs the application for the fee owners, a letter granting
power of attorney to the agent from the owners must be provided. If an authorized went
signs, a letter of authorization signed by all fee owners shall be included with the
application. If the property is owned by a corporation, evidence that the signatory has the
legal authority to sign for the corporation shall be included.
2. thru 5. — No change.
6. REPEALED.If applicable, an Improvements Agreement executed by the applicant. This
agreement shall be in accordance with the County policy and documents for collateral for
improvements, as well as in conformance with Section 12 5 10 et seq., and the
Engineering and Construction Standards in Appendix 12-A.
7. - No change.
F. REPEALED.Photo Mechanical Transfer (PMT), if required.
G. The application fee. An additional fifty (50) percent of the permit fee shall be added to the cost
of the Special Review Permit application fee if the USE is started prior to issuance of a Special
Review Permit. The payment of the investigation fee shall not relieve any persons from fully
complying with the requirements of this chapter, nor from any other penalties.
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Amend Sec. 23-2-270. Development ment 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
CountyCOUNTY. The DEVELOPMENT STANDARDS shall be placed on the Special Review
Permit Plan Map prior to recording. Noncompliance with any of the approved DEVELOPMENT
STANDARDS may be reason for revocation or suspension of the special review permit by the
Board of County Commissioners. Civil penalties in lieu of a suspension may also be imposed with
the express prior agreement of the applicant. The availability of these remedies in no way limits
the Board of County Commissioners from seeking or applying any other remedies which are
available for noncompliance with the development sta -darcA DEVELOPMENT STANDARDS.
Amend Sec. 23-2-280. Changes to a Special Review Permit.
A. — No change.
B. Any decrease in the land m-asasarea occupied by a Use by Special Review Permit shall qualify
the landowner to be able to request a partial vacation of the Use by Special Review from the
Board of County Commissioners, permitting the following:
1. thru 3.a. — No change.
b. Submit a revised Use by Special Review platmap to the Department of Planning
Services illustrating the vacated portion of the property and the existing permit. The
revised tmap shall include a note stating that the partial vacation does not create
separate parcels.
4. — No change.
5. Once approved, the applicant mustshall submit a platmap conforming to Subsection 23-
2-260.D of this Code. This platmap shall illustrate the vacated portions of the
property/operation. The Oatmap 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.
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Amend Sec. 23-2-285. Minor amendments.
A. Minor amendments to any approved Use by Special Review and Site Specific Development
PIanSITE SPECIFIC DEVELOPMENT PLAN may be approved, approved with conditions, or
denied administratively by the Planning Services Director and may be authorized without
additional public hearings. Such minor amendments may be authorized by the Planning
Services Director as long as the developmentDEVELOPMENT application, as amended,
continues to comply with these standards and regulations, at least to the extent of its original
compliance. The Planning Services Director's approval-m-ustshall be in writing and contain
findings of fact. The decision of the Planning Services Director may be appealed to the Board
of Adjustment pursuant to Article VI of this Chapter.
B. AI-I-applications-wMMl have f i--n-d-i-ng-o- fact pr epared-by -staffer-a-Minor Amendment -and -may
require a proapplication meeting. Notification to neighbors within five hundred (500) feet of
the property shall be mailed. The fee for a minor amendment is listed in the fee schedule, as
amended.Once the application that is su b'ect of this section is deemed complete by the
Department of Planning Services, the Department of Planning Services shall send the
application to applicable agencies listed in Appendix 23-G, as determined by the Department
of Planning Services. The failure of any agency to respond within twenty-eight (28) days may
be deemed a favorable response. All REFERRAL agency review comments are considered
recommendations. The authority and responsibility for approval and denial of the amendment
rests with the Department of Planning Services.
C. Review criteria for minor amendments to a Use by Special Review Application and Site
Specific Development PlanSITE SPECIFIC DEVELOPMENT PLAN. To approve a minor
amendment, the Planning Services Director mu&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 usesUSES in the
surrounding area and be in harmony with the neighborhoodNEICHBORHOOD.
2. and 3. - No change.
4. The recommendations of REFERRALreferral agencies have been considered.
5. - No change.
6. The proposed changes mustshall be consistent with the original development
standardsDEVELOPMENT STANDARDS.
D. The Planning Services Director may► refer a Minor Amendment to the Board of County
Commissioners and schedule a public hearing. If such hearing is scheduled, the staff shall:
1. Arrange for legal notice of said hearing to be published in the newspaper designated 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 'urisdictional defect in the hearing process, even if
such error results in the failure of a surrounding property owner to receive such notification.
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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 purpose of this Section is to provide information to the applicant
regarding the Site Specific Development Plan and Use by Special Review Permit process.
F. REPEALED.Intent and Applicability. The purpose of this Section is to provide general
to be a substitute for the specific requirements of this Division. It is the responsibility of the
p$i nt- to- be k n owl edge-a-ble--of- h -e- sps-cif hc- requi remsn1 s of this Division , forth-e--m-i nor
amendment application process. The Department of Planning Services is responsible for
reviewing and processing the application in accordance with Section 23-2-280.5 of this Code.
G. - No change.
H. REPEALED.Sign i- -g he Department -of —Planning —Services will be responsible for
providing and posting a sign on the property under consideration in a location readily visible
from f h a d j-acan- -p-bli-ca lty--ma i ntattled ro a d os te d at -least -ten -0-0)
n-0-1-0)
days preceding the hearing date for the Board of County Commissioners' hearing. In the event
the property under consideration is not adjacent to a publicly maintained road right-of-way, a
seconc sign at the joint at whici the driveway (access drive) intersects a publicly maintainec
road right-of-way will be posted. The sign posting will be evidenced with a photograph.
I. Investigatio nAppl'cation 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 ucoUSE.
is started without a Minor Amendment Special Review permit. The payment of the
investigation fee shall not relieve any persons from fully complying with the requirements of
this chapter, nor from any other penalties.
J. Application Requirements:
1. — No change.
2. One (1) copy of the Special Review reap; 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 t,map,.
4. thru 9. — No change.
10. One (1) copy of the affidavit and the certified list of the names, addresses and the
corresponding parcel identification number assigned by the County Assessor of the
owners of property (the surface estate) within five hundred (500) feet of property being
considered. This list shall be compiled from the records of the County Assessor, the
county website, www.co.weld.co.us-, or a person qualified to do the task, and shall be
current as of a date no more than thirty (30) days prior to the date the application is
submitted to the Department of Planning Services.
11. REPEALED. Nlotice of Inquiry if located within an Intergovernmental Agreement (IGA)
boundary.
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12. thru 14. — No change.
15. REPEALED.Special Review plat recording fee (eleven dollars [$11.00] for the first page
plus -to -n- al I a rs {$10,001-f car -each a d d i t i o n s-p-age)7
K. Questionnaire. The following questions are to be answered and submitted as part of the Minor
Amendment application. If a question does not pertain to your use, please respond with "not
applicable," with an explanation as to why the question is not applicable.
1. and 2. — No change.
3. What type of usesUSES surround the site (explain how the proposed use is consistent
and compatible with surrounding land usesUSES).
4. Describe, in detail, the following:
a. thru c. — No change.
d. Type and number of :;Aru- turesSTRU TURES to be erected (built) on this site.
a thru I. — No change.
L. Site Specific Development PIanSITE SPECIFIC DEVELOPMENT PLAN and Use By Special
Review (USR) Map Requirements;. The map requirements for Minor Amendments shall be
the same as required in Subsection 23-2-260.D, except that the certificate for the Planning
commission's signature shall be replaced with one for the Director of Planning Services and
the certificates for the Board of County Commissioners and the Clerk to the Board are only
required if the application is referred to the Board of County Commissioners.
Delete remainder of Subsection L.
1. Vicinity Map Requirements:
a. One (1) inch equals two thousand (200) feet scale (1" = 2000') or other scale approved
by-the--D-apartment-of-Planning-Se.
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.
a Outline of the perimeter of the parcel proposed for the Use by Special Review.
f. The general classifications and distribution of soils over SI under consideration
the legend).
g. Locations and names of all 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.
b. Outline of the boundaries of the parcel being considered for the Use by Special
Review.
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i
c. Location and identification of all of the following items which exist within a twa-
hu-n-d-red-foot radius of _ the psi m st r o t , a pro prt for taus -e -by -S -peal Review.
d. Public -rights -of -way f-ortele p -hone, gas, electric water and -sewer lin-es:
e. Existing and proposed structures.
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).
All h -yd reg ra p-h-i c features, i r-ol-u-dThg-s-tream, rt -pe rids -a n -d re se r--vo-i rs.
Topography -at _ two -foot contour-i-n to rva l-s-ar at intervals as d eterm -n
Planning Services.
k. Location of areas of moderate or severe soil limitations.
I. Location and design of storm water management devices or 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 screening.
o. Location of any flood hazard, geologic hazard or mineral resource areas.
p. Plat Certificate s ig-n-ature-Bloc ks-fa-r Property -Owners, ners, Plan-n-i-ng-Commission- an -d -
Board of county commissioners.
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.
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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 nonfadinq permanent black ink on
Mylar or other drafting media approved by the Department of Planning Services. The map
shall bear original signatures and seals in permanent black ink. Upon completion of all
conditions of approval, the map shall be recorded in the office of the County Clerk and
Recorder by the Department of Planning Services. The applicant shall be responsible for
paying the recording fee. The conditions of approval shall be met and the map recorded within
one hundred twenty (120) days from the date the administrative review was signed. If the map
has not been recorded within one hundred twenty (120) days from the date the administrative
review was signed (or from the date the resolution was signed, if approved by the Board of
County Commissioners), or if an applicant is unable to meet all of the conditions within one
hundred twenty (120) days of approval, the applicant may request an extension from the
Director of Planning Services. The Director of Planning Services may grant a one-time
extension of up to one hundred twenty (120) days, for good cause shown, upon a written.
request by the applicant. Before this extension has expired, the applicant may seek a further
extension from the Board of County Commissioners by written request to the Director of
Planning. If the Board of County Commissioners denies the extension or if the conditions are
not met and the map recorded by the date specified by the Board, the approval shall be voided,
and the application denied.
Amend Sec. 23-2-290. Termination of use.
A. and B. - No change.
C. RE P EAL E D. I 3u -oh -cases -where -the I a n d ow-n-er- gree --to request _ to- cate-tI -e-Use lay
Special Review Permit, such vacation may be done administratively. In such cases where the
landowner does not respond, after original certified written notice, and after a second written
certified notice sent no sooner than thirty (30) days after the mailing of the first notice, then
the Special Use Permit may also 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 meetinghearing shall be
scheduled with the Board of County Commissioners to provide the landowner an opportunity
to request that the Use by Special Review Permit not be vacated, for good cause shown. The
landowner shall be notified at least ten (10) days prior to the hearing. If the Board of County
Commissioners determines that the Use by Special Review has terminated and no good
cause has been shown for continuing the permit, then the termination becomes final and the
Use by Special Review Permit is vacated.
E. - No change.
F. REPEALED.Use by Special Review Permit Plan Maps. Termination of a use shall allow the
Jse by Special Review Permit and the Use by Special Review Permit Plan Map to be
administratively vacated from County documents. If a Use by Special Review Permit Plan Map
is vacated because the Use by Special Review Permit was revoked due to noncompliance
with the Permit, map or DEVELOPMENT STANDARDS, the vacation shall be processed as
described -in ception 2 - - --0-above-a partial vacation is proposed becauseof a decrease
in the land mass, it shall be processed as described in Subsection 23-2-280.B above.
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Division 5 Special Review Permits for Major Facilities of Public Utility or Public Agency
Amend Sec. 23-2-300. Applicability.
A. and B. — No change.
C. REPEALED. (See Sections 23-2-380 and 23-2-390.)The applicant shall submit three (3)
paper copies of the plat for preliminary approval to the Department of Planning Services. Upon
approval of the paper copies, the applicant shall submit a Mylar plat, along with all other
documentation required as conditions of approval. The Mylar plat shall be recorded in the
office of the County Clerk and Recorder by the Department of Planning Services. The plat
shall be prepared in accordance with the requirements of Section 23-2-380 or 23-2-390 of this
Coda-The--Mylar plate d-a-dd itto-nakreq u-i-reme-n-t -h-al I-be-recor-d ed with-i-n-o-n-e-hi-n died -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 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 roc uire the lanc owner to a Dear before it and Dresent evideice substantiating
that the Use by Special Review (USR) has not been abandoned and that the applicant
possesses-the-wIti -g n ess-a d-abiti ty to record _ the -Use by -Special Review- -U R --prat. _ 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 Use by Special Review
(USR) plat cannot be met, the Board may, after a public hearing, revoke the Use by Special
Review (USR).
Amend Sec. 23-2-330. Duties of Department of Planning Services.
A. - No change.
B. Upon determination that a submitted application is complete, the staff of the Department of
Planning Services shall:
1. Refer the application to the followingapplicable agencies listed in Appendix 23-G, as
determined by the Department of Planning Services, when deemed applicable by the
Department of Planning Services, for review and comment. The agencies named shall
respond within twenty-eight (28) days after the mailing of the application by the COUNTY.
The failure of any agency to respond within twenty-eight (28) days may be deemed to be
a favorable response to the proposal. Such agencies may request and be granted
addadditional ta-r f -o r rev-i ew of such -proposals up -on -approval -by -the -Director of PI a n i-nq
Services. The reviews and comments solicited by the COUNTY are intended to provide
the COUNTY with information on the proposal. The Planning Commission may consider
all such reviews and comments and may solicit additional information if such information
is deemed necessary. The reviews and comments submitted by a referralREFERRAL
agency are recommendations to the COUNTY. The authority for making the decision to
approve or deny the proposal rests with the Planning Commission.
a. The planning commission of any town or county whose boundaries are within three (3)
miles of the -proposed site -or if the proposed -site is Located wtt h i n any town's
comprehensive planning area.
b. Department of Public Health and Environment.
c. Department of Public Works.
d. Colorado Geological Survey.
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a Colorado Department of Transportation.
f. D.S. Forest Service.
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9.
Any irrigation ditch company with facilities within or ADJACENT to the site under
consideration.
h. Utility companies with underground lines which might be affected by the
DEVELOPMENT.
i. Special service districts which may provide service to the DEVELOPMENT.
a
1 N attura 1 -Re- o u-rc C oser tio-n-- e -r vi ce
I. Any other agencies ori-n4iki4ua l -w h v-i- the De partme t�l-a rm i n -g- er-vi ces
deems necessary.
2. Prepare staff comments and recommendations for presentation at the Planning
Commission hearing, addressing all aspects of the application, its conformance with this
Chapter and Chapter 22 of this Code and comments received from referraIREFERRAL
agencies.
. thru 5. — No change.
. 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 t-ransmon Ii-ne- or pi-pelin-eELECTRIC
TRANSMISSION LINE projects, notice of application shall be given for surface property
owners for five hundred (500) feet on either side of the centerline of the proposed preferred
alignment, and to interest holders (excluding mineral interests) in any real property
proposed to be physically disturbed or crossed by the activity or
developmentDEVELOPMENT which is the subject of the application. Such notification
shall be mailed, first-class, no less than ten (10) days before the scheduled public hearing.
Such notice is not required by state statute and is provided as a courtesy to surrounding
property owners (the surface estate). Inadvertent errors by the applicant in supplying such
list, or the Department of Planning Services in sending such notice, shall not create a
jurisdictional defect in the hearing process even if such error results in the failure of a
surrounding property owner to receive such notification. In addition, applicants f.„ an
electric TRANSMISSION LINE or PIPELINE which is more than ono (1) mile in length shall
advertise the hearing at least once in the newspaper designated by the Board of County
r -s -for publication -of notices a minimum of —t n-(1-)--d-a ys prior to the hearing
date. The advertisement shall contain a map displaying the proposed preferred and
alternative routes along with a description of the hearing time, date and location.
7. REPEALED.Applicants for an electric TRANSMISSION LINE or gas PIPELINE which is
more than one (1) mile in length shall advertise the hear'
designated by the Board of County Commissioners for publication of notices a minimum
often (10)days prior to the hearing date. The advertisement shall contain a map displaying
the proposed alternative routes, along with a description of the hearing time, date and
location.
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8. REPEALED. (See item 1.)Refer the application to the following agencies, when deemed
applicable by the Department cent Planning Services, for re} {tea n d co m men— he
agencies named shall respond within twenty eight (28) days after the mailing of the
application by the COUNTY. The failure of any agency to respond within twenty-eight (28)
days may be deemed to be a favorable response to the proposal. Such agencies may
request and be granted additional time for review of such proposals upon approval by the
Director of Planning Services. The reviews and comments solicited by the COUNTY are
intended to provide the COUNTY with information on the proposal. The Planning
-C I II I I I solicit additional
information if such information is deemed necessary. The reviews and comments
submitted by a referral agency are recommendations to the COUNTY. The authority and
responsibility for making the decision to approve or deny the proposal rests with the
officials of the COUNTY.
a. The planning commission of any town or county whose boundaries are within three (3)
miles of the proposed site or if the proposed site is located within any town's
comprehensive planning area.
b. Department of Public Health and Environment.
c. Department of Public Works.
d. Colorado eo logi ca l S-u-r�-
e. Colorado Department-ofTransportation-.—
f. U.S. Forest Service.
Any irrigation ditch company with facilities within or ADJACENT to the site under
consideration.
h. Utility companies with underground lines which might be affected by the DEVELOPMENT.
I. Special service districts which may provide service to the DEVELOPMENT.
j. State Engineer, Division of 1'-ate-r-Reso rcea.
k. Natural Resource Conservation Service.
I. Any other agencies or individuals whose review the Department of Planning Services
deems necessary.
9. REPEALED. (See item 2.)Prepare staff comments and recommendations for presentation
at the Planning Commission hearing, addressing all aspects of the application, its
conformance with this Chapter and Chapter 22 of this Code and comments received from
referral age n-c-ies
Amend Sec. 23-2-370. Application requirements.
An adequate number of copies of the application for a Special Review Permit shall be
submitted by the applicant to the Department of Planning Services. An application for a Special
Review Permit shall contain the following information in such form as prescribed by the
Department of Planning:
14. Additional information required for ELECTRIC TRANSMISSION LINES:
a. thru 15.d. — No change.
e. A letter from each utility company indicating its intention and ability to serve the
developmentDEVELO'PM ENT.
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f. A list of the names and addresses of all the local governments and special districts
which would be affected by the DEVELOPMENT, and a statement of the anticipated
overall impact on local governments and special district service capabilities, including:
education, police protection, fire protection, water, sewer, health services and
roadSTREET/ROAD maintenance services.
g. thru i. — No change.
j. A description of any routine haul routes, identifying the roadsSTREETS/ROADS and
bridges involved and the weight of the loads.
k. — No change.
E. The names and addresses of any owner, operator, or user of any irrigation ditch, lateral, or
pipeline that traverses the property.
F. The application fee. An additional fifty (50) percent of the permit fee shall be added to the cost
of the application fee if the USE is started prior to issuance of a Special Review Permit. The
payment of the investigation fee shall not relieve any persons from fully complying with the
requirements of this Chapter, nor from any other penalties.
Amend Sec. 23-2-380. Drawing requirements for facilities plan m -plats.
A. The general drawing requirements for Facilities Plan IpsPlats for SUBSTATION
SITESsites, oil and gas STORAGE AREAS and POWER PLANT sites are as follows:
1. An adequate number of copies of these maps electronic (.pdf) version of the plat shall be
submitted concurrently with the written application.
2. M,apsIf approved, the plat shall be delineated in drawing ink own Mylar or other drafting
media approved by the Department of Planning Services. The dimensions of the map shall
be twenty-four (24) inches by thirty-six (36) inches.
3. The mapsplat shall be prepared and certified by a land surveyor registered in the State.
B. thru C.3. — No change.
4. Show the name and location of all streams, including normally dry streams, ponds or other
bodies of water, existing structures, roadsSTREETS/ROADS, bridges, irrigation ditches,
oil and gas wells, utility lines, LANDSCAPE features and easements.
5. Show the size and location of proposed STRUCTURES or associated facilities such as
access drive, PARKING AREAparki ng area, LANDSCAPED area and fencing.
6. — No change.
D. Legend. The legend shall include:
1. — No change.
2. DEVELOPMENT standards STANDARDS governing the location, design, construction
and operation of the proposed facility.
3. thru 5. — No change.
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E. Upon approval, the applicant shall submit the plat, along with all other documentation required
as conditions of approval. The plat shall be recorded in the office of the county Clerk and
Recorder by the Department of Planning Services within one hundred twenty (120) days from
the date of the Planning Commission resolution. The applicant shall be responsible for paying
the recording fee. If a Use by Special Review (USR) plat has not been recorded within one
hundred twenty (120) days from the date of the Planning Commission resolution, or within a
date specified by the Planning Commission, the Planning Commission may require the
applicant to appear before it and present evidence substantiating that the Use by Special
Review (USR) has not been abandoned and that the applicant possesses the willingness and
ability to record the Use by Special Review (USR) plat. The Planning Commission may extend
the date for recording the plat. If the Planning Commission determines that conditions
supporting the original approval of the Use by Special Review (USR) plat cannot be met, the
Planning Commission may, after a public hearing, revoke the Use by Special Review (USR).
Amend Sec. 23-2-390. Drawing requirements for utility line plan maps.
A. The general drawing requirements for Utility Line Plan Maps for ELECTRIC
TRANSMISSION LINES are as follows:
1. — No change.
2. An adequate number of copies of the electronic (.pdf) version of the alternate route map
set shall be submitted concurrently with the written application.
3. The selected route map set shall be submitted for recording after approval of a route by
the Board of county commissionersPlanning Commission.
B. and C. — No change.
D. Legend. A legend shall be included consisting of the following items:
1. Development standardsDEVELOPMENT STANDARDS governing the location, design,
construction and operation of the proposed facility.
2. thru 4. - No change.
E. Upon approval, the applicant shall submit the map, along with all other documentation
required as conditions of approval. The map shall be recorded in the office of the County Clerk
and Recorder by the Department of Planning Services within one hundred twenty (120) days
from the date of the Planning Commission resolution. The applicant shall be responsible for
paying the recording fee. If a Use by Special Review (USR) map has not been recorded within
one hundred twenty (120) days from the date of the Planning Commission resolution, or within
a date specified by the Planning Commission, the Planning Commission may require the
applicant to appear before it and present evidence substantiating that the Use by Special
Review (USR) has not been abandoned and that the applicant possesses the willingness and
ability to record the Use by Special Review (USR) map. The Planning Commission may
extend the date for recording the map. If the Planning Commission determines that conditions
supporting the original approval of the Use by Special Review (USR) map cannot be met, the
Planning Commission may, after a public hearing, revoke the Use by Special Review (USR).
Amend Sec. 23-2-400. Standards.
The Planning Commission may approve an application for site selection and construction or
expansion of a MAJOR FACILITY OF A PUBLIC UTILITY only if all applicable requirements of
this Division are met, and the applicant has shown that the application is consistent with the
following standards:
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A. thru L. — No change.
M. Where a proposed power plantPOWER PLANT is to be located in an area where a sufficient
housing supply is unavailable for the anticipated immigrant construction force, the applicant
for the location of such a facility shall present plans showing how housing will be provided for
such workers without creating major negative impacts on existing residents in the impacted
communities.
N. — No change.
O. Applicants for activities reviewed pursuant to this Division 5 as MAJOR FACILITIES OF
PUBLIC UTILITIES shall have the burden of proof to demonstrate that there is a need for the
facility within the proposed area of service, and the Planning Commission shall be satisfied
that a need exists as part of the determinations for any such permit.
Division 6 - Use by Special Review Permits for PIPELINE - DOMESTIC WATER
Amend Sec. 23-2-460. Prohibition of construction without permit.
No person shall locate or construct a PIPELINE - DOMESTIC WATER in the
Countyun incorporated COUNTY without first obtaining a Use by Special Review Permit pursuant
to these regulationsthis Division 6.
Amend Sec. 23-2-470. Duties of department of planning services.
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A. — No change.
B. Upon determination that a submitted application is complete, the staff of the Department of
Planning Services shall:
1. Refer the application to the followingapplicable agencies listed in Appendix 23-G, as
determined by the Department of Planning Services., when applicable, for review and
comment. The agencies named shall respond within twenty eight (28) days after the
mailing of the application by the COUNTY. The failure of any agency to respond within
twenty-eight (28) days may be deemed to be a favorable response —to --thee Planning
Commission. The reviews and comments solicited by the COUNTY are intended to
provide the COUNTY with information about the proposed Use by Special Review. The
Planning Commission and Board of County Commissioners may consider all such reviews
and comments and may solicit additional information if such information is deemed
necessary. The reviews and comments submitted by a referraIREFERRAL agency are
recommendations to the COUNTY. The authority for making the decision to approve or
deny the request for a Use by Special Review Permit rests with the Board of County
Commissioners.
a. The planning commission of any town or county whose boundaries are within three (3)
miles of the proposed site or if the proposed site is located within any town's
comprehensive planning area
b. Department of Public Health and Environment.
c. Department of Public Works.
d. Colorado Geological Survey.
e. Colorado Department of Transportation.
f. U.S. Forest Service.
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g. Any irrigation ditch company with facilities within the Right -of -Way or crossed by the
PIPELINE—DOMESTICWA-
h : -lit it i t co r pa n i es i-th-n-d-ergrou-n d Fines wh-i c h t be affected —by —the
DEVELOPMENT.
i. Special service districts which may provide service to the DEVELOPMENT.
j. State Engineer, Division of Water Resources.
k. Natural Resource Conservation Service.
I. History Colorado.
-nn i oIor a d o Parks and -'I i I d late -
n . Any other agencies or- n-d-iti4ua,nh i - the De party T -off Pta-n-n i n -g "8e r ices
deems necessary.
2. Prepare staff comments for use by the Planning Commission addressing all aspects of the
application, its conformance with Chapter 22 of this code and any other applicable code
provision or ordinance in effect, adopted master plansMASTER PLANS of affected
municipalities, sound land use planning practices, comments received from agencies to
which the proposal was referred and standards contained in this Chapter.
3. Set a Planning Commission hearing date and a The Board of county commissioners
hearing date. public hearing may also be set and be given legal notice and posting,
section 23-2-470.B.5 or Section 23-2-470.B.6.
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4. — No change.
5. Notice of application for a PIPELINE - DOMESTIC WATER and the public hearing dates
shall be given to surface property owners within one hundred fifty (150) feet on each side
of the centerline of the proposed preferred alignment, and to fee interest holders
(excluding mineral interests) in any real property proposed to be physically disturbed or
crossed by the activity or developmentDEVELOPMENT which is the subject of the
application. Such notification shall be mailed, first-class, no less than ten (10) days before
the scheduled Planning Commission public hearing. Such notice is not required by state
statute and is provided as a courtesy to surrounding property owners (the surface estate).
Inadvertent errors by the applicant in supplying such list, or the Department of Planning
Services in sending such notice, shall not create a jurisdictional defect in the hearing
process even if such error results in the failure of a surrounding property owner to receive
such notification.
6. Prepare staff comments and recommendations for presentation at the Board of county
commissioners hearing, addressing all aspects of the application, its conformance with
this Chapter and Chapter 22 of this code and comments received from
referraIREFERRAL 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 ;urisdictional defect in the hearing process. The date of publication
shall be at least ten (10) days prior to the hearing.
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Amend Sec. 23-2-480. Duties of planning commission.
A. The Planning Commission shall hold a hearing to consider the application for the Use by
Special Review Permit. The Planning Commission shall provide recommendations to the
Board of County Commissioners concerning the disposition of the requested Use by Special
Review Permit. The Planning Commission shall approverecommend approval of the request
for the Use by Special Review Permit only if it finds that the applicant has met the standards
or conditions of Section 23-2-480 of this Division and Chapter 22 of the Weld County Code.
The applicant has the burden of proof to show that the standards and conditions of Section
23-2-480 of this Division and Chapter 22 of the Weld County Code are met. The applicant
shall demonstrate:
1. — No change.
2. The PIPELINE - DOMESTIC WATER will not have an undue adverse effect on existing
and future developmentDEVELOPMENT of the surrounding area, as set forth in applicable
MASTER PLANS.
3. thru 7. — No change.
8. No adverse impact from stormwater runoff to the public rights of wayPUBLIC C RIGHTS -
OF -WAY and/or surrounding properties as a result of the PIPELINE - DOMESTIC
WATER.
B. — No change.
C. If the Planning Commission recommendation is conditional upon the applicant completing
certain specified items prior to the publication of the notice for the hearing by the Board of
County Commissioners, the ten-day period shall commence upon submission of the items by
the applicant to the Department of Planning Services.
Amend Sec. 23-2-490. Duties of Board of County Commissioners.
The Board of County Commissioners shall hold a hearing to consider the application for
construction or expansion of a PIPELINE — DOMESTIC WATER. The Board of County
Commissioners may approve anthe application for construction or expansion 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. — No change.
B. The PIPELINE - DOMESTIC WATER will not have an undue adverse effect on existing and
future development DEVELOPMENT of the surrounding area as set forth in applicable
MASTER PLANS.
C. thru G. — No change.
H. No adverse impact from stormwater runoff to the public rights-of-wayPUBLIC RIGHTS -OF -
WAY and/or surrounding properties as ashall result effrom the PIPELINE - DOMESTIC
WATER.
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Amend Sec. 23-2-510. Application requirements.
An adequate number of copies of the application for a Use by Special Review Permit shall
be submitted by the applicant to the Department of Planning Services. An application for a Use
by Special Review Permit shall contain the following information in such form as prescribed by
the Department of Planning Services:
A. — No change.
B. Address of the applicant and general OFFICE.
C. Summary statement of the project, to include when applicable:
1. thru 2.d. — No change.
e. Information of any public mccti ngNe iqh borhood Meeting conducted, to include the
location, date, time, attendance and method of advertising.
f. thru k. — No change.
I. A description of any haul routes to be used during construction, identifying
roadsSTREETS/ROADS and bridges involved and the weight of the loads.
m. Soils reports required for pipeline crossings or any pipeline encroaching in public right
of-wayPUBLIC RIGHT-OF-WAY, if required by the Department of Public Works.
n. — No change.
D. A certified list of the names, addresses and the corresponding Parcel Identification Numbers
assigned by the County Assessor of owners of surface properties located within 150 feet of
the PIPELINE — DOMESTIC WATER. The source of such list shall be the records of the
County Assessor, or an ownership update from a title, abstract company, or attorney derived
from such records, or from the records of the County Clerk and Recorder. If the list was
assembled from the records of the County Assessor, the applicant shall certify that such list
was assembled within thirty (30) days of the application submission date.
E. The names and addresses of any owner, operator, or user of any irrigation ditch, lateral, or
pipeline that traverses the property.
F. The application fee. An additional fifty (50) percent of the permit fee shall be added to the cost
of the application fee if the USE is started prior to issuance of a Special Review Permit. The
payment of the investigation fee shall not relieve any persons from fully complying with the
requirements of this chapter, nor from any other penalties.
Amend Sec. 23-2-520. Mapping requirements for PIPELINE - DOMESTIC WATER.
A. thru C. — No change.
D. Include a detailed map showing the approved route through the County. The approved route
shall be displayed on a 1:200 scale map. The map shall show the recorded easements for the
PIPELINE - DOMESTIC WATER. The map shall also include the location of the existing and
future right-of-way above ground appurtenances, including, but not limited to, valve sites,
laydown yards, parking and staging areas, temporary and permanent access points. The map
shall include the location of the following items which exist within the easement boundaries:
1. The physical location of the raadSTREET/ROAD.
2. All existing and future public rights-of-wayPUBLIC RIGHTS -OF -WAY.
3. thru 5. — No change.
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6. Topography at a minimum of twoten-foot contour intervals or at intervals as determined
necessary by the Department of Planning Services.
7. Identify geologic h-azard EOLOGI C HAZARD AREAS and/or floodplain
IocationsSPECIAL FLOOD HAZARD AREAS.
8. No change.
E. Include detailed drawing of pipeline at intersection of any county roadCOUNTY
STREET/ROAD, section line, or bridge. Drawings at intersections must be in plan and profile,
and shall be at a scale of 1:100 or as determined by the Department of Public Works.
PIPELINE - DOMESTIC WATER must meet the minimum requirements for cover, as
determined by the Department of Public Works.
F. - No change.
G. Development standardsDEVELOPMENT STANDARDS.
Remainder of Section - No change.
Division 7 _ REPEALED.
Sec. 23 2 550. Intent.
The intent of the Geologic Hazard Development Permit is to ensure that any proposed
BUILDING, DEVELOPMENT, STRUCTURE and USE which is to be located within the Geologic
Hazard and is subject to the requirements of said District contained in Article V, Division 2 of this
Chapter are safe from GEOLOGIC HAZARDS. A Geologic Hazard Development Permit shall not
be required if any proposed BUILDING, STRUCTURE and USE and its ACCESSORY USES are
allowed by right within the UNDERLYING ZONING DISTRICT. Any person applying for a Use by
-pec-ial Revi-e- ; a --MAJOR F I -L ITS -OF —P UB-L I C _ -` OR PUBLIC A E N-CY, Change -of
Zone, Subdivision of Land including Recorded Exemptions, and PLANNED UNIT
DEVELOPMENTS within the GEOLOGIC HAZARD shall submit his or her application for review
to tie Coloraco Geo ogica Survey. Tie applicant shall Day for a fees rec uirec by tie Colorado
Geological Survey at the time of submittal of the land use application. If the Colorado Geological
Survey determines th-at conditions and the land use request require further review, the applicant
shall apply for and obtain a Geological Hazard Development Permit before any of these
applications are considered for final -approval -by -the Board of o -u -n- ission-e a.
Sec. 23-2-560. - Adoption and amendment of map.
i
specific deficiencies.
When adopt'
Article II, Division?! of this Chapter shall apply.
Sec. 23 2 570. Duties of Department of Planning Services.
ap, the applicable -procedures in
A. The Department of Planning Services shall review the Geologic Hazard Development Permit
application and determine if the application requirements of this Division have been met by
lication is not complete as required, the applicant shall be notified of
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B. The Department of Planning Services shall notify in writing the Colorado Geological Survey
ofy -also-f o rd o p ie ref t h co m rr l e' -t -e- a -p p-lica-ti o n to a n y
other group or agency whose review and comment are deemed appropriate by the
Department of Planning Services. The group or agency to whom the application is referred
the group or agency. The failure of a group or agency to respond within twenty-eight (28) days
shall be deemed to be a favorable response to the Department of Planning Services. The
reviews and comments solicited by the COUNTY are intended to provide the Department of
Planning Services —w tharmation related to the prop. EG!_ H . D Permit. the
COUNTY may consider all such reviews and comments and may solicit additional information
if such information is deemed necessary. The reviews and comments submitted by a referral
agency are recommendations to the Department of Planning Services. The authority and
responsibility for making the decision to approve, approve subject to conditions or deny the
GEOLOGIC HAZARD DEVELOPMENT Permit application rests with the Department of
Planning Services.
C. The Department of Planning Services shall notify the applicant within forty-five (45) days, in
writingoff the action taken on the EO-LOGIC H Z RD Er
i
D. In case of disa D erova
, the Department of P
anning Services shall notify t
10
a
D
icant and
E. In case of approval, the Department of Planning Services shall affix to the application a
certification of approval of the GEOLOGIC HAZARD DEVELOPMENT Permit. This
certification of approval shall include the signature of the Department of Planning Services
authorized representative a --ti _ st of a n condt s imposed as a part of _ the GEOLOGIC
HAZARD DEVELOPMENT Permit approval and one (1) copy of the information submitted by
the applicant as a part of the GEOLOGIC HAZARD DEVELOPMENT Permit application.
Sec. 23-2- 580. - Standards.
The Department of Planning Services shall not issue a GEOLOGIC HAZARD
DEVELOPMENT Permit until it has determined that all applicable standards specified in this
Division have been met by the applicant.
A. Applicants seeking a permit to develop in a regulated GEOLOGIC HAZARD AREA must
demonstrate to the Department of Planning Services through required maps and reports that
all significant GEOLOGIC HAZARDS to public health and safety and to property shall be
minimized by using mitigating techniques. These maps and reports shall be certified by a
registered professional engineer, who shall certify that the design of the proposal ensures the
pr-ote-cti-o-nof _ human -I i e-and-pro-p-ecty from -the -adverse' ct of EO L+" T H AR -D -S- to
the greatest extent possible.
B. Any construction approved by the Department of Planning Services within a regulated
GEOLOGIC HAZARD AREA shall be supervised by a qualified professional engineer.
Engineering techniques to mitigate GEOLOGIC HAZARD conditions at the site shall be
employed.
C. Qualifications of Investigators. All geologic maps and reports required by these regulations
shall be prepared by or under the direction of, and shall be signed by, a professional geologist
as defined by Section 34-1-201, et seq., C.R.S. All engineering work required by these
regulati o ns- s -hall -be- pre pa -r -e -d --bier under - h -+e -direct -ion -of a registered professional -engineer
as defined in Section 12-25-101, et seq., C.R.S.
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D. Exemptions. These regulations shall not apply to land USES which do not involve any of the
fo-llo -i ng :
1- Fiuma-n-ha-btt-ati- n .
2. Concentration of people.
3. Potential hazards to human life or property.
Sec. 23 2 590. Application requirements.
GEOLOGIC HAZARD DEVELOPMENT Permit applications submitted for review shall
include the following information. Applications containing less than the specified requirements
Department of Planning Services written justification as to why a particular requirement does not
pertain to the proposed DEVELQPM-NIT
A. A map portraying- th-e--geolog i c co n -di ti-o-ns--c f -the- a rem wtt-h-part-i-oular attention given to _ the
specific regulated GEOLOGIC HAZARDS. The map shall be delineated in black drawing ink
o n- yUa r or other drafting-m-+ad-i• u- --approved by -the D e p a r-tment of _ Plan -n- i n g-- -e-r4 -T-he
dimensions of the map shall be twenty four (24) inches by thirty six (36) inches. The map shall
be prepared at a scale of one (1) inch equals one hundred (100) feet and shall include the
parcel in question, as well as features within five hundred (500) feet of the parcel boundaries.
The scale of the map may be reduced or enlarged upon approval of the Department of
Planning Services. Such map shall also include:
1. A certified boundary survey of the property for which application is made. Bearings and
distances of all perimeter boundary lines shall be indicated outside the boundary lines.
2. The topography of the area at ten -foot contour intervals or at intervals as determined by
the Board of County Commissioners or its authorized representative.
3. Existing STRUCTURES and LANDSCAPE features, including the name and location of
all WATERCOURSES, ponds and other bodies of water.
}1. Proposed BUILDING locations and arrangements.
5. The legend shall include a complete and accurate legal description as prescribed by the
DEVELOPMENT permit application form. The description shall include the total acreage
of the surveyed parcel.
6. Certificates.
a. Engineer's er ti-f-i-cat- -
b Sir.,__ _eyor'e Gerdcate
c: Pr-o-pe-rt rr-n-er er i-f-icate .
7. Title, scale and north arrow.
8. Date, including revisions dates if applicable.
B. A geologic report explaining the above maps with particular emphasis on evaluating and
predicting the impact of such geologic conditions on the proposed land use changes and
DEVELOPMENTS. The report shall also include recommended mitigating procedures to bo
employed in meeting the intent and purposes of this regulation. Specific requirements of such
report are listed below.
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1. GROUND SUBSIDENCE AREAS. Applications for DEVELOPMENT in GROUND
i
S
BS DENC = AR =AS shall include, but n t be krnite to, the th -o-w infor--mafi-on or
data, where applicable.
a. Amount of material removed or materials subject to volume decrease.
b. Interval between the ground surface and the location of void space or materials subject
to -volume -decrease
c. In poorly consolidated aquifers, the effect of pore fluid withdrawal.
d. In wind deposited silt (loess) areas and areas of predominantly fine grained colluvial
soils, the amount of wetting the area is subject to and its effect.
e. In areas of soluble materials, the effect of wetting.
f. In areas of underground mining, data regarding air shafts, haulage ways, adits, faults,
rooms and pillars, and final mine maps.
g. BUILDING type and proportion.
h. Pertinent geologic and hydrologic factors of the area.
i. Test hole and well log data.
j. Mitigation techniques that will be employed, including effectiveness and estimated cost
of -such -Sues.
k. Pertinent historic factors including, but not limited to, past occurrences of GROUND
SUBSIDENCE in the area proposed for DEVELOPMENT.
Division 8 = REPEALED.
Sec. 23-2-650. - Intent.
Sketch Plana-iCh-an of Zen -e -to a RU D D i str-i-c---and a P U D-Pla- u -b -o--t-h-e-provis-i-o n -s --of
Section 23 1 80.C. All proposed amendments and minor modifications to an approved PUD Plan
shall be subject to the procedures stated in this Section. When applicable, the supplemental
procedures of this Section shall also apply. All applications for a PUD District shall comply with
the provisions of Article III, Division 5 of this Chapter. The PUD District shall be subject to the
requirements contained in Articles IV and V of this Chapter. (Refer to Table 27.1 for PUD Time
Parameters.)
Sec. 23-2-660. - Preapplication conference.
Any person wanting to apply for a change of Zone to a PUD District shall arrange for a
preapplication conference with the Department of Planning Services. The applicant shall submit
a PUD sketch plan to the Department of Planning Services for review, prior to the preapplication
conference. The applicant shall submit the required information as stated in this Division.
Sec. 23-2-670. - Sketch plan application requirements.
The following completed information, data and maps are required:
A. Written documents.
1. The PUD Sketch Plan application forms and application fee.
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2. A general statement describing the concept, land uses and architectural style of the PUD
project
3. A general -statement -describing -the size and type-of--a-n-pu-b-1 i-c-a-n-d private open -space
and semi-public USES, including parks, recreation areas, school sites and similar uses.
4. A general statement which describes: the approximate number and type of residential
units, approximate n u rn-ber4leor area ; h-eig- t--nd-type--of _ busbusliq-ess;COMMERCIAL a n -d -
industrial buildings and structures; the approximate number and size of any open storage
areas; and an estimate of the number of employees for the business, commercial and
industrial uses.
5. A general statement describing the PUD source of water and type of system.
6. A general statement describing the PUD type of sewer system.
7. A general statement describing the PUD vehicular circulation system of local, collector
nd arte al -streets. The general t -nt-should include: width of road rights -of -way,
width of road surface, width of borrow ditches, type of surface, off-street parking areas,
loading zones, major points of access to public rights -of -way, and notation of proposed
ownership of the circulation system, public or private. (Design standards for streets are
listed in Chapter 24 of this code. County road classifications are listed in Chapter 22 of
this Code.)
8. A general statement describing any other proposed ci-rculation systems or- tra-i-Is, i.e.,
pedestrian, horse riding, runways or taxiways.
9. A general statement describing the plan for drainage and stormwater management.
Design Standards for Storm Drainage are listed in Chapter 24 of this Code.
10. The soils classification and description of the classification for the subject site. This
information can be obtained from the Natural Resource Conservation Service.
within the PUD site.
12. A general statement describing any existing unique features within the PUD site, i.e., oil
wells, tank batteries, irrigation ditch headgates, railroad tracks, runways, buildings,
structures, aisements and rights of way.
13. A general statement indicating whether or not any unique natural features exist on the
PUD site, i.e., wildlife areas or vegetative cover.
14. A general statement indicating whether any commercial mineral deposits are on the PUD
site
15. A general statement describing any floodplain, GEOLOGICAL HAZARD and airport
overlay district areas within the PUD site.
16. A general statement which describes the surrounding land uses within one-half (1/2) mile
of the PUD site.
17. A general description of the LANDSCAPE plan for the PUD site.
18. A general description of the proposed treatment of the perimeter of the PUD site, including
materials and techniques to be used, such as screens, fences, walls, berms and other
LANDSCAPING.
i
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B. Sketch Plan Site Map. A drawing of the PUD project at a scale of one (1) inch equals one
hundred (100)4eet, or one (1) inch equals -two -feu -n -d -re -d- (200 - e et, composed -o -o-n -1 - or
more sheets with an outer dimension of twenty four (24) by thirty six (36) inches, showing the
following information:
1. Name of the PUD project.
2. Legal description of-th--PUD site.
3. Contour lines at ten foot intervals.
/1. Title, scale and north arrow.
5. The proposed location of land uses, including approximate acreage, gross density,
num Der anc heigit of each boa of resicential unit; and a Doroximate floor area, ieight anc
type of business, COMMERCIAL and industrial buildings and structures.
6. The proposed vehicular traffic circulation system.
7. The proposed location of any other circulation system or trails.
8. The location of any existing unique features within the PUD project, i.e., oil wells, tank
batteries, irrigation ditches, water bodies, railroad tracks, easements, rights -of -way, etc.
- Th-e-aplaro- i-mate-low#i o n of -any proposed -exist -Ina features.
10. The general location of any airport overlay
districts within the PUD project.
C. Vicinity Map. The vicinity map shall be drawn at a scale of one (1) inch equals six hundred
(60-0) _ feet; -oowith-an-outer di -man -slip -II -of -Sr (24)
by thirty-six (36) inches showing the following items:
1. Existing zone districts within one-half CAA) mile of the boundaries of the PUD project.
2. The existing uses within one-half (1/2) mile of the boundaries of the PUD project.
3. The existing street and highway system within one-half (1/2) mile of the boundaries of the
PUD project.
Sec. 23 2 680. PUD sketch plan review and conference.
A PUD sketch plan shall be submitted prior to submittal of a PUD District change of zone
application. The Department of Planning Services shall review the PUD sketch. After its review,
the Department of PEa-nn g -Se ces-ma , sched •le a conference with the applicant. The purpose
of the conference is to familiarize the applicant with the PUD District change of zone procedures
and advise the applicantc f a nyf pro Iem-s discovered during the review of _ th-e- PU-D-sketch plan.
Sec. 23-2-690. - PUD District application requirements.
The following completed information, data and maps are required for a PUD Change of Zone
District.
A. Written Documents.
1. The PUD District application forms and application fee.
2. A statement describing the proposed PUD concept, land uses and architectural style of
the PUD.
i
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3. A statement which demonstrates the proposed PUD rezoning is consistent with the
policies of _ Chapter 22 of th is Code.
4. A statement _ wh-i h -demonstrates -ho- th e4J S E--,a-Ra-wed--by _ the -proposed P U D rezoning
will be compatible within the PUD District. In addition, a detailed description of how any
conflicts between land uses within the PUD District are being avoided or mitigated and
can comply with Section 23 3 420.
5. A statement which demonstrates how the USES allowed by the proposed PUD rezoning
will be compatible with land use surrounding the PUD District. In addition, a detailed
avoided or mitigated.
6. A description of each business within the PUD. A description of all buildings, structures
and open storage areas, including size, floor area and height. A description of the type of
RESIDENTIAL units within the PUD, including number of units.
7. A description of the size and type of any public and private open space and semi-public
uses, including parks, recreation areas, school sites, fire and sheriff substations and
similar uses.
8. A description of the water source and system and a statement from the representative of
the provider of the water system which demonstrates that the water supply quality and
District-with-res i de n11al-USE s -h -all be -served by--a-P--U-B L I WATER�t-n 4f -prop os i ncg
a cluster PUD, see Section 27-10-10.
9. A description of the sewage disposal facility. If the facility is a sewer system, a statement
from -the representative of -the provider of the sewer system-uti-that
the disposal system will adequately serve the uses within the PUD District.
10. A description of the functional classification, width and structural capacity of the STREET
and highway facilities which provide access to-tha- uE►-D sttrict. If the street or highway
facilities providing access to the PUD District are not adequate to meet the requirements
i
willingness and financial capability to upgrade the STREET or highway facilities in
conformance with Section 22-3-60 of this Code. This shall be shown by submitting, with
tie PUD District 230 ication, a separate m erovements Agreement describing tie
proposed road improvements and method of guaranteeing installation of said
ty-policyo-n tera! for improvements, as
well as in conformance with Section 12-5-10 et seq., and the Engineering and
Construction Standards in Appendix 12-A. The agreement shall be used for the purposes
of review, evaluation and compliance with this Section. No rezoning shall be finally
approved by the Board of County Commissioners until the applicant has submitted an
Improvements _ Agreement or contract h-ich -sets—far t-i-ems —of i-m-
guarantees and is approved by the Board of County Commissioners.
11 A soil survey and study of the site proposed for the change of zone with a statement
regarding suitability of soils -to s-upport ail -US -ES -allowed in the proposed zone. I -f _ th-e-so-H-s
survey and study indicate soils which present moderate or severe limitations to the
construction of STRUCTURES or facilities on the site, the applicant shall submit
information which demonstrates that the limitations can be overcome. This information will
be forwarded to the Colorado Geological Survey for evaluation.
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12. 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 u nc er the subject property, tie a D J icant S22 erovic e a minera resource
indicate the estimated quantity of resources and indicate 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, as defined in Section 34-1-3050), C.R.S., is contained on or under the subject
propert I-! i ; ,!! ; rw and cLto the Colorado Geological Survey for
evaluation.
i en -t flefly adopted by the COUNTY, the applicant shall submit
information which either documents how the COUNTY supplementary regulations
concerning floodplains have been satisfied or documents how the applicant intends to
meet the requirements of Article XI of this Chapter.
14. If the proposed change of zone is located within a GEOLOGIC HAZARD AREA i.. ;f
by maps officially adopted by the COUNTY, the applicant shall submit information which
either documents how the County supplementary regulations concerning GEOLOGIC
HAZARDS have been satisfied, or documents how the applicant intends to meet the
requirements of u my su-p-p-Is --ntar-regulatiio-ns on -eery G EO LOGIC
HAZARDS.
15. A sign shall be posted for the applicant on the property under consideration for a PUD
Rezoning. The--i f -n s hall --be p ostted-ad ja nt-to-and v iss-b-I-e--fro-rn----a-pu bti-d y maintained -road
right-of-way. In the event the property under consideration is not adjacent to a publicly
maintained road right-of-way, one (1) sign shall be posted in the most prominent place on
intersects a publicly maintained road right-of-way. The sign shall be posted at least fifteen
(15) days prior to the hearing and evidenced with a photograph. The sign will include the
following information:
a. PUD application number.
b. Date, place and time of public hearing.
c. Location and phone number of the public office where additional information may be
obtained.
d. Applicant's name.
e. Size of the parcel of land.
f. Type of P U D request.
g. Number of Lots.
16. 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
listall-be l ---be the records -of _ the -County Assessor, or -an -o- -e-r ri-p-u-p-d-ate 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.
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17. The written certification required by Section 24-65.5-103.3, C.R.S., if applicable. Such
certificati itted on the date of the-i -iti- l --public hearing referred to in Section
24 65.5 103(1), C.R.S.
18. An affidavit listing the names and addresses of all entities with a security interest in the
property being considered. The list shall be compiled from the title commitment issued by
and shall be current as of a date not more than thirty (30) days prior to the date on which
the application is submitted to the Department of Planning Services.
19. 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 goals, policies and standards set forth in this Chapter,
Chapter 22 of this Code and any other applicable code provision or ordinance in effect.
B. Planned Unit Development District Plat. A PUD District plat shall be delineated in drawing ink
on Mylar (not sepias) at a scale of one C1) inch equals one hundred (100) feet or one (1) inch
equals two hundred (200) feet, composed on one (1) or more sheets with an outer dimension
of -twenty -four -(24) by thirty -8i , all -owing nformat-ion
- . - f-ied-boundart'-and-tract-s-ur-vey-o-f -h-e-parcel under consideration s h owi n -g atl bearing
and distances outside the perimeter boundary lines or along tract boundary lines. The
closure error oft urve-r;F,,ay net -exceed -one in five thousand -(1 :5,000).
2. Legal descrirTption, i-n luding total area involved, as certified -by -the -surveyor.
3. Title, scale and north arrow.
/1. Date of drawing.
5. 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.
6. The proposed location of land uses by block, including block size in acres, gross density,
number and height of each type of RESIDENTIAL unit; approximate floor areas, height
and type of businesses, COMMERCIAL and INDUSTRIAL USES; and the location of
common open areas, i.e., public parks, school sites and similar USES.
of -way width, road surface width and access to public rights -of -way.
8. The location of any existing easements, rights -of -way, structures and uses within the PUD
D tri t, i-nctu4i-n-g-o-i I-we11s;-tank -batter-i es, irrigation d itch #e r -ba-d i es, railroad tracks
or dwellings.
9. The proposed location of any other circulation systems or trails within the PUD District.
C. Planned Unit Development District Vicinity Map. A PUD District vicinity map shall be
delineated in drawing ink on Mylar (not sepias) at a scale of one (1) inch equals two hundred
(200) feet, composed of one (1) or more sheets with an outer dimension of twenty-four (24)
by thirty-six (36) inches, showing the following information:
I . An ou-tl -n-e--of the -perimeter of-the-proposed-PUD District -
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i
2. Title, sca
Banc
no
a
-ow.
3. Contour lines at ten -foot intervals.
. The identification of all zone districts within one-half (1/2) mile of the boundaries of the PUD
District.
. The existing street and highway system within one half (1/) mile of the boundaries of the
PUD District, including road classification, right-of-way width and road surface width.
7. The location of any mineral resource areas within the proposed PUD District.
The l o ca fi-o-n- of -an F LOQ I- L l n a re a with-i-n t-h-e--p-r o p os ed--EUD- _strict .
9. T -he location of -an - P -E IAL—F-LOOD-H ARD-AREA within -t -h- roposed P'UD District.
10. The location of on site detention areas to be incorporated in the storm drainage systems,
including notes indicating the approximate area and volume of the facility.
11. The location of any drainage ways within the proposed PUD District.
12. The location and identification of any landscaping plans for the perimeter of the proposed
PUD District.
D. Photo Mechanical Transfer (PMT), if required.
Sec. 23-2 700. Duties of Department of Planning Services.
The Department of P anning Services sha I be responsible for processing a applications for
a Change of zone to PUD District. The Department shall have the responsibility to ensure that all
application procedures and requirements are met prior to any official action. The duties of the
Department shall be:
A. PUD Rezoning Application. Upon determining that the Change of zone to a PUD District
application meets the submittal requirements of Section 23 2 690 above, the Department of
Planning Services shall institute the Change of zone procedures in Section 23-2-20 above,
with -the exception of -sign posting-which-is--fi-ft n- f1-5)- i-or to -h -ea ri ng .
B. The Department of Planning Services shall provide a recommendation to the Planning
Commission concerning the disposition of the requested Change of zone to a PUD District.
Sec. 23-2-710. - Duties of Planning Commission.
A. The Planning Commission shall hold a public hearing to consider an application for a change
of -zone to a PUD District.
B. The Planning Commission shall hold a hearing to consider the application for the change of
zone to a PUD District. Articles IV and V of this Chapter, when applicable, may also be
reviewed concurrently. The Planning Commission shall provide recommendations to the
Board of County Commissioners concerning the disposition of the requested change. Such
recommendations shall be made within sixty (60) days of the initial hearing date. The Planning
haUl r co m m s n_d-_ap_provv-a l of the request -for -the c h a n-ge-o f e-of--a-P U D D i stri ct
only if it finds that the applicant has met the applicable requirements or conditions of
Subsection C below and Sections -23-2-690 and 23 -2 -770 -of this D ivisi-o- The a p p l ,a -n -t -h- s
the burden of proof to show that the standards and conditions of Subsection C below and
Sections 23-2-690 and 23-2-770 are met. The applicant shall demonstrate:
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1. That the proposal is consistent with the Chapter 22 and any other applicable code
provision or ordinance in effect.
2. That _ the US -whtch would be allowed in -the -proposed PUD District ill conform with the
i
A.
3. That the USES which would be permitted shall be compatible with the existing or future
DEVE E NT -of _ the su-rraun-cling area as permitted b th---e isti ' ng, and wit h -t e
future DEVELOPMENT as projected by Chapter 22 and any other applicable code
provision or ordinance in effect or MASTER PLANS of affected municipalities.
4. That -adequate- -ter nd rvice w41 be made available -to the site to -serve the
USES permitted within the proposed PUD District. A PUD District with residential USES
shall be served by a PUBLIC water system.
5-That--ST-RE-ET or -high -w -a ci-life-provi4Un- a cce&s- to- t --h e property -are adequate -in
functional classification, wicti i and structural capacity to meet the traffic recuirements irements of
the USES of the proposed zone district. In the event that the STREET or highway facilities
are not adequate, the applicant shall supply information which demonstrates the
willingness and financial capability to upgrade the street or highway facilities in
conformance with--Secti-o-n- 2-3- ftb Cofli-s-shall-b-e-s-h-ow u -i-tti ng it -
the PUD District application, a separate proposal for off -site road improvements. This
proposal-sh-aUl describe, in detail, the -type of off -site -road Improvements -t
requirement for STREET or highway facilities providing access to the property has been
satisfied. The method of guaranteeing the installation of proposed off -site road
improvements shall be described as part of any off site road improvement proposal. The
method of guarantee shall conform with the COUNTY's policy regarding collateral for
improvements. An off site road improvement proposal shall be used for the purpose of
determining compliance with this Section.
6. That there has been compliance with the applicable requirements contained in Section
23-2-30 A: ►--of _ this -Chapter regarding overlay dist-ri cts ,mm er-oi--at-m-i-n er--al-deposits- a-nci
soil conditions on the subject site.
C. Tie Secretary of tie P anning commission shal forward the official recommencation of tie
Planning c o mm sTo-n-and the information- contained in the official -re cor hri h i-nclu d es the
Department of Planning Services case file, to the Board of County Commissioners within ten
(10) days after said recommendation has been made.
D. If the Planning -Con -miss' i conditional upon the applicant completing
certain specified items prior to the publication of the notice for the hearing by the Board of
county commissioners, then the ten-day period shall commence upon submission of the
items by the applicant to the Department of Planning Services.
0. --Duties of Board of- unty-- -mm iss i o ne-rs.
The Board of county co m m-issin-ers s a I hotc a pub i-c heari-ng to consider al a p o i cati o n for
a change of Zone to a PUD District. The Board of county commissioners shall not approve
any PUD app-i-Caton-w1 h -out- ritteti-cons of the landownerties are included
within the PUD District.
B. Upon receipt of the Planning Commission's recommendation, the Board of county
Comm' ; ; -all institute the procedures contained--i-n Sact 1 o n-2-3--2-40 A of this- a a peer
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C. The Board of county commissioners shall hold a public hearing to consider the application
and to take -final actJow thereon. The Board of -Count ,ins r I make a decision
proposed change of zone, the Board of county commissioners shall consider the
recommendation of the Planning m-mis,nn, 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 to a PUD District only if it finds that the applicant has met the applicable
req-u ant or conditions of this Section and Section 23-2-690 of -this Division. The applicant
has the burden of proof to show that the standards and conditions of this Section and Section
23-2-690 are met. The applicant shall demonstrate:
1. That the proposal is consistent with Chapter 22 and any other applicable code provision
or ordinance in effect.
2. That the USES which would be allowed on the subject property will conform to the
Performance Standards of the PUD District contained in Section 23-3-420 of this Chapter.
3 That the U S ESw h ou _ Id be permit tible-with-the-existing-or-future
DEVELOPMENT of the surrounding area as permitted by the existing zoning, and with the
provision or ordinance in effect, or MASTER PLANS of affected municipalities.
4. That adequate water and sewer service will be made available to the site to serve the
USES permitted within the proposed zone district. A PUD District with residential USES
shall be served by a PUBLIC water system.
5. That STREET or highway facilities providing access to the property are adequate in
the USES of the proposed zone district. In the event that the STREET or highway facilities
are not adequate, the applicant shall supply information which demonstrates the
' ging n ess and f i n-ancial c a --p a b ility to upgrade the street or -highway facilities i-n
conformance with Section 22-3-60 of this Code. This shall be shown by submitting, with
th-e-F U-D--District--a-p pIt ti -e -n , a separate proposal for -off -site road i m -p rove men-ts. This
proposal shall describe, in detail, the type of off site road improvements to determine if the
requirement for STREET or highway facilities providing access to the property has been
satisfied. The method of guaranteeing the installation of proposed off site road
improvements shall be described as part of any off -site road improvements proposal. The
method of guarantee shall conform with tie COUNTY's policy regarding collateral for
improvements. An off -site road improvement proposal shall be used for the purpose of
determining compliance with this Section.
�h at _ there -has-been compliance -with _ tb-e---appfi ca bE-e--require men ts-contain-ed4n S- t-i o n
23-2-40 B.5 of this chapter regarding overlay districts, COMMERCIAL MINERAL
DEPOSITS and soil conditions on the subject site.
that decision shall be drafted and signed. A record of such action and a copy of the resolution
will be kept in the files of the Clerk to the Board.
E. Tie Boarc of county commissioners sia arrange for tie C er< to tie Boarc to recorc tie
resolution and, if the proposed change of zone to a PUD is approved, the Department of
Planning Services shall arrange for the county Clerk and Recorder to record the rezoning
a
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F. The Change of zone to a PUD District shall be immediate upon the voting by the Board of
C-cti��n_t `rim- s�►or; rs. However, no bui inr1 "1 r te; F5 b i c nc no
DEVELOPMENT started within a PUD District until a PUD Plan is adopted and recorded by
the Department of Planning Services.
Sec. 23-2-730. - PUD Plan application requirements.
An applicant may submit an application for a PUD Plan, provided that the PUD Plan is located
within an existing PUD District. A PUD Plan may encompass all or part of a PUD District. The
uses shall be identical to those located and described on the PUD District Plat. The following
completed information, data and maps are required unless waived by the Department of Planning
Services.
A. Written Documents. A copy of a certificate of title issued by a title insurance company or an
attc rney1s op i-n ion -of t h o t itl wh i h-sh- ll set forth -t -he -names -of all -owner of -pro p-erty-i-n-clud ed
in the PUD Plan. The list shall include all mortgages, judgments, liens, easements, contracts
and agreements-o-wiici shall affect the property -in _ the PUD Planif �i gk7T L -T T
the attorney's opinion or certificate of title discloses any of the above, then the holders or
owners of such mortgages, judgments, liens, easements, contracts or agreements shall be
required to join in and approve the application before the PUD Plan shall be acted upon by
the Board of County Commissioners.
B. A certificate of title or an abstract of title covering all PUBLIC dedications. When the applicant
is to dedicate land for schools, roads, parks or other PUBLIC purposes, a letter of intent from
the appropriate PUBLIC agencies stating that the dedicated lands will be accepted.
C. A warranty deed or other suitable document ready to execute which deeds to the appropriate
PUBLIC body all lands other than STREETS which are to be held for or used for PUBLIC
purposes.
D. Certificate from the County Treasurer showing no delinquent taxes on the property of the
proposed PUD Plan.
E. Certificate from a qualified engineer responsible for the design of the utilities.
Commissioners to govern the future use of all land in the PUD site.
O. An Improvements Agreement According to Policy Regarding Collateral for Improvements.
This form is provided by the Department of Planning Services and shall adhere to the
procedure as outlined in Section 2-30 of this Code. The applicant must complete this form
to slow t`l-e i-m Drovements teat tie a D ] icant is recuirec to construct anc tie type of co atera
which will guarantee installation of improvements. If street or highway facilities providing
access to —the property —were determined adequate at th P U - D istri-ct--a-p-pltcati-o-n—stage
because the applicant proposed separate off -site road improvements in order to comply with
Section 23-2-720 C.5, a separate off -site road Improvements Agreement proposal shall be
submitted. Tie off site roac improvement proposal sha I describe, in c etai , the type of off site
road improvements to determine if the requirement for STREET or highway facilities will be
a d e qua# -i-n fu n ct i o n a l classification,i d th am' s tru ctu-ral capacity to meet the tra-ff i s
requirements of the proposed zone district. The method of guaranteeing the installation of off -
site road improvements shall be described as part of the agreement. The method of guarantee
shall conform with the COUNTY's policy regarding Collateral for Improvements. Prior to
approval of any PUD, the applicant shall demonstrate a completed Access Permit, pursuant
to Section 12 5 10 et seq., including any required Improvements Agreement.
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H. A statement which summarizes the total area of the PUD Plan. This includes the total number
of buildings and -STRUCTURES -of a particular type expressed in -units. The total -amount of
commercial and industrial floor space in square feet. The total number of off STREET parking
supporting documents requested by the Department of Planning Services which summarizes
the total area of the PUD Plan.
I. A statement describing how each BUILDING and STRUCTURE will be used or operated. This
includes the volume of business expected to be conducted at any COMMERCIAL or industrial
ex pest e d to --w rl i T a n y C O MME-RCI AL o r-i n4u stria I-estala Us-hmn-e n t h- -n-u m be not DW E LL I I
UNITS in each BUILDING, the number of parking spaces and any other information which
woul-d-assist in determiningthe-USES of _ the -BUILDINGS and STRUCTURES artd the
compatibility of those USES within and adjacent to the PUD.
J. A statement which describes any proposed treatment, buffering or SCREENING between
USES, BUILDINGS or STRUCTURES in order to achieve compatibility. A statement which
describes the proposed treatment of the perimeter of the PUD, including materials and
techniques used, such as screens, fences, walls, berms and other LANDSCAPING.
and semi public uses, including parks, recreation areas, school sites and similar uses.
L. A statement detailing how any COMMON OPEN SPACE will be owned, preserved and
maintained in perpetuity.
M. A copy of all covenants, grants of easements or restrictions to be imposed upon the use of
the land, BUILDINGS and STRUCTURES.
N. A PUD Plan construction schedule showing the approximate dates when construction of the
DEVELOPMENT is proposed to start and finish. This shall describe the stages in which the
DEVELOPMENT will be constructed, the number of BUILDINGS or STRUCTURES, and the
amount of COMMON OPEN SPACE to be completed at each stage.
include the estimated construction cost and proposed method of financing of the street and
related facilities, water distribution system, sewage collection system, floodplain protection,
P. When a proposed STREET intersects a state highway, a copy of the state highway permit
shall be provided.
Q. A copy of agreements signed by agricultural irrigation ditch companies specifying the agreed
upon treatment of any problems resulting from the location of the ditch.
R. Geologic maps and investigation reports regarding area suitability for the proposed PUD
DEVELOPMENT. The maps and reports will be furnished to the Colorado Geological Survey
Division -for review -ant evalu-ati-o-n
S. 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
h -u -n d -red -(50 ) --feet of the property -subject _ to the -application. The source ooh-l-ist a-tl-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.
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T. The written certification required by Section 24-65.5-103.3, C.R.S., if applicable. Such
ubm+tted on the date of the init-i -l-laublic hearing referred to in Section
24 55.5 103(1), C.R.S.
U. A sign shall be posted on the property under consideration for the PUD Plan. The sign shall
be posted by the Department of Planning Services, which shall certify that the sign has been
The sign shall include the following:
1. PUD application number.
2. Date, place and time of -public hearing.
&--Location--an-d-ph n b- r of _ t-h-e--pu-b-I i c office where additional—i-nform-ati-o-n--m--a- --b-e
obtained.
. Applicant's name.
5. Size of the parcel of land.
6. Type of PUD request.
7. Certificate of Conveyance within thirty (30) days of application submittal.
Sec. 23-2-740. - Illustrations.
Illustrations of the proposed architectural style for the PUD. The illustrations shall show
layout, profile, computations and design detail of all BUILDINGS and STRUCTURES. In addition,
the materials, color, scale and coordination of BUILDINGS and STRUCTURES with surrounding
land uses shall be described. The design objectives of the PUD Plan and architectural style must
be clear and supported by a written statement.
Sec. 23-2-750. - Maps.
A. A utility plan map shall consist of a drawing of the PUD project at a scale of one (1) inch equals
on-e-hun4red-- f tUU)-feet-cir-one (1-)4nch-equ a I s -two -h -u n d re d (200> _ f ie et -,m posed -ofone -
or more sheets with an outer dimension of twenty-four (24) by thirty-six (36) inches showing
t-h--foil-awing i nformati-on :
-1,A-utility-plan-showing the easements -for --water, sewer, electric, gas, telephone and any
other utilities within the PUD. Easements shall be designed to meet the provisions of
Chapter 24 of this Code for easement standards.
2. A-u-Plity service -statement block shall -wear on ho rni p. Th bIoo h �l identify
special district, municipality or utility company intended to service the PUD. The block shall
include:
a. The name of the utility.
b. A dated signature and statement from the utility's representative indicating one of the
following: (1) service is available; (2) service is available subject to specific conditions;
or (3) service is not available for the PUD. In the event number (2) is indicated, the
specific condition shall be described.
E. Plans, profiles and typical cross-section drawings of STREETS, bridges, culverts and all
drainage detention areas and STRUCTURES. These STREETS, bridges, culverts and other
crainage structures sia be cesignec anc constructec to meet tie recuirenents of tie County
Construction Standards and Chapter 24 of this Code. Pavement design computations and
d-ra I n a god - .I n-com-puta-t ion -s -hall -a -1 obe;hm-i t1e d i n g cc ordance-with-Chap-ter 24.
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C. A grading and drainage plan map shall consist of a drawing of the PUD District and project at
a scale -of one (1) inch e 400) feet or one (1) inch--aq-uals two hundred
(200) feet, composed of one (1) or more sheets with an outer dimension of twenty four (24)
by thirty-six (36) inches showing the following information:
I. A grading and drainage plan indicated by solid line contours superimposed on dashed line
contours of existing topography for the area of the Fina Plat. Such contours shal be at
two -foot intervals for predominant ground slopes within the tract between level and five -
percent grade and five foot contours for predomi
five -percent grade.
2. All WATERCOURSES on the property must be shown. In addition, all SPECIAL FLOOD
HAZARD AREAS must be delineated.
3. All drainage ways, streets, arroyos, dry gullies, diversion ditches, spillways, reservoirs,
etc., which may be incorporated into the stormwater management system for the PUD
shall be designated.
4. All irrigation ditches and laterals shall be shown.
5. All required on site detention areas, including notes indicating the area and volume of the
facility.
including the name of the drainage way (where appropriate), the downstream conditions
and any downstream restrictions.
7. Drainage design computations shall be submitted in accordance with Chapter 24 of this
Code.
D. A LANDSCAPE plan map consisting of an overall map with detail design areas of interest at
a scale of one (1) inch equals twenty (20) feet or one (1) inch equals forty 0010) feet and PUD
Plan at a scale of one (1) inch equals one hundred (100) feet or one (1) inch equals two
hundred (200) feet, composed of one 01) or more sheets with an outer dimension of twenty
four- - -by-thrte- Inches, showing the -fallowing information:
1. A LANDSCAPE plan indicating the treatment of exterior spaces. The design objective of
the plan must be clear and supported by a written statement. The plan must provide an
arniStity and variety of ornamental -plant species- h-1ch re -r ardsd-a--su-ita b e-fo-r
this climate. LANDSCAPE treatment must be balanced with both evergreen and
deciduous plant material with sufficient use of upright species for vertical control. Plant
material selection will be reviewed for adaptability to physical conditions indicated by site
plan locations. The LANDSCAPE plan shall include the following:
a. Extent and location of all plant materials and other LANDSCAPE features. Plant
material must be identified by direct labeling on the plant or by a clearly
understandable legend.
b. Flower and shrub bed definition must be clear and drawn to scale with dimensions.
c. Species and size of existing plant materials.
d. Proposed treatment of all ground surfaces must be clearly indicated (paving, turf,
gravel, grading, etc.).
e. Location of water outlets. If areas of planting are extensive, plans for an underground
sprinkler system or suitable alternative will be required.
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f. Plant material schedule with common and botanical names, sizes, quantities and
method of transplant. Plants -must be sized according to the following -Table 23.2:
Table 23.2
Plant Material Sizes
Ty -p e
Size
Standard deciduous trees
1%"
to 2W caliper
small ornamental & flowering
1,�
", to 1
caliper-
trees
,",
Evergreen trees
6' in height
Shrubs
Adequate size to be consistent with design intent, 5
gallon
can minimum
g. All plant material must meet specifications of the American Association of Nurserymen
(AAN) for No. One grade. All trees must be balled and burlaped or the equivalent.
2. No building permit shall be issued for any building or any portion of a PUD until the
landscaping required by the LANDSCAPE plan map is in place or an Improvements
Agreement which complies with the requirements in Chapter 24 of this Code has been
executed, guaranteeing said landscaping.
E. The final PUD Plat shall be prepared according to the following submission requirements. This
map shall be in drawing ink on Mylar or other material acceptable to the Department of
Planning Services. The dimensions of the map shall be thirty-six (36) inches wide by twenty-
four (24) inches -high, and prepared-at--a-scale of one (1) inch equals one hundred (100) feet
the following information:
1. Title, scale and north arrow.
2. PUD Plan application number and name.
3. The date of the drawing with adequate space for revision dates.
address of owner of record.
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5. Outline of the proposed PUD Plan's perimeter, and a certified boundary and lot survey of
the -parcel under considprati n, ring -s and distances outside the perimeter
boundary lines or along the lot boundary lines. When the parcel is bounded by an irregular
shore line or a body of water, the bearings and distances of a closing meander traverse
should be given and a notation made that the plat includes all land to the water's edge or
otherwise. On curved boundaries and all curves on the plat, sufficient data shall be given
to enable the reestablishment of the curves on the ground. This curve data shall include
the following for circular curves: (1) radius of curve, (2) central angle, (3) tangent, (4) arc
length, and (5) natal
6„ -Lot -area -in -square feet -or acres if _ larger than-on4)--acre-J ot--a n-d-bIock d el i n eat+ed-a-n-d
numbered consecutively, existing and proposed future street layout in dashed lines and
sstinr� TREET in lid lines for any portion of adjacent land -not sect to the current
PUD Plan Application.
7. Location and description of uses by block or lot, if different uses are located within the
block.
8. Location, description- a-n-d-dtm e nsi o ns of all pr a n e is -ti n -g--- OMM-E-F SAL and -
office BUILDINGS, STRUCTURES, open storage areas, STREETS, PARKING LOTS,
COMMON OPEN SPACE, signs, lighting, advertising devices and any other development,
improvement or feature within the PUD Plan's boundary.
9. Location and description of FLOOD and GEOLOG
C
AZARD AREAS.
10. Location and description of proposed SCREENING, buffering and LANDSCAPE.
11. Location and description of proposed sites to be reserved or dedicated for parks,
playgrou-nds, schools and other public USES.
12. Location, description and dimensions of all existing and proposed utilities, easements,
rights -of -way, waterways and other drainage systems, and any other significant features,
Dartment-of-Planning Service .
-13. Parcels r of contiguous shall -not be i n-tud-ed--i-n-o-ne--('l)-plat, _ nor--hall--more than -one --(1)
plat be made on the same sheet. Contiguous parcels owned by different parties may be
in one (-1-)-plat, provide- that ail owners join in --the dedication and
acknowledgment.
F. The following certificate blocks shall appear on the plat and shall be completed at the
appropriate time:
1. Surveyor's certific-at -
2. Certificate of Approval by the Planning Commission.
3 -Certificate of Approval by the Board of County- ioners.
4. Certificate of dedication, ownership and maintenance by parcel owners regarding
COMMON OPEN SPACE, dedication of rights -of -way, easements and other public
pro pert-i-nterest-s-an-d-rn a i n te-n-an-ce--th-ereof.
Sec -2- 0. - Duties of Department -of Planning -Services.
The -Department of -Planning -Services shall -be responsible -for processing -all -applications for
a PUD Plan. The Department shall have the responsibility to ensure that all application
procedures and requirements are met prior to any official action. The duties of the Department
shall be:
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A. Planned Unit Development Plan. The Department of Planning Services shall ensure that a
proposed PUD-Plan is located- i-t h ill I s ri-ct Upon -d term-i-ning _ that the applicant -has
met the PUD Plan submittal requirements in Section 23 2 730, the Department shall institute
the applicable procedures under Section 23-2-20 of this Chapter.
B. The Department of Planning Services shall provide a recommendation to the Planning
Commission concerning the disposition of the requested PUD Plan.
Sec. 23 2 770. Duties of Planning Commission.
The Planning Commission shall hold a public hearing to consider a PUD Plan application.
The Planning Commission shall provide recommendations to the Board of County Commissioners
concerning the disposition of the requested PUD Plan. Such recommendations shall be made
within sixty (60) days of the initial hearing date. The Planning Commission shall recommend
approval of the -request -for -the PUD-Plan-on-1-if _ it _ f i n ds #trot- th-e-,a-p-plican-t _ h- n t _ th-e--appti ca b l e
requirements or conditions of this Section and Sections 23-2-730, 23-2-740 and 23-2-750 of this
h-a-ptar. The a p-pl1 -nt--has-t h e --burden of proof _ to--s--h tt tan r nd .n-d1ti o n s of -t -h -is and Sections 23 2 730, 23 2 740 and 23 2 750 of this Chapter are met. The applicant
shall demonstrate:
A. The proposal is consistent with Chapter 22 of this Code and any other applicable code
provision or ordinance in effect.
B. The PUD Plan conforms to the PUD District in which it is proposed to be located.
C. The USES, BUILDINGS and STRUCTURES which would be permitted shall be compatible
Ith the y►sl nrrr fi it;�r I-1� OPMENT of the surrounding
existing zoning, and with the future DEVELOPMENT as projected by Chapter 22 of this Code
municipalities.
D. There has been conformance with the Performance Standards outlined in Section 23 3 420
of this Chapter.
E. There will be compliance with Article V and Article XI of this Chapter if the proposal is located
within any Overlay District Area or a Special FIB Hazard Area idenfifi-ed by maps off'
adopted by the County.
F. There has been compliance with the submittal requirements of the PUD Plan, and the PUD
Plat and the supporting documents satisfy the legitimate concerns of the Planning
Commission.
G. The Secretary of the 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 re co m m-e-n-dti-o-n-h--assn m
H I the Plan--ntn g Commission's recommendation co n d iti-on al upon- th-e-appf
certain specified items prior to the publication of the notice for the hearing by the Board of
items by the applicant to the Department of Planning Services.
Sec. 23-2-780. - Duties of Board of County Commissioners.
After receipt of the Planning Commission's recommendation, the Board c county
Commissioners shall:
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A. Set a public hearing to take place within forty-five (45) days, for consideration of the proposed
PUB -Plan.
B. Arrange -for legal -notice of said hearing -to -be -published once -in -the -newspaper d es ig-nated-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 PUD Plan is proposed. The failure to publish the second
notice shall not create a jurisdictional defect in the hearing process. The date of publication
shall be at least thirty (30) days prior to the hearing.
C. Arrange for the Department of Planning Services to post a sign on the property under
consideration for the PUD Plan according to the requirements of Section 23-2-20 B.5 of this
Chapter.
D. The Board of County Commissioners shall hold a public hearing to consider the application
and to take final action thereon. The Board of County Commissioners shall make a decision
of _ the -Planning Commission--he-facts presented at-the-public--hear-i g -a -n d-th e4ntor m at-i-o-n
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 PUD Plan only if it
finds that the applicant has met the applicable requirements or oo-n-d1t1ons of this etic>n
Sections 23-2-730, 23-2-740 and 23-2-750 of this Chapter. The applicant has the burden of
proof to show that the standards and conditions of this Section and Sections 23 2 730, 23 2
740 and 23-2-750 of this Chapter are met. The applicant shall demonstrate:
1. The proposal is consistent with Chapter 22 and any other applicable code provision or
ordinance in effect.
2. The proposed PUD Plan conforms to the PUD District in which it is proposed to be located.
3. The USES, BUILDINGS and STRUCTURES which would be permitted shall be
compatible with the existing or future DEVELOPMENT of the surrounding area as
permitted by the existing zoning, and with the future DEVELOPMENT as projected by
Chapter 22 and any other applicable code provision or ordinance in effect or MASTER
PLANS of-a-ffecte-d-mu-n-i c ipa l -ti- .
4. There has been conformance with the Performance Standards outlined in Section 23 3
420.
5. There has been compliance with Article V of this Chapter if the proposal is located within
any Overlay District identified by maps officially adopted by the COUNTY.
6. There has been compliance with the submittal requirements of the PUD Plan, and the
PUD Plan Plat and the supporting documents satisfy the legitimate concerns of the Board
of County Commissioners. No PUD Plan Plat shall be recorded with the County Clerk and
Recorder and no building permit shall be issued for the PUD Plan until the Board of County
Commissioners has approved all improvement agreements guaranteeing the installation
and type of improvements, including a separate off site road improvement agreement if
applicable. All agreements must be made in conformance with the policy regarding
cal -lateral -for'• i-mp-rov-sets.
E. After the Board of County Commissioners makes its final decision, a resolution setting forth
the Board's decision shall be drafted and signed. A record of such action and a copy of the
resolu ti -o -n hall be-kept-i n -the files of the -Clerk -to -the -Board.
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F. The Board of County Commissioners shall arrange for the County Clerk and Recorder to
record the resoUu#-n--an the proposesuD-Pfen if it is approved. No building permits shalt
be issuec unti the PUD Pan 1as been recorc cc anc a Site Pan Review Application 1as been
approved by the Department of Planning Services.
Sec. 23-2-790. - Supplemental procedures and requirements.
A. Amendment to a PUD District. Each approved PUD District is considered unique, and the
uses described by block and/or lot within a PUD District shall only be amended by applying
for a change of zone to a new PUD District. These procedures are contained in Section 23-2
690 above.
t to a PUD Plan. Any request to make a major change to an approved PUD Plan
shall be processed as a new application for a PUD Plan under Section 23-2-730 above. This
mayi-ncLu4e-,but -riot-b-e4i m i-t-e to, req u ests for vacating -all o rpart- -o- n a p proved- U D-PIan-
for the purpose of major redesign or major corrections. The Department of Planning Services
may- requirements which -do not pertain to the-p-ro pose d major -c -h a ng e to the
PUD Plan.
C. Minor Modifications to a PUD Plan. The Department of Planning Services may approve minor
modifications to a PUD Plan. The applicant shall prove to the Department that the minor
modification is required by engineering or other circumstances not foreseen during the
approval of the PUD Plan. The Department shall not approve a minor modification if that
modification does not conform to the PUD District.
D. Correction to a PUD Plat. The Board of County Commissioners may, without a hearing or
compliance with any of the submission, referral or review requirements of the PUD Plan
regulations, approve a correction to a PUD Plan if the sole purpose of such correction is to
correct one or more technical errors in an approved PUD Plan and where such correction is
co n s i te-n t with -its -approved RU-D-D-i str-i-ct
E. Failure to submit a PUD Plan. If no PUD Plan application is submitted within three (3) years
of the date of the approval of the PUD District, the Planning Commission shall require the
1 ew-ner-to appear before it and present evidence substantiating _ that the PUD project has
not been abandoned and that the applicant possess
with the submittal of the PUD Plan. The Planning Commission may extend the date for the
that the PUD has not been abandoned. If the Planning Commission determined that conditions
or statements made supporting the original approval of the PUD District have changed or that
the landowner cannot implement the PUD Plan, the Planning Commission shall recommend
to -t h e Board - f -County Co m min e rs that the RU --D i stri-c-ap-p-ro l -be -re -ked-. If- oard
of County Commissioners agrees after a public hearing, the Board of County Commissioners
may revoke the PUD District and order the recorded PUD District reverted to the original zone
district.
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F. Failure to commence a PUD Plan. If no construction has begun or no USE established in the
h-i-n one (13 -year of the date of the approval of hePU Plan, the —Planning Comm .
may require the landowner to appear before it and present evidence substantiating that the
i
ability to continue the PUD. The Planning Commission may extend the date for initiation of
the PUD construction and shall annually require the applicant to demonstrate that the PUD
has not been abandoned. If the Planning Commission determines that conditions supporting
the original approval of the PUD Plan have changed or that the landowner cannot implement
the PUD Plan, the P nnin `rrr-r,mi ci
the Board of County
Commissioners that the PUD Plan approval be withdrawn. If the Board of County
Commissioners agrees after a public hearing, the Board may revoke the PUD Plan and order
the recorded PUD Plan vacated.
G. Enforcement of the PUD Plan. The PUD Plan's construction schedule and the maintenance
of COMMON OPEN SPACE shall be enforced as follows:
1. The construction and provision of all COMMON OPEN SPACE, public utilities and
recreational facilities which are shown on the PUD Plan shall proceed at a rate which is
no slower than the construction of residential, commercial or industrial BUILDINGS and
STRUCTURES. Periodically, the Planning Commission or its representative shall
compare the DEVELOPMENT to date with the approved construction schedule.
2. All DEVELOPMENTS shall meet the requirements herein set forth and no final plan shall
be approved that does not meet these requirements.
3. The developer shall submit a legal instrument setting forth a plan providing for the
permanent care and maintenance of OPEN SPACE, recreational areas and commonly
owned facilities and PARKING LOTS. The same shall be submitted to the County Attorney
and shall not be accepted until approved as to legal form and effect. If the COMMON
OP —EN —SPACE is deeded _ to —a —homeowners' o meo- ners' association,the a p ply t -sal-I—file- -he
proposed documents governing the association. Such documents shall meet the following
requirements:
a. The homeowners' associati-o-n-must-be established before any residences are sold.
ust be -mandatory for• -each -owner,
c. OPEN SPACE restrictions must be permanent and not for a period of years.
d. The homeowners' association must be made responsible for liability insurance, taxes,
and maintenance of recreational and other facilities.
e. The association must have the power to levy assessments which can become a lien
common facilities.
f. If the organization established to own and maintain common open space, or any
successor -organization, faHs s to ma i ta-i n -t -h e common -open -space in -reasonable -order
and condition in accordance with the approved PUD Plan, the following action may be
taken:
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1) The Board of County Commissioners may serve written notice upon such
organization or upon the -owners or residents of the PUD setting forth that the
organization has failed to comply with the PUD Plan. Said notice shall include a
thereof. A hearing shall be held by the Board of County Commissioners within
fourteen (14) days of the issuance of such notice, setting forth the time, date and
place of heciring. The Board of County Commissioners may modify the terms of
the original notice as to deficiencies and may give an extension of time within which
they -shall -be -rectified
2) if -h-e- -dsf i ci e n-ctes--set-fo-rt-h i n- th-e-oorigi-al-r-otice or in -the -modifications th e reo-f are
not rectified within thirty (30) days or any extension thereof, the Board of County
(�nmmi�ei
vvr�rrrrr�vi
—ifs order to preserve the values of the properties witht he PUD
and to prevent the COMMON OPEN SPACE from becoming a public nuisance,
may enter upon said COMMON OPEN SPACE and maintain the same for a period
of one (1) year. Said entry and maintenance shall not vest in the PUBLIC any rights
to use the COMMON OPEN SPACE except when the same is voluntarily dedicated
ted by the Board of County
Commissioners. Before the expiration of said one-year period, the Board of County
Commissioners shall call a public hearing -to consider the necessity of continuing
such maintenance for a succeeding year. Notice of the hying shall be given, in
writing, not less than thirty (30) days and not more than sixty (60) days prior to this
hearing to the organization normally responsible for the maintenance of the
COMMON OPEN SPACE and to the owners or residents of the PUD. If the Board
of County Commissioners determines that such organization is not ready anc ab e
to maintain said COMMON OPEN SPACE in reasonable condition, the Board of
Gnu rs---m-ay-oo-nt-i-n-u-e-�tt-o-maintain-s d---MMQN--Q-P-EN SPACE
during the next succeeding year, and shall be subject to a similar hearing and
determination in each year thereafter.
3)- Th--e-cost of sou mai-n#e-sna-n cue -bye # h -e Boer -d --of Cou ion -ors shall be
of the COMMON OPEN SPACE, and any unpaid assessments shall become a tax
lien on said properties, pursuant to Section 24 67 105, C.R.S.
H. Monuments. Permanent reference monuments shall be set on the PUD according to Chapter
24 of this Code and Section 30-51-101, et seq., C.R.S.
Division 9 - Fees
Amend Sec. -2.900. Fees established.
Fees for all Land Use Permit Applications provided for in this Chapter shall be established by
resolution of the Board ofition with a hear -process that will
consist of a ten-day public notice prior to the Board of County sioners-ri . Notice of
said hearing shall be published once in the newspaper designated by the Board of County
Commissioners for pu-bt+cati-can of n-o~ti-c. Fees shall be collected in accordance with this Division
9 and Section 5-7-10 of this Code.
Remainder of Division — No change.
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ARTICLE III - Zone Districts
Division 1 - A (Agricultural) Zone District
Amend Sec. 23-3-10. Intent.
Agriculture in the COUNTY is considered a valuable resource which must be protected from
adverse impacts resulting from uncontrolled and undirected business, industrial and residential
land USES. The A (Agricultural) Zone District is established to maintain and promote agriculture
as an essential feature of the COUNTY. The A (Agricultural) Zone District is intended to provide
areas for the conduct of agricultural activities and activities related to agriculture and agricultural
production, and for areas for natural resource extraction and energy development, without the
interference of other, incompatible land USES. The A (Agricultural) Zone District is also intended
to provide areos for the conduct of USES by Special Review which have been determined to be
more intense or to have a potentially greater impact than USES Allowed by Right. The A
(Agricultural) Zone District regulations are established to promote the health, safety and general
welfare of the present and future residents of the COUNTY.
Amend Sec. 23-3-20. Uses allowed by right outside of subdivisions and historic townsites.
No BUILDING, STRUCTURE or land shall be USED and no BUILDING or STRUCTURE shall
hereafter be erected, structurally altered, enlarged or maintained in the A (Agricultural) Zone
District on LOTS outside of SUBDIVISIONS and HISTORIC TOWNSITES except for one (1) or
more of the following USES. Land in the A (Agricultural) Zone District is subject to the schedule
of bulk requirements contained in Section 23 3 50 below. USES within the A (Agricultural) Zone
District shall also be subject to additional requirements contained in Articles IV and V of this
Chapter.
A. One (1) SINGLE FAMILY DWELLING UNIT and AUXILIARY QUARTERS per LEGAL
LOT.ANIMAL BOARDING and animal TRAINING FACILITIES where the maximum number
of ANIMAL UNITS or HOUSEHOLD PETS permitted in Section 23-3-70.D below is not
exceeded and traffic to and from the facility does not exceed sixty (60) daily trips.
B. One (1) SINGLE-FAMILY DWELLING UNIT and AUXILIARY QUARTERS on a parcel of land
created -u -n -d er-t-h e provisions -of -Chap -ter 24, Article VIII -of -this Code. Asphalt or concrete batch
plant and borrow pits USED TEMPORARILY and exclusively for an on -site construction
project or the completion of a PUBLIC STREET/ROAD improvements project. The six-month
limitation for this TEMPORARY USE may be extended in six-month increments at the
discretion of the Director of Planning Services up to two (2) times, and thereafter by the Board
of County Commissioners.
C. FARMING, RANCHING and GARDENING.CAMPING, NG.CAMPI NG, FISHING, HUNTING, and
noncommercial WATER SKIING.
D. Cultivation, storage and sale of crops, vegetables, plants, flowers and nursery stock raised on
the preen ises. COU NTY grader sheds.
E. TEMPORARY storage and sorting of, in transit, of crops, vegetables, plants, flowers and
nursery stock not raised on the premises and not for sale on said premises. 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 ec ui 3ment or agricultural
products or confinement or protection of LIVESTOCK.
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F. Repealed. NONCOMMERCIAL TOWERS no taller than seventy (70) feet. (See Article IV,
Division 10, of this Chapter.)
G. Grazi-ng-of-LI' E TO Police, ambulance, and fire stations or facilities.
H. Feeding of LIVESTOCK within the limitations defined in Section 23 3 50 below and Section
23-4-710.PUBLIC BLIC parks.
I. OIL AND GAS FACILITIES.PUBLIC SCHOOLS.
1. WOGLA Required. No OIL AND GAS FACILITY shall be developed in the A (Agricultural)
Zone District until a WOGLA has been issued by the Department of Planning Services or
the Board of County Commissioners in accordance with the application procedures set
forth- i-n--Art -cre--II, Division -1G, of -this -Chapter.
J. PUBLIC parks and PUBLIC recreation facilities. Sand, soil, and aggregate MINING that
qualifies for a single limited impact operation under Section 34-32-110 C.R.S. (a 110 permit)
or is exempt from any permits from the Colorado Division of Reclamation, Mining, and Safety,
generates no more than five thousand (5,000) cubic yards of material per year for off -site
USE, and does not involve crushing, screening, or other processing. An Improvements
Agreement, as determined by the Department of Public Works, may be required prior to
commencement of operations.
K. PUBLIC SCHOOLS and PUBLIC SCHOOL extension classes. One (1) SINGLE-FAMILY
DWELLING and AUXILIARY QUARTERS, FOSTER CARE HOME, or GROUP HOME Der
LEGAL LOT.
L. UTILITY SERVICE FACILITIES. TELECOMMUNICATIONS ANTENNA TOWERS no taller
than thirty-five (35) feet. (See Article IV, Division 10, of this Chapter.)
M. Alcohol production which does not exceed ten thousand (10,000) gallons per year, provided
that alcohol and by-products will be used primarily on the owner's or operator's Iand.UTILITY
SERVICE FACILITIES.
N. TEMPORARY group assemblages (subject to Chapter 12, Article I, of this Code).Water tanks,
agriculture -related.
O. REPEALED. Asphalt or concrete batch plant used temporarily and exclusively for an on -site
construction project or the completion of a PUBLIC road improvements project. The six month
limitation for this TEMPORARY use may be extended in six-month increments at the
discretion of the Director of Planning Services up to two (2) times, and thereafter by the Board
of County Commissioners.
P. REPEALED.
this Chapter.
Q. REPEALED.Police and Fire Stations or Facilities.
R. REPEALED.Borrow pits used TEMPORARILY and exclusively for the completion of a PUBLIC
road improvement project. In addition, sand, soil and aggregate MINING, regardless of the
u se of t -he --material, h i-ch--qualifies for a sin - limited -impact -operation (a 140 --perm t) or i-s
exempt from any permits from the Division of Minerals and Geology, 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.
S. REPEALED.MANUFACTURED MAN U FACTU R.ED HOME subject to the additional requirements of Section 23-
4 700 of this Chapter.
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i
T. REPEALED. -
numb r of-AN_1armi+ted i n Section 23-3-50.D bel r is not exceeded.
U. REPEALED. One -,(1 -)-TELECOMMUNICATION ANT -E N -NA TO 4/ E R r -o -n -e-(1)
NONCOMMERCIAL TOWER subject to the provisions of Article IV, Division 10 of this
Chapter.
V. REPEALED.Disposal-of BIOSOLIDS subject -to -t ttional requirements ofChapter-1-4i
Article VII of this Code.
W. REPEALED.Disposal of DOMESTIC SEPTAGE subject to the additional requirements of
C h a pter--l-4; Ar- iol I of th i Co
X. RE P EAL E D. T -E 1-P--ORAF Y -season -al uses, _ i-n-cd u-d-i-n-g-fruit-an-d-v eke-t-a-bl- to n ds-and fac-il tes
for the sale of fireworks and Christmas trees, subject to the permit requirements of Article IV,
0i i i-o-n-7-of this -Chap -ter, except -as allowed —without a permitae-ctio-n- - -2U : D.
Y. REPEALED. LTY.
Z. REPEALED. FOSTER CARE HOME.
AA.REPEALED.County Grader Shed, except in or adjacent to a platted subdivision or Townsito.
BB.REPEALED.CARGO CONTAINERS used as a SINGLE FAMILY DWELLING UNIT and
AUXILIARY QUARTERS per LEGAL LOT.
CC. REPEALED. PI FELI N E - NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS OTHER
THAN NATURAL GAS.
1. LAP Required. No PIPELINE NATURAL GAS or PIPELINE PETROLEUM PRODUCTS
OTHER THAN NATURAL GAS shall be developed in the A (Agricultural) Zone District until a
LAP has been issued by the Department of Planning Services or the Board of County
Commissioners in accordance with the application procedures set forth in Division 11, of this
Chapter.
Amend Sec. 23-3-30. Accessory uses outside of subdivisions and historic townsites.
The following BUILDINGS, STRUCTURES and USES shall be allowed in the A (Agricultural)
Zone District on LOTS outside of SUBDIVISIONS and HISTORIC TOWNSITES so long as they
are clearly incidental and ACCESSORY to an allowed the -USES -allowed -by -right, in tl -e- A
(Agricultural) Zone District. Such BUILDINGS, STRUCTURES and USES must be designed,
constructed and operated in conformance with the bulk requirements contained in Section 23-3
50 below. ACCESSORY USES within the A (Agricultural) Zone District shall also be subject to
additional requirements contained in Articles IV and V of this Chapter. Note: The combined
GROSS FLOOR AREA of all ACCESSORY BUILDINGS constructed after 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 controlling subdivisions of less than ten (10) acres shall not exceed
four percent (4%) 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 primary residence on the LOT except by variance.
Any accessory structure made nonconforming by application of this Section may be repaired,
repl a ce d or restored in total.
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A. STRUCTURES for storage of equipment and agricultural products. Converted, partially
dismantled, modified, altered or refurbished MOBILEHOMES-cur-flOMES
shall not be utilized as an AGRICULTURALLY EXEMPT BUILDING or for the 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 for a purpose authorized
by Section 14 of Article XVIII of the Colorado Constitution per LEGAL LOT as per Article VII,
Chapter 12, of this Code.
B. BUILDINGS for confinement or protection of LIVESTOCK, within the limitations defined in
Section 23-3-50 below. Converted, partially dismantled, modified, altered or refurbished
MOB --I L E HOMES —or —MANUFACTURED —ROM HOMES —s - aa-I --rot be—u-t-i sized—as--a-n
AGRICULTURALLY EXEMPT BUILDING or for the storage of equipment or agricultural
products. Up to two (2) CARGO CONTAINERS per LEGAL LOT of less than eighty (80) acres.
Up to five (5) CARGO CONTAINERS may be allowed per LEGAL LOT of eighty (80) or more
acres.
C. MOBILE HOMES used as SINGLE-FAMILY DWELLINGS for persons customarily employed
at or engaged in FARMING, RANCHING or GARDENING subject to the additional
requirements of Article IV, Division 3 of this Chapter. NONCOMMERCIAL JUNKYARD, as
long as it is ENCLOSED within a BUILDING or STRUCTURE or SCREENED from all
ADJACENT properties and PUBLIC RIGHTS -OF -WAY in conformance with a SCREENING
plan approved by the Department of Planning Services.
D. HOME OCCUPATIONS CLASS I shall comply with Section 23 1 90 and CLASS II shall
comply with Section 23-1-90 and Article !V, Division 13 of this Chapter.OFFICES.
E. OFFICE incidental to the operation of the Uses Allowed by Right as listed in Section 23.-3-20
abovc.Parking areas and parking STRUCTURES, including parking of one (1) COMMERCIAL
VEHICLE per LEGAL LOT.
F. MOBILE HOME subject to the additional requirements of Article IV, Division 3 of this Chapter.
Up to two (2) SEMI -TRAILERS USED as ACCESSORY storage per LEGAL LOT.
G. Roadside stands when the products offered for sale are grown on the premises. Such stands
shall be situated not less than fifty (50) feet from the PUBLIC right-of-way.STRUCTURES and
BUILDINGS ACCESSORY to USES permitted under Section 23-3-20.
H. SIGNS, in conformance with the provisions of Article IV, Division 2 of this Chapter. WIND
GENERATORS allowed as ACCESSORY USES in Section 23-4-450 of this Chapter.
I. REPEALED.NONCOMMERCIAL JUNKYARD.
J. REPEALED.
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K. REPEALED.Cargo container as Accessory STRUCTURE. One (1) cargo container as an
accessory STRUCTURE--I-n the A (Agricultural) Zone District may be allowed for -storage -of
goods inside the unit on lots in an approved or recorded subdivision plat, or LOTS which are
part of a map or plan filed prior to the adoption of any regulations controlling subdivisions in
than eighty (80) acres in size, when not on a LOT in an approved or recorded subdivision or
a LOT which is part of a map or plan filed prior to adoption of any regulations controlling
subdivisions. Up to five (5) cargo containers may be allowed on property equal to or greater
than eighty (80) acres in size. Additional conII lot sizes, as
described in Subsection 23 3 40.BB. A cargo container used for storage, an office, a
DWELLING or any habitable use shall require the issuance of building permits. The following
conditions shall apply:
1. Electricity is the only utility which will be connected to the cargo container used solely for
and dry utilities such as water, sewer and electricity.
WELLING or as overnight or temporary housing as
long as the cargo container has been retrofitted and designed to meet all state and local
Housing and Building Codes. The cargo container that has been retrofitted for an office,
DWELLING, or any habitable use, shall be designed by a licensed professional.
3. The property upon which the cargo container is to be located must be a LEGAL LOT.
storage, an office, a DWELLING, or any habitable use.
5. A cargo container used for storage, an office, a DWELLING, or any habitable use shall not be
allowed to fall into a state of disrepair. Such disrepair may include a cargo container that is
partially or totally damaged by fire, earthquake, wind or other natural causes, or is in a state
of general dilapidation, deterioration or decay resulting from a lack of maintenance, vandalism
orinfest-ali-e-n-with-vermi-n-or-r-od-e-nt -n-y such --cargo- -n i n- -r- used fit -o -r --age, an office, or
a DWELLING shall be restored to, and maintained in, the original condition it was in at the
Sac -ad -on -the site as established -by -the original -inspection by th-e---Department of
Building Inspection, or it shall be removed from the site.
6. A cargo container used solely for storage shall be removed from the property upon cessation
of the USE.
i
7.
r to display a sign.
L. REPEALED. semi-trai er used as accessory storage. One (') semi trai er usec as accessory
storage may be permitted on LOTS in an approved or recorded subdivision plat, or LOTS
h--1 arm par a—mav lan filec Drior to tie adoption of any regulations controlling
requirements outlined in Section 23-4-900 of this Chapter for the purpose of storing goods
parcels not in an approved or recorded subdivision plat, or LOTS which are part of a map or
$amf1Usd-pr-ior to the adoption of any regulations contr-all+ng-subdivisions in the A {Agricultural-}
Zone District, without a zoning permit. Additional semi -trailers used as accessory storage may
be allowed on all lot sizes and types, as described in Subsection 23-3-d0.V. below.
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M. REPEALED. COMMERCIAL VEHICLES. Parking and operation of one (1) COMMERCIAL
VEHICLE -may be permitted on LOTS--i-n an approved or recorded subdivision plat, or LOTS
which are part of a map or plan filed prior to the adoption of any regulations controlling
subdivisions in the A (Agricultural) Zone District, according to the procedure and zoning permit
requirements outlined in Section 23 4 950 of this Chapter. Parking and operation of one (1)
COMMERCIAL VEHICLE may be allowed on property of less than eighty (80) acres in size,
when not a LOT in an approved or recorded subdivision or a LOT which is part of a map or
plan filed prior to adoption of any regulations controlling subdivisions, without a zoning permit.
Without the appropriate land use permits, only one (1) tractor trailer and one (14 -two -rear -axle
up to five (5) COMMERCIAL VEHICLES may be allowed on property equal to or greater than
eighty (80) acres in size when used to haul agricultural goods, equipment or livestock, as long
as the number of trips does not exceed sixty (60) per day to and from the property. No
additional COMMERCIAL VEHICLES are allowed, unless part of a commercial or industrial
USE otherwise permitted by Subsection 23-3-40.S. below.
N. REPEALED. WINDGENERATORS, which may require the issuance of a Zoning Permit for
Chapter 23, A►rt-i-cl-e-IV, Division -6 of this Code.
O. REPEALED. MEDICAL MARIJUANA. 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 -t-h itution-perl-egal parcel as per
Article IV, Division 14, of this Code.
P. REPEALED.TELECOMMUNICATION LECOMM U N ICATION ANTENNA TOWERS, which require the issuance of a
Zo-n i-n g- r-mit _ for a TEL ECOMM M UN I -C -AT I ON -ANT E NNA► TOW E R a su-b j- t _ too v i s i o n s
of Article IV, Division 10 of this Chapter.
O. REPEALED.SECOND SINGLE-FAMILY DWELLING, subject to the additional requirements
of-Arti cte- IV, D iv-is-io n 8 of _ this -Chapter.
hap-te-r.
R. REPEALED. -Recreational -activities, including:
1. Hunting.
2. Fishing.
3. CAMPING.
4. WATER SKIING.
Add Sec. 23-3-35. - Uses allowed by permit outside of subdivisions and historic townsites.
No USE listed in this Section shall commence construction or operation in the A (Agricultural)
Zone District on LOTS outside of SUBDIVISIONS and HISTORIC TOWNSITES without prior
approval of a land use permit from the Department of Planning Services or Department of Public
Health and Environment, as applicable.
A. AGRICULTURAL PRODUCTION permitted under Division 17 of Article IV of this Chapter.
B. AGRITAINMENT, agriculture -related EVENT FACILITIES, AGRITOURISM, and HUNTING
LODGES permitted under Division 17 of Article IV of this Chapter.
C. AIRPORTS and AIRSTRIPS, including crop -dusting operations, permitted under Division 17
of Article IV of this Chapter.
D. BED AND BREAKFAST FACILITIES permitted under Division 17 of Article IV of this Chapter.
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E. Disposal of BIOSOLIDS and/or DOMESTIC SEPTAGE permitted under Chapter 14 of this
Code.
F. BREW PUBS, BREWERIES, DISTILLERIES, and WINERIES permitted under Division 17 of
Article IV of this Chapter.
G. COMMUNITY BUILDINGS permitted under Division 17 of Article IV of this Chapter.
H. CONTRACTOR'S SHOPS permitted under Division 17 of Article IV of this Chapter.
I. CUSTOM MEAT PROCESSING permitted under Division 17 of Article IV of this Chapter.
J. Farm equipment sales, repair and installation facilities permitted under Division 17 of Article
IV of this Chapter.
K. Golf courses permitted under Division 17 of Article IV of this Chapter.
L. Grain, seed, feed, and fertilizer retail and wholesale sales permitted under Division 17 of
Article IV of this Chaster.
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.
O. MANUFACTURED HOMES and STRUCTURES permitted under Division 3 of Article IV of
this Chapter.
R. NONCOMMERCIAL TOWERS between seventy (70) and one hundred thirty (130) feet in
height permitted under Division 10 of Article IV of this Chapter.
S . OIL AND GAS FACILITIES permitted under Division 10 of Article II of this Chapter.
T. PIPELINES - NATURAL GAS or PIPELINES - PETROLEUM PRODUCTS OTHER THAN
NATURAL GAS permitted under Division 11 of Article II of this Chapter.
U . RECREATIONAL FACILITIES, PUBLIC and PRIVATE, permitted under Division 17 of Article
IV of this Chapter.
V. One (1) second SINGLE-FAMILY DWELLING per LEGAL LOT, subject to the provisions of
Division 8 of Article IV of this Chapter.
W. SHOOTING RANGES permitted under Division 17 of Article IV of this Chapter.
X. SMALL SCALE SOLAR FACILITIES permitted under Division 17 of Article IV of this Chapter.
Y. TELECOMMUNICATIONS ANTENNA TOWERS between thirty-five (35) and seventy (70)
feet in height. (See Article IV, Division 10, of this Chapter.)
Z. TEMPORARY seasonal USES permitted under Division 7 of Article IV of this Chapter.
AA. Veterinary clinics or animal hospitals permitted under Division 17 of Article IV of this Chapter.
BB. WIND GENERATORS requiring a zoning permit under Division 6 of Article IV of this Chapter.
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Amend Sec. 23-3-40. Uses by special review outside of subdivisions and historic
townsites.
The following BUILDINGS, STRUCTURES and USES may be constructed, occupied,
operated and maintained on LOTS outside of SUBDIVISIONS and HISTORIC TOWNSITES in
the A (Agricultural) Zone District upon approval of a pc::: LSpecial Review Permit in accordance
with the requirements and procedures set forth in Article II, Division 4 of this Chapter, or Article II,
Division 5, in the case of MAJOR FACILITIES OF PUBLIC UTILITIES OR PUBLIC AGENCIES.
A. Mineral resource development facilities including:ANIMAL I MAL 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.
3. Open pit MINING and materials processing, subject to the provisions of Article IV, Division
4 of this Chapter.
4. Asphalt and concrete batch plants.
5. Coal gasification facilities.
6. MINING or recovery of other mineral deposits located in the County, subject to the
provisions -al 4--of-t-h-is Oh p -ter_
7. TRANS -LOADING.
B. Agricultural Service establishments primarily engaged in performing agricultural, animal
husbandry or horticultural services on a fee or contract basis, including:Asphalt or concrete
batch plants.
1 Sorting, grading and packing fruits and vegetables for the grower.
2. Grain and/or feed elevators.
3. Crop dusting or spraying operations facilities (includes hangars, landing trips, fertilizer
storage facilities, insecticide storage facilities, fuel storage facilities and OFFICES
ACCESSORY to the crop dusting or spraying operation).
11. Farm equipment sales, repair and installation facilities.
5. Veterinary clinics or hospitals.
6. Grain and feed sales.
7. Commercial grain storage and drying.
8. Fertilizer storage, mixing, blending and sales.
9. Seed production, processing, storage, mixing, blending and sales.
10. ANIMAL BOARDING and animal TRAINING FACILITIES where the maximum number of
ANIMAL UNITS permitted in Subsection 23 3 50.D below is exceeded and/or when the
traffic that is generated by the boarding or training activity exceeds sixty (60) trips per day
to and fro-m-theiara
11. Alcohol production exceeding ten thousand (10,000) gallons per year or the sale or loan
of alcohol occurring to any other person not involved in the alcohol production operation.
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13. Custom meat processing.
14. LIVESTOCK sale barns and facilities.
15. Forage dehydration facilities.
16. LIVESTOCK CONFINEMENT OPERATIONS.
17. Rodeo Arenas, Commercial
18. Roping Arenas, to include both indoor
C. Recreational facilities and USES inc-luding:CAMPGROUNDS.
1. COMMERCIAL Race tracks and race courses.
2. DRIVE IN THEATERS, subject to the provisions of Section 23 4 410.
3. Golf courses.
4. Shooting ranges, subject to the provisions of Section 23-4-370.
5. Guest farms and hunting lodges.
6. Fairgrounds.
7. PUBLIC or COMMERCIAL CAMPING.
8. COMMERCIAL RECREATIONAL FACILITIES.
D. Public -Utilities -facility, including: More than the number of CARGO CONTAINERS allowed by
Section 23-3-30.
2. Storage tanks, subject to the provisions of Section 23-4-420.
3. MAJOR FACILITIES OF PUBLIC UTILITIES OR PUBLIC AGENCIES, subject to the
provisions of Section 23 4 420.
E. PUBLIC and quasi PUBLIC BUILDINGS including:CHILD I LD CARE CENTERS.
1. CHURCHES.
2. Private SCHOOLS.
3. Administrative OFFICES or meeting halls for agricultural organizations.
4. County Grader shed in or adjacent to a platted subdivision or Townsite.
F. AIRPORTS and AIRSTRIPS. COMMERCIAL rodeos and COMMERCIAL roping arenas.
G. JUNKYARDS or salvage YARDS. Parking of more than the number of COMMERCIAL
VEHICLES allowed by right or by permit.
H. KENNELS, subject to the additional requirements of Section 23 4 400.CEMETERIES.
RI ES.
I. Solid Waste Disposal sites and facilities, subject to the additional requirements of Section 23-
&1 80.CHURCHES.
J. Keeping, raising or boarding of EXOTIC ANIMALS.COMMERCIAL RECREATIONAL
FACILITIES.
i
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K. One (1) or more microwave, radio, television or other communication transmission or relay
tower over seventy ) feet i-n-height-p-er-LOT. C`omrrtiercial try�n�ee- s� -to the provisions
��rrm��r�ru�-�Q-rv�r �r -Lr
of Section 23 4 300. CORRECTIONAL FACILITIES, subject to Article XV, Section 15-5, of
the Weld Count Charter.
L. TELECOMMUNICATION ANTENNA TOWERS which require a Use by Special Review
Permit, subject to the provisions of Article IV, Division 10 of this Chapter. EVENT FACILITIES
not agriculture -related.
M. One (1) SINGLE-FAMILY DWELLING UNIT per LOT other than those permitted under Section
23 3 20 A above. Keeping, raising or boarding of EXOTIC ANIMALS.
N. MULTI FAMILY DWELLINGS for persons PRINCIPALLY employed at or engaged in
FARMING, RANCHING or GARDENING.BUSINESSES.
O. E a n ion or -extension -of NON O ICJ- l-C--U-S-E S. HELIPORTS.
P. HOME BUSINESS. KENNELS, subject to the additional requirements of Section 23-4-400.
O. ACCESSORY BUILDINGS with GROSS FLOOR AREA larger than four percent (4%) of the
total lot area, as detailed in Section 23-3-30 above, per BUILDING on LOTS in an approved
or recorded subdivision plat---or-LO of map or plan field prior to adoption of any
regulations controlling subdivisions. LIVESTOCK CONFINEMENT OPERATIONS, subject to
the additional requirements of Section 23-4-350.
R. CORRECTIONAL--ACI-LIT LUMBERYARDS/WOODWORKING.
S. Any u- 'ttht, an ACCESSORY USE, or a Use -by -Special Review -in
the COMMERCIAL or industrial zone districts, provided that the property is not a Lot in an
approved or recorded subdivision plat or lots parts of a map or plan filed prior to adoption of
any regulations controlling subdivisions. PUD development proposals shall not be permitted
to use the special review permit process to develop. MAJOR FACILITIES OF PUBLIC
UTILITIES OR PUBLIC AGENCIES in accordance with Division 5 of Article II of this Chapter.
T. CHILD CARE CENTER. ME DI U M SCALE SOLAR FACILITY, subject to the additional
requirements of Section 23-5-1030.
U. BED AND BREAKFAST FACILITY.Open MINING and processing of minerals, subject to the
additional requirements of Article IV, Division 4, of this Chapter.
V.
or recorded subdivision plat or LOTS which are part of a map or plan filed prior to the adoption
.
parcels not in an approved or recorded subdivision plat of LOTS which are part of a map or
Zone District. MULTI -FAMILY DWELLINGS for persons PRINCIPALLY employed at or
engaged in FARMING.
W. USES similar to the USES listed above as Uses by Special Review as long as the USE
complies with the general intent of the A (Agricultural) Zone District. NONCOMMERCIAL
TOWERS requiring approval of a Use by Special Review.
X. PROCESSING.OIL L AND GAS STORAGE FACILITIES.
Y. RESEARCH LABORATORY:OIL AND GAS SUPPORT AND SERVICE.
Z. HE ► Y IM1A-NIFACT-URN _ , PROCESSING.ORGANIC FERTILIZER
PRODUCTION/COMPOSTING FACILITIES.
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STORAGE of PUBLIC utility -related equipment.
BB. ed as a use by right per legal lot or parcel.
PIPELINES - DOMESTIC WATER in accordance with Division 6 of Article II of this Chapter.
CC.Cemetery. Private SCHOOLS.
DD. REST DENTIAL THERAPEUTIC CENTER.RACING NG FACILITIES.
EE. WIND GENERATORS requiring the issuance of a use by special review permit, as per
Chapter 23, Article II, Division 4 and Chapter 23, Article IV, Division 6 of this Code.REPAIR
SERVICE ESTABLISHMENT.
FF. BREWERY.RESEARCH EARCH LABORATORIES.
GG.BREWPUB.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. NONCOMMERCIAL TOWERS greater than one hundred thirty (130) feet in height.
TELECOMMUNICATION ANTENNA TOWERS requiring approval of a Use by Special,
Review.
KK. PIPELINE - DOMESTIC WATER.TRANSLOADI NG.
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.
Add Sec. 23-3-45. Uses allowed by right in subdivisions and historic townsites.
No BUILDING, STRUCTURE or land shall be USED, and no BUILDING or STRUCTURE shall
hereafter be erected, structurally altered, enlarged or maintained in the A (Agricultural) Zone
District in SUBDIVISIONS or HISTORIC TOWNSITES except for one (1) or more of the following
USES
A. ANIMAL BOARDING and animal TRAINING FACILITIES where the maximum number of
ANIMAL UNITS permitted in Section 23-3-70.D below is not exceeded and traffic to and from
the facility does not exceed sixty (60) daily trips.
B. CAMPING, FISHING, HUNTING, and noncommercial WATER SKIING.
C. COUNTY grader sheds.
D. FARMING and GARDENING including STRUCTURES for storage of agricultural equipment
and agricultural products and confinement or protection of LIVESTOCK. Converted, partially
dismantled, modified, altered or refurbished MANUFACTURED HOMES shall not be utilized
as agriculturally exempt BUILDINGS or for the storage of agricultural equipment or agricultural
products or confinement or protection of LIVESTOCK.
E. NONCOMMERCIAL TOWERS no taller than seventy (70) feet. (See Section 23-4-895.)
F. Police, ambulance, and fire stations or facilities.
G. PUBLIC parks.
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H. PUBLIC SCHOOLS.
I. One (1) SINGLE-FAMILY DWELLING and AUXILIARY QUARTERS, FOSTER CARE HOME,
or GROUP HOME Der LEGAL LOT.
J. TELECOMMUNICATIONS ANTENNA TOWERS no taller than thirty-five (35) feet. (See
Article IV, Division 10, of this Chapter.)
K UTILITY SERVICE FACILITIES.
L. Water tanks, agriculture -related.
Amend Sec. 23-3-50. Bulk requirementsAccessory uses in subdivisions and townsites.
i
The following lists the bulk requirements for the A (Agricultural) Zone District.The following
BUILDINGS, STRUCTURES and USES shall be allowed in the A (Agricultural) Zone District on
LOTS in SUBDIVISIONS and HISTORIC TOWNSITES so long as they are clearly incidental and
ACCESSORY to an allowed USE. Note: The combined GROSS FLOOR AREA of all
ACCESSORY BUILDINGS constructed after August 25, 1981 on LOTS of less than ten (10) acres
in SUBDIVISIONS and HISTORIC TOWNSITES shall not exceed four (4) percent of the total LOT
area, except in Recional 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 nonconform inc by a D Dlication of this Section may be re wired, replaced or
restored in total.
A. Minimum LOT size: One (1) caregiver of MEDICAL MARIJUANA that is grown and sold
pursuant to the provision of Article 43.3, Title 12, C.R.S., and for a purpose authorized by
Section 14 of Article XVIII of the Colorado Constitution per LEGAL LOT as per Article VII,
Chapter 12, of this Code.
1. Irrigated: eighty (80) acres (or is a parcel otherwise recognized as half of a quarter
s i-o-n ).
2. Dry: eighty (80) acres (or is a parcel otherwise recognized as half of a quarter section).
B. Minimum SETBACK: twenty (20) feet. Fences are not required to comply with the minimum
SETBACK and may be located on the property line. Fences located on corner lots abutting
pu bl-ic ri g btts-of-w-a-s-hail-not obstruct _ the vi -e- -o-f-ve hical ar-traffic- a -a-n i-n-terse cti o n . One (1)
CARGO CONTAINER per LEGAL LOT.
C. Minimum OFFSET: three (3) feet, or one (1) foot for each three (3) feet of BUILDING HEIGHT,
r -Fen I I I I I _ F E -T a n d m_«y
be located on the property line.OFFICES.
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. NONCOMMERCIAL JUNKYARD, as long as it is ENCLOSED within a
BUILDING or STRUCTURE or SCREENED from all ADJACENT properties and PUBLIC
RIGHTS -OF -WAY in conformance with a SCREENING plan approved by the Department of
Planning Services.
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E. No BUILDING or STRUCTURE, as defined and limited to those occupancies listed as Groups
A►, B, E, F, H, I, M and R in Section 302.1 of the 2012 International Building Code, shall be
constructed within a two hundred foot radius of any tank battery, within a one hundred fifty
foot radius of any wellhead or within a twenty -five-foot radius of any plugged or abandoned
oil and gas well. Any construction within a two hundred foot radius of any tank battery or ono
hundred -fifty -foot radius of any wellhead shall require a variance from the terms of this
Chapter in accordance with Subsection 23-6 10.C. of this Chapter. Parking areas and parking
STRUCTURES, not including parking of COMMERCIAL VEHICLES.
F. Landscape and/or screening criteria may be based upon compatibility with existing adjacent
LOTS and land uses. STRUCTURES and BUILDINGS ACCESSORY to USES permitted
under Section 23-3-45.
G. All external lighting shall be designed in accordance with Section 23-2-160.U.6. WIND
GENERATORS allowed as ACCESSORY USES in Section 23-4-450 of this Chapter.
Add Sec. 23-3-55. Uses allowed by permit in subdivisions and historic townsites.
No USE listed in this Section shall commence construction or operation in the A (Agricultural)
Zone District on LOTS in SUBDIVISIONS and HISTORIC TOWNSITES without prior approval of
a land use permit from the Department of Planning Services or Department of Public Health and
Environment, as applicable.
A. AGRITAINMENT, agriculture -related EVENT FACILITIES, AGRITOURISM, and HUNTING
LODGES permitted under Division 17 of Article IV of this Chapter.
B. BED AND BREAKFAST FACILITIES permitted under Division 17 of Article IV of this Chapter.
C. BREW PUBS, BREWERIES, DISTILLERIES, and WINERIES permitted under Division 17 of
Article IV of this Chapter.
D. Parking of one (1) COMMERCIAL VEHICLE per LEGAL LOT permitted under Division 12 of
Article IV of this Chapter.
E. COMMUNITY BUILDINGS permitted under Division 17 of Article IV of this Chapter.
F. CONTRACTOR'S SHOPS permitted under Division 17 of Article IV of this Chapter.
G. Farm ecui ament 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.
i
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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 USES permitted under Division 7 of Article IV of this Chapter.
U. Veterinary clinics or animal hospitals permitted under Division 17 of Article IV of this Chapter.
V. WIND GENERATORS requiring a zoning permit under Division 6 of Article IV of this Chapter.
Amend Sec. 23-3-60. Uses by special review in su bdivisions.A-1 (Concentrated Animal)
Zone District.
The following BUILDINGS, STRUCTURES and USES may be constructed, occupied,
operated and maintained on LOTS in SUBDIVISIONS in the A (Agricultural) Zone District upon
approval of a Special Review Permit in accordance with the requirements and procedures set
forth in Article II, Division 4 of this Chapter.
A. ACCESSORY BUILDINGS with GROSS FLOOR AREA larger than four (4) percent of the
total LOT area, as detailed in Section 23-3-50 above.
B. AGRICULTURAL PRODUCTION.
C. ANIMAL BOARDING and animal TRAINING FACILITIES where the maximum number of
ANIMAL UNITS permitted in Section 23-3-70.D below is exceeded or traffic to and from the
facility exceeds sixty (60) daily trips.
D. CAMPGROUNDS.
E. More than one (1) CARGO CONTAINER.
F. CEMETERIES.
G. CHILD CARE CENTERS.
H. CHURCHES.
I. COMMERCIAL RECREATIONAL FACILITIES
J. COMMERCIAL rodeos and COMMERCIAL roping arenas.
K. Disposal of DOMESTIC SEPTAGE permitted under Chapter 14 of this Code.
L. EVENT FACILITIES not agriculture -related.
M. Keeping, raising or boarding of EXOTIC ANIMALS.
N. Grain, seed, feed, and fertilizer retail and wholesale sales.
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O. HOME BUSINESSES.
P. LIVESTOCK salebarns.
O. KENNELS.
R. ORGANIC FERTILIZER PRODUCTION/COMPOSTING FACILITIES.
S. OUTDOOR STORAGE of PUBLIC utility -related equipment.
T. Private SCHOOLS.
U. REPAIR SERVICE ESTABLISHMENT.
V. RESIDENTIAL THERAPEUTIC CENTERS.
W. RESTAURANTS.
X. One (1) second SINGLE-FAMILY DWELLING per LEGAL LOT, subject to the provisions of
Division 8 of Article IV of this Chapter.
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.
AAA. WIND GENERATORS requiring the issuance of Special Review Permit under Division 6
of Article IV of this Chapter.
1.
Respect and —encourage the continuation of agricultural land uses —and —agricultural
operations for purposes which enhance the economic health and sustainability of
agriculture.
2. Estabksh any ►mot, -twin an agricultural land use designation to pr y the County's
agricultural opportunities for the future.
3. Continue the commitment to viable agriculture in the County through mitigated protection
of established (and potentially expanding) agricultural uses from other proposed new uses
that would hinder the operations of the agricultural enterprises.
Livestock Confinement Operations require considerable investment in capital improvements,
water, etc. The A► -1 (Concentrated Animal) Zone District allows the opportunity for parcels to be
zoned specifically for confined animal feeding operations. A 1 Zoning provides certainty for
confines animal feeding operators and existing and future property owners tiat a property has
been —designated —for use as a livestock co of i-n e men -t —o -p erati-o-n— hire- pr-ov'd-i-ng
requirements/standards to ensure that potential impacts associated with livestock confinement
operations are addressed.
B. Uses All-ow-ed--b-y—Rig41-flD r TTR11GTU-RE or t n -d- steal I bed d no
BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or
maintained in the A-1 (Concentrated Animal) Zone District except for one (1) or more of the
following USES. USES within the A 1 (Concentrated Animal) Zone District, in addition to tho
requirements outlined below, shall also be subject to the additional requirements contained in
Articles IV and V of this Chapter.
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1. Livestock confinement operations. All livestock confinement operations located within A-
1 Zoning aI-I- -r - l - it h the req ucreme nts set forth in ect-i-o-n-2350 of this Code. All
livestock confinement operations in the A 1 (Concentrated Animal) Zone District require a
Site Plan Review and are subject to the Site Plan Review requirements outlined in Article
II, Division 3, of this Chapter.
2. Uses listed as uses by right in the A (Agricultural) Zone District.
C. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in
the A-1 (Concentrated Animal) Zone District so long as they are clearly incidental and
ACCESSORY to the Uses Allowed by Right in the A 1 (Concentrated Animal) Zone District.
Such BUILDINGS, STRUCTURES and USES must be designed, constructed and operated
in conformance with the bulk requirements contained in Section 23-3 50 above.
i
ie
. Uses
isted as accessory uses in the A (Agricultura
) Zone District.
D. Uses by Special Review.
1. Uses listed as Uses by Special Review in the A {Agricultural} Zone District.
E. Bulk Requirements.
1. Minimum LOT size:
a. Irrigated: One hundred sixty (160) acres, or a parcel otherwise recognized as a quarter
section.
b. Dry: One hundred sixty (160) acres, or a parcel otherwise recognized as a quarter
section.
2. Minimum SETBACK: twenty (20) feet. Fences are not required to comply with the
lots abutting public rights -of -way shall not obstruct the view of vehicular traffic at an
Livestock Confinement Operations shall be set back a minimum of five hundred (500) feet
from-the-nearhe-n-ea-r e st-exist-i-n-g a —
gee -(3) -feet of BUILDING
OFFSET and may be located o n —t -h -e -pro pert l ne: ' ante ater ponds-- a -n -d —man u r -e
storage/composting areas associated with Livestock Confinement Operations shall be
offset a minimum of five hundred (500) feet from the nearest existing residence.
11. Maximum number of ANIMAL UNITS permitted per acre: In accordance with the number
shown in the table associated with the definition of ANIMAL UNITS set forth in Section 23
1-90 of this Chapter.
5. No BUILDING or STRUCTURE, as defined and limited to those occupancies listed as
Groups A, B, E, F, H, I, M and R in Section 302.1 of the 2006 International Building Code,
shall be constructed within a two -hundred -foot radius of any tank battery, within a one
-dun-d-red-fift foot rad-i u-s-of-a-nw l I h e ad -o -r i-t h ten ive-foot radius of -a n plugged
or abandoned oil and gas well. Any construction within a two -hundred -foot radius of any
tank battery or a one hundred -fifty -foot radius of any wellhead shall require a variance
from the terms of this Chapter in accordance with Subsection 23-6-10.C of this Code.
6. Landscape criteria may be based upon compatibility with existing adjacent lots and land
uses.
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7. All external lighting shall be designed in accordance with Paragraph 23-2-160.116 of this
Chapter.
Add Sec. 23-3-65. Uses by special review in historic townsites.
The following BUILDINGS, STRUCTURES and USES may be constructed, occupied,
operated and maintained on LOTS in HISTORIC TOWNSITES in the A (Agricultural) Zone District
upon approval of a Special Review Permit in accordance with the requirements and procedures
set forth in Article II, Division 4 of this Chapter.
A. ACCESSORY BUILDINGS with GROSS FLOOR AREA lamer than four (4) percent of the
total LOT area, as detailed in Section 23-3-32 above.
B. AGRICULTURAL PRODUCTION.
C. AIRPORTS and AIRSTRIPS, including crop -dusting operations.
D. ANIMAL BOARDING and animal TRAINING FACILITIES where the maximum number of
ANIMAL UNITS permitted in Section 23-3-70.D below is exceeded or traffic to and from the
facility exceeds sixty (60) daily trips.
E. CAMPGROUNDS.
F. CAR WASHES and gas stations.
G. More than one (1) CARGO CONTAINER.
H. CEMETERIES.
I. CHILD CARE CENTERS.
J. CHURCHES.
K. COMMERCIAL RECREATIONAL FACILITIES
L. COMMERCIAL rodeos and COMMERCIAL roping arenas.
M. COMMERCIAL SCHOOLS.
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.
P. 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.
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W. HOTELS/MOTELS.
X. LANDSCAPING COMPANIES.
Y. LIVESTOCK salebarns.
Z. LUMBERYARDS VOODWORKING.
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.
JJ. One (1) second SINGLE-FAMILY DWELLING per LEGAL LOT, subject to the provisions of
Division 8 of Article IV of this Chapter.
KK. More than the number of SEMI -TRAILERS allowed by right or by permit.
LL. TRANSLOADING.
MM. USES similar to the USES listed as permitted as long as the USE complies with the general
intent of the Zone District.
NN. WIND GENERATORS requiring the issuance of Special Review Permit under Division 6 of
Article IV of this Chapter.
Add Sec. 23-3-70. Bulk requirements.
The following lists the bulk requirements for the A (Agricultural) 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;
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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 gecies, except that on a LOT of at least ten (10) acres and not in a SUBDIVISION
or HISTORIC TOWNSITE the owner or occupant shall be permitted to keep or maintain up to
eight (8) HOUSEHOLD PETS of one (1) species or sixteen (16) HOUSEHOLD PETS of two
(2) or more species, and up to thirty (30) birds.
E. No occupied BUILDING or STRUCTURE shall be constructed within two -hundred (200) feet
of any TANK BATTERY, within one hundred -fifty (150) feet of any oil and gas wellhead or
within twenty-five (25) feet of any plugged or abandoned oil and gas well.
F. Sources of light shall be shielded so that beams or rays of light will not shine directly onto
ADJACENT properties. Neither the direct nor reflected light from any light source may create
a traffic hazard to operators of motor vehicles on PUBLIC or private STREETS/ROADS. No
colored lights may be used which may be confused with or construed as traffic control devices.
Division 2 - Residential Zone Districts
Sec. 23-3400. Intent.
The R-1, R-2, R-3, R-4 and R-5 Residential Zone Districts are intended to provide present
and future residents of the COUNTY with areas in which to locate and establish a variety of
residential land USES and land USES that are compatible with residential areas. The Residential
Zone Districts are intended to betypically located in County Urban Growth Boundaries, Urban
Development Nodes, Regional Urbanization Areas or other areas where adequate services and
infrastructure are currently available or reasonably obtainable., designed and developed in a
manner that is compatible with Chapter 22 of this Code and the adopted master plans of affected
m-u-ntca-pa-I-iU es7
Add Sec. 23-3-105. Water and sewer requirements.
A. For all R Zone Districts, all USES requiring water on LEGAL LOTS created prior to August 25,
1981 shall provide evidence that an adequate source of water and an adequate sewage
disposal system are available prior to the issuance of a building permit. The sewage disposal
system shall comply with the On -Site Wastewater Treatment System regulations contained in
Chapter 30 of this Code or shall be served by PUBLIC SEWER service. LEGAL LOTS created
prior to August 25, 1981, but later combined to form a larger LOT shall be considered as
having been created prior to said date for the purpose of this section.
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B. USES requiring water on all other LOTS in R Zone Districts shall be served by PUBLIC
WATER from a water district or municipality and PUBLIC SEWER service.
Amend Sec. 23-3410. R-1 (Low -Density Residential) Zone District.
A. Intent. The purpose of the R-1 Zone District is to provide areas fn -thee COUNTYpredominantly
for suburban -scale SINGLE-FAMILY residential USE that are located, designed and
developed in compliance with Chapter 22the applicable requirements of this Code and the
adopted MASTER PLANS of affected municipalities. The R-1 Zone District is also intended to
accommodate nonresidential land USES that are both ACCESSORY tot andor compatible
with residential Uses Allowed by Right in the Zone District. USES. This Zone District may
serve as a transition between E and R-2 Zone Districts and should be located such that
driveways will be located on low -traffic, local PUBLIC or private STREETS/ROADS or
ALLEYS.
B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be USED, and no
BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or
maintained in the R-1 Zone District except for one (1) or more of the following USES. Land in
the R-1 Zone District must be USED in compliance with the bulk requirements contained in
Section 23 3 160, below. USES within the R I Zone District are subject to the additional
requirements contained in Articles IV and V of this Chapter.
1. One (1) SINGLE-FAMILY DWELLING per LEGAL LOT, said SINGLE-FAMILY
SEWER system. This requirement does not apply to any LEGAL LOT created prior to the
origin -al —effective date of this Chapter ►ugu- t 5, 1981),FI SHI NG and noncommercial
WATER SKIING.
2. PUBLIC parks and PUBLIC recreation areas. GARDENING.
3. PUBLIC SCHOOLS and PUBLIC SCHOOL extension classes. One (1)
NONCOMMERCIAL TOWER up to forty (40) feet in height per LEGAL LOT. (See Section
23-4-895.)
4. Police and fire stations or facilities.PUBLIC parks.
5. UTILITY SERVICE FACILITIES.PUBLIC PU BLIC SCHOOLS.
6. One (1) SINGLE-FAMILY DWELLING, FOSTER CARE HOME, or GROUP HOME
FACILITY per LEGAL LOT.
7. FOSTER CARE HOME.UTILITY LITY SERVICE FACILITIES.
Delete 8. thru 10.a.
CARGO CONTAINER used as a SINGLE-FAMILY DWELLING per LEGAL LOT, said
SINGLE-FAMILY DWELLING shall be connected to, and served by, a PUBLIC WATER
system and a PUBLIC SEWER system. This requirement does not apply to any LEGAL
9. OIL AND GAS FACILITIES.
a. WOGLA Required. No OIL AND GAS FACILITY shall be developed in the R-1 (Low -
Density Residential) Zone District until a WOGLA has been issued by the Department of
Planning Services or the Board of County Commissioners in accordance with the
application procedures set forth in Article II, Division 10, of this Chapter.
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10. PIPELINE - NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS OTHER THAN
NATURAL—GAS
a LAP Req -ire d. No P I FEE L I N --N B T U RAL o r PI-PE—LIN E- PETROLEUM ERODUCTS
OTHER THAN NATURAL GAS shall be developed in the R-1 (Low Density Residential)
Zone District until a LAP has been issued by the Department of Planning Services or the
Board of County Commissioners in accordance with the application procedures set forth
in Division 11, of this Chapter.
C. Uses allowed subect to Site Plan Review. The following USES shall be allowed in the R-1
Zone District following approval and recording of a Site Plan in accordance with Article Il?
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.
Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in
Allowed by Right in the R 1 Zone District. Such BUILDINGS, STRUCTURES and USES must
be designed, constructed and operated in conformance with the bulk requirements contained
in Section 23 3 160 below. ACCESSORY USES within the R 1 Zone District are also subject
to the additional requirements contained in Articles IV and V of this Chapter. Note: The
combined—GROSS--FLOOR-A►R-EA of -all ACCESSORY B U I L-D-LN ' co n s -t ted-after he
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
controlling subdivisions of less than ten (10) acres shall not exceed four percent (4%) of the
total lot area, except when a greater percentage is allowed pursuant to covenants or
homeowners association rules, and except in Regional Urbanization Areas (RUA), which
shall adhere to RUA development standards. However, in no case shall such an accessory
building exceed twice -the gross floor area of the primary resi ence o th-e-Iof except -by
variance. Any accessory structure made nonconforming by application of this Section may
be repaired, replaced or restored in total.
1. Garages, carports and parki n -g -areas .
2. Swimming pools, tennis courts and similar RECREATIONAL FACILITIES.
3. SIGNS, in accordance with the provisions of Article I-y;D-i-vision 2 of _ this --Chapter.
4. HOME OCCUPATIONS CLASS I shall be the only permissible form of HOME
OCCUPATIONS allowed in all Residential Zone Districts and shall comply with Section 23-
1 ---of _ this C h a pte
5. Storage of those vehicles, or parts thereof, which are defined in Section 42 12 101, C.R.S.,
and are SCREENED; and/or the storage of no more than two (2) vehicles which, regardless
of _ their condition-and/o l-ass4f i-c-ati-o-n s DERELICT VEHICLE -Shave been -operated at -any
time during the past one-year period in a sanctioned or sponsored race, derby or event and
are SCREENED.
i
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6. Any other STRUCTURE or USE clearly incidental and ACCESSORY to a Use Allowed by
Ri-9a-the R-1 Zone District.
7. NONCOMMERCIAL TOWER.
R.
D. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in
the R-1 Zone District so long as they are clearly incidental and ACCESSORY to an allowed
USE. Note: The combined GROSS FLOOR AREA of all ACCESSORY BUILDINGS
constructed after the original effective date of this Chapter (August 25, 1981) on LOTS of less
than ten (10) acres in SUBDIVISIONS and HISTORIC TOWNSITES shall not exceed four (4)
percent of the total LOT area, except in Regional Urbanization Areas (RUA), which shall
adhere to RUA development standards. However, in no case shall such an ACCESSORY
BUILDING in a SUBDIVISION or HISTORIC TOWNSITE exceed twice the GROSS FLOOR
AREA of the principal DWELLING UNIT on the LOT except by VARIANCE. Any ACCESSORY
BUILDING made nonconforming by application of this Section may be repaired, replaced or
restored in total.
1. Parking areas and parking STRUCTURES, not including parking of COMMERCIAL
VEHICLES.
2. STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3-
110.B, not including CARGO CONTAINERS.
3. Swimming pools, tennis courts and similar ACCESSORY USES and STRUCTURES.
4. WIND GENERATORS allowed as ACCESSORY USES in Section 23-4-450 of this
Chapter.
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. HOSPITALS, nursing homes and rehabilitation centers.
2. Preschools and day care centers.
3. Private SCHOOLS.
4. C H URC-H .
5. PRI VAT E R E C ATIO_N L-FACI-L I TI ES.
6. OIL OR GAS PRODUCTION FACILITIES.
7. ACCESSORY BUILDINGS with GROSS FLOOR AREA larger than four percent (4%) of the
total lot area, as detailed in Subparagraph B.3 above, per BUILDING on LOTS in an approved
or -re -rc--ed bdWisi o n plat or LOTS part -or a map or plan-f-LI-e-d--pri-o r to adoption -of -any
regulations controlling subdivisions.
8. CHILD CARE CENTER.
9. CEMETERY.
10. RESIDENTIAL THERAPEUTIC CENTER.
11. PIPELINE - DOMESTIC WATER.
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.
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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.
I. ACCESSORY BUILDINGS with a GROSS FLOOR AREA larger than four (4) percent of
the total LOT area, as detailed in Subparagraph D above.
2. BED AND BREAKFAST FACILITIES.
3. CEMETERIES.
4. CHILD CARE CENTERS.
5. HOSPITALS, nursing homes, rehabilitation centers.
6. PIPELINES - DOMESTIC WATER in accordance with Division 6 of Article II of this
Chapter.
7. RESIDENTIAL THERAPEUTIC CENTERS.
8. USES similar to the USES listed as permitted as long as the USE complies with the
general intent of the Zone District.
i
9. WIND GENERATORS requiring the issuance of S
of Article IV of this Chapter.
aecial Review Permit under Division 6
Amend Sec. 23-3-120. R-2 (Duplex Residential) Zone District.
A. Intent. The purpose of the R-2 Zone District is to provide areas in the COUNTY for DUPLEX
residential USES that are located, designed and developed in compliance with Chapter 22the
applicable requirements of this Code and the adopted MASTER PLANS of affected
municipalities. The R-2 Zone District is also intended to accommodate nonresidential land
USES that are both ACCESSORY to, an-dor compatible with, residential USESUses Allowed
by Right in the Zone District. This Zone District may serve as a transition between R-1 and R-
3 or R-4 Zone Districts and should be located such that driveways will be located on low -
traffic, LOCAL PUBLIC or private STREETS or ALLEYS.
B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be used and no BUILDING
or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the
R-2 Zone District except for one (1) or more of the following USES. Land in the R-2 Zone
District must be USED in compliance with the bulk requirements contained in Section 23-160
below. USES within the R-2 Zone District are also subject to the additional requirements
contained in Articles IV and V of this Chapter.
1. FISHING and noncommercial WATER SKIING.
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2. GARDENING.
3. One (1) NONCOMMERCIAL TOWER up to forty (40) feet in height per LEGAL LOT. (See
Section 23-4-895.)
4. PUBLIC parks
5. PUBLIC SCHOOLS
6. One (1) SINGLE-FAMILY DWELLING, DUPLEX DWELLING, FOSTER CARE HOME, or
GROUP HOME FACILITY per LEGAL LOT.
7. UTILITY SERVICE FACILITIES.
1. USE--S-1 i to d -as -use --by ri _ g hl _ in the R Zo n D is rict
2. D U-RL--E EL LTI-N-G-UNI T. Said L h II be connected to and -served by
a PUBLIC WATER system and a PUBLIC SEWER system. This requirement does not
applyto a n L -E AL L-O--T-cre-atad---per ior-to the--o-ri- i-naI-efffecfve date of -this Chia pier :ugust
25, 1981)
3. PUBLIC parks and PUBLIC recreation areas.
4. PUBLIC SCHOOLS.
5. Police and fire stations or facilities.
C. Uses allowed subject to Site Plan Review. The following USES shall be allowed in the R-2
Zone District following approval and recording of a Site Plan in accordance with Article II,
Division 3, of this Chapter.
1. CHURCHES.
2. COMMUNITY BUILDINGS.
3. Golf courses.
4. Police, ambulance, and fire stations or facilities.
5. Private SCHOOLS.
6. RECREATIONAL FACILITIES, PUBLIC and PRIVATE.
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 the Uses
Allowed by Right in the R 2 Zone District. Such BUILDINGS, STRUCTURES and USES must
be designed, constructed and operated in conformance with the bulk requirements contained
i n--Se&ti o 1 -6U -b -glow. ACCESSORY USES -it-h fn the R one D-istri-c-t are also subject
to the additional requirements contained in Articles IV and V of this Chapter. Note: The
combined GROSS FLOOR AREA of all ACCESSORY BUILDINGS constructed after the
original effective date of this Chapter (August 25, 1981) on LOTS in an approved or recorded
subdivision plat or LOTS part of a map or plan filed prior to adoption of any regulations
co n trot ling-su-lacti isi o ns of -less t -h a-n-tee-(-1-+)-acres -hall-not -exceed four percent (4%4-of-t-hs
total lot area, except in the Regional Urbanization Area (RUA), which shall adhere to RUA
development standards. However, in no case shall such an accessory building exceed twice
the gross floor area of the primary residence on the lot except by variance. Any accessory
structure made nonconforming by application of this Section may be repaired, replaced or
restored in total.
1. USES listed as ACCESSORY USES in the R-1 Zone District.
i
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D. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in
the R-2 Zone District so long as they are clearly incidental and ACCESSORY to an allowed
USE. Note: The combined GROSS FLOOR AREA of all ACCESSORY BUILDINGS
constructed after the original effective date of this Chapter (August 25, 1931,) 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.
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 tie recuirements anc orocecures set forte in Artic e , Division 1.
1. USES listed as Uses by Special Review for the R-1 Zone District.
E. Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or
operation in the R-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
X70) feet in heia ht per LEGAL LOT permitted under Section 23-4-895.
3. OIL AND GAS FACILITIES permitted under Division 10 of Article II of this Chapter.
4. PIPELINES - NATURAL GAS or PIPELINES - PETROLEUM PRODUCTS OTHER THAN
NATURAL GAS permitted under Division 11 of Article II of this Chapter.
5. WIND GENERATORS requiring a zoning permit under Division 6 of Article IV of this
Chapter.
F. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be
constructed, occupied, operated and maintained in the R-2 Zone District upon approval of a
permit in accordance with the requirements and procedures set forth in Article II, Division 4 of
this Chapter.
1. ACCESSORY BUILDINGS with a GROSS FLOOR AREA larger than four (4) percent of
the total LOT area, as detailed in Subparagraph D above.
2. CEMETERIES.
3. CHILD CARE CENTERS.
4. HOSPITALS, nursing homes, rehabilitation centers.
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5. PIPELINES - DOMESTIC WATER in accordance with Division 6 of Article II of this
Chapter.
6. RESIDENTIAL THERAPEUTIC CENTERS.
7. USES similar to the USES listed as permitted as long as the USE complies with the
general intent of the Zone District.
8. WIND GENERATORS requiring the issuance of Special Review Permit under Division 6
of Article IV of this Chapter.
Amend Sec. 23-3-130. R-3 (Medium -Density Residential) Zone District.
A. Intent. The purpose of the R-3 Zone District is to provide areas in the COUNTY for
mediumhigher density residential uses that are located, designed and developed in
compliance with Chapter 22the applicable requirements of this Code and the adopted
MASTER PLANS of affected municipalities. The R-3 Zone District is also intended to
accommodate nonresidential land USES that are both ACCESSORY toa andor compatible
witha residential USES.ses Allowed by Right in the Zone District. This Zone District may serve
as a transition between COMMERCIAL Zone Districts and R-1 or R-2 Zone Districts and
should be located in urban or urbanizing areas where schools and COMMERCIAL services
are available.
B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be used, and no BUILDING
or STRUCTURE shall hereafter be erected, structurally altered, enlarged or maintained in the
R-3 Zone District except for one (1) or more of the following USES. Land in the R-3 Zone
District mustan !' ED 4n compliance with the -bulk requirements contained in Section -2-3-3-
160 of this Article. USES within the R 3 Zone District are also subject to the additional
requirements contained in Articles IV and V of this Chapter.
1. DUPLEX DWELLINGS.
2. FISHING and noncommercial WATER SKIING.
3. FOSTER CARE HOMES.
4. GARDENING.
5. GROUP HOME FACILITIES.
6. One (1) NONCOMMERCIAL TOWER up to forty (40) feet in height per LEGAL LOT. (See
Section 23-4-895.)
7. PUBLIC parks
8. PUBLIC SCHOOLS
9. UTILITY SERVICE FACILITIES.
1. Attaehed-DVVEL-LIl l -IJI JITS of -t ut not more than six (6) DWELLING
UNITS per LEGAL LOT. Said DWELLING UNITS shall be connected to and served by a
PUBLIC IC SEW -ER sy is -requirement does not apply
to any LEGAL LOT created prior to the original effective date of this Chapter (August 25,
1981).
2. PUBLIC parks and PUBLIC recreation areas.
3PUBLIC SCHOOL
0
ice and
.
re s
ations or
aci
i
ics.
es.
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6. GROUP HOME FACILITY.
7. FOSTER CARE HOME.
8. PIPELINE - NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS OTHER THAN
NATURAL GAS.
a. LAP Required. No PIPELINE NATURAL GAS or PIPELINE PETROLEUM
PRODUCTS OTHER THAN NATURAL GAS shall be developed in the R-3 (Medium
Density Residential) Zone District until a LAP has been issued by the Department of
Planning Services or the Board of County Commissioners in accordance with the
application -procedures set _ forth -in -Division 11, of -this -Chapter -
C. Uses allowed subject to Site Plan Review. The following USES shall be allowed in the R-3
Zone District following approval and recording of a Site Plan in accordance with Article II,
Division 3, of this Chapter.
1. CHURCHES.
2. COMMUNITY BUILDINGS.
3. Golf courses.
4. Police, ambulance, and fire stations or facilities.
5. Private SCHOOLS.
6. RECREATIONAL FACILITIES, PUBLIC and PRIVATE.
7. TRIPLEX DWELLINGS and MULTIFAMILY DWELLINGS with up to six (6) DWELLING
UNITS per STRUCTURE.
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 the Uses
Allowed by Right in the R 3 Zone District. Such BUILDINGS, STRUCTURES and Uses must
be designed, constructed and operated in conformance with the bulk requirements contained
in -Section -23 -3460 -below. ACCESSORY USES -within the -R -3 -Zone -District are -also subject
to the additional requirements contained in Articles IV and V of this Chapter. Note: The
combined GROSS FLOOR AREA of all ACCESSORY BUILDINGS constructed after the
original effective date of this Chapte
subdivision plat or LOTS part of a map or plan filed prior to adoption of any regulations
controlling subdivisions of less than ten (10) acres shall not exceed four percent (4%) of the
total lot area, except in the Regional Urbanization Area (RUA), which shall adhere to RUA
d eveio prne n#- -t d -a rd s. However i n n -o case sh-a Ul h building exceed twice
the gross floor area of the primary residence on the lot except by variance. Any accessory
structure made nonconforming by application of this Subsection may be repaired, replaced or
restored in total.
1. USES listed as ACCESSORY USES in the R 1 Zone District.
i
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D. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in
the R-3 Zone District so long as they are clearly incidental and ACCESSORY to an allowed
USE. Note: The combined GROSS FLOOR AREA of all ACCESSORY BUILDINGS
constructed after the original effective date of this Chapter (August 25, 1981) on LOTS of less
than ten (10) acres in SUBDIVISIONS and HISTORIC TOWNSITES shall not exceed four (4)
percent of the total LOT area, except in Regional Urbanization Areas (RUA), which shall
adhere to RUA development standards. However, in no case shall such an ACCESSORY
BUILDING in a SUBDIVISION or HISTORIC TOWNSITE exceed twice the GROSS FLOOR
AREA of the principal DWELLING UNIT on the LOT except by VARIANCE. Any ACCESSORY
BUILDING made nonconforming by application of this Section may be repaired, replaced or
restored in total.
1. Parking areas and parking STRUCTURES, not including parking of COMMERCIAL
VEHICLES.
2. STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3-
130.B, not including CARGO CONTAINERS.
3. Swimming pools, tennis courts and similar ACCESSORY USES and STRUCTURES.
4. WIND GENERATORS allowed as ACCESSORY USES in Section 23-4-450 of this
Chapter.
Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be
co n stru-c-ted Gu-peed, opera--t-e-d--a-n-d- maki4a -n-e-d-in- tti e R-3-Zone-Drip-trict _ u-p-o-napproval-ofa
this Chapter.
1., Uses listed as uses by special reviet r fte--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.
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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 aermitted as long as the USE comalies with the
general intent of the Zone District.
8. WIND GENERATORS requiring the issuance of Special Review Permit under Division 6
of Article IV of this Chapter.
Amend Sec. 23-3-140. R-4 (High -Density Residential) Zone District.
A. No area of the COUNTY shall be rezoned to the R-4 Zone District after July 25, 2019. Intent.
The purpose of the R-4 Zone District is to provide areas in the COUNTY for high -density
residential USES _fiat are oca_ec designed and developed in c li n e with rah +er 22 of
this Code and the adopted MASTER PLANS of affected municipalities. The R 4 Zone District
is also intended to accommodate nonresidential land USES that are both ACCESSORY to
and compatible with residential Uses Allowed by Right in the Zone District.
B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be USED, and no
BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or
maintained in the R-4 Zone District except for one (1) or more of the following USES. Land in
the R-4 Zone District must be used in compliance with the bulk requirements contained in
Section 23 3 ' 60 be ow. USES witiin the R L Zone District are also subject to the additional
requirements contained in Articles IV and V of this Chapter.
1. DUPLEX DWELLINGS.
2. FISHING and noncommercial WATER SKIING.
3. FOSTER CARE HOMES.
4. GARDENING.
5. GROUP HOME FACILITIES.
6. One (1) NONCOMMERCIAL TOWER up to forty (40) feet in height per LEGAL LOT. (See
Section 23-4-895.)
7. PUBLIC parks
8. PUBLIC SCHOOLS
9. UTILITY SERVICE FACILITIES.
1. D! E N STRUCTURES of two -(- ) r -m I -TS per LEGAL LOT. Said
DWELLING UNITS shall be connected to and served by a PUBLIC WATER system and
a PUBLIC SEWER system. This requirement does not apply to any LEGAL LOT created
prior to the original effective date of this --(-August 25, 1981).
2. PUBLIC parks and PUBLIC recreation areas.
3. PUBLIC schools.
4. Police and fire stations or facilities.
5. UTILITY SERVICE FACILITIES.
6. GROUP HOME FACILITY.
7. FOSTER CARE HOME.
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8. PIPELINE - NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS OTHER THAN
NATURAL-GAS
a. LAP —Required --o PIPELINE - N- T -U RA L GA —or PIFELINE - PETROLEUM
PRODUCTS OTHER THAN NATURAL GAS shall be developed in the R-4 (High -
Density Residential) Zone District until a LAP has been issued by the Department of
Planning Services or the Board of County Commissioners in accordance with the
application procedures set forth in Division 11, of this Chapter.
C. Uses allowed subect to Site Plan Review. The following USES shall be allowed in the R-4
Zone District following approval and recording of a Site Plan in accordance with Article II,
Division 3, of this Chapter.
1. CHURCHES.
2. COMMUNITY BUILDINGS.
3. Golf courses.
4. Police, ambulance, and fire stations or facilities.
5. Private SCHOOLS.
6. RECREATIONAL FACILITIES, PUBLIC and PRIVATE.
7. TRIPLEX DWELLINGS and MULTIFAMILY DWELLINGS.
Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in
the -Rage ge D i sty-i-ct- so -long -as t ey--are cle arly-i-nctd e t -al_ -n d- -CESS O R t o the -Uses
Allowed by Right in the R 4 Zone District. Such BUILDINGS, STRUCTURES and USES must
be designed, constructed and operated in conformance with the bulk requirements contained
in Section 23 3 160 below. ACCESSORY USES within the R 4 Zone District shall also be
subject to additional requirements contained in Articles IV and V of this Chapter. Note: The
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--ado-p-ti o n of —a n regu-latio n
controlling subdivisions of less than ten (10) acres shall not exceed four percent (4%) of the
total lot area, except in the Regional Urbanization Area (RUA), which shall adhere to RUA
development standards. However, in no case shall such an accessory building exceed twice
structure made nonconforming by application of this Section may be repaired, replaced or
restored in total.
1. USES listed as ACCESSORY USES in the R-1 Zone District
D. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in
the R-4 Zone District so long as they are clearly incidental and ACCESSORY to an allowed
USE. Note: The combined GROSS FLOOR AREA of all ACCESSORY BUILDINGS
constructed after the original effective date of this Chapter (August 25, 1981) on LOTS of less
than ten (10) acres in SUBDIVISIONS and HISTORIC TOWNSITES shall not exceed four (4)
percent of the total LOT area, except in Regional Urbanization Areas (RUA), which shall
adhere to RUA development standards. However, in no case shall such an ACCESSORY
BUILDING in a SUBDIVISION or HISTORIC TOWNSITE exceed twice the GROSS FLOOR
AREA of the principal DWELLING UNIT on the LOT except by VARIANCE. Any ACCESSORY
BUILDING made nonconforming by application of this Section may be repaired, replaced or
restored in total.
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1. Parking areas and parking STRUCTURES, not including parking of COMMERCIAL
VEHICLES.
2. STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3-
140.B, not including CARGO CONTAINERS.
3. Swimming pools, tennis courts and similar ACCESSORY USES and STRUCTURES.
4. WIND GENERATORS allowed as ACCESSORY USES in Section 23-4-450 of this
Chapter.
Uses 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--a-Rd procedures-set-forth--i-rvArti-cl e I I , Division -4 -of
this Chapter.
1. USES listed as Uses by Special Review for the R-1 Zone District.
E. Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or
operation in the R-4 Zone District without prior approval of a land use permit from the
Department of Planning Services.
1. HOME OCCUPATIONS - CLASS I permitted under Division 13 of Article IV of this Chapter.
2. One (1) NONCOMMERCIAL TOWER between forty (40) and seventy (70) feet in height
per LEGAL LOT permitted under Section 23-4-895.
3. OIL AND GAS FACILITIES permitted under Division 10 of Article II of this Chapter.
4. PIPELINES - NATURAL GAS or PIPELINES - PETROLEUM PRODUCTS OTHER THAN
NATURAL GAS permitted under Division 11 of Article II of this Chapter.
5. WIND GENERATORS requiring a zoning permit under Division 6 of Article IV of this
Chapter.
Site Plan Review Required. No land, BUILDING or STRUCTURE shall be USED, changed in
USE or type of occupancy, DEVELOPED, erected, constructed, reconstructed, moved or
structurally altered or operated in the R 4 Zone District until a Site Plan Review has been
the R 4 Zone District certify and state that the district requirements tha
DEVELOPMENT and USE of property zoned R-4 have been or shall be complied with
according -to the intent -of -Article II, Division 3 of thi a. I IaII p isiec
through the Site Plan Review application process.
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.
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6. RESIDENTIAL THERAPEUTIC CENTERS.
7. USES similar to the USES listed as permitted as long as the USE complies with the
general intent of the Zone District.
8. WIND GENERATORS requiring the issuance of Special Review Permit under Division 6
of Article IV of this Chapter.
Amend Sec. 23-3-150. R-5 (MobileManufactured Home Residential) Zone District.
A. Intent. The purpose of the R-5 Zone District is to provide areas in the COUNTY for MOBILE
HOMES USED --for single-family and DUPLEX residential occupancy. These areas are
intended to be located, designed and developed in compliance with Chapter 22the applicable
requirements of this Code and the MASTER PLANS of affected municipalities. The R-5 Zone
District is also intended to accommodate nonresidential land usesLJSES that are both
ACCESSORY to, andor compatible with, residential USES allowed by right in the Zone
District.
B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be USED, and no
BUILDING or STRUCTURE shall be hereafter erected, structurally altered, enlarged or
maintained in the R-5 Zone District, except for one (1) or more of the following USES. Land
in the R-5 Zone District must be USED in compliance with the bulk requirements contained in
Sethan- -2 - 1-6-6 L -ES- ithTh—th-e—R-6 Zone District are subject to the additional
requirements contained in Articles IV and V of this Chapter.
1. FISHING and noncommercial WATER SKIING.
2. GARDENING.
3. One (1) NONCOMMERCIAL TOWER up to forty (40) feet in height per LEGAL LOT.
(See Section 23-4-895.)
4. PUBLIC parks
5. PUBLIC SCHOOLS
6. One (1) SINGLE-FAMILY DWELLING, DUPLEX DWELLING, FOSTER CARE HOME, or
GROUP HOME FACILITY per LEGAL LOT.
7. UTILITY SERVICE FACILITIES.
1 One (1) MOBILE HOME, MANUFACTURED HOME or SINGLE FAMILY DWELLING per
LEGAL LOT. The MOBILE HOME, MANUFACTURED HOME or SINGLE-FAMILY
DWELL! \IG sia I be connecter to anc served by a PUBLIC WATER system anc a PUBLIC
SEWER system. This requirement does not apply to any LEGAL LOT created prior to the
original effective date of this Chapter (August 25, 1981).
PUZUI Is.
4. Police and fire stations or facility.
5. UTILITY SERVICE FACILITIES.
6. GROUP HOME FACILITY.
7. FOSTER CARE HOME.
i
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8. PIPELINE - NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS OTHER THAN
NATU R -A -L- -, :
a . LAP Requ1rod . !-o RI -RE -L -I N E - NAT AL GAS —o -r PIPELINE - PETROLEUM
PRODUCTS OTHER THAN NATURAL GAS shall be developed in the R-5 (Mobile
Home Residential) Zone District until a LAP has been issued by the Department of
Planning Services or the Board of County Commissioners in accordance with the
application procedures set forth in Division 11, of this Chapter.
C. Uses allowed subject to Site Plan Review. The following USES shall be allowed in the R-5
Zone District following approval and recording of a Site Plan in accordance with Article II,
Division 3, of this Chapter.
1. CHURCHES.
2. COMMUNITY BUILDINGS.
3. Golf courses.
4. Police, ambulance, and fire stations or facilities.
5. Private SCHOOLS.
6. RECREATIONAL FACILITIES, PUBLIC and PRIVATE.
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 the Uses
Allowed by Right in the R 5 Zone District. Such BUILDINGS, STRUCTURES and USES must
be designed, constructed and operated in conformance with the bulk requirements contained
in Section 23 3 160 below. ACCESSORY USES within the R 5 Zone District are also subject
to the additional requirements contained in Articles IV and V of this Chapter. Note: The
Comb, G,R FLOOR A R EAR- U A►CC ES ORY -B-U-I L DI Neo n-stru cted after th e
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
controlling subdivisions of less than ten (10) acres shall not exceed four percent (4%) of the
total lot area, except in the Regional Urbanization Area (RUA), which shall adhere to RUA
the gross floor area of the primary residence on the lot except by variance. Any accessory
s-tru ctu re made n a nco nfo-rming iy-e p -1 i cati o n-o-f-th-i - u b s e ctio-n-maybe re paced L re p a ced or
restored in total.
1. USES listed as ACCESSORY USES in the R-1 Zone District.
D. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in
the R-5 Zone District so long as they are clearly incidental and ACCESSORY to an allowed
USE. Note: The combined GROSS FLOOR AREA of all ACCESSORY BUILDINGS
constructed after the original effective date of this Chapter (August 25, 1981) on LOTS of
less than ten (10) acres in SUBDIVISIONS and HISTORIC TOWNSITES shall not exceed
four (4) percent of the total LOT area, except in Regional Urbanization Areas (RUA), which
shall adhere to RUA development standards. However, in no case shall such an
ACCESSORY BUILDING in a SUBDIVISION or HISTORIC TOWNSITE exceed twice the
GROSS FLOOR AREA of the principal DWELLING UNIT on the LOT except by VARIANCE.
Any ACCESSORY BUILDING made nonconforming by application of this Section may be
repaired, replaced or restored in total.
1. Parking areas and parking STRUCTURES, not including parking of COMMERCIAL
VEHICLES.
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2. STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3-
150.B, not including CARGO CONTAINERS.
3. Swimming pools, tennis courts and similar ACCESSORY USES and STRUCTURES.
4. WIND GENERATORS allowed as ACCESSORY USES in Section 23-4-450 of this
Chapter.
Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be
t-h-i--Cha0er.
1. USES Iisted as Uses -by -Spec iLRevE for t -he -R-1 Zone District.
E. Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or
operation in the R-5 Zone District without prior approval of a land use permit from the
Department of Planning Services.
1. HOME OCCUPATIONS - CLASS I permitted under Division 13 of Article IV of this Chapter.
2. One (1) NONCOMMERCIAL TOWER between forty (40) and seventy (70) feet in height
per LEGAL LOT permitted under Section 23-4-895.
3. OIL AND GAS FACILITIES permitted under Division 10 of Article II of this Chapter.
4. PIPELINES - NATURAL GAS or PIPELINES - PETROLEUM PRODUCTS OTHER THAN
NATURAL GAS permitted under Division 11 of Article II of this Chapter.
5. WIND GENERATORS requiring a zoning permit under Division 6 of Article IV of this
Chapter.
F. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be
constructed, occupied, operated and maintained in the R-5 Zone District upon approval of a
permit in accordance with the requirements and procedures set forth in Article II, Division 4 of
this Chapter.
I. 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.
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Amend Sec. 23-3-160. Bulk requirements.
The following Tables 23.4 and 23.25 below lists the Bulk Requirements for the R-1, R-2, R-
3, R-4 and R-5 Zone Districts. All BUILDINGS, STRUCTURES, USES, and land in the Residential
Zone Districts are sub'ect to the recuirements contained in this Section.
Table 23.42
Bulk Requirements for R-1, R-2, R -3s and R-4, and R-5 Zone Districts
Section
Requirement
R-1
R-2
R-3
R-4
R-5
A.
Minimum LOT size (sq.
ft.)
6,000
6,000
6,000
6,000
6,000
Minimum
LOT
area residential
3,000
per
6,000
600
4,500
STRUCTURE
(sq.
ft)
Minimum LOT area/ad-n-4 per
CB.
6,000
3,000
3, 000
1,500
3 000
DWELLING
UNIT
(sq.
ft.)
C.
Minimum LOT width
50
50
50
50
50
D.
Minimum SETBACK (feet)
20
20
20
20
20
Five (5) feet,
or one (1)
foot
for each
three
(31
Minimum OFFSET (feet).
Fences
feet
of BUILDING HEIGHT, whichever
is
greater,
are not
required
to
comply
with
or zero (0) for attached
DWELLING
UNITS,
E.
the
minimum OFFSET
and may
where
and where located
along
a
permitted
party
be located
on the line
wall meeting
the requirements
of Chapter
29 of
property
the Weld County
Code.
30
30
45
30
Maximum BUILDING HEIGHT
F.
(feet)
30
G.
Maximum LOT
50
60
60
70
60
covcragoCQVERA E (%)
Two (2)
LOT in R-1 Zone District,
Subject
to
per
Maximum number of ANIMAL
the
additional
requirements
of
Section 23-4-710.
H.
UNITS
permitted
per LOT
ANIMAL UNITS are
R-4 and
not
R-6
permitted
Zone
in
Districts.
the
R-2, R-3,
Maximum number of
Up
to four (4) of one (1) species
or a
total
of
L
HOUSEHOLD PETS
per
seven (7) of two (2) or more species.
premises
i
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Delete Table 23.5 — Bulk Requirements for R-5 Zone District.
Table 23.5
Bulk Requirements -for -R-5 Zone District -
Requirement
R-5Section
(Mobile
4 -5
Home
(Mobile
Park)
Subdivision)
Home
N/A
6,000
Minimum LOT area (sq. ft.)
,at
N/A
50
Minimum LOT width (feet)
4<„
Minimum SETBACK
See Note
I -below
See Note
I -below and
and
Subsection L.1
Subsection LA
OFFSET (feet)
1 -The minimum front yard SETBACK in MOBILE HOME PARKS and MOBILE HOME
SUBDIVISIONS shall be twenty (20) feet. The minimum front yard setback for MOBILE
HOME PARKS approved pror-t-o-d a n u-ary- , 1973, and MO -BILE H 1E 1
approved prior to January 1, 1965, shall be zero (0) feet. The location in these parks and
subdivisions for MOBILE HOMES shall be such that no MOBILE HOME or attached portion
of a MOBILE HOME will encroach the nearest travel land or the ADJACENT road, flow line
of the ADJACENT road or sidewalk ADJACENT to the MOBILE HOME.
U. Minimum side yard OFFSETS and SETBACKS minimum rear yard OFFSETfor EXISTING
MANUFACTURED HOME PARKS.
1. The side and rear yard OFFSET requirements in MOBILEMANUFACTURED HOME
PARKS shall be based on the distance between MOBILEMANUFACTURED HOME units
measured from the closest point or edge of the MOBILEMANUFACTURED HOME as
follows:
a. Ten (10) feet between MOBILEMANUFACTURED HOMES if the units are placed end
(width) to end (width).
b. Fifteen (15) feet between MOBILEMANUFACTURED HOMES if the units are placed
side {length} to side (length).
c. Twelve and one half (12.5) feet between MOBILEMANUFACTURED HOMES if the
units are placed side (length) to end (width).
d. For the purpose of this Subsection, the ends (width) of MOBILEMANUFACTURED
HOMES that are greater than sixteen (16) feet in width, such as double -wide
MOBILEMANUFACTURED HOMES, shall be considered to be sides of the
M9BIL-EMAN UFACTURED HOME in measuring distances between
MOBILEMANUFACTURED HOME units.
e. A MOBILEMANUFACTURED HOME shall have a minimum OFFSET of five (5) feet
from the perimeter of the MOBILEMANUFACTURED HOME PARK or from any
ADJACENT property which is not approved to be utilized for a MOBILE HOME.
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f. ACCESSORY BUILDINGS and STRUCTURES on the same LOT or space as a
MOBILEMANUFACTURED HOME shall have a minimum clearance of ten (10) feet
from any STRUCTURE or MOBILEMANUFACTURED HOME on any other LOT or
space•
g. Commonly owned or utilized BUILDINGS which are accessoryACCESSORY to the
parkMANUFACTURED HOME PARK site shall have a minimum clearance of ten (10)
feet from any other STRUCTURE or MOBILEMANUFACTURED HOME.
2. REPEALED.The side and rear yard OFFSET requirements in the MOBILE HOME
SUBDIVISIONS shall be as follows:
a. The side (length) of a MOBILE HOME shall be placed no less than seven and one half
(7.5) feet from any rear or side yard LOT line.
b The end--(-width)--of a MOBILE -HOME shall -be -placed -no -less -than -five -(5) -fee ny
rear or side yard LOT line.
c. For the purpose of this Subsection, the ends (width) of MOBILE HOMES that are greater
than sixteen (16) feet in width shall be considered to be sides (lengths) of MOBILE
HOMES for the purpose of measuring offset.
d. ACCESSORY BUILDINGS and STRUCTURES on the same lot or space as a MOBILE
e. Commonlyo- n -e -d -or u-til i zed BUILDINGSBUILDI-NGS-4Athich are ACCESSORY -to _ the -subdivisions
shall have minimum side and rear YARD OFFSET from the LOT line of ten (10) feet.
MK. No occupied BUILDING or STRUCTURE shall be constructed within a -three -hundred -fifty
(350) feet -foot radius of any OIL AND GAS PRODUCTION FACILITYIES ES or within a -twenty-
five (25) feet foot radius of any plugged or abandoned oil and gas well. Any construction within
a three -hundred -fifty -foot radius of OIL AND GAS PRODUCTION FACILITIES shall require a
variance from the terms of this Chapter in accordance with Subsection 23 6 10.C of this Code.
NL. Sources of light shall be shielded so that beams or rays of light will not shine directly onto
ADJACENT properties or PUBLIC or private STREETS/ROAD. Neither the direct nor reflected
light from any light source may create a traffic hazard to operators of motor vehicles on
PUBLIC or private STREETS/ROAD. No colored lights may be used which may be confused
with or construed as traffic control devices. All external lighting shall be -designed in
accordance with Paragraph 23-2-160.116.
Sec. 23-3-170. - Farming of undeveloped land.
FARMING shall be allowed on any undeveloped land in any R Zone District as long as the
maximum number of ANIMAL UNITS per LOT is not exceeded in the R-1 Zone District. No
ANIMAL UNITS are permitted in other R Zone Districts.
Division 3 - Commercial Zone Districts
Amend Sec. 23-3-200. Intent.
The COMMERCIAL Zone Districts are intended to implement the goals and policies of the
COMPREHENSIVE PLAN and promote economic development and job creation by setting aside
areas for businesses. These districts have been established to provide for COMMERCIAL areas
that meet the needs of COUNTY residents and the traveling public. Attractive, inviting, and well -
maintained shoos, stores, OFFICES, and other BUILDINGS are characteristics of these districts.
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The C-1, C-2, C-3 and C-4 COMMERCIAL Zone Districts are intended to provide safe,
efficient offer goods and —services at holesale or -retail. The regulations
contained herein have been established so as to provide for COMMERCIAL areas in the
without crediting adverse effects on surround'nj
established. These regulations are also designed to promote the health, safety and general
welfare of the present and future residents of the COUNTY.
Amend Sec. 23-3-210. c -'I (Neighborhood Commercial) Zone District.
A. Intent. The purpose of the -1 Zone District is to designate areas for activities that provide
convenient goods, services, and compatible USES primarily for the residents of adjacent
NEIGHBORHOODS. When designed properly, development in this district can be located
within NEIGHBORHOODS,, or serve as a transitional area between properties zoned
Residential and properties zoned for more intense USES. establish and preserve areas for
activities which provide convenience goods and services primarily for the residents of a
specific NEIGHBORHOOD. The C-1 Zone Districts shall be located, designed and operated
in a manner that minimizes the undesirable impacts of the allowed commercial USES on the
NEIGHBORHOOD in which 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 following USES listed in
this section. a which--must---be con -ducted in ENCLOSED-EUILDINGS and in
the performance standards contained in Section 23 3 250, below. No outside
storageOUTDOOR STORAGE will be is allowed in the C-1 Zone District. USES within the -
1 Zone District shall also be subject to additional requirements contained in Articles IV and V
of this Chapter.
1. Stores and shops which furnish personal services and merchandise primarily intended for
personal, family or household purposes by the residents of the area in which the use is
located. Individual stores or shops may not have a GROSS FLOOR AREA greater than
th-rem-t-housan-d-(-, 00-0) square feet:-Sto-res--a--n-d---shops--i-n th-e-C-1 Zones --L i-strtct-may not
have business hours during any part of the period between 10:00 p.m. and 6:00 a.m.
Examples of proper -stores or -shops in-el-u-degon,venience food -stores, hardware stores,
barber or beauty shops, liquor stores, dry cleaners and coin operated laundries&One (1)
NONCOMMERCIAL TOWER per LEGAL LOT up to forty (40) feet in height per LEGAL
LOT. (See Section 23-4-895.)
2. RESTAURANTS, not including those having a total customer seating capacity of more
than one hundred (100) and not including RESTAURANT operations including the delivery
of food or beverages to customers' vehicles on the premises or RESTAURANT operations
that are predominantly off -premises consumption in nature.PUBLIC PARKS.
3. PUBLIC SCHOOLS and PUBLIC SCHOOL extension classes.
4.
.TELECOMMUNICATION
ANTENNA TOWERS up to thirty-five (35) feet in height.
5. PUBLIC RECREATIONAL FACILITIES, community BUILDINGS, museums and
l ibraries. UTI LITY SERVICE FACILITIES.
Delete 6. thru 16.a.
6. Police and fire stations and facilities.
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7. OFFICES, but not including INDIVIDUAL OFFICES with A GROSS FLOOR AREA over
three thousand (3,000) square feet.
SERVICE FACIL-ITI€S.
9. CHILD CARE CENTER.
10. TEMPORARY seasonal uses, including fruit and vegetablestands, and facilities for the
sale of fireworks and Christmas trees, subject to the permit requirements of Article IV,
Division 7 of this Chapter.
11. Massage parlor.
12. Asphalt or concrete batch plant used temporarily and exclusively for an on site
construction project or the completion of a PUBLIC road improvements project. The six-
month limitation for this TEMPORARY use may be extended in six month increments at
the discretion of the Director of Planning Services up to two (2) times, and thereafter by
the Board of County missioners.
13. One (1) TELECOMMUNICATION ANTENNA TOWER subject to the provisions of Article
IV, Division 10 of this Chapter.
14. BREWPUB.
15. OIL AND GAS FACILITIES.
a. WOGLA Required. No OIL AND GAS FACILITY shall be developed in the C-1
(Neighborhood Commercial) Zone District until a WOGLA has been issued by the
Department of Planning Services or the Board of County Commissioners in
accordance with the application procedures set forth in Article II, Division 10, of this
Chapter.
16. PIPELINE - NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS OTHER THAN
NATURAL GAS.
a. LAP Required. No PIPELINE NATURAL GAS or PIPELINE PETROLEUM
PRODUCTS OTHER THAN NATURAL GAS shall be developed in the C'1
(NeighborhoodCo mercial) Zone District until a LAP has been issued by the
Department of Planning Services or the Board of County Commissioners in
accordance -with -the application procedures -set -forth i n-Divis i o -n 1- , of- this Chapter.
C. Uses allowed subject to Site Plan Review. The following USES shall be allowed in the C-1
Zone District following approval and recording of a Site Plan in accordance with Article II,
Division 3. of this Chapter. Any USE conducted outside of an ENCLOSED BUILDING shall
be SCREENED from ad'acent PUBLIC RIGHTS -OF -WAY and ADJACENT LOTS in any Zone
District other 1-3.
1. BREW PUBS.
2. CAR WASHES and gas stations.
3. CHILD CARE CENTERS.
4. CHURCHES.
5. COMMERCIAL SCHOOLS.
6. COMMUNITY BUILDINGS.
7. CONTRACTOR'S SHOPS.
i
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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.
Accessory Uses. The fol ^,ri B rIII S, STRUCTURES a, d USES shall be allowed —in
the C-1 Zone District so long as they are clearly incidental and ACCESSORY to the Uses
Allowed by Right. Such BUILDINGS, STRUCTURES and USES must be designed,
constructed and operated in conformance with the performance standards contained in
Section 23-3-250 below. ACCESSORY USES within the C-1 Zone District shall also be
subject to additional--req-u- ren les IV and V of this Chapters
1. Parking areas or STRUCTURES for USE by employees, customers and company vehicles so
long as such parking areas are paved and SCREENED from ADJACENT properties zoned R-
1, R-2, R-3, R-4 or R-5.
2. Loading areas or STRUCTURES so long as such loading areas or STRUCTURES are
SCREENED from ADJACENT properties zoned R-1, R-2, R-3, R-4 or R-5.
3. Storage BUILDINGS for materials used in the conduct of the Use Allowed by Right so long as
the GROSS FLOOR AREA of the ACCESSORY BUILDING does not cause the total GROSS
FLOOR AREA of the principal USE and ACCESSORY USE to be larger than permitted for
the -principal USE.
4. One --O4- NN -L E FA-M.ItY-D-W-E-L L I N -G UNIT- h ew U S E n a s living -quarters -for -the -proprietor,
employees, caretakers or security personnel responsible for operating, maintaining or
guard i rig -the --property where such-- D- ELLIN G UNIT —is is enclosed -within the P R I N C l L
BUILDING.
5. WIND GENERATORS, which may require the issuance of aZoning Permit for WIND
GENERATOR, as per Chapter 23, Article IV, Division 6 of this Code.
6. TELECOMMUNICATION ANTENNA TOWERS, which require the issuance of a Zoning
Permit for a TELECOMMUNICATION ANTENNA TOWER, subject to the provisions of Article
IV, Division 10 of this Chapter.
7. NONCOMMERCIAL TOWER.
D. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in
the C-1 Zone District so long as they are clearly incidental and ACCESSORY to an allowed
USE and included on an approved and recorded Site Plan. Any USE conducted outside of an
ENCLOSED BUILDING shall be SCREENED from adjacent PUBLIC RIGHTS -OF -WAY and
ADJACENT LOTS in any Zone District other 1-3.
1. Loading areas.
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2. Parking areas and parking STRUCTURES for USE by employees, customers and
company vehicles.
3. One CI) 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.
Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be
construct e d a cupt opera ted--a-n i- t i n- don -the -C tZ o -n e D i-s-tiEc t-u-po-n-a-pp-rova I of a
permit in accordance with the requirements and procedures set forth in Article II, Division 4 of
this Chapter.
1. Private or COMMERCIAL RECREATIONAL FACILITIES.
2. RESTAURANTS —with —outdoor seating capabilities, provided that such outdoor areas are
SCREENED and do not create a RESTAURANT capacity of over one hundred (100).
3. Storage BUILDINGS for materials USED in the conduct of the Use Allowed by Right which
are -larger -than -otherwise -permitted as an-ACCESSORYin-th--G--1-Zone District.
4. Stores and shops -which ch furnish personal-services-and-meprimarily i nt n-d-ed-€o-r
personal, family or household purposes by the residents of the area in which the USE is
located and which do not meet the limitations of the C'1 Zone District for size or hours of
operation.
5. OFFICES with GROSS FLOOR AREA larger than three thousand (3,000) square feet.
6. OIL OR GAS PRODUCTION FACILITIES.
7. One (1) MOBILE HOME when USED as living quarters for the proprietor, employees,
caretakers or security personnel —responsible for operating, ininom, , r inom,the
property subject to the provisions of Section 23-4-220.
8. CEMETERY.
9. RESIDENTIAL THERAPEUTIC CENTER.
10. WIND GENERATORS requiring the issuance of Use -by -Special Review Permit, as per
Chapter 23, Article II, Division 4 and Chapter 23, Article IV, Division 6 of this Code.
11. TELECOMMUNICATION ANTENNA TOWERS, which require a Use by Special Review
Permit, subject to the provisions of Article IV, Division 10 of this Chapter.
12. PIPELINE - 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.
I. 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.
i
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i
2. One (1) NONCOMMERCIAL TOWER between forty (40) and seventy (,70) feet in height
per LEGAL LOT permitted under Section 23-4-895.
3. OIL AND GAS FACILITIES permitted under Division 10 of Article II of this Chapter.
4. PIPELINES - NATURAL GAS or PIPELINES - PETROLEUM PRODUCTS OTHER THAN
NATURAL GAS permitted under Division 11 of Article II of this Chapter.
5. TELECOMMUNICATIONS ANTENNA TOWERS between thirty-five (35) and seventy (70)
feet in height permitted under Division 10 of Article IV of this Chapter.
6. TEMPORARY seasonal USES permitted under Division 7 of Article IV of this Chapter.
7. WIND GENERATORS requiring a zoning permit under Division 6 of Article IV of this
Chapter.
Site Plan Review Required. No land, BUILDING or STRUCTURE shall be USED, changed in
USE or type of occupancy, DEVELOPED, erected, constructed, reconstructed, moved or
structurally altered or operated in the C-1 Zone District until a Site Plan Review has been
approved by tie Department of Panning Services. It shall be necessary that the applicant in
the C-1 Zone District certify and state that the performance standards and district
le -to the -DEVELOP
0-4
have been or shall be complied with according to the intent of Article II, Division 3 of this
Chapter. This shall be accomplished through the Site Plan Review application process. Uses
listed in Subsection D above as Uses by Special Review-i
exempt from the Site Plan Review process and shall make application for approval of a permit
in accordance with the requirements and procedures set forth in Article II, Division 4 of this
Chapter.
4I. Commercial towers subject to the provi i-ens of Section 23-4-800.
2. CHURCH.
F. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be
constructed, occupied, operated and maintained in the C-1 Zone District upon approval of a
permit in accordance with the requirements and procedures set forth in Article II, Division 4 of
this Chapter.
1. CEMETERIES.
2. Golf courses.
3. HOTELS/MOTELS.
4. KENNELS.
5. Open MINING and processing of minerals.
6. PIPELINE - DOMESTIC WATER in accordance with Division 6 of Article II of this Chapter.
7. RECREATIONAL FACILITIES, COMMERCIAL.
8. RESIDENTIAL THERAPEUTIC CENTERS.
9. TELECOMMUNICATIONS ANTENNA TOWERS over seventy (70) feet in height.
10. USES similar to the USES listed as permitted as long as the USE complies with the
general intent of the Zone District.
11. Veterinary clinics or animal hospitals.
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12. WIND GENERATORS requiring the issuance of Special Review Permit under Division 6
of Article IV of this Chapter.
Performa , - t -rd - urnpliance RequTre+ l I B U tL-D-I--N a T -R -U- T U -R ES ---and lan d -
located in the C-1 Zone District shall be located, designed, used and occupied in such a
manner that the design and operation standards contained in Section 23-3-250 below are
met.
G. REPEALED.Bulk Requirements. See Section 23-3-250 below.
H. REPEALED.USES similar to the USES listed above, so long as the USE complies with the
general intent of-the--O-14Ne i-g h-borh ood Co m -r-i-ct
Amend Sec. 23-3-220. C-2 (General Commercial) Zone District.
A. Intent. The purpose of the C-2 Zone District is to designate areas for more intense, higher
traffic, or lamer scale USES than the C-1 district. C-2 District properties typically provide
goods and services to the residents of multiple NEIGHBORHOODS and in close proximity to
residential USES. Additionally, the C-2 District provides for the orderly development of those
USES necessary to meet the community's social, cultural, medical, institutional, OFFICE, and
civic needs.
Intent. The purpose of the G2 Zone District is to establish and preserve areas for activities
which provide goods and services to the residents or areas larger than a local
NEIGHBORHOOD. The C 2 Zone Districts shall be located, designed and operated in a
manner that minimizes the undesirable impacts of the USES on the area in which 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-2 Zone District except for one (1) or more of the following USES listed in
this section., which must be ENCLOSED and conducted in compliance with the performance
standards contained in Section 23-3-250, below. No outside storageOUTDOOR STORAGE
will be allowed in the C-2 Zone District. USES within the C 2 Zone District shall also be subject
to additional requirements contained in Articles IV and V of this Chapter.
I. 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. Uses Allowed by Right in the C-1 Zone District.
2. Stores and shops furnishing services and merchandise at retail to the general public.
3. RESTAURANTS, including DRIVE-IN RESTAURANTS.
\IIGHTCLUBS, BARS, LOUNGES and TAVERNS.
5. BREWPUB.
•6THEATE-RS; t-e-nti o n -h -ell -n ofh-e -h _ faciUt i-es-an-d- S TU-R-E S; p _ rivate or
PUBLIC, with seating capacities not over one thousand (1,000).
i
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7. Establishments for the sale and care of HOUSEHOLD PETS.
8. OFFICES.
storage STRUCTURES having an open side shall be permitted so long as the open side
is not visible from the public rights -of -way or from surrounding properties.
10. Establishments for the repair and/or restoration of small electrical equipment and
appliances such as radios, television sets, business office machines and household
appliances.
11. Private and COMMERCIAL RECREATIONAL FACILITIES.
13. Mortuaries and FUNERAL HOMES.
1 TE-L r -MOTEL .
1-5►D-U--L U& NT E , SERVICE or E NTE RT U'I--I E -N -T —E TAB L I H--M-E-NT—su-bke t _ to the
provisions of Article IX of this Chapter.
16. One (1) microwave, COMMERCIAL radio, television or other communication transmission
or relay _ tower seen -t -(-70) feet or less i-n--h e ight--per-LOT (measured _ from -ground level).
17. One (1) TEL EC, --t--�--H- TI -ON- NTEA N; TOWER subject t� the -pr i � f rticle
IV, Division 10 of this Chapter.
18. OIL AND GAS FACILITIES.
a. WOGLA Required. No OIL AND GAS FACILITY shall be developed in the C- 2
(General Commercial) Zone District until a WOGLA has been issued by the
Department of Planning Services or the Board of County Commissioners in
accordance w ith-the--,ap-pttcation procedures set forth -in -Article -II, Division 10, of this
Chapter.
19. PIPELINE - NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS OTHER THAN
NATURAL GAS.
a. LAP Required. No PI-PELINE I N E--NA-T-! RA --GAS or —PIPELINE - PETROLEUM
PRODUCTS OTHER THAN NATURAL GAS shall be developed in the C-2 (General
Co m merc-ial-)- -e-D- tr-iot-untfl--LAP has - t -h -e- Depa rime I a n n i-n-g
Services or the Board of County Commissioners in accordance with the application
procedures set forth in Division 11, of this Chapter.
C. Uses allowed sub ect to Site Plan Review. The following USES shall be allowed in the 0-2
Zone District following approval and recording of a Site Plan in accordance with Article II,
Division 3, of this Chapter. No OUTDOOR STORAGE will be allowed in the 0-2 Zone District.
Any USE conducted outside of an ENCLOSED BUILDING shall be SCREENED from adjacent
PUBLIC RIGHTS -OF -WAY and ADJACENT LOTS in any Zone District other 1-3.
1. BREW PUBS.
2. CAR WASHES and gas stations.
3. CHILD CARE CENTERS.
4. CHURCHES.
5. COMMERCIAL SCHOOLS.
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6. COMMUNITY BUILDINGS.
7. CONTRACTOR'S SHOPS.
8. EVENT FACILITIES.
9. Farm equipment sales, repair, and installation facilities.
10. FUNERAL HOMES and mortuaries.
11. Golf courses.
12. Grain, seed, feed, and fertilizer retail and wholesale sales establishments.
13. HOSPITALS, nursing homes, rehabilitation centers.
14. HOTELS/MOTELS.
15. LUMBERYARDS/WOODWORKING.
16. NIGHTCLUBS, BARS, LOUNGES OR TAVERNS.
17. OFFICES.
18. Police, ambulance, and fire stations or facilities.
19. RECREATIONAL FACILITIES, COMMERCIAL, PUBLIC and PRIVATE.
20. REPAIR SERVICE ESTABLISHMENT.
21. RESTAURANTS.
22. RETAIL/SERVICE ESTABLISHMENTS with a total GROSS FLOOR AREA of up to twenty
thousand (20,000) square feet per LEGAL LOT.
23. SCHOOLS, private.
24. THEATERS and convention halls.
25. Veterinarian clinics and animal hospitals.
26. VEHICLE RENTAL, SALES, SERVICE and/or REPAIR ESTABLISHMENTS.
Accessory Uses. The following BUIL, CTR _ I TI_i Send -1 II be allowed in
the C-2 Zone District so long as they are clearly incidental and ACCESSORY to the Uses
Allowed by Right. Such BUILDINGS, STRUCTURES and USES must be designed,
constructed and operated in conformance with the performance standards contained in
Section 23-3-250 below. ACCESSORY USES within the C-2 Zone District shall also be
subject to additional requirements contained in Articles IV and V of this Chapter.
1. Parking areas or STRUCTURES for USE by employees, customers and company vehicles so
long as such parking areas are paved and SCREENED from ADJACENT property zoned R-
1, _ R -2 -R -31-R-4, R-5, C-1, _ 0 -4 -o -r I -1.
2. Loading areas or -S-TRU CT S -s -o l-ong as such-Io-ad-i-ng -areas o UCTURE-S--a-r--e
SCREENED from direct view of persons on ADJACENT properties zoned R-1, R-2, R-3, R-4,
3. Storage- E-U1-LDTN-G -f-o teri als--USE Don th moo- clu-ct -of _ theUe-Al I owe c -b Right
r1. One 01) SINGLE FAMILY DWELLING UNIT when USED as living quarters for the proprietor,
employees, caretakers or security personnel responsible for operating, maintaining or
guarding _ the--p-roa re--suc-h-D -E L LI-N-G- UNITT is ENCLOSED within _ the--pri-n-c-i-pal
building.
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5. WIND GENERATORS, which may require the issuance of a Zoning Permit for WIND
23, Article I , r- ivisi n f _ this -Code.
-T-E-L� - J- 1 CAT I ON -A NTE--NN R thi ch require _ the issuance of --a- Zo n i-n-g
Permit for a TELECOMMUNICATION ANTENNA TOWER, subject to the provisions of Article
IV, Division 10 of this Chapter.
71\1-ONCOMMERGIALTOWEIR,
D. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in
the O-2 Zone District so long as they are clearly incidental and ACCESSORY to an allowed
USE and included on an approved and recorded Site Plan. Any USE conducted outside of an
ENCLOSED BUILDING shall be SCREENED from adjacent PUBLIC RIGHTS -OF -WAY and
ADJACENT LOTS in any Zone District other 1-3.
1. Loading areas.
2. Parking areas and parking STRUCTURES for USE by employees, customers and
company vehicles.
3. One (1) SINGLE-FAMILY DWELLING UNIT when USED as living quarters for the
proprietor, employees, caretakers or security personnel responsible for operating,
maintaining or guarding the property where such DWELLING UNIT is ENCLOSED within
the PRINCIPAL BUILDING.
4. STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3-
220.B, not including CARGO CONTAINERS.
5. WIND GENERATORS allowed as ACCESSORY USES in Section 23-4-450 of this
Chapter.
Uses -by -Special -Review. The-folao i ng-E U I L DINGS, T R CT URES 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 Artiste II, Division 4 of this Chapter.
Mi Ewa - COM M -E F -I-A1 r-- di o - e-v-isi n--or-other GOM mu n i cat-i o n transmission -or relay
towers over seventy (70) feet in height (measured from ground level). Commercial towers
subject to the provisions of Section 23-4-800.
2. T H -EAT -E R- ant io n-h-a-lls and o-th er such --fa c i ftti es-ith-se a,ttn g ca pac-iti es over o n e
thousand (1,000).
3. Gasoline service stations.
4. OIL AND GAS PRODUCTION FACILITIES.
5. One (1) MOBILE HOME when USED as living quarters for the proprietor, employees,
caretakers or -security personnel responsible for operating, maintaining or guarding the
property subject to the provisions of Section 23-4-220.
6. CEMETERY.
7. RESIDENTIAL THERAPEUTIC CENTER.
8. WIND GENERATORS requiring the issuance of Use -by -Special Review Permit, as per
Chapter 23, Article II, Division 4 and Chapter 23, Article IV, Division 6 of this Code.
9. TELECOMMUNICATION ANTENNA TOWERS, which require a Use by Special Review
Permit, subject to the provisions of Article IV, Division 10 of this Chapter.
10. PIPELINE - DOMESTIC WATER.
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E. Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or
operation in the C-2 Zone District without prior approval of a land use permit from the
Department of Planning Services.
1. One (1) MANUFACTURED HOME per LEGAL LOT, when USED as living quarters for
caretaker or security personnel responsible for maintaining or guarding the property,
permitted under Division 3 of Article IV of this Chapter.
2. One (1) NONCOMMERCIAL TOWER between forty (40) and seventy (70) feet in height
per LEGAL LOT permitted under Section 23-4-895.
3. OIL AND GAS FACILITIES permitted under Division 10 of Article II of this Chapter.
4. PIPELINES - NATURAL GAS or PIPELINES - PETROLEUM PRODUCTS OTHER THAN
NATURAL GAS permitted under Division 11 of Article II of this Chapter.
5. TELECOMMUNICATIONS ANTENNA TOWERS between thirty-five (35) and seventy (70)
feet in height permitted under Division 10 of Article IV of this Chapter.
6. TEMPORARY seasonal USES permitted under Division 7 of Article IV of this Chapter.
7. WIND GENERATORS requiring a zoning permit under Division 6 of Article IV of this
Chapter.
Site Plan Review Required. No land, BUILDING or STRUCTURE shall be USED, changed in
USE or type of occupancy, DEVELOPED, erected, constructed, reconstructed, moved or
structurally altered or operated in the C-2 Zone District until a Site Plan Review has been
approved -by -the Department of Planningr ices. It shall be necessary -that -the applicant in
the O-2 Zone District certify and state that the performance standards and district
requirements that are applicable to the DEVELOPMENT and USES of property zoned C-2
have been or shall be complied with according to the intent of Article II, Division 3 of this
Chapter. This shall be accomplished through the Site Plan Review application process. Uses
listed in Subsection D above as Uses by Special Review in the C 2 Zone District shall be
exempt from the Site Plan Review process and shall make application for approval of a permit
in accordance with-t1i e---r-equ-i re me-n-ts--a-n-d procedures set forth i n --Anti cl-e-H , D ivi his
Chapter.
1. Commercial towers are subject to the provisions of Section 23-4-800.
2. CHURCH.
F. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be
constructed, occupied, operated and maintained in the C-2 Zone District upon approval of a
permit in accordance with the requirements of Article III 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.
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9. WIND GENERATORS requiring the issuance of Special Review Permit under Division 6
of Article IV of this Chapter.
Peff -an-oe -tan-d- - o m pli ance- Requa d l I B U IL -DIN a T -R -U- TU F ES -an -d I-a-nd
located in the C-2 Zone District shall be located, designed, USED and occupied in such a
manner that the design and operation standards contained in Section 23-3-250 below are
met.
G. REPEALED. Bulk Requirements. See Section 23--260) below.
H. REPEALED. USES similar to the USES listed above, so long as the USE complies with the
general intent of- t- (GsneraI-Gommeccal-)-Zone--Dstrict.
Amend 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.
Intent. The purpose of the C- 3 Zone District is to establish and preserve areas for activities
which provide goods or services for the benefit of the general public or which require large
amounts of space or high traffic volumes for generating business. The C 3 Zone District shall
be located, designed and operated in a manner that minimizes the undesirable impacts on
the area in which they 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 be conducted in compliance with performance standards contained
in Section 23-3-250, below. USES within the C-3 Zone District shall also be subject to
additional requirements contained in Articles IV and V of this Chapter.
1. One (1) NONCOMMERCIAL TOWER up to forty (40) feet in height per LEGAL LOT. (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. Uses Allowed by Right in the C;1 Zone District.
2. Uses Allowed by Right in the C-2 Zone District.
3. THEATERS, convention halls and other such facilities.
4. Gasoline service stations, car washes and VEHICLE SERVICE/REPAIR
.ESTABI I S MENT't3--.
6. Lumberyards.
6. Warehousing and transfer facilities.
7. VEHICLE SALES ESTABLISHMENTS for the sale, rental or leasing of new or used
vehicles or equipment.
8. VEHICLE RENTAL ESTABLISHMENTS.
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9. WHOLESALE TRADE ESTABLISHMENTS for the sale of merchandise or services at the
wholesale l eve
1 -0 -Equipment _ or--a-p pii-a-n-ce repair -shops.
11. CONTRACTOR'S SHOPS.
12. Headquarters or service facilities for ambulance services, taxi services, bus services and
other services involving the transportation of people.
13. COMMERCIAL or private PARKING LOTS.
14. TEMPORARY facilities for the sale of fireworks and Christmas trees.
15. OUTDOOR STORAGE, when SCREENED from public righ
properties.
16. One (1) TELECOMMUNICATION ANTENNA TOWER subject to the provisions of Article
IV, D vis io-n--1-0-of _ thaw --Chapter
17 S EW-P-U-B:
18. OIL AND GAS FACILITIES.
a. WOGLA Required. No OIL AND GAS FACILITY shall be developed in the C 3
(Business Commercial) Zone District until a WOGLA has been issued by the
D_a parttm e'en -L f —P I -a -n -n i n g rd of Co l.! rs in
accordance with the application procedures set forth in Article II, Division 10, of this
Chapter.
19. PIPELINE—NAT-URAL Ai GAS or PIPELINE - PETROLEUM PRODUCTS -OTHER THAN
NATURAL GAS.
a. LAP Required. No PIPELINE - NATURAL GAS or PIPELINE - PETROLEUM
PRODUCTS -OTHER -THAN -NATURAL A -s -h -al l be d evelope-d n th C_ (E -nisi n ess
Commercial) Zone District until a LAP has been issued by the Department of Planning
Services or the Board of County Commissioners in accordance with the application
procedures set forth in Division 11, of this Chapter.
C. Uses allowed subject to Site Plan Review. The following USES shall be allowed in the C-3
Zone District following approval and recording of a Site Plan in accordance with Article II,
Division 3, of this Chapter. Any, USE conducted outside of an ENCLOSED BUILDING shall
be SCREENED from adjacent PUBLIC RIGHTS -OF -WAY and ADJACENT LOTS in any Zone
District other 1-3.
1. AGRICULTURAL PRODUCTION.
2. BREW PUBS, BREWERIES, DISTILLERIES, and WINERIES.
3. CAR WASHES and gas stations.
4. CHILD CARE CENTERS.
5. CHURCHES.
6. COMMERCIAL SCHOOLS.
7. COMMERCIAL STORAGE BUILDINGS.
8. COMMUNITY BUILDINGS.
9. CONTRACTOR'S SHOPS.
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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.
i
17. Headc
uarters or service facilities for taxi services, bus services and other services
involving the transportation of people.
18. HOSPITALS, nursing homes, rehabilitation centers.
19. HOTELS/MOTELS.
20. INDOOR SHOOTING RANGES.
21. LANDSCAPING COMPANIES.
22. LUMBERYARDS/WOODWORKING.
23. NIGHTCLUBS, BARS, LOUNGES OR TAVERNS.
24. OFFICES.
25. OUTDOOR STORAGE, as long as it is SCREENED from PUBLIC RIGHTS -OF -WAY and
all ADJACENT properties.
26. Parking areas and parking STRUCTURES.
27. Police, ambulance, and fire stations or facilities.
28. RECREATIONAL FACILITIES, COMMERCIAL, PUBLIC and PRIVATE.
29. REPAIR SERVICE ESTABLISHMENT.
30. RESTAURANTS.
31. RETAIL/SERVICE ESTABLISHMENTS.
32. SCHOOLS, private.
33. THEATERS and convention halls.
34. VEHICLE RENTAL, SALES, SERVICE and/or REPAIR ESTABLISHMENTS.
35. Veterinarian clinics and animal hospitals.
36. WHOLESALE TRADE ESTABLISHMENTS.
Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in
the C-3 Zone District so long as they are clearly incidental and ACCESSORY to the Uses
Allowed by Right. Such BUILDINGS, STRUCTURES and USES must be designed,
constructed and operated in conformance with the performance standards contained in
Section 23-3-250 below. ACCESSORY USES within the C-3 Zone District shall also be
subject to-additiontrequirfltained in ti-cles IV and of -t -his Chapter.
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1. Parking areas or STRUCTURES so long as such PARKING AREAS are paved and
S C R E E N E I err,, m I N T n e-r� n_,_ i r� r� n r�1 1 _'1 1- _ I_ 1- _ 1 ► C -1-C-2, C-4 or
.. s : -�a =--: rev i-�� -r-- .. : -ate—r ;- =V=.'..� � rti.,� ; L i r-; -� � -' -� --r i -r--{ _�� >
2. Loading areas or STRUCTURES so long as such areas or STRUCTURES are
SCREENED from ADJACENT properties zoned R-1, R-2, Rte, R-4, R-5, C-1, 0-2, C-4 or
3. One (1) MOBILE HOME when USED as living quarters for caretakers or security
personnel responsible for maintaining or guarding the property, subject to the provisions
of Section 23 4 220.
41. WIND GENERATORS, which may require the issuance of a Zoning Permit for WIND
GENERATOR, as per Chapter 23, Article IV, Division 6 of this Code.
T E L -E OMM-U-N-I C S T ,-A N- N N T W E R; w h-rsq--u-ire he--issu a n- e -of a Zoning
Permit for a TELECOMMUNICATION ANTENNA TOWER subject, to the provisions of
Article IV, Division 10 of this Chapter.
6. NONCOMMERCIAL TOWER.
D. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in
the C-3 Zone District so long as they are clearly incidental and ACCESSORY to an allowed
USE and included on an approved and recorded Site Plan. Any USE conducted outside of an
ENCLOSED BUILDING shall be SCREENED from adjacent PUBLIC RIGHTS -OF -WAY and
ADJACENT LOTS in any Zone District other 1-3.
1. Loading areas.
2. One (1) SINGLE-FAMILY DWELLING UNIT when USED as living quarters for the
proprietor, employees, caretakers or security personnel responsible for operating,
maintaining or guarding the property where such DWELLING UNIT is ENCLOSED within
the PRINCIPAL BUILDING.
3. STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3-
230.B, not including CARGO CONTAINERS.
4. WIND GENERATORS allowed as ACCESSORY USES in Section 23-4-450 of this
Chapter.
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.
towers over seventy (70) feet in height (measured from ground level). Commercial towers
subject to the provisions of Section -23-4-8-00
2. USES listed as Uses Allowed by Right in the I 1 Industrial Zone District, provided that the USE
is ENCLOSED and SCREENED and that the Commercial Zone District performance
to i ned i-n Sect' L --b Low; are-mst prig tom-- , stru- ti o n --a n-d--d-uri n -g
operation.
3. OIL AND GAS PRODUCTION FACILITIES.
4. AIRSTRIPS when they are ACCESSORY to the Use Allowed by Right.
5. COMMERCIAL JUNKYARD or salvage YARD.
6. RESEARCH LABORATORY.
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7. CEMETERY.
8. RESIDENTIAL THERAPEUTIC CENTER.
9. WIND GENERATORS requiring the issuance of Use -by -Special Review Permit, as per
Chapter 23, Article II, Division 4 and Chapter 23, Article IV, Division 6 of this Code.
10. TELECOMMUNICATION ANTENNA TOWERS, which require a Use by Special Review
Permit, subject to the provisions of Article IV, Division 10 of this Chapter.
11. PIPELINE - DOMESTIC WATER.
E. Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or
operation in the C-3 Zone District without prior approval of a land use permit from the
Department of Planning Services.
1. One (1) MANUFACTURED HOME per LEGAL LOT, when USED as living quarters for
caretaker or security personnel responsible for maintaining or guarding the property,
permitted under Division 3 of Article IV of this Chapter.
2. One (1) NONCOMMERCIAL TOWER between forty (40) and seventy (70) feet in height
per LEGAL LOT permitted under Section 23-4-895.
3. OIL AND GAS FACILITIES permitted under Division 10 of Article II of this Chapter.
4. PIPELINES - NATURAL GAS or PIPELINES - PETROLEUM PRODUCTS OTHER THAN
NATURAL GAS permitted under Division 11 of Article II of this Chapter.
5. TELECOMMUNICATIONS ANTENNA TOWERS between thirty-five (35) and seventy (70)
feet in height permitted under Division 10 of Article IV of this Chapter.
6. TEMPORARY seasonal USES permitted under Division 7 of Article IV of this Chapter.
7. WIND GENERATORS requiring a zoning permit under Division 6 of Article IV of this
Chapter.
Site Plan Review Required. No land, BUILDING or STRUCTURE shall be USED, changed in
USE or type of occupancy, DEVELOPED, erected, constructed, reconstructed, moved or
structurally a Itere d -or- operated--i-n th-e-Z D s tri-ctu-n t il--a site -plan review -has-been
approved by the Department of Planning Services. It shall be necessary that the applicant in
the O-3 Zone District certify and state that the performance standards and district
requirements that are applicable to the DEVELOPMENT and USE of property zoned 3 have
been or shall be complied with according to the intent of Article II, Division 3 of this Chapter.
This shall be accomplished through the Site Plan Review application process. Uses listed in
Subsection D above as Uses by Special Review in the C-3 Zone District shall be exempt from
the Site —Plan Review —process a n-d--sh-all—m-a ke a ppl cation for —approval of a permit _ i-n
accordance with the requirements and procedures set forth in Article II, Division 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.
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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.
Performance n-Bard—Oo-miali a o+ P, e d . Al I B U -I L D I G' , ' TRU CT U RES and —land
located in the C-3 Zone District shall be located, designed, USED and occupied in such a
manner that t he--d-ss-i-g n and o p e ra t i o non darrds-co-nta i n -e d in Section 3- 3- 50-bel ow -are
met.
G. REPEALED. Performance Standards.
H. REPEALED.USES similar to the USES listed above, so long as the USE complies with the
general-i !lent oft ustn e ss Comrnercial- Zone -District.
Amend Sec. 23-3-240. C-4 (Highway Commercial) Zone District.
A. No area of the COUNTY shall be rezoned to the C-4 Zone District after July 25, 2019.
Intent. The intent of the G4 Zone District is to establish and preserve areas located with
access to MAJOR THOROUGHFARES that provide essential goods and services to the
t-rave-Iing-{iulali- T C -d 'o ie-D-i-s-tri ct s sh a U--be-lo-ca-t-e d-esigne+ -Sera tae-d-i-n-a _ man n er
tiat coos not create Drob ems of traffic access or conf ict anc hat minimizes tie uncesirab o
impacts of the USES on the area in which the USES 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-4 Zone District except for one (1) or more of the following USES listed in
this section.which must be conducted in conformance with performance standards contained
in Subsection F., below. USES within the C''l Zone District shall also be subject to additional
u-i-rs-m-en-ts--eo-nta-i-n-ed4n- rti- es1 a of- h -is 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.
4. TELECOMMUNICATION ANTENNA TOWERS up to thirty-five (35) feet in height.
5. UTILITY SERVICE FACILITIES.
1 TELS and MOTELS,
2 . G asoli-n--e--s..t-at ion s.
3. RESTAURANTS, including DRIVE IN RESTAURANTS.
4. PUBLIC SCHOOL extension classes.
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6. Police and fire stations or facilities.
7. TEMPORARY seasonal uses, including fruit and vegetable stands, and facilities for the
sale of fireworks and Christmas trees, subject to the permit requirements of Article IV,
Division 7 of this Chapter.
8. Asphalt or concrete batch plant used temporarily and exclusively for an on -site
construction project or the completion of a PUBLIC road improvements project. The six
month limitation for this TEMPORARY use may be extended in six-month increments at
the discretion of the -Director of Planning- er} s --up _ to two (2) ti -mad -thereafter -by
the Board of County Commissioners.
9. One (1) TELECOMMUNICATION ANTENNA TOWER subject to the provisions of Article
IV, D iiis io-n-1--0 of _ this -h a pter
1 REW-PU-B.
11. OIL AND GAS FACILITIES.
a. WOGLA Required. No OIL AND GAS FACILITY shall be developed in the C 1
(Highway Commercial) Zone District until a WOGLA has been issued by the
Department of P I a n-ning e i--or-th-e -Bo -rd of sn r- -r-iss _ io-ners i-n
accordance with the application procedures set forth in Article II, Division 10, of this
Chapter.
12. PI P E L N -E ---NAT UR G " or PIPE -LINE - P ETRQLE U P RODU CTS O- - FR -THAN
NATURAL GAS.
a. LAP Required. No PIPELINE - NATURAL GAS or PIPELINE - PETROLEUM
PRODUCTS -07- TI -IAN f ►T- i I ' Ai CAS- sh atl-be d evelo-p- -i n- e-- -4 (Highway
Commercial) Zone District until a LAP has been issued by the Department of Planning
Services or the Board of County Commissioners in accordance with the application
procedures set forth in Division 11, of this Chapter.
C. Uses allowed subject to Site Plan Review. The following USES shall be allowed in the C-4
Zone District following approval and recording of a Site Plan in accordance with Article II,
Division 3, of this Chapter. Any USE conducted outside of an ENCLOSED BUILDING shall
be SCREENED from adjacent PUBLIC RIGHTS -OF -WAY and ADJACENT LOTS in any Zone
District other 1-3.
1. BREW PUBS.
2. CAR WASHES and gas stations.
3. CHILD CARE CENTERS.
4. COMMUNITY BUILDINGS.
5. Golf courses.
6. Grain, seed, feed, and fertilizer retail and wholesale sales establishments.
7. HOSPITALS, nursing homes, rehabilitation centers.
8. HOTELS/MOTELS.
9. Police, ambulance, and fire stations or facilities.
10. RESTAURANTS.
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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.
Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in
the C-4 Zone District so long as they are clearly incidental and ACCESSORY to the Uses
Allowed by Right. Such BUILDINGS, STRUCTURES and USES must be designed,
constructed and operated in conformance with the performance standards contained in
Section -3-25-0 be C E S SO R -UE S— h- n -t -h e -G-4 o -n e District -shall -also be
subject to additional requirements contained in Articles IV and V of this Chapter.
1. Parking areas or STRUCTURES for USE by employees, customers and company vehicles so
parking areas are paved -a n d SCR E E N E D -from A -DJ -ACE NT-p-ro p erti-es zoned R-
1, R 2, R3, R 4, R 5, C 1, C 2 or I 1.
2. Loading areas or STRUCTURES so long as such loading areas or STRUCTURES are
SCREENED from ADJACENT properties zoned R-1, R-2, R-3, R-4, R-5, C-1, C'2 or H.
d -b Right.
4: cu td ooi-S-TO R -E AREAS so long as such -areas are -SCREEN -ED -from -ADJACENT
properties zoned R-1, R-2, R-3, R-4, R-5, C-1, C-2 or I-1.
5. Stores and shops furnishing convenience goods for USE primarily by the traveling public, not
including stores or shops with -GROSS -FLOOR -AREAS larger than _ three -thousand (3,0003
square feet. Examples include: convenience food stores, souvenir shops and coin -operated
laundries.
-. Rap-a-i-r g ges-or- hops
7. One (1) MOBILE HOME when USED as living quarters for caretakers or security personnel
responsible for maintaining or guarding the property, subject to the provisions of Section 23-
4-220.
re the issuance of a Zoning Per t fog WAND
GENERATOR, as per Chapter 23, Article IV, Division 6 of this Code.
9. TELECOMMUNICATION ANTENNA TOWERS, which require the issuance of a Zoning
Permit for a TELECOMMUNICATIONANTENN -TOWER, subject -to the provisions of Articl-e
IV, Division 10 of this Chapter.
D. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in
the C-4 Zone District so long as they are clearly incidental and ACCESSORY to an allowed
USE and included on an approved and recorded Site Plan. Any USE conducted outside of an
ENCLOSED BUILDING shall be SCREENED from adjacent PUBLIC RIGHTS -OF -WAY and
ADJACENT LOTS in any Zone District other 1-3.
1. Loading areas.
2. Parking areas and parking STRUCTURES for USE by employees, customers and
company vehicles.
3. OUTDOOR STORAGE, as long as it is SCREENED from PUBLIC RIGHTS -OF -WAY and
all ADJACENT properties.
4. REPAIR SERVICE ESTABLISHMENT.
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5. STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3-
240.B, not including CARGO CONTAINERS.
6. WIND GENERATORS allowed as ACCESSORY USES in Section 23-4-450 of this
Chapter.
Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be
constructed, _ oe u-ptecOppera-te d -and --m -i nta i n-ed-i-n--the-- -4 Zone District _ u po-n approval- o -f a
permit in accordance with the requirements of Article II, Division 4 of this Chapter:
1. OIL AND GAS PRODUCTION FACILITIES.
2. CHURCH.
3. RESIDENTIAL THERAPEUTIC CENTER.
4. WIND GENERATORS requiring the issuance of Use -by -Special Review Permit, as per
Chapter 23, Article II, Division 4 and Chapter 23, Article IV, Division 6 of this Code.
5. TELECOMMUNICATION ANTENNA TOWERS, which require a Use by Special Review
Permit, subject to the provisions of Article IV, Division 10 of this Chapter.
6. PIPELINE - DOMESTIC WATER.
E. Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or
operation in the C-4 Zone District without prior approval of a land use permit from the
Department of Planning Services.
1. OIL AND GAS FACILITIES permitted under Division 10 of Article II of this Chapter.
2. PIPELINES - NATURAL GAS or PIPELINES - PETROLEUM PRODUCTS OTHER THAN
NATURAL GAS permitted under Division 11 of Article II of this Chapter.
3. One (1) MANUFACTURED HOME per LEGAL LOT, when USED as living quarters for
caretakers or security personnel responsible for maintaining or guarding the property,
permitted under Division 3 of Article IV of this Chapter.
4. TEMPORARY seasonal USES permitted under Division 7 of Article IV of this Chapter.
5. WIND GENERATORS requiring a zoning permit under Division 6 of Article IV of this
Chapter.
6. TELECOMMUNICATIONS ANTENNA TOWERS between thirty-five (35) and seventy (70)
feet in height permitted under Division 10 of Article IV of this Chapter.
7. One (1) NONCOMMERCIAL TOWER between forty (40) and seventy (70) feet in height
per LEGAL LOT permitted under Section 23-4-895.
Site Plan- P R qu red : I Ia-n-d, EW1L-L -I N G or STRUCTURE -hal I S D, ng ed- i-n
USE or type of occupancy, DEVELOPED, erected, constructed, reconstructed, moved or
structurally -altered or operated in the C-4 Zone District until a Site Plan Review has been
approved by the Department of Planning Services. It shall be necessary that the applicant in
the C-4 Zone District certify and state that the performance standards and district
requirements that are applicable to the DEVELOPMENT and USES of property zoned a 4
have been or shall be complied with according to the intent of Article II, Division 3 of this
Chapter. This shall be accomplished through the Site Plan Review application process. Uses
listed in Subsection D above as Uses by Special Review in the C-4 Zone District shall be
exemptaI --Rev a .ss and s-h-a-t'o-n-for approval of a permit
in accordance with the requirements and procedures set forth in Article II, Division 4 of this
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F. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be
constructed, occupied, operated and maintained in the C-4 Zone District upon approval of a
permit in accordance with the requirements of Article II, Division 4 of this Chapter.
1. CHURCHES.
2. PIPELINE - DOMESTIC WATER in accordance with Division 6 of Article II of this Chapter.
3. RESIDENTIAL THERAPEUTIC CENTERS.
4. TELECOMMUNICATIONS ANTENNA TOWERS over seventy (70) feet in height.
5. USES similar to the USES listed as permitted as long as the USE complies with the
general intent of the Zone District.
6. WIND GENERATORS rec uirinq the issuance of Special Review Permit under Division 6
of Article IV of this Chapter.
P erforma n-ce—S-ta n d a r d Co m p Iiance--Requited :-Ala—B-U tL-D-I-N-C a S T nd Lan d
located in the e 4 Zone District shall be located, designed, used and occupied in such a
manner that the design and operation standards contained in Section 23-3-250 below are
met.
G. REPEALED. Bulk Requirements. See Section 23 3 250 below.
H. REPEALED. USES similar to the USES listed above, so long as the USE complies with the
general intent of the C-4 (Highway Commercial) Zone District.
Amend Sec. 23-3-250. PerformanceBulk standards.
All BUILDINGS, STRUCTURES, USES, and land located in the Commercial Zone Districts
shall be located, designed, USED and occupied in accordance with the design and operation
standards requirements enumerated belowin this section.
A. Minimum SETBACK: twenty-five (25) feet. Design Standards. The applicant for a building
permit shall certify, according to the intent of Article II, Division 3 of this Chapter, that the
following performance standards and the specific zone district requirements have been met.
Additionally, the applicant shall certify that the compliance with these performance standards
shall continue once the USE, BUILDING or STRUCTURE is constructed and in operation.
1. Stormwater Management. All users of land in Commercial Zone Districts shall provide and
maintainto-rmwaterretenttonfacilflies designed -to retain -the stormwater runoff -in -excess -of
historic flow from the undeveloped site. The stormwater retention facility on a developed site
shall be d es i _ gn e-d--fo-r a one -hundred -year storm h -e stormwaterr-et-entl-o n facie ity hall -bye
designed and operated to release the retained water at a quantity and rate not to exceed the
quantity and rate of a five-year storm falling on the undeveloped site.
2. Parking. Sufficient SCREENED, off-street, paved parking areas shall be provided in the
Commercial Zone Districts to meet the requirements of employees, company vehicles, visitors
and customers of the Uses Allowed by Right and ACCESSORY USES. For detailed parking
requirements, see Article IV, Division 1 -off -this Chapter.
3. Street Access. LOTS in Commercial Zone Districts shall have safe access to an approved
PUBLIC or private STREET. The design designation of any STREET or highway as to type
shall be in —conformance —with —that —shown an —the —County Thoroughfare Plan and/or -the
MASTER PLAN of the affected municipality. Vehicular ingress and egress shall be permitted
only via the following types of STREETS:
a. ARTERIAL.
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b. COLLECTOR, when that COLLECTOR STREET does not serve any Residential Zone District
before intersecting an ARTERIAL.
c. FRONTAGE or SERVICE ROAD.
d LOCAL, when the LOCAL STREET is internal to the Commercial Zone District and does not
serve any Residential Zone District LOTS.
a New accesses to public rights -of -way shall be constructed using the minimum standards
contained in Table 23.6 below. Designs exceeding these minimums may be required by the
Department of Public Works depending upon the number and type of vehicles generated by
tie -I -E prop-o*sec
Delete Table 23.6 Minimum Standards for Accesses
Table 23,6
Size of drainage
15
inches
structure
diameter
Length of drainage
20 feet
structure
Depth of cover over12
inches
pipe
C
Width of access,
10
feet to 24
variable
feet
nM
maximum
—of
15
grade
g
access
percent
Flare radius,
20 feet to 40
variable
feet
Depth of surfacing
4 inches
f. Acceleration/deceleration lanes shall be provided where required by the Department
of Public Wor<s or the Coloraco De oartment of Transportation to orovic e safe, efficient
access to ARTERIAL or COLLECTOR STREETS.
4. Required Yards.
a. Setback. No USE or ACCESSORY USE may be located closer than twenty-five (25)
highway or STREET right-of-way. Off-street PARKING AREAS may be permitted in
t-h--re-qu1r-ed-SET rea when -the -area i CR-E E N E D -from-dar t-v1e- -of persons
on the public rights -of -way. Fences over six (6) feet in height are not required to comply
with the minimum SETBACK and may be located on the property line. Fences located
on corner LOTS abutting public right of way shall not obstruct the view of vehicular
traffic at an intersection.
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b. Offset. No USE or ACCESSORY USE may be located closer than ten (10) feet to its
LOT -line. Off -street -parking areas maybe-p-e-rmi#t-ed in the -required OFFSET area
when the area is SCREENED from ADJACENT LOTS zoned R 1, R 2, R 3, R 4 or R
5. Fences over six (6) feet in height are not required to comply with the minimum
OFFSET and may be located on the property lino.
c. \o BUILD \G S- RLC-L = sia be cons- tuc_ec wi_ii i a _wo n nc rec -oo_ rac ius
of any tank battery, within a one hundred -fifty -foot radius of any wellhead or within a
ny construction
within these setbacks shall require a variance from the terms of this chapter in
accordance -w i c becta-0. C of -this Code -
5. Required Landscaped Areas.
a. No more than eighty five percent (85%) of the total area of a LOT in any Commercial
Zone District shall be covered. Land shall not be deemed covered if it is used for
wood chips, or if it is otherwise suitably LANDSCAPED.
b. That portion of a LOT in any Commercial Zone District which abuts a PUBLIC or
private STREET -right-of-way shall be LANDSCAPE -D _ for a distance -of _ ten-(-1-0)-feet,
measured at a right angle from the LOT line towards the interior of the LOT. Sidewalks
a -ad -driveways may -pass through the required LAND APE- s.
6. Areas -USED -for -trash collection sh al I -be -SC R EN-- --from-p-u-b-I-i-c-rights-of-way-an d all
ADJACENT properties. These areas shall be designed and USED in a manner that will
prevent wind- or animal -scattered trash.
7. Water Supply. USES located in the Commercial Zone Districts shall have an adequate
source of potable water.
8. Sewage Disposal. USES located in Commercial Zone Districts shall have adequate
sewage disposal _ facilities.
9. Outside Storage -USES i n- o-m-ser a Z o n -e -Districts involving -outdoor -outdoor storage -of
vehicles, equipment or materials when permitted shall be SCREENED from public rights -
of -way a n-d--all--DJACEN-T-proper ti es.
B. Minimum OFFSET: ten (10) feet. Operation-- -tandards- u E Districts
shall demonstrate conformance with 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 of the USES permitted shall conform to these standards.
1. Noise. USES and STRUCTURES in Commercial Zone Districts shall be located, designed
and operated in accordance with the noise standards as established in Section 25-12-101
C.R.S.
2. Air Quality. USES in the Commercial Zone Districts shall be located, designed and operated
in accordance with the air quality standards established by the Colorado Air Pollution Control
Commission.
3. Water Quality. USES in the Commercial Zone Districts shall be located, designed and
operated in accordance with the water quality control standards established by the Colorado
t r -Q i�Iit ntr l� Ission.
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4. Radiation and Radioactive Materials. The handling, USE, storage and processing of
radioactivI be-' ith the applicable regulations of the State and
the United States government.
5. Heat. USES located within Commercial Zone Districts shall not emit heat in such an amount
sufficient to raise the temperature of the air or of materials at or beyond the LOT line more
than five (5) degrees Fahrenheit.
6. Light. Any lighting, including light from high temperature processes such as welding or
combustion, shall be designed, located and operated in such as manner as to meet the
following standards: sources of light shall be shielded so that beams or rays of light will not
shine directly onto ADJACENT properties; neither the direct nor reflected light from any light
source may create a traffic hazard to operators of motor vehicles on PUBL C or private
STREETS; and no colored lights may be used which may be confused with or construed as
traffic control -devices.
in such a manner that grasses and weeds are not permitted to grow taller than twelve (12)
i
Row _ tlae-grawth--of-P1OV9USW-EEDS.
C. No occupied BUILDING or STRUCTURE shall be constructed within two hundred (200) feet
of any TANK BATTERY, within one hundred fifty (150) feet of any oil and gas wellhead, or
within twenty-five (25) feet of any plugged or abandoned oil and gas well.
D. Maximum LOT COVERAGE: No more than eighty-five percent (85%) of the total area of a
LOT in any Commercial Zone District shall be covered.
Division 4 - Industrial Zone Districts
Amend Sec. 23-3-300. Intent.
The purpose of the Industrial Zone Districts is to implement the goals and policies of the
COMPREHENSIVE PLAN and provide areas for operation of land USES associated with
distribution and warehousing of commodities as well as production, fabrication, manufacturing,
assembling, and processing of materials. The Industrial Zone Districts have been established to
promote economic development and ;ob creation; to protect industry from the encroachment of
residential and less intense COMMERCIAL USES; to reduce the adverse impacts of industries
on surrounding, nonindustrial properties; and to encourage industrial development in areas that
are compatible with heavy infrastructure and where necessary utilities are in place or reasonably
attainable.
_-The purpose of the Industrial- e Distri- is is to provide protective zones for the
DEVELOPMENT and operation of industrial USES. The regulations contained herein have been
established so as to provide a healthful operating environment for industry; to protect industry
f r -o -n -t h-e--anc ro w c m-arvt of COMMERCIAL -and re-si-de-n ti al --USE - whtoh-rn- y _ be adverse to -the
operation and expansion of such industry; to protect industries within the district from the adverse
effect of other, incompatible industries; to reduce to a minimum the impact of industries on
surrounding, nonindustrial land USES to prevent detrimental impacts which may negatively affect
the future USE or DEVELOPMENT of ADJACENT properties or the general NEIGHBORHOOD
as defined in Chapter 22 of this Code; and to promote the health, safety and general welfare of
the present and future residents of the COUNTY.
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Amend Sec. 23-3-310. I-1 (Light Industrial) Zone District.
A. Intent. The purpose of the I-1 Zone District is to provide a zone to accommodate light industrial
and compatible COMMERCIAL USES that create minimal negative impacts and are
conducted primarily in ENCLOSED BUILDINGS. I-1 District properties are accessible to the
public, consumer -oriented, less resource -intensive than heavy industry, have minimal
environmental impacts, and may be located near residential areas if designed properly.
Properties zoned I-1 should provide economic development and employment, encourage a
balanced, diversified economy, and may serve as a transition between nonindustrial USES
and the more intense Industrial Zone Districts.
Intent. The purpose of the I-1 Zone District is to provide a zone to accommodate industrial
USESareate minimal -negative visual i-mpa-cts.
B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be used vnhe I-1 Zone
District, and no BUILDING or STRUCTURE shall hereafter be erected, structurally altered,
enlarged or maintained in the I-1 Zone District; except for one (1) or more of the following
USES listed in this section. The USES must be conducted in compliance with the performance
standards contained in Sections 23-3-340, 23-3-350 and 23-3-360 of this Division.
1. Asphalt or concrete batch plants USED TEMPORARILY and exclusively for an on -site
construction project or the completion of a PUBLIC STREET/ROAD improvements project.
The six-month limitation for this TEMPORARY USE may be extended in six-month
increments at the discretion of the Director of Planning Services up to two (2) times, and
thereafter by the Board of County Commissioners.
2. COUNTY grader sheds.
3. One (1) NONCOMMERCIAL TOWER up to forty (40)feet in height per LEGAL LOT. (See
Section 23-4-895.)
4. PUBLIC PARKS.
5. PUBLIC SCHOOLS.
6. TELECOMMUNICATION ANTENNA TOWERS up to thirty-five (35) feet in height.
7. TEMPORARY borrow pits USED exclusively for the completion of a PUBLIC
STREET/ROAD improvement project.
8. UTILITY SERVICE FACILITIES.
Any USE of a research, repairing, manufacturing, fabricating, processing, assembling or
storage nature may be conducted in the I-1 Zone District. SCREENING may be required if
pa-ti--ble with adjacent -uses.
2. Areas for par
er vehicles.
3. SIGNS, as long as the SIGNS are located and designed in accordance with the requirements
of Article IV, Division 2 of this Chapter.
/1. UTILITY SERVICE FACILITIES.
5. PUBLIC SCHOOL extension classes,
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6. COMMERCIAL SCHOOLS, limited to indoor instruction.
7. Police and fire stations or facilities.
8. Disposal of DOMESTIC SEPTAGE subject to the additional requirements of Chapter 14,
Article VI of this Code.
9. TEMPORARY seasonal uses, including fruit and vegetable stands, and facilities for the sale
of fireworks and Christmas trees, subject to the permit requirements of Article IV, Division 7
of this Chapter.
10. Asphalt or concrete batch plant used temporarily and exclusively for an on site construction
project or the completion of a PUBLIC road improvements project. The six-month limitation
fort -his -TEMPORARY -use -may be e te-n ded-i n s ix- m o nT- i-i-n-crre t--a-tt-h-e-d- r -et i o n --of t h -e
Director of Planning Services up to two (2) times, and thereafter by the Board of County
Go ni-m-i ssio n-ers
11. One (1) TELECOMMUNICATION NTEN_NA TOWER -subject -to the provisions of-Arai--clal
Division 10 of this Chapter.
12. OIL AND GAS FACILITIES.
a. WOGLA Required. No OIL AND GAS FACILITY shall be developed in the I-1 (Industrial) Zone
Di str i ct-u-n1 a W G h a been issued by _ the -Department -of -Plan n4 -n g- Ser i ces-or-t-h-+e-Board
of County Commissioners in accordance with the application procedures set forth in Article II,
Division 10, of -this Chapter:
f-- LOAD I NG .
14. CHURCH.
15. SMALL SCALE SOLAR FACILITY.
16. PIPELINE NATURAL GAS or PIPELINE PETROLEUM PRODUCTS OTHER THAN
NATURAL GAS.
a. LAP Required. No PIPELINE - NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS
OTHER THAN NATURAL GAS shall be developed in the 1 1 (Industrial) Zone District until a
LAP has been issued by the Department of Planning Services or the Board of County
actor nce ith the application procedures set forth in Division 11, of this
Chapter.
C. Uses allowed subject to Site Plan Review. The following USES shall be allowed in the I -I
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.
I. 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.
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8. DISTRIBUTION CENTERS.
9. Farm equipment sales, repair, and installation facilities.
10. FUNERAL HOMES and mortuaries.
11. Golf courses.
12. Grain, seed, feed, and fertilizer retail and wholesale sales establishments.
13. Headquarters or service facilities for taxi services, bus services and other services
involving the transportation of people.
14. HELIPORTS.
15. HOTELS/MOTELS.
16. INDOOR SHOOTING RANGES.
17. LANDSCAPING COMPANIES.
18. LUMBERYARDS/WOODWORKING.
19. OFFICES.
20. OUTDOOR STORAGE of PUBLIC utility -related equipment.
21. Police, ambulance, and fire stations or facilities.
22. RECREATIONAL FACILITIES, COMMERCIAL, PUBLIC and PRIVATE.
23. REPAIR SERVICE ESTABLISHMENT.
24. RESTAURANTS.
25. RETAIL/SERVICE ESTABLISHMENTS with a total GROSS FLOOR AREA of up to three
thousand (3,000) square feet per LEGAL LOT.
26. SCHOOLS, private.
27. SMALL SCALE SOLAR FACILITY.
28. THEATERS and convention halls.
29. VEHICLE RENTAL, SALES, SERVICE and/or REPAIR ESTABLISHMENTS.
30. Veterinarian clinics and animal hospitals.
31. WHOLESALE TRADE ESTABLISHMENTS.
Accessory Uses. The BUILDINGS, STRUCTURES and USES may be allowed in the I-1 Zone
District so long as they are incidental and ACCESSORY to the Uses Allowed by Right. Such
BUILDINGS, STRUCTURES and USES must be designed, constructed and operated in
conformance with the performance standards set forth in Sections 23-3-340, 23-3-350 and
23-3-360 below.
1. OFFICES for USE by operators of the Uses Allowed by Right.
2. Loading areas or STRUCTURES only when SCREENED from the ADJACENT public rights -
of -way -or -ADJACENT properties.
3. Parking -areas or ST -RI -C -T -U P fog song r- 1c1 es with -a -gross ve �-i ie weight --less than
six thousand (6,000) pounds only when the vehicles are SCREENED from the ADJACENT
public rights -of -way or on ADJACENT properties.
i
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4. One (1) MOBILE HOME when USED as living quarters for caretakers or security personnel
responsible -four intaining or guarding the prop-erty, subject of Article -IV,
Division 3 of this Chapter.
5. RECREATIONAL FACILITIES for the USE of persons employed in the conduct or
maintenance of the USES allowed on the property.
F ata i I -sales hen AC ACCESSORY -US-ES-o-f- n-uta.tu ' -abri- -ti ng-or ass em
7. One (1) microwave, COMMERCIAL radio, television or other communication transmission or
relay tower seventy (70) feet or less in height per LOT. Commercial towers subject to the
provisions of Section 23-4-800.
8 1I'I-D— N -F RATO R r ch— y re-gu ire —the i ss ance- o a— -n-i-ng—Permit _ for —WIND
GENERATOR, as per Chapter 23, Article IV, Division 6 of this Code.
9. TELECOMMUNICATION ANTENNA TOWERS, which require the issuance of a Zoning
Permit -for a TELECOMMUNICATION —ANTE —NN —; TOWER, su b j ect4 -h-e-pr y f L a n s -o -f Article
IV, Division 10 of this Chapter.
10. NONCOMMERCIAL TOWER.
D. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in
the I-1 Zone District so long as they are clearly incidental and ACCESSORY to an allowed
USE and included on an approved and recorded Site Plan. Any USE conducted outside of an
ENCLOSED BUILDING shall be SCREENED from adjacent PUBLIC RIGHTS -OF -WAY and
ADJACENT LOTS in any Zone District other 1-3.
1. CARGO CONTAINERS.
2. Loading areas.
3. Parking areas and parking STRUCTURES for USE by employees, customers and
company vehicles.
4. SEMI -TRAILERS as accessory storage.
5. STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3-
310.B.
6. WIND GENERATORS allowed as ACCESSORY USES in Section 23-4-450 of this
Chapter.
Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be
constructed, occupied or maintained in the I-1 Zone District upon the approval of a permit in
accordance with the requirements and procedures set forth in Article II, Division 4 of this
Chapter.
1. AIRSTRIPS when they are ACCESSORY to the Use Allowed by Right.
2. One 01) microwave, COMMERCIAL radio, television or other communication transmission or
relay tower seventy (70) feet or less in height per LOT. Commercial towers subject to the
provisions of Section 23-4-800.
3. RESEARCH LABORATORY.
4. WIND TURBINE.
5. PROCESSING.
CE-METE-RY.
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7. WIND GENERATOR(S) requiring the issuance of Use -by -Special Review Permit, as per
Chapter 23, Art-i-ole41, Division 4 and Chapter 23, Art' this -Code.
8. CORR-E Ti ONAL FACILITY.
9. TELECOMMUNICATION ANTENNA TOWERS, which require a Use by Special Review
Permit, subject to the provisions of Article IV, Division 10 of this Chapter.
10. Oil and Gas Support and Service.
11. PIPELINE - DOMESTIC WATER.
12. MEDIUM SCALE SOLAR FACILITY.
E. Uses Allowed by Permit. No USE listed in this Subsection shall commence construction or
operation in the I-1 Zone District without prior approval of a land use permit from the
Department of Planning Services.
1. One (1) MANUFACTURED HOME per LEGAL LOT, when USED as living quarters for
caretaker or security personnel responsible for maintaining or guarding the property,
permitted under Division 3 of Article IV of this Chapter.
2. One (1) NONCOMMERCIAL TOWER between forty (40) and seventy (70) feet in height
per LEGAL LOT permitted under Section 23-4-895.
3. OIL AND GAS FACILITIES permitted under Division 10 of Article II of this Chapter.
4. PIPELINES - NATURAL GAS or PIPELINES - PETROLEUM PRODUCTS OTHER THAN
NATURAL GAS permitted under Division 11 of Article II of this Chapter.
5. TELECOMMUNICATIONS ANTENNA TOWERS between thirty-five (35) and seventy (70)
feet in height permitted under Division 10 of Article IV of this Chapter.
6. TEMPORARY seasonal uses permitted under Division 7 of Article IV of this Chapter.
7. WIND GENERATORS requiring a zoning permit under Division 6 of Article IV of this
Chapter.
Site Plan Review Required. No land, BUILDING or STRUCTURE shall be USED, changed in
USE or type of occupancy, DEVELOPED, erected, constructer, reconstructed, movec or
s-tru-ctu rarl -altered or o perate d_i-n—th-e4-1n�stric-t-u-n-til a Site P l n--Review—h-a-s--bee n
approved by the Department of Planning Services. It shall be necessary that the applicant in
the I-1 Zone District -certify -and -state that tie performance standards and district -requirements
that arc applicable to the DEVELOPMENT and USES of property zoned I 1 have been or shall
be complied with according to the intent of Article II, Division 3 of this Chapter. This shall be
accomplished through the Site Plan Review application process. Uses listed in Subsection D
above as Uses by Special Review in the I-1 Zone District shall be exempt from the Site Plan
Review process and shall make--a-pp4cati-on-for approval of a perms accordance wit -h _ the
requirements and procedures set forth in Article II, Division 4 of this Chapter. The following is
exempted from a Site Plan Review:
1. OIL AND GAS PRODUCTION FACILITIES.
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.
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3. CORRECTIONAL FACILITIES, subject to Article XV, Section 15-5, of the Weld County
Charter.
4. DOMESTIC SEPTAGE disposal subject to Chapter 14 of this Code
5. MEAT PROCESSING.
6. MEDIUM SCALE SOLAR FACILITIES.
7. Open MINING and processing of minerals.
8. PIPELINE - DOMESTIC WATER in accordance with Division 6 of Article II of this Chapter.
9. RESEARCH LABORATORIES.
10. TELECOMMUNICATIONS ANTENNA TOWERS over seventy (70) feet in height.,
11. USES similar to the USES listed as permitted as long as the USE complies with the
general intent of the Zone District.
12. WIND GENERATORS requiring the issuance of Special Review Permit under Division 6
of Article IV of this Chapter.
Performance Standard Compliance Required. All BUILDINGS, STRUCTURES and land
located in the I 1 Zone District shall be located, designed, used and occupied in such a
manner that the design and operation standards contained in Sections 23-3-310, 23-3-350
and 23 -3 -360 -below are met
G. REPEALED. USES similar to the USES listed above, so long as the USE complies with the
general intent of the I-1 (Industrial) Zone District.
Amend Sec. 23-3-320. 1-2 (Medium Industrial) Zone District.
A. Intent. The purpose of the 1-2 Zone District is to designate areas for industrial USES with more
intense, higher traffic, or larger scale USES than the I-1 Zone District. I-nt
the 1-2 Zone District is to provide a zone to accommodate industrial USES which cannot
conform to the stringent visual impact requirements of the I-1 Zone District and which do not
want to be subjected to the potential adverse visual impacts permitted in the 13 Zone District.
The intent is to permit industries which may create moderate visual impacts.
B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be USED and no
BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or
maintained in the 1-2 Zone District, except for one (1) or more of the following USES in this
section.which must be conducted in compliance with the performance standards contained in
Sections 23-3.-340, 23-3-350 and 23-3-360 of this Division.
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.
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5. PUBLIC SCHOOLS.
6. TELECOMMUNICATION ANTENNA TOWERS up to thirty-five (35) feet in height.
7. TEMPORARY borrow
pits USED exclusively for the completion of a PUBLIC
STREET/ROAD improvement project.
8. UTILITY SERVICE FACILITIES.
1. Uses a II -o ed by-r-i -h-t- -n-th e I -1 -Zone District.
2. Any USE of a research, repairing, manufacturing, fabricating, processing, assembling or
storage nature may be conducted in the 1-2 Zone District. The USES identified may be
conducted o utsi4e-of--a-,n-ENCLOSED building, p-rovi-de-d-th-at the -USE 2nd/or-operations of -the
USE are SCREENED from ADJACENT public rights of way and ADJACENT properties.
3. Areas for parking vehicles or equipment, so long as such parking areas are SCREENED from
blic
5, C 1, C-2, C 4 or 11.
4. SIGNS, as long as the SIGNS are located and designed in accordance with the requirements
of Article IV, Division 2 of this Chapter.
U fl �I TY S ER ICE FACIL I -T 1 E -
6. PUBLIC -SOH -O -O -L -extension classes.
7. Police and fire stations or facilities.
8. Disposal of DOMESTIC SEPTAGE subject to the additional requirements of Chapter 14,
Article VI of this Code.
9. TEMPORARY seasonal uses, including fruit and vegetable stands, and facilities for the sale
of fireworks and Christmas trees, subject to the permit requirements of Article IV, Division 7
of this Chapter.
10. Asphalt or concrete batch plant used temporarily and exclusively for an on -site construction
project or the completion of a PUBLIC road improvements project. The six month limitation
for this TEMPORARY use may be extended in six-month increments at the discretion of the
Director of Pl-a-n n-i -Services up -to -two -(2) times -and -thereafter -b-y tie Board of--Cou-n-ty
Commissioners.
11. OUTDOOR STORAGE when SCREENED from public rights -of -way and ADJACENT
properties.
12. One (1) T E L -E OMM-U-N--I AT ION -AN -T E N N AB -TO -ER s u -b j -e ct-tom t o -pr o s-i o n s of Article -PA
Division 10 of this Chapter.
13. TRANSLOADING.
14. Oil and Gas Support and Service.
C. Uses allowed subject to Site Plan Review. The following USES shall be allowed in the 1-2
Zone District following approval and recording of a Site Plan in accordance with Article II,
Division 3, of this Chapter. Any USE conducted outside of an ENCLOSED BUILDING shall.
be SCREENED from adjacent PUBLIC RIGHTS -OF -WAY and ADJACENT LOTS in any Zone
District other 1-3.
1. AGRICULTURAL PRODUCTION.
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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.
i
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Accessory Uses. The following BUILDINGS, STRUCTURES and USES may be allowed in
the --I-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,
constructed and operated in conformance with the performance standards set forth in
Sec -ions 23 3 3L0, 23 3 350 anc 23 3 36C be ow.
1. OFFICES for use by operators of the Use Allowed by Right.
2. Loading areas or STRUCTURES only when SCREENED from the ADJACENT public rights -
of -way and on ADJACENT properties zoned R-1, R-2, R-3, R-4, R-5, C-1, G-2, C-4 or I-1.
3. Parking areas or —STRUCTURES —for vehicles or equipment, he vehicles or
equipment are SCREENED from the ADJACENT public rights of way and on ADJACENT
properties zoned R-1, R-2, R-3, R-4, R-5, C-1, O-2, C-4 or I-1.
4. One (1) O -B 1 -L -E F --I-- ME when -USED as I -iv- n-g--quarters-for caretakers -or -security personnel
responsible for maintaining or guarding the property, subject to the provisions of Section 23
4-220 of this Chapter.
5. RECREATIONAL FACILITIES for the USE of persons employed in the conduct or
maintenance of the USES allowed on the property.
6. Retail sales, when ACCESSORY to USES of manufacturing, fabricating or assembling.
7. Cargo containers.
8. WIND GENERATORS, which may require the issuance of a Zoning Permit for WIND
GENERATOR, as per + ha pte r 2 3, A rt role- D -iv isi-o-n-6 of _ this Code.
9. TELECOMMUNICATION ANTENNA TOWERS, which require the issuance of a Zoning
Permit for a TELECOMMUNICATION ANTENNA TOWER, subject to the provisions of Article
IV; Division 10 of -this -Chapter.
10. NONCOMMERCIAL TOWER.
D. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in
the 1-2 Zone District so long as they are clearly incidental and ACCESSORY to an allowed
USE and included on an approved and recorded Site Plan. Any USE conducted outside of an
ENCLOSED BUILDING shall be SCREENED from adjacent PUBLIC RIGHTS -OF -WAY and
ADJACENT LOTS in any Zone District other 1-3.
1. AIRSTRIPS.
2. CARGO CONTAINERS.
3. Loading areas.
4. RECREATIONAL FACILITIES, COMMERCIAL, PUBLIC and PRIVATE.
5. SEMI -TRAILERS as accessory storage.
6. STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3-
320.B.
7. WIND GENERATORS allowed as ACCESSORY USES in Section 23-4-450 of this
Chapter.
Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be
constructed, occupied or maintained in the I-2 Zone District upon the approval of a permit in
accordance with the requirements and procedures set forth in Article II, Division 4 of this
Chapter.
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1. REPEALED.
2. AIRSTRIPS when they are ACCESSORY to the Use Allowed by Right.
3. COMMERCIAL JUNKYARD or salvage YARD.
4. Asphalt and Concrete Batch Plants.
5. Coal Gasification Facilities.
6. Open-Piti n-i n g-an-d-lyiateri is--Pto provisions of Article IV, Division 4 of th4s
7. Microwave, Radio, Television or other Communication Towers over forty-five (45) feet in
height (m easu re -d- ro m grou-n-d-1 evel-)
TE—LEG M l-LI--1141- kI-O N—AN-TE—l4N A —T-- WEBS, w- i i ch require a —Use bySpe-ci-al—Review
Permit, subject to the provisions of Article IV, Division 10 of this Chapter.
9. PROCESSING.
10. RESEARCH LABORATORY.
11. HEAVY MANUFACTURING - PROCESSING.
12. WIND TURBINE.
—ICI ET E R''
1-4,. W4NW G.E N ERATOR( ) ryequ r -n-g the issuance of -Use -by -Special Review —Permit, as per
Chapter 23, Article II, Division 4 and Chapter 23, Article IV, Division 6 of this Code.
15. COMMERCIAL SCHOOLS.
16. CORRECTIONAL FACILITY.
17. DISTILLERY.
18. PETROLEUM REFINERY.
19. PIPE —LINE - D - M -E -TI WATER.
20. MEDIUM SCALE SOLAR FACILITY.
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.
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7. WIND GENERATORS requiring a zoning permit under Division 6 of Article IV of this
Chapter.
S ite -Pl Byte--Requand L I -o -la -n -d I -L -DIN- T U C T U R -E shall be U S F D, o h-a-nged--i n
USE or type of occupancy, DEVELOPED, erected, constructed, reconstructed, moved or
structurally altered or operated in the 1-2 Zone District until a Site Plan Review has been
the 1-2 Zone District certify and state that the performance standards and district requirements
that are applicable to the DEVELOPMENT and USES of property zoned 12 have been or shall
be complied with according to the intent of Article II, Division 3 of this Chapter. This shall be
,ao m pl- hed- h-ro-ug-h-th-e--Site Plan -Review a ppkca P-on-p-ro ses-l-i ted- n--S-u-b-sect io n -D
above as Uses by Special Review in the 1-2 Zone District shall be exempt from the Site Plan
Review process and shall make application for approval of a permit in accord- -wlth the
requirements and procedures set forth in Article II, Division 4 of this Chapter. The following is
exempted from a Site Plan Review:
1. OIL AND GAS PRODUCTION FACILITIES.
F. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be
constructed, occupied, operated and maintained in the 1-2 Zone District upon approval of a
permit in accordance with the requirements of Article II, Division 4 of this Chapter.
1. Asphalt or concrete batch plants.
2. Coal gasification facility.
3. COMMERCIAL JUNKYARDS.
4. COMMERCIAL SCHOOLS.
5. COMMERCIAL TRUCK WASHOUT FACILITIES.
6. CORRECTIONAL FACILITIES, subject to Article XV, Section 15-5, of the Weld County
Charter.
7. MAJOR FACILITIES OF PUBLIC UTILITIES OR PUBLIC AGENCIES in accordance with
Division 5 of Article II of this Chapter.
8. MEAT PROCESSING.
9. Open MINING and processing of minerals.
10. PIPELINE - DOMESTIC WATER in accordance with Division 6 of Article II of this Chapter.
11. RESEARCH LABORATORIES.
12. Solid and hazardous waste disposal sites and facilities requiring Certificate of Designation
in accordance with Sections 12-8-10 and 23-4-380 of this Code.
13. TELECOMMUNICATIONS ANTENNA TOWERS over seventy (70) feet in height.
14. USES similar to the USES listed as permitted as long as the USE complies with the
general intent of the Zone District.
15. WIND GENERATORS requiring the issuance of Special Review Permit under Division 6
of Article IV of this Chapter.
Performance Standard Compliance Required. All BUILDINGS, STRUCTURES and land
located in the I-2 Zone Districts shall be located, designed, USED and occupied in such a
manner that the design and operation standards contained in Sections 23-3-340, 23-3-350
and 23-360 below are met.
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G. REPEALED. USES similar to the USES listed above, so long as the USE complies with the
general intent -of _ the 1-2 (Industrial) Zone District.
Amend Sec. 23-3-330.1-3 (Heavy Industrial) Zone District.
A. Intent. The purpose of the 1-3 Zone District is to provide a zone to accommodate industrial
USES that require larger amounts of space, are more resource -intensive than light industrial,
and have limited public access. Properties zoned 1-3 should be located near transportation
infrastructure such as highways, railroads, or AIRPORTS. Intent. The purpose of the 13
Zone District is to provide a zone to accommodate industrial USES which may create adverse
visual impacts for ADJACENT USES. As a result, such uses may required locations relatively
isolated from other land USE types.
B. Uses Allowed by Right. No BUILDING, STRUCTURE or land shall be USED and no
BUILDING or STRUCTURE shall hereafter be erected, structurally altered, enlarged or
maintained in the 1-3 Zone District, except for one (1) or more of the following USES listed in
this section.w-hic-h must be con -ducted in complian-ce-- r-i-th the performance standards
co i _ai iec i i Sec=ions 23 3 34-C, 23 3 350 anc 23 3 360 be ow.
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 cirader sheds.
3. One (1) NONCOMMERCIAL TOWER up to forty (40) feet in height per LEGAL LOT. (See
Section 23-4-895.)
4. PUBLIC PARKS.
5. PUBLIC SCHOOLS.
6. TEMPORARY borrow pits USED exclusively for the completion of a PUBLIC
STREET/ROAD improvement project.
7. TELECOMMUNICATION ANTENNA TOWERS up to thirty-five (35) feet in height.
8. UTILITY SERVICE FACILITIES.
1. Uses allowed by right in the I 1 Zone District.
2. Uses allowed by right in the 1-2 Zone District.
3. Any USE of a research, repairing, manufacturing, fabricating, processing, assembling or
storage nature may be conducted in the 1-3 Zone District.
4. SIGNS, as long as the SIGNS are located and designed in accordance with the recuirements
of Article IV, Division 2 below.
5. Parking or vehicles and equipment.
6. UTILITY SERVICE FACILITIES.
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7. PUBLIC SCHOOL extension classes.
8. OIL AND GAS PRODUCTION FACILITIES.
9. Police and fire station or facilities.
10. Disposal of DOMESTIC SEPTAGE subject to the additional requirements of Chapter 14,
Article VI of this Code.
11. TEMPORARY seasonal uses, including fruit and vegetable stands, and facilities for the sale
of fireworks and Christmas trees, subject to the permit requirements of Article IV, Division 7
of this Chapter.
12. Asphalt or concrete batch plant used temporarily and exclusively for an on site construction
for this TEMPORARY use may be extended in six month increments at the discretion of the
Director of Planning Services to up to two (2) times, and thereafter by the Board of County
13. OUTDOOR STORAGE, when SCREENED from public rights of way and ADJACENT
properties.
14. One (1) TELECOMMUNICATION ANTENNA TOWER subject to the provisions of Article IV,
Division 1 -0 -of -this C h a pt -
15. TRANSLOADING.
16. OIL AND GAS SUPPORT AND SERVICE.
C. Uses allowed subject to Site Plan Review. The following USES shall be allowed in the 1-3
Zone District following approval and recording of a Site Plan in accordance with Article II,
Division 3, of this Chapter.
1. ADULT BUSINESS, SERVICE or ENTERTAINMENT ESTABLISHMENT subject to the
provisions of Article IX of this Chapter.
2. AGRICULTURAL PRODUCTION.
3. AIRSTRIPS and AIRPORTS, including crop -dusting operations.
4. Any USE of a research, repairing, manufacturing, fabricating, assembling, processing, or
storage nature.
5. Asphalt or concrete batch plants.
6. BIOSOLID and DOMESTIC SEPTAGE disposal subject to Chapter 14 of this Code.
7. BREWERIES, DISTILLERIES, and WINERIES.
8. CAR WASHES and gas stations.
9. COMMERCIAL STORAGE BUILDINGS.
10. COMMERCIAL TRUCK WASHOUT FACILITIES.
11. CUSTOM MEAT PROCESSING.
12. DISTRIBUTION CENTERS.
13. Farm equipment sales, repair, and installation facilities.
14. Golf courses.
15. Grain, seed, feed, and fertilizer retail and wholesale sales establishments.
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i
16. Headquarters or service facilities for taxi services, bus services and other services
involving the transportation of people.
17. HELIPORTS.
18. INDOOR SHOOTING RANGES.
19. LANDSCAPING COMPANIES.
20. LUMBERYARDS/WOODWORKING.
21. MEAT PROCESSING.
22. OFFICES.
23. OIL AND GAS STORAGE FACILITIES.
24. OIL AND GAS SUPPORT AND SERVICE.
25. ORGANIC FERTILIZER PRODUCTION/COMPOSTING FACILITIES.
26. OUTDOOR STORAGE.
27. OUTDOOR STORAGE of PUBLIC utility -related equipment.
28. Parking areas and parking STRUCTURES.
29. PET CREMATORIES.
30. Police, ambulance, and fire stations or facilities.
31. RACING FACILITIES.
32. REPAIR SERVICE ESTABLISHMENT.
33. RESEARCH LABORATORIES.
34. RETAIL/SERVICE ESTABLISHMENTS with a total GROSS FLOOR AREA of up to three
thousand (3,000) square feet per LEGAL LOT.
35. SMALL SCALE SOLAR FACILITY.
36. THEATERS and convention halls.
37. TRANSLOADING.
38. VEHICLE SERVICE/REPAIR ESTABLISHMENTS.
Accessory Uses. The following BUILDINGS, STRUCTURES and USES may be allowed in
r-i-its so long as they -are clearly incidental and accessoryt-o-th-e--U- r I -o ed-
by Right. Such BUILDINGS, STRUCTURES and USES must be designed, constructed and
up-er ated in co nfor-man ce with the -per , tai d ards set _ forth -in -Sec
3 350 and 23 3 360 below.
1. OFFICES for USE by operators of the Use Allowed by Right.
2. Loading areas or STRUCTURES.
3. Parking areas or STRUCTURES.
r'1. One (1) MOBILE HOME when USED as living quarters for caretakers or security personnel
responsible for -maintaining -or -guarding t-he--pr-ope-rty, subject -to the -provisions of Sect- o -n- --
/1-220 of this Chapter.
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5. RECREATION FACILITIES for the USE of persons employed in the conduct or maintenance
of _ the USES all viatad onthe property.
6. Retail sales, whe C C -SS O RY-to-U ES--o-f n- n ufa ctu-r-i-n-g, _ fabricating -or assem bli-n-g .
7. Cargo containers.
8. WIND GENERATORS, which may require the issuance of a Zoning Permit for WIND
GENERATOR, as per Chapter 23, Article IV, Division 6 of this Code.
9. TELECOMMUNICATION ANTENNA TOWERS, which require the issuance of a Zoning
Permit for a TELECOMMUNICATION ANTENNA TOWER, subject to the provisions of Article
IV, Division 10 of this Chapter.
10. NONCOMMERCIAL TOWER.
D. Accessory Uses. The following BUILDINGS, STRUCTURES and USES shall be allowed in
the 1-3 Zone District so long as they are clearly incidental and ACCESSORY to an allowed
USE and included on an approved and recorded Site Plan.
1. CARGO CONTAINERS.
2. Loading areas.
3. RECREATIONAL FACILITIES, COMMERCIAL, PUBLIC and PRIVATE.
4. SEMI -TRAILERS as accessory storage.
5. STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3-
330.B.
6. WIND GENERATORS allowed as ACCESSORY USES in Section 23-4-450 of this
Chapter.
Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be
constructed, occupied or maintained in the 1 Zone District upon the approval of a permit in
accordance with the requirements and procedures set forth in Article II, Division 4 of this
Chapter.
1. AIRSTRIPS when they are ACCESSORY to the Use Allowed by Right.
2. MAJOR FACILITIES OF PUBLIC UTILITIES.
3. COMMERCIAL JUNKYARD or salvage YARD.
4. OIL AND GAS -ST
5. Asphalt a n -d- -n-crete--Batch- PI -a nta
C�oaI Gasifi-cati-an-Facilities.
7. Open -Pit _ Min -1n -g -o n teri als-Prot essin-g u bjeot _ to pro -visions -of -Article IV, D ivy s t ond of --his
Chapter.
8. Microwave, Radio, Television or other Communication Towers over forty-five (45) feet in
height (measured-from-groundl
9. TELECOMMUNICATION ANTENNA TOWERS, which require a Use by Special Review
Permit, subject to the provisions of Article IV, Division 10 of this Chapter.
10. PROCESSING.
11. RESEARCH LABORATORY.
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12. HEAVY MANUFACTURING, PROCESSING.
13. WIND TURBINE.
14. CEMETERY.
15. WIND GENERATORS requiring the issuance of Use -by -Special Review Permit, as per
Chapter 23, Article II, Division 4 and Chapter 23, Article IV, Division 6 of this Code.
16. COMMERCIAL SCHOOLS.
17. CORRECTIONAL FACILITY.
18. BREWERY.
19. DISTILLERY.
20. PETROLEUM REFINERY.
21. PIPELINE - DOMESTIC WATER.
22. MEDFACILITY.
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.
Site Plan Review Required. No land, BUILDING or STRUCTURE shall be USED, changed in
USE or type of occupancy, DEVELOPED, erected, constructed, reconstructed, moved or
structural -Iv -altered or operated-4n-th e 4 - Zo n e Dist-rict-u-n-til a Site -Plan Review has been
approved by the Department of Planning Services. It shall be necessary that the applicant in
the Zone District cert'fy and state that the performance standards anc cistrict requirements
that are applicable to the DEVELOPMENT and USES of property zoned I-3 have been or shall
be complied with according to the intent of Article II, Division 3 of this Chapter. This shall be
.
above as Uses by Special Review in the I Zone District shall be exempt from the Site Plan
Review process and shall make--a-ppli-cat-i-o-n-#or approval of a permit in accordance -with _ the
requirements and procedures set forth in Article II, Division 4 of this Chapter. The following is
exempted from a Site Plan Review:
1. OIL AND GAS PRODUCTION -FACILITIES.
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F. Uses by Special Review. The following BUILDINGS, STRUCTURES and USES may be
constructed, occupied, operated and maintained in the 1-3 Zone District upon approval of a
permit in accordance with the requirements of Article II, Division 4 of this Chapter.
1. Coal gasification facility.
2. COMMERCIAL JUNKYARDS.
3. COMMERCIAL SCHOOLS.
4. CORRECTIONAL FACILITIES, subject to Article XV, Section 15-5, of the Weld County
Charter.
5. HEAVY MANUFACTURING — PROCESSING.
6. MAJOR FACILITIES OF PUBLIC UTILITIES OR PUBLIC AGENCIES in accordance with
Division 5 of Article II of this Chapter.
7. Open MINING and processing of minerals.
8. PETROLEUM REFINERIES.
9. PIPELINE - DOMESTIC WATER in accordance with Division 6 of Article II of this Chapter.
10. Solid and hazardous waste disposal sites and facilities requiring Certificate of Designation
in accordance with Sections 12-8-10 and 23-4-380 of this Code.
11. TELECOMMUNICATIONS ANTENNA TOWERS over seventy (70) feet in height.
12. USES similar to the USES listed as permitted as Ionq 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 Compliance Required. All BUILDINGS, STRUCTURES and land
located in the 13 Zone Districts shall be located, designed, USED and occupied in such a
manner that the design and operation standards contained in Sections 23-3-340, 23-3-350
and 23 3 360 below are met.
G. REPEALED.USES similar to the USES listed above, so long as the USE complies with the
Amend Sec. 23-3-340. Performance standardsBulk standards.
All BUILDINGS, STRUCTURES, USES, and land located in the Industrial Zone Districts shall
be located, designed, usedUSED and occupied in accordance with the design and operation
standards requirements enumerated in this sectionSections 23-3-350 and 23-3-360 below.
A. Minimum SETBACK: twenty-five (25) feet.
B. Minimum OFFSET: ten (10) feet or one (1) foot for every two (2) feet of BUILDING HEIGHT,
whichever is greater.
C. No occupied BUILDING or STRUCTURE shall be constructed within two hundred (200) feet
of any TANK BATTERY, within one hundred fifty (150) feet of any oil and 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.
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Amend Sec. 23-3-350. Design standards. -REPEALED.
The applicant for a building permit shall certify, according to the intent of Article II, Division 3
of this Chapter, that the following performance standards and the specific zone district
requirements have been met. Additionally, the applicant shall certify that compliance with these
performance standards shall continue once the USE, BUILDING or STRUCTURE is constructed
and in operation.
A. Stormwater Management. All USERS of land in the Industrial Zone Districts shall provide and
maintain stormwater retention facilities designed to retain the stormwater runoff in excess of
historic flow from the undeveloped site. The stormwater retention facility on a developed site
shall be designed for a one hundred -year storm. The stormwater retention facility shall be
designed -and -operated -to release t-h-e--reta i ned-wate-r at -a -q-uari-t -,and-rate not to exceed the
quantity and rate of a five year storm falling on the undeveloped site.
B. Parking. Sufficient SCREENED, off-street, paved parking areas shall be provided in the
I-n-dustrial-Zone Districts -to meet the -requirements of -e -m -p -I -oyes-, -company-vehicles, visitors
and customers of the Uses Allowed by Right and ACCESSORY USES. For detailed parking
requirements, see Article IV, Division 1 of this Chapter.
C. Loading Areas. Loading areas in the Industrial Zone Districts shall be located, designed and
constructed in a manner that is in conformance with the standards below.
1. Sufficient space shall be provided in loading areas to accommodate the vehicles being
loaded or unloaded without encroachment upon neighboring property or rights -of -way.
Said loading areas shall be paved.
2. Loading areas located within the 1 1 and 12 Zone Districts shall be designed to comply
above.
D. Street Access. LOTS in the Industrial Zone Districts shall have safe access to an approved
PUBLIC or private STREET. The design designation of any STREET or highway as to type
shall be in conformance with that shown on the Thoroughfare Plan and/or the MASTER PLAN
of the affected municipality. Vehicular ingress and egress shall be permitted only via the
fo-ll-oi n -g types -of STREETS -
1. ARTERIAL.
2. COLLECTOR, when that COLLECTOR STREET does not serve any Residential Zone
District before intersecting an ARTERIAL.
3. FRONTAGE or SERVICE ROAD.
}1. LOCAL, when the LOCAL STREET is internal to the Industrial Zone District and does not
serve any Residential Zone District LOTS.
5. New accesses to public rights -of -way shall be constructed using the minimum standards
the Department of Public Works depending upon the number and type of vehicles
generated by the use proposed.
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Table 23.7
NH
Size of drainage
15 inches
structure
diameter
Length
of
dra-i-nage-
20 feet
structure
Depth of cover over
12 inches
pipe
Width
of
access,
10 feet to 24
variable
feet
15
access
percent
Flare radius,
20 feet
to 40
variable
feet
Depth of surfacing
I inches
E. Acceleration/deceleration lanes where required by the Department of Public Works or the
COLLECTOR STREETS.
F. Required YARDS.
1. Setback. No USE or ACCESSORY USE may be located closer than twenty-five (25) feet
to the existing or proposed (whichever represents the greater right of way width) highway
or STREET right-of-way. Off-street parking areas may be permitted in the required
SETBACK area when the area is SCREENED from direct view of persons on the public
rights -of -way. Fences over six (6) feet in height are not required to comply with the
minimum SETBACK and -may b -e -located on _ t-h-e-propert --lThe -Fences located -on -corner
lots abutting public right of way shall not obstruct the view of vehicular traffic at an
intersection.
2. Offset. All USES and ACCESSORY USES must be OFFSET ten (10) feet or one (1) foot
for every two (2) feet of BUILDING HEIGHT containing the USE, whichever is greater. Off
street parking areas may be permitted in the required OFFSET area when the area is
screened from adjacent properties. Fences over -six (-6-- -t _ in--h-e-i-g-h-t-are-n of required to
comply with the minimum OFFSET and may be located on the property line.
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3. No BUILDING or STRUCTURE shall be constructed within a two -hundred -foot radius of
any --tank batterwithin a one hundred -fifty -foot radius of any wellhead --or h-i twent -
five foot radius of any plugged or abandoned oil and gas well. Any construction within
these setbacks shall require a variance from the terms of this Chapter in accordance with
Subsection 23 6 10.C of this Code.
G. Required Landscaped Areas.
1. No more than eighty-five percent (85%) of the total area of a LOT in any Industrial Zone
District shall be covered. Land shall not be deemed covered if it is used for growing grass,
shrubs, trees, p ants or flowers, covered by decorative grave or wood dips, or otherwise
suitably LANDSCAPED.
2. That portion of a LOT in any Industrial Zone District which abuts a PUBLIC or private
STREET right of way shall be landscaped for a distance of ten (10) feet, measured at a
right angle from the LOT line towards the interior of the LOT. Sidewalks and driveways
may pass through the required LANDSCAPED areas.
H. Trash Collection Areas. Areas USED for storage or trash collection shall be SCREENED from
ADJACENT public rights -of -way and ADJACENT properties. These areas shall be designed
an-d-U-SED in-a---manner-that-will prevent i-n d- or animal -scattered trash.
potable water.
disposal facilities.
K. All external lighting shall be designed in accordance with Section 23 2 160116.
Amend Sec. 23-3-360. Operation standards.REPEALED.
_USES in the Industrial Zone Districts shall demonstrate conformance with 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 of the USES permitted shall conform
to these standards.
designed -anti o per -ted-in rd a nce-wit-h the noise standards as established in -Section
25-12-101, C.R.S.
B. Air Quality. USES in the Industrial Zone Districts shall be located, designed and
the air quality standards established by the Colorado Air
Pollution Control Commission.
C. Water Quality. USES in the Industrial Zone Districts shall be located, designed and
operated in accordance with the water quality control standards established by the
Colorado Water Quality Control Commission.
D. Radiation and Radioactive Material. 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.
E. Heat. USES located within the Industrial Zone Districts shall not emit heat in such an
amount sufficient to raise the temperature of the air or of materials at or beyond the lot
line more than five (5) degrees Fahrenheit.
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F. Light. Any lighting, including light from high temperature processes such as welding or
combustion, shall be designe-cLrocated and operated -in such --e canner a t the
following standards: sources of light shall be shielded so that beams or rays of light will
not shine directly onto ADJACENT properties; neither the direct nor reflected light from
private STREETS; and no colored lights may be used which may be confused with or
construed as traffic control devices.
G. Property Maintenance. Property located within the Industrial Zone Districts shall be
maintained in such a manner that grasses and weeds are not permitted to grow taller
than- twelve -(12) inches. inn -o- eve-n-t-sh-a I -I --the proper o; r---allo- t -he -g -r t -h of
NOXIOUS WEEDS.
Division 5 - E (Estate) Zone District
Amend Sec. 23-3-400. intent.
The E (Estate) Zone District is intended to provide the present and future residents of tho
COUNTY with areas in which to locate and establish rural, large -lot residential land USES and
land USES that are compatible with very low -density residential areas. The E Zone District is
intended to be located, designed and developed in a manner that is compatible with the applicable
requirementsChapter 22 of this Code
municipalities. This Zone District may serve as a transition between Agricultural areas and R-1
Zone Districts, but should be located such that driveways will be located on very low -traffic, local,
PUBLIC or private STREETS/ROADS.
Add Sec. 23-3-405. Water and sewer requirements.
All USES requiring water in the Estate Zoning District shall be connected to and served by a
PUBLIC WATER system and an adequate sewage disposal system. The sewage disposal system
shall comply with the On -Site Wastewater Treatment System regulations contained in Chapter 30
of this Code or shall be served by PUBLIC SEWER service. Evidence that PUBLIC WATER and
an adequate sewage disposal system are available to the LOT shall be provided prior to the
issuance of a building permit.
Amend Sec. 23-3-410. Uses allowed by right.
No BUILDING, STRUCTURE or land shall be USED, and no BUILDING or STRUCTURE shall
hereafter be erected, structurally altered, enlarged or maintained in the E Zone District except for
one (1) or more of the following USES. cliance
are subject to the additional requirements contained in Articles IV and V of this Chapter.
A. GARDENING. One (1) SINGLE-FAMILY DWELLING per LEGAL LOT. The SINGLE-FAMILY
DWELLING 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 Individual
Sewage Disposal -Regulations --contained in---h-a-pter -U--of -ti is Code. Evi-dence-that-PUBLI-C
WATER and an adequate sewage disposal system are available to the LEGAL LOT shall be
provided priorto the issuance of a building permit.
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B. FISHING and noncommercial WATER SKIING. One (1) MANUFACTURED HOME per
LEGAL LOT. The MANUFACTURED-H-01flall be connected to and served by a RUB -L -C
comply with the Individual Sewage Disposal Regulations contained in Chapter 30 of this Code.
LEGAL LOT shall be provided prior to the issuance of a building permit.
C. One (1) NONCOMMERCIAL TOWER up to forty (40) feet in height per LEGAL LOT. (See
Section 23-4-895.)FARMING, RANCHING and GARDENING.
D. PUBLIC parks and PUBLIC recreation areas.
E. PUBLIC SCHOOLS and PUBLIC SCHOOL extension classes.
F. One (1) SINGLE-FAMILY DWELLING and AUXILIARY QUARTERS, FOSTER CARE HOME,
or GROUP HOME FACILITY per LEGAL LOT. -Police and fire staff-ons or facilities,
G. UTILITY SERVICE FACILITIES.
H. REPEALED.GROUP ROU P HOME FACILITY.
I. REPEALED.FOSTER CARE HOME.
J. REPEALE D.OI L AND GAS FACILITIES.
1. WOGLA Required. No OIL AND GAS FACILITY shall be developed in the E (Estate) Zone
District until a WOGLA has been issued by the Department of Planning Services or the
in Article II, Division 10, of this Chapter.
K REPEALED.PIPELINE - NATURAL GAS or PIPELINE - PETROLEUM PRODUCTS OTHER
THAN NATURAL GAS.
1. LAP Required. No PIPELINE NATURAL GAS or PIPELINE PETROLEUM PRODUCTS
OTHER THAN NATURAL GAS shall be developed in the E (Estate) Zone District until a LAP
has been issued by the Department of Planning Services or the Board of County
Commissioners in accordance with the application procedures set forth in Division 11, of this
Chapter.
Add Sec. 23-3-415. Uses allowed subject to Site Plan Review.
The following USES shall be allowed in the E Zone District following a
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.
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Amend Sec. 23-3-420. Accessory uses.
i
The following BUILDINGS, STRUCTURES and USES shall be allowed in the E (Estate) Zone
District so long as they are clearly incidental and accessory to an allowed USEthe Uses Allowed
by Right_ in the E (Estate) Zone District. Such BUILDINGS, STRUCTURES and USES must bo
designed, constructed and operated in conformance with the bulk requirements contained in
Section 23 3 440 below. ACCESSORY USES within the E (Estate) Zone District are also subject
to the additional requirements contained in Articles IV and V of this Chapter. Note: The combined
GROSS FLOOR AREA of all ACCESSORY BUILDINGS constructed after the original effective
date of this Chapter (August 25, 1981) on LOTS of less than ten (10) acres in SUBDIVISIONS
and HISTORIC TOWNSITES shall not exceed four (4) percent of the total LOT area, except in
Regional Urbanization Areas (RUA), which shall adhere to RUA development standards.
However, in no case shall such an ACCESSORY BUILDING in a SUBDIVISION or HISTORIC
TOWNSITE exceed twice the GROSS FLOOR AREA of the principal DWELLING UNIT on the
LOT except by VARIANCE. Any ACCESSORY BUILDING made nonconforming by application of
this Section may be repaired, replaced or restored in total. Exterior portions of all ACCESSORY
BUILDINGS, including the roof, shall be constructed of nonreflective materials..
A. ANIMAL BOARDING and animal TRAINING FACILITIES where the maximum number of
ANIMAL UNITS permitted in Section 23-3-440 below is not exceeded and traffic to and from
the facility does not exceed sixty (60) daily trips. Garages, carports and parking areas.
B. FARMING.Swimming pools, tennis courts and similar RECREATIONAL FACILITIES.
C. Parking areas and parking STRUCTURES, not including parking of COMMERCIAL
VEHICLES. S GN , ;� �� nce with -the provisions off--Articlaisio-n off _ this Cha
D. STRUCTURES and BUILDINGS ACCESSORY to USES permitted under Section 23-3-410,
not including CARGO CONTAINERS. HOME OCCUPATIONS - CLASS I shall comply with
Section -23-1-90 and CLASS 11 -shall -comply -with -Section -n -1 -90 -and -Article IV, DivisionA ;
of this Chapter.
E. Swimming pools, tennis courts and similar ACCESSORY USES and STRUCTURES. Service
'titles.
F. WIND GENERATORS allowed as ACCESSORY USES in Section 23-4-450 of this
Chapter.Any other STRUCTURE or USE clearly incidental and ACCESSORY to a Use
i-n-the E Zone District
G. RE P EAL E D.-Rark i ng-and-operation of one (1-)tommsrcial-vshicLe-from-the-property--provided
that such parking and operation are permitted through Section 23-4-950 of this Chapter.
Add Sec. 23-3-425. - Uses allowed by permit.
No USE listed in this Section shall commence construction or operation in the E Zone District
without prior approval of a land use permit from the Department of Planning Services.
A. HOME OCCUPATIONS permitted under Division 13 of Article IV of this Chapter.
B. One (1) NONCOMMERCIAL TOWER between forty (40) and seventy (70) feet in height per
LEGAL LOT permitted under Section 23-4-895.
C. OIL AND GAS FACILITIES permitted under Division 10 of Article II of this Chapter.
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D. Parking, of one (1) COMMERCIAL VEHICLE per LEGAL LOT permitted under Division 12 of
Article IV of this Chapter.
E. PIPELINES - NATURAL GAS or PIPELINES - PETROLEUM PRODUCTS OTHER THAN
NATURAL GAS permitted under Division 11 of Article II of this Chapter.
F. WIND GENERATORS requiring a Zoning Permit under Division 6 of Article IV of this Chapter.
Amend Sec. 23-3-430. Uses by special review.
The following BUILDINGS, STRUCTURES and USES may be constructed, occupied,
operated and maintained in the E Zone District upon approval of a permit in accordance with the
requirements and procedures set forth in Article II, Division 4 of this Chapter.
A. ACCESSORY BUILDINGS with a GROSS FLOOR AREA larger than four (4) percent of the
total LOT area, as detailed in Section 23-3-420 above. HOSPITAL, nursing horne -an4
rehabilitation center.
B. BED AND BREAKFAST FACILITIES.Private SCHOOL.
C. CHILD CARE CENTERS.CHURCH.
D. HOME BUSINESSES.PRIVATE RECREATIONAL FACILITY.
E. PIPELINES - DOMESTIC WATER in accordance with Division 6 of Article II of this Chapter.
KENNEL, subject to the additional requirements of Section 23 4 400 of this Chapter.
F. RESIDENTIAL THERAPEUTIC CENTERS.CHILD CARE CENTER.
G. USES similar to the USES listed as permitted as long as the USE complies with the general
intent of the Zone District.Keeping, raising or boarding of EXOTIC ANIMALS.
H. WIND GENERATORS requiring the issuance of Special Review Permit under Division 6 of
Article IV of this Chanter. HOME BUSINESS.
REPEALED.OIL L AND GAS PRODUCTION FACILITIES.
J. REPEALED.WIND TURBINES.
K. REPEALED.USES similar to the USES listed above as Uses by Special Review as long as
the USE complies with the general intent of the E Zone District.
L. REPEALED.CEMETERY.
RY.
M. REPEALED.PIPELINE DOMESTIC WATER.
Amend Sec. 23-3-440. Bulk requirements.
The following Subsections list the bulk requirements for the E Zone District. All BUILDINGS,
STRUCTURES, USES, and land in the E district are subject to the requirements contained in this
Section.
A. thru D. — No change.
E. Minimum OFFSET for residencesDWELLING UNITS when ADJACENT to the A (Agricultural)
Zone District: forty (40) feet.
F. REPEALED.Fences Fences less than six (6) feet in height are not required to comply with the
minimum OFFSET and may be located on the property line.
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G.- No change.
H. Maximum number of ANIMAL UNITS: one (1) per acre, not to exceed eight (8) ANIMAL UNITS
per LOT. The maximum number of HOUSEHOLD PETS per LOT shall be four (4)
HOUSEHOLD PETS of one (1) species or a total of seven (7) HOUSEHOLD PETS of two (2)
or more species.
I. Minimum GROSS FLOOR AREAq-e—forme of SINGLE-FAMILY DWELLING or
MANUFACTURED HOME: one thousand two hundred (1,200) square feet.
J. REPEALED. (See Section 23-3-420.)The combined GROSS FLOOR AREA of all
ACCESSORY BL- -ructedaft-er the original effective date -of- apter (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 controlling subdivisions of less than ten (10) acres
shall not exceed four percent (4%) of the total lot area, except in the Regional Urbanization
Area (RUA), which shall adhere to RUA development standards. However, in no case shall
lot except by variance. Any accessory structure made nonconforming by application of this
S-u-teti-o-r -ray-be-re-pa1red , replaced or restored -a -n- total .
K. REPEALED. (See Section 23-3-420 jExterior- po-rt10-r -of all SSSOR' -B-U I-LJJ-1 S
including the roof, shall be constructed of nonreflective materials.
L. No occupied BUILDING or STRUCTURE, as defined and limited to those occupancies listed
as Groups A, 3, E, _, - , 1, _ M, R, S a-Rd-Winion 302.1 of _ the -2012 International E silk
Code, shall be constructed within a -two -_hundred (200) feet -foot radius of any tank battery,
within a -one hundred- fifty (150) feet -foot radius of any oil and <las wellhead or within a -twenty-
five (25) feet foot radius of any plugged or abandoned oil and gas well. Any construction within
a two -hundred -foot radius of any tank battery or one hundred -fifty -foot radius of any wellhead
shall require a variance from the terms of this Chapter in accordance with Subsection 23 6
10.C. of this Chapter.
M. Sources of light shall be shielded so that beams or rays of light will not shine directly onto
ADJACENT properties or PUBLIC or private STREETS/ROADS. Neither the direct nor
reflected light from any light source may create a traffic hazard to operators of motor vehicles
on PUBLIC or private STREETS/ROADS. No colored lights may be used which may be
confused with, or construed as, traffic control devices. All external lighting shall be designed
in accordance with Section 23-2-150.1.5.
Division 6 - PUD (Planned Unit Development) District JAIl current development -proposals
Amend Sec. 23-3-500. Intent.REPEALED.
D.
The PUD (Planned Unit Development) District is `tended to allow an alternative means for
property owners to apply flexibility in developing their land which may not be possible under the
normal application of this Chapter and Chapter 24 of this Code. The PUD District is not intended
to be used to circumvent or distort the policies and objectives of this Chapter and Chapters 22
and 24 of this Code. The objectives of the PUD District are to: encourage flexibility and variety in
a -n d- quati of --near f LENT; fa-citi-ta- to a e i-ca I provision of public
and private services; preserve the natural and scenic features of the DEVELOPMENT area;
encourage an integrated planning approach; and ensure compatibility with Chapters 22 and 24 of
this Code. The COUNTY is authorized to regulate PUDs by Section 24-67-101, et seq., C.R.S.
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Amend Sec. 23-3-510. Permitted uses. REPEALED,
A. A PUD District may include any BUILDING, STRUCTURE or USE as found to be appropriate
under the review and approval procedures in Article II, Division 8 of this Chapter.
DEVELOPMENT is allowed only in those parts of a PUD District which are included in an
approved and recorded PUD plan. USES within the PUD District shall also be subject to the
additional requirements contained in Articles IV and V of this Chapter.
B. USES within a PUD District shall be described by tract within a PUD District. This description
shall give a clear indication of the type of USE to take place within the tract and a brief
description of the type of BUILDINGS and STRUCTURES to be as d with those USES:
This description shall be in adequate detail to determine density, COMMON OPEN SPACE,
major v- lean d pedestrian ci rcu Iat i o n to n d e—fa-cilites, a nc buf-fsri-ng or
SCREENING.
C. Each approved PUD District is considered unique, and the location of USES described by
tract- i#-ll-in a PUD District cannot be -altered unless an amendment to the PUD District is
approved as a new PUD District under the PUD Change of Zone procedure in Article II,
Division 8 of this Chapter.
Amend Sec. 23-3-520. Performance standards.REPEALED.
i
C
esignec
useC
anc
occu
pied
in accordance with the standarc
s enumerated
be
ow.
A. Compatibility: The density, design and location of land USES within and adjoining a PUD
District shall be designed to be compatible with other USES within and adjoining the PUD
District. Compatible USES shall be determined by evaluating the general USES, BUILDING
height, SETBACK, OFFSET, size, density, traffic, dust, noise, harmony, character, landscape,
SC N -LING, heaIth, safet nd- Ifare.
B. Common open space. COMMON OPEN SPACE shall be provided in a PUD District. The
amount and type of COMMON OPEN SPACE shall be proportioned according to the type of
USES -B-U- -D - r STRUCTURES to b e -co -n -tai n ed-i-n-the-P-U D District 'OMMO N -O PE NI
SPACE shall be designed to be useful to the occupants and residents of the PUD District for
recreational and scenic purposes. The COMMON OPEN SPACE in a PUD District shall be
and maintenance purposes.
C. Water and sewer provisions. A PUD District shall be serviced by an adequate water and sewer
system. A PUD District with residential USES shall be served with a PUBLIC WATER system.
D. Circulation. DEVELOPMENT within a PUD District shall be designed and constructed to
include adequate, safe and convenient arrangements for pedestrian and vehicular circulation,
off -street -parking -and loading -space. P- de t-ri-a-n-and-vsh i-cu lar c-ircu l-etio n s-h-all-retat-e- to _ the
circulation system external to a PUD District. All STREETS within the PUD District, whether
private or public, shall be designed-and-co-nstru cted to-� , h reg u it r e-nts Chapters 24
and 29 of this Code.
E. Buffering and screening. USES, BUILDINGS or STRUCTURES within a PUD District that
would not be compatible with other USES, BUILDINGS or STRUCTURES within and
ADJACENT to a PUD District shall be adequately buffered and SCREENED to make their
appearance and operation harmonious to the surrounding USES.
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F. Bulk requirements. The normal bulk requirements for minimum SETBACK, minimum
OFFSETS rminimum LOT sianimum L OT area per - TU--RE, maxim. r ,e t -of
BUILDINGS and LOT coverage may be varied as specified in a PUD District final plan. All
other performance standards applicable to a PUD District may be required to be as strict as
the performance standards contained in the zoning district in which the USE would usually be
allowed.
O. Mining. MINING USES within a PUD District will not cause injury to vested or conditional water
rights. If the USE may result in injury to vested or conditional water rights, the applicant shall
either present an agreement with a water conservancy district or water user group which
encompasses _ the -location -of -the n--of-the us i-tlhi-n--bounddari es, a plan -of -exchange or substitute
supply approved by the State Engineer or a decreed plan for augmentation approved by the
Di -strict Court for Water Division No. 1, which prevents injury to vested and conditional water
rights.
H. Compliance. A PUD District and any part thereof which has been approved as a PUD Plan
sial De considered as being in compliance witi C is oter 24 of tiis Coce and Section 30-28-
101, et seq ., C.R.S. The design standards and improvement agreements of Chapter 24 shall
be utilized when applicable to the PUD Plan review and DEVELOPMENT. Certain PUD plan
requirements may differ from those specifically listed in Chapter 24.
I. Enforcement. To further the mutual interest of the residents, occupants and owners of a PUD
and of the public in the preservation of the integrity of the PUD, the provisions of the PUD
District and Plan relating to the USE of land and the location of COMMON OPEN SPACE
shall run in favor of the COUNTY and shall be enforceable at law or in equity by the Board of
u -n o-m-issi o n ers with -out limitation -On -any -power or regulation -otherwise g nt-ecHay
law.
Amend Sec. 23-3-530. Site plan review requi red: REPEALE D.
No uses within a PUD District which would require a Site Plan Review in the Commercial,
Industrial or R-4 Zone District shall occur or be operated in the PUD District until a Site Plan
Review has been approved by tie Department of Planning Services. It siall be necessary for the
DEVELOPMENT and USE of property zoned PUD have been or shall be complied with according
to the intent of Article II, Division 3 of this Chapter. This shall be accomplished through the Site
Plan -Review -application -process. -
Amend Sec. 23-3-540. Performance standard compliancerequired.REPEALED.
All -BUILDINGS, STRUCTU- and l a nilocated-in th-e--RU-D-D-istri-ot- shall be located,
designed, USED and occupied in such a manner that the standards contained in Section 23-3-
530 above are met.
Amend Sec. 23-3-550. Uses allowed by right.REPEALED.
A. OIL AND GAS FACILITIES.
1. WOGLA Required. No OIL AND GAS FACILITY shall be developed in the A (Agricultural)
Zone District until a WOGLA has been issued by the Department of Planning Services or
the Board of County Commissioners in accordance with the application procedures set
forth in Article II, Division 10, of this Chapter.
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Add Sec. 23-3-560. - PUDs subject to Chapter 27 of this Code.
All land in the PUD (Planned Unit Development) Zone District shall be subject to the
regulations in Chapter 27 - Planned Unit Development of this Code.
ARTICLE IV - Supplementary District Regulations and Zoning Permits
Division 1 - Off -Street Parking and Loading Requirements
Amend Sec. 23-4-20. Location of off-street parking areas.
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i
A. If the land USE with respect to which the off-street parking requirements exist is confined to a
single LOT, the off-street parking spaces shall be within that LOT or on a different LOT,
properly zoned, not more than five hundred (500) feet distant, measured along a PUBLIC
STREET/ROAD or ALLEY which connects the two (2) LOTS. If the land USE is located on
two (2) or more commonly owned and adjoining LOTS, the off-street parking spaces may be
located on any one (1) or more of those LOTS or on a properly zoned LOT separated from
them by not more than five hundred (500) feet, measured in the same way.
B. Off-street parking areas in the I or C Zone Districts may be permitted within the required
SETBACK or OFFSET areas so long as the parking area is SCREENED from ADJACENT
properties zoned R-1, R-2, R-3, R-4 or R-5.
C. Parking areas shall not be permitted in any RIGHTS -OF -WAY.
Amend Sec. 23-4-30. Design and construction of off-street parking spaces.
A. and B. — No change.
C. Off-street parking spaces including access drives shall be surfaced with gravel, asphalt,
concrete or equivalent and shall be graded to prevent drainage problems. PARKING LOT
surfaces shall be consistent with the surrounding DEVELOPMENT, but any USE requiring
approval of a Site Plan Review shall have paved PARKING LOTS.
D. — No change.
E. Lighting provided for off-street parking spaces shall be arranged so as to minimize illumination
onto adjoining residential USES and so as to prevent glare directed at vehicles on
STREETS/ROADS and ALLEYS.
F. REPEALED. (See Subsection C above.) Parking LOT surface shall be consistent with the
surrounding development.
G. PARKINGParki ng LOTS shall conform to all standards of the Americans with Disabilities Act.
H. PARKINGParki ng LOTS with two-way driveways will be provided with sufficient turning lane
widths to allow two (2) vehicles to pass.
I.- No change.
J. Landscaping techniques shall be utilized in design of PARKING LOTS to aid in buffering
PARKING LOTS from STREETS/ROADS. The PARKING LOT of any USE requiring approval
of a Site Plan Review shall be SCREENED from PUBLIC RIGHTS -OF -WAY and ADJACENT
properties zoned R-1, R-2, R-3, R-4 or R-5.
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Amend Sec. 23-4-50. Off-street loading required.
A. Off-street loading spaces shall be required for LOTS in the I and C Zone Districts. Off-street
loading spaces shall be located and SCREENED to meet the requirements of the zoning
district in which it is Iocatcdfrom PUBLIC RIGHTS -OF -WAY and ADJACENT properties zoned
R-1, R-2, R-3, R-4 or R-5. One (1) off-street loading space shall be required if the
COMMERCIAL or I NDUSTRIALi ndustrial USE is located in a buildingBUILDING containing
between ten thousand (10,000) square feet and twenty thousand (20,000) square feet of
GROSS FLOOR AREA, and one (1) additional off-street loading space shall be required for
each additional twenty thousand (20,000) square feet or fraction thereof of GROSS FLOOR
AREA.
B. — No change.
C. Off-street loading spaces shall be surfaced with either gravel, asphalt or concrete and shall
be graded so as to prevent drainage problems. Each space should be equipped with wheel
guards when necessary to prevent vehicles from extending beyond the boundary of this space
and from coming into contact with other vehicles, walls, fences or plantings. Off-street loading
area surfaces shall be consistent with the surrounding development, but any USE requiring
approval of a Site Plan Review shall have a paved off-street loading area.
a. Lighting provided for off-street loading spaces shall be arranged so as to minimize illumination
onto ADJACENT residential property and so as to prevent glare directed at vehicles on
STREETS/ROADS and ALLEYS.
E. Off-street loading spaces shall be located in such a way that, when the space is being used
to load or unload a vehicle, no part of the vehicle will occupy an ADJACENT STREET/ROAD
or sidewalk.
Division 2 - Signs
Amend Sec. 23-4-60. Purposes and applicability.
A. The purposes of this Division are the following: to encourage the effective use of signsSIG NS
as a means of communication in unincorporated Weld County; to maintain and enhance the
visual corridors and the County's ability to attract sources of economic development and
growth; to improve pedestrian and traffic safety; to minimize the possible adverse effect of
si nsSIGNS on nearby public and private property; and to enable the fair and consistent
enforcement of these signSIGN restrictions. More specifically, the regulations set forth in this
Division are intended to:
1. Establish a system to allow a variety of types of signsSIGNS N in commercial and industrial
zones and a limited variety of signsSI NS in other zones, subject to the standards and
the permit procedures of this Division.
2. Allow certain 3 ignsSIGNS that are small, unobtrusive, and incidental to the principal use
of the respective lots on which they are located, subject to the substantive requirements
of this Division, but without a requirement for zoning approval.
3. Prohibit all signsSIGNS not expressly permitted by this Division.
4. Provide for the enforcement of the provisions of this Division.
B. No s SI N shall be erected, placed, established, painted, created or maintained in
unincorporated Weld County unless it is in conformance with the standards, procedures,
exemptions and other requirements of this Division.
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Amend Sec. 23-4-70. General provisions.
SignsSIONS shall be permitted in the various zoning districts according to the regulations
contained in this Division and in accordance with the requirements set forth in Appendices 23-C,
23-D and 23-E.
i
i
A. No -s-i4gctSION shall be structurally erected, enlarged, constructed, reconstructed, relocated,
refaced or otherwise altered without first obtaining all required building permits from the
Department of Building Inspection and, if required, zoning approval from the Department of
Planning Services and the Colorado Department of Transportation.
B. No S_ shall be erected at or near the intersection of any roadSTREET/ROAD or
driveway in such a manner as to obstruct free and clear vision of motorists, or at any location
where, by reason of the position, shape or color, it may interfere with, obstruct the view of or
be confused with, any authorized traffic sg-nSION, signal or device. -ig-n-sSINS located at
an intersection must be outside of the sight distance triangle. SignsSlGNS which could
potentially affect vehicle traffic shall be reviewed by the Department of Public Works and the
Colorado Department of Transportation, if applicable.
C. No sg-nSION other than traffic control signsSICNS, except as expressly allowed by Colorado
Revised Statutes and/or permitted by the Colorado Department of Transportation, shall be
erected, constructed or maintained within, over or upon the right-of-way of any county, state
or federal road or highway within the COUNTY.
D. All if-iP°-SIONS, except billboardsBILLBOARDS and off -site directional signsOFF-SITE
DIRECTIONAL SIGNS, shall contain information related to the usesUSES being conducted
on the zone loIZONE LOT.
E. All signsSIGNS erected in a PUBLIC right-of-wayRIOHT-OF-WAY by a governmental agency
controlling or directing traffic shall be exempt from the provisions of this Division.
F. All signsSI NS and components, including supports, braces and anchors, shall be of sound
structural quality and shall be kept in a state of good repair with a clean and neat appearance.
Any derelict signDERELICT SIGN shall be returned to, and maintained in, the condition as
originally established on the site, or it shall be removed from the site.
Amend Sec. 23-4-75. Definitions.
As used in this Division, the words and phrases set forth below have the following
d-et-i-ntt-ion&For the purposes of this Division 2, certain words and phrases used herein shall be
interpreted as defined in Section 23-1-90.
ANIMATED SIGN : Any sign or components of a sign that use movement or change of
l ig-hti-ng _ to-d-e-pict org-i-ve -th-e- i su at--im-pyre ss t o n move m -nt; rmt-ation-or-anti o n , or that re ate
special effect or scene.
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.
SAC O N : Any -light -with -one (1) or -more bea ms-directed--i n-to--th-e- a-tm -pt'ie-re 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.
BILLBOARD : A sign which is intended to create an income from the sale or leasing of
advertising space.
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i
BUILDING MARKER : Any sign indicating the name of a building, construction date and
incidental -information about-i-ts 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.
CANOPY- l n s4gn-that-is a part of, or attached tonm-in-ccanopy or other fabric,
plastic or structural protective cover over a door, entrance window or outdoor service area.
CHANGEABLE COPY SIGN: A sign or portion thereof with characters, letters or illustrations
-ged or rearranged -without altering —the —face —or —the surface of t -h -e --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
Division. 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 Division.
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
a-ct1\4t
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
roper -or -1 ack-of--rnai-n-t , tee, a n d al -ism or i nfe stati o -n- ith vermin or rodents.
DEVELOPMENT SIGN : A freestanding sign maintained by a development's homeowners'
association and located on property owned by the homeowners' association. The sign may
-contai
-bo! or Location of a Planned Unit Development or Minor Subdivision.
Planned Unit Developments with commercial and/or industrial uses may include the names of the
FLAG : Any fabric, banner or bw itJn co►etaining distinctive- tors p-atterns or -symbol of the
United States, the State, the County, foreign nations having diplomatic relations with the United
States and any other flag adopted or sanctioned by an elected legislative body of competent
jurisdiction. These flags must be flown i-n accordance witi 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.
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.
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,"
tele-ph & a n d of-h-ar s i—t*tar directives. No sign -with --a- -m. m age --1 e-gtb-I e from a positi o n
off the zone lot on which the sign is located shall be considered incidental.
NONCONFORMING SIGN : A sign that does not conform to a provision or requirement of
his DiDivision, butch-i-oh-wal vvit fl--est-ab-lis-h-ed-p-ri or to the -time -of its a p -p& a b-ilit -
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OFF -SITE DIRECTIONAL : Signs situated on premises other than those upon which the
goods, services or functions being advertised are Ioc-ated;- an-d--givi-ng-Quidance as t -o- hsre, 4o
distant and the type of goods, services or functions which may be obtained. Such signs shall
relate only to a service or product primarily available for the highway user (such as restaurants,
lodging, gas, repairs or entertainment) and available within one (1) mile of a highway exit or in a
community through which the highway passes.
P ENNANT : 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.
P OLITICAL SIGN : Any temporary sign for political advertising purposes placed prior to an
election.
P ORTABLE 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
signs; balloons used as signs; umbrellas used for advertising; and signs attached to or painted
on vehicles parked -and -visible -from -the pubfi-c-rig -t-o-f--way, unless said -vehicle is used regularly
and customarily in the normal day to day operations of the business.
P ROJECTING SIGN : Any sign affixed perpendicular to, or at an angle to, a building or wall
i n-s-u-ch-a--mars n er 4 h at its I eadi-ng- e4ge eaten -de -more -4h- n-s-barn-ches-b-eyo n -d -t r•f ce--of
such building or wall. Considered a type of building sign.
REAL ESTATE PROMOTION SIGN: A temporary sign, located on -premises and off -
premises, that identifies dwellings or other structures under construction or to be constructed.
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
sub-da-vision -n-d- sh-a-ll be r a m o ed- i t hi n _ 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 percent (75%) of
the lots or dwellings-i- -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.
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.
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 percent (75%)_fi!om_hc4zontaIshall be considered to
be roof surfaces.
S IGN : Any device, fixture, placard or structure that uses any color, form, graphic, illumination,
symbol -or -writing to advertise, announce the purpose of or identify -the -purpose of a person or
entity, or to communicate information of any kind to the public.
S USPENDED 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.
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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 must be removed upon completion of the
project or when the property is sold or rented.
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.
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.
ZONE LOT : A parcel or parcels of land in single ownership with a single use or multiple uses
located within the same structure.
Amend Sec. 23-4-80. Sign construction standards.
A. All letters, figures, characters or representations maintained in conjunction with, attached to
or superimposed upon any sSIGN shall be safely and securely built or attached to the
.SIGN structure.
B. Any operable or removable parts of a isignSIGN, such as a service opening cover or
changeable mechanically affixed lettering, logo, insignia or message, shall be securely
fastened or be provided with safety chains or hinges.
C. — No change.
D. All permanent signsSIGNS and SIGN structures shall be designed and constructed to
comply with the Building Code set forth in Chapter 29 of this Code. All electrically illuminated
signsSIGNS shall be designed and constructed to conform with the Electrical Code set forth
in Chapter 29 of this Code. All sign-sSIGNS and s+g-nSIGN structures shall also be designed
and constructed to comply with the design requirements set forth in this Code.
Amend Sec. 23-4-90. Design plans for signs requiring zoning approval.
The owner, or applicant as agent for the owner, shall prepare a set of si-gnSIGN plans for all
exterior signsSIGNS in any developmentDEVELOPMENT. Such plans shall be included as part
of any Site Plan Review, Use by Special Review Permit, Planned Unit Development and Major or
Minor Subdivision. The SIGN type, size, height, colors, materials, styles of lettering,
appearance of any logo, type of illumination and location shall be set out in such plans. The plans
shall be such that signsSIGNS constructed or maintained under the plans will comply with the
s pnS_ regulations of the - oun-ty°COU NTY and shall be for the purpose of assuring harmony
and visual quality throughout a project. Final development plans shall not be approved until the
SIGN plans have been approved by the Board of County Commissioners or planning staff.
All signsSIGNS shall be designed and constructed of materials which harmonize with the
architecture of the site on which the SIGN is located. Generally, the use of SIGN materials
the same as, or similar to, the main building materials used on site shall be found to provide the
required level of design harmony.
Amend Sec. 23-4-100. Nonconforming signs.
Each legally established signSIGN in existence on April 10, 2006, the effective date of the
repeal and reenactment of this Division, may continue in existence subject to the following:
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A. A signSIGN shall not be altered structurally or moved unless it is made to comply with the
provisions of these regulations. The changing of the movable parts of an existing siSIGN
that is designed for such changes, or the repainting or reposting of display matter shall not be
deemed a structural alteration.
B. The lawful useUSE of a siS_ existing on April 10, 2000, the effective date of the repeal
and reenactment of this Division, although such si-gnSIGN does not conform to the provisions
hereof, may continue; however, if such nonconforming useNONCONFORMING USE is
discontinued for a period of six (6) months or more, such si SIGN shall not be used until it
has been made to conform with the provisions of this Division.
C. Any sig44SIGN which has been damaged by fire, wind, explosion or act of God, to the extent
that fifty percent (50%) or more of the construction value or replacement cost of the si SIGN
before it was damaged, shall be deemed to have been totally destroyed and the SIGN
shall not be restored except in conformity with this Division. Any s-ignSIGN which has been
damaged to an extent less than fifty percent (50%) of the construction value or replacement
cost of the siSl G N before it was damaged may be restored to the condition in which it
existed previously as a nonconforming usONONCONFORMING USE prior to its damage.
Amend Sec. 23-4-110. Computations of sign area and height.
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A. Computations of area of wall signsWALL SIGNS and single -faced signsSIGNS. The area of
a signS_ face shall be computed by means of the smallest square, circle, rectangle, triangle
or combination thereof, that will encompass the extreme limits of the writing, representation,
emblem or other display, together with any material or color forming an integral part of the
background of the display or used to differentiate the sinSIGN from the backdrop or structure
against which it is placed, but not including any supporting framework, bracing or decorative
fence or wall when such fence or wall otherwise meets Weld County Code regulations and is
clearly incidental to the display itself.
B. Computation of area of multi -faced signsS IG NS. The signSIGN area for a signSIGN with more
than one (1) face shall be computed by adding together the area of all signS_ faces visible
from any one (1) point. When two (2) identical &I -g SIGN faces are placed back to back, so
that both faces cannot be viewed from any point at the same time, and when such s+SIGN
faces are part of the same si-g-nSIGN structure and are not more than twenty-four (24) inches
apart, the si SIGN area shall be computed by the measurement of one (1) of the faces.
C. Computation of height. BSI G N height shall be computed as the vertical distance from mean
natural grade at foundation to the highest point of the si-gnSIGN structure. Natural grade shall
be construed to be the lower of (1) existing grade prior to construction, or (2) the newly
established grade after construction, exclusive of any filling, berming, mounding or excavating
solely for the purpose of locating the signSIGN.
Amend Sec. 23-4-120. Requirements for setback, offset and clearance.
A. The offsetsOFFSETS for all temporary and freestanding signsFREESTANDING SIGNS from
adjacentADJACENT properties shall be ten (10) feet.
B. The f OFFSET for fl- FLAGS shall be ten (10) feet, or the height of the pole, whichever
is greater.
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C. The setbackSETBACK for billboardsBILLBOARDS and off -site directional signsOFF-SITE
DIRECTIONAL SIGNS in the Commercial and Industrial Zone Districts shall be twenty-five
(25) feet from the current or future road right of waySTREET/ROAD RIGHT-OF-WAY,
whichever is greater. The setbackSETBACK for all other freestanding signsFREESTANDING
SIGNS in the Commercial and Industrial Zone Districts shall be fifteen (15) feet from the
current or future road right-of-waySTREET/ROAD RIGHT-OF-WAY, whichever is greater.
D. The setbackSETBACK for off -site directional signsOFF-SITE DIRECTIONAL SIGNS in the
Agricultural Zone District shall be twenty-five (25) feet from the current or future road right of
waySTREETIROAD RIGHT-OF-WAY, whichever is greater. The setbackSETBACK for all
other freesia-n-ding—s1gnsFREESTANDING SIGNS in the Agricultural Zone District shall be
three (3) feet, or one (1) foot for every three (3) feet of sig-nSIGN height, whichever is greater.
E. The setbackSETBACK for all freestanding signsFREESTANDING SIGNS in Estate and
Residential Zone Districts shall be twenty (20) feet.
F. and G. — No change.
Division 3 - Mobile Homes and Manufactured homes, manufactured structures=
occuaied recreational vehicles.
Amend Sec. 23-4-130. Permit requirements.
No MOBILE HOME/MANUFACTURED STRUCTURE may be located or relocated in the
County after August 25, 1981, except in accordance with this Division, including the issuance of
any zoning permit which may be required by this Section. Each MOBILE
HOME/MANUFACTURED STRUCTURE located or relocated in the County after said date must
have a BUILDING permit for a MOBILE HOME/MANUFACTURED STRUCTURE issued pursuant
to---Oh-a-pte-r 29 of —this Code. Where a MANUFACTURED HOME, MANUFACTURED
STRUCTURE, or occupied RECREATIONAL VEHICLE is permitted in Article III of this Chapter
upon issuance of a zoning permit, the permit may be issued by the Department of Planning
Services upon a determination that the application complies with this Division 3 and any
applicable provisions of this Code. An application for any zoning permit for a MANUFACTURED
HOME, MANUFACTURED STRUCTURE, or occupied RECREATIONAL VEHICLE MOBILE
HOME/MANUFACTURED STRUCTURE required by this Division shall include the following:
A. thru E. — No change.
F. A sketch plan of the site at the scale of one (1) inch represents fifty (50) feet or other suitable
scale to show:
1. The proposed location of the MOBILE HOME/MANUFACTURED
STRUCTUREMANUFACTURED HOME, MANUFACTURED STRUCTURE, or occupied
RECREATIONAL VEHICLE, including distances from the property LOT lines and other
STRUCTURES on the property.
2. Access to the MOBILE HOME/ MANUFACTURED STRUCTURE MANUFACTURED
HOME, MANUFACTURED STRUCTURE, or occupied RECREATIONAL VEHICLE
indicating whether the access is existing or proposed.
3.- No change.
4. Amount of road frontages.An access is or can be made available that provides for safe
ingress and egress to a PUBLIC STREET/ROAD. All accesses shall be in accordance
with the access requirements set forth in this Code.
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5. Identification of any countyCOUNTY, state or federal roadsSTREETS/ROADS or
highways.
6. - No change.
G. Methods of disposal of sewage or other wastes in compliance with the requirements of the
Colorado Department of Public Health and Environment and the County Department of Public
Health and Environment, except for applications for TEMPORARY storage of a MO LE
HOME/MANUFACTURED STRUCTURE MANUFACTURED HOME under Section 23-4-160
below.
H. Methods of supplying water in such a manner as to be adequate in quality, quantity and
dependability for the proposed usoUSE, except for applications for TEMPORARY storage of
a MOBILE HOME/MANUFACTURED STRUCTUREMANUFACTURED HOME under Section
23-4-160 below.
I. An application fee. Each request for a renewal or extension of a TEMPORARY permit shall
also be accompanied by the appropriate application fee. An additional fifty (50) percent of the
application fee shall be added to the cost of the application fee if the USE is started prior to
issuance of a permit. The payment of the investigation fee shall not relieve any persons from
fully complying with the requirements of this Chapter, nor from any other penalties.
J. The requirements of this Division 3, MOBILE HOMES/MANUFACTURED STRUCTURE ,
require the applicant to provide a certified list of the names, addresses and the corresponding
Parcel Identification Number assigned by the County Assessor of the owners of property (the
surface estate) within five hundred (500) feet of the property lines of the parcel to where the
mobile homeMANUFACTURED HOME shall be placed. The source of such list shall be the
records of the County Assessor, or an ownership update from a title or abstract company or
attorney, derived from such records or from the records of the County Clerk and Recorder. If
the list was assembled from the records of the County Assessor, the applicant shall certify
that such list was assembled within thirty (30) days of the application submission date.
K. REPEALED. Notification responses of at least thirty percent (30%) of surrounding property
owners within five hundred (500) feet of the subject property in opposition to the location of
the MOBILE HOME/MANUFACTURED STRUCTURE.
L. Completed Building Permit application for a MOBILE HOME.
M. Each request for a TEMPORARY permit shall include a statement by the applicant
acknowledging that the TEMPORARY permit shall cease to exist at any such time as the
MOBILE HOME/MANUFACTURED STRUCTUREMANUFACTURED HOME,
MANUFACTURED STRUCTURE, or occupied RECREATIONAL VEHICLE is used for other
than the permitted USE, or expire at the end of the initial or extended term of the permit for
TEMPORARY storage of the MOBTLEMANUFACTURED HOME. Such application shall
include detailed plans for removal of the MOBILE HOME/MANUFACTURED
STRUCTUREMANUFACTURED HOME or MANUFACTURED STRUCTURE upon expiration
of the TEMPORARY permit.
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Amend Sec. 23-4-140. REPEALED.
MOBILE HOMES/MANUFACTURED STRUCTURES are allowed in the A (Agricultural) zone
District for the USES listed below in Sections 23 'I 150, 23-4-160, 23-4-170, 23-4-180, 23-4-190,
23 4 200 and 23-4 220, upon the issuance of the appropriate zoning or BUILDING permits
according to the following requirements: All temporarily permitted MOBILE
HOMES/MANUFACTURED STRUCTURES shall be blocked and tied pursuant to the
requirements of Chapter 29 of this Code. Upon determination of the Department of Planning
Serv-i-cesthe Zoning— Permit—sh a la --not _ be--transferable—by the a p p1i c-acit-a-n-cif r —o ner to ---any
successor; the Zoning Permit shall terminate automatically upon conveyance or lease of the
property. The MOBILE HOME/MANUFACTURED STRUCTURE shall be removed from the
property or a new Zoning Permit shall be applied for and approved.
Amend Sec. 23-4-150. Temporary use during construction of residence.
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A zoning permit for the USE of a MOBILEMANUFACTURED HOME or RECREATIONAL
VEHICLE occupied as a TEMPORARY DWELLING UNIT during the construction of a permanent
DWELLING UNIT on the same LOT in the A (Agricultural) Zone District may be issued by the
Department of Planning Services subject to the following provisions:
A. The applicant mustshall have a valid building permit for the construction of a permanent
DWELLING UNIT on the same LOT.
B. Construction of the permanent DWELLING UNIT shall commence within ninety (90) days of
issuance of the TEMPORARYzoning permit for the MOBILEMANUFACTURED HOME or
RECREATIONAL VEHICLE and shall be diligently pursued.
C. The applicant mustshall demonstrate that adequate water and sewage disposal facilities are
available.
D. The TEMPORARY permit for occupancy of the MOBILEMANUFACTURED HOME or
RECREATIONAL VEHICLE shall be issued for a period of six (6) months. The permit may be
renewed by the Department of Planning Services for two (2) additional six-month periods upon
a determination by staff that construction of the permanent DWELLING UNIT is being pursued
with diligence.
E. The Department of Planning Services shall make its determination on the issuance of a zoning
permit for MOB--ILEa MANUFACTURED HOME or occupied RECREATIONAL VEHICLE as a
TEMPORARY USE during construction of a DWELLING UNIT on the basis of a signed
statement by the applicant that the conditions of Subsections A through D above are met,
upon information contained in the permit application, and upon such independent evidence
as may be available or which the staff may reasonably require.
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F. Extensions of six-month increments beyond the above eighteen -month period may be granted
only by the Board of County Commissioners. The Board of County Commissioners shall hear
the application for an extension at a regularly scheduled meeting of the Board. The Board of
County Commissioners shall give notice of the application for a zoning permit and the meeting
date to those persons listed in the application as owners of property located within five
hundred (500) feet of the parcel under consideration. Such notification shall be mailed, first-
class, not less than ten (10) days before the scheduled meeting. Such notice is not required
by state statute and is provided as a courtesy to surrounding property owners (the surface
estate). Inadvertent errors by the applicant in supplying such list or the Department of Planning
Services in sending such notice shall not create a jurisdictional defect in the permit process,
even if such error results in the failure of a surrounding property owner to receive such
notification. The Department of Planning Services shall post a sign for the applicant on the
property in question indicating that a MOBILEMANUFACTURED HOME or occupied
RECREATIONAL VEHICLE has been requested for the property, the meeting date and a
telephone number where further information may be obtained. The sign shall be posted at
least ten 010) days prior to the meeting date and evidenced with a photograph. In its review
of an application, the Board of County Commissioners shall consider the good faith efforts of
the applicant to pursue construction diligently and any unforeseeable or unavoidable
circumstances which may have delayed completion of construction, requiring the extension.
In addition, the Board of County Commissioners shall consider compatibility of the
MOBILEMANUFACTURED HOME or occupied RECREATIONAL VEHICLE with the
surrounding area, harmony with the character of the NEIGHBORHOOD, its effects upon the
immediate area and the general health, safety and welfare of the inhabitants of the area and
the COUNTY.
G. MOBILEMANUFACTURED HOMES permitted as a TEMPORARY USE during construction
of a permanent DWELLING shall be removed within thirty (30) days after the permanent
DWELLING has been occupied.
H. A MANUFACTURED HOME permitted as a TEMPORARY USE during construction of a
permanent DWELLING shall not have a permanent foundation.
Amend Sec. 23-4-160. Temporary storage of mobileunoccupied manufactured homes.
A zoning permit for the tem ora-ryTEMPORARY storage of aone (1) unoccupied
MANUFACTURED MOBILE HOME, not including the storage of goods inside the UNIT, on a LOT
in the A (Agricultural) Zone District; may be issued by the Department of Planning Services subject
to the following provisions:
A. The applicant mustshall obtain a building permit-fec a MOBILE HOME and shallmust comply
with all applicable installation standards of Chapter 29 of this Code applicable to MOBILE
HOMES; provided, however, that no utility hookups to the MOBILFMANUFACTURED HOME
of any type, including septic systems, shall be allowed.
B. The' IOBILEMANUFACTURED HOME may not be used on any basis as a DWELLING or as
overnight or TEMPORARY housing for any person.
C. The applicant mustshall demonstrate that no reasonable alternative exists to the
:emporaryTEMPORARY storage of the MOBILEMANUFACTURED HOME on the land
involved.
D. Only one (1) zoning permit for temporaniTEMPORARY storage of a
MOBILEMANUFACTURED HOME may be issued per LEGAL LOT at any one (1) time.
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E. The Department of Planning Services shall make its determination on the issuance of a zoning
permit for the temp -o, aryTEMPORARY storage of a MOBI-LEMANUFACTURED HOME on the
basis of a signed statement by the applicant that the conditions of Subsections A through D
above are met, upon information contained in the permit application, and upon such
independent evidence as may be available or which the staff may reasonably require.
F. A zoning permit for tcmporaryTEMPORARY storage of a MOBILEMANUFACTURED HOME
shall be for a period of six (6) months, and is renewable for additional six-month periods only
by grant of the Board of County Commissioners.
O. The Board of County Commissioners shall hear the application for renewal of a zoning permit
for temporaryTEMPORARY storage of a MOBILEMANUFACTURED HOME at a regularly
scheduled meeting of the Board. The Board of County Commissioners shall give notice of the
application for azoning permit and the meeting date to those persons listed in the application
as owners of property located within five hundred (500) feet of the parcel under consideration.
Such notification shall be mailed, first-class, not less than ten 010) days before the scheduled
meeting. Such notice is not required by state statute and is provided as a courtesy to
surrounding property owners (the surface estate). Inadvertent errors by the applicant in
supplying such list or the Department of Planning Services in sending such notice shall not
create a jurisdictional defect in the permit process, even if such error results in the failure of a
surrounding property owner to receive such notification. The Department of Planning Services
shall post a sign for the applicant on the property in question indicating that a
MOBI LE MAN U FACTU RED HOME has been requested for the property, the meeting date and
a telephone number where further information may be obtained. The sign shall be posted at
least ten (10) days prior to the meeting date and evidenced with a photograph. The Board of
County Commissioners shall consider any testimony of surrounding property owners
concerning the effects of the MOBILEMANUFACTURED HOME on surrounding property. The
Board of County Commissioners shall also consider whether the application has
demonstrated compliance with the requirements of Subsections A through D above, as well
as compatibility of the MOBILEMANUFACTURED HOME with the surrounding area, harmony
with the character of the NEIGHBORHOOD, its effects upon the immediate area and the
general health, safety and welfare of the inhabitants of the area and the COUNTY.
H. A MANUFACTURED HOME permitted to be stored TEMPORARILY shall not have a
permanent foundation.
Amend Sec. 23-4-165. REPEALED.(Repeated-by IPJeId-Count„ rrdina.
Amend Sec. 23-4-170. TemporaryAnnual accessory farming use.
A. A zoning permit for the TEMP RA Yannual USE of one (1) MOBI LFMANUFACTU RED
HOME for an ACCESSORY farniFARMING USE, on a LOT in the A (Agricultural) Zone
District, in addition to a principle dwelling uunitDWELLING UNIT, may be issued by the
Department of Planning Services upon determination that:
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1. The MOBILEMANUFACTURED HOME will be occupied by persons principally
employedPRINCIPALLY EMPLOYED at or principally engaged PRINCIPALLY
ENGAGED in the operation of the USE where the MOBILEMANUFACTURED HOME is
located. ACCESSORY farmFARMI NG USE of the MOBILEMANUFACTURED HOME
shall be established and revalidated on an annual basis as follows: Evidence shall be
submitted by the applicant or property owner on the anniversary of the permit's issuance
for review and acceptance by the Department of Planning Services verifying that the
MOBILEMANUFACTURED HOME occupant is principally employedPRINCIPALLY
EMPLOYED at or engaged in the farmingFARMING operation on the subject property or
is a caretaker or security personnel for the subject property. The evidence shall consist of
tax records (W-2 forms), employment agreements or other documentation as determined
suitable by the Department of Planning Services. Failure to submit the required
documentation may result in cessation of the allowance of the MOBILEMANUFACTURED
HOME for TEMPORARYannual ACCESSORY farmFARMING USE.
2. The MOBILEMANUFACTURED HOME is necessary for the effective and economic
operation of the USE and/or protection of the agricultural USE.
3. The MOBILEMANUFACTURED HOME will not be used as an income source by the
applicant for rental to persons who are not principally employedPRINCIPALLY
EMPLOYED upon the LOT.
4. Adequate water and sewage disposal facilities are available to the
MOBILEMANUFACTURED HOME.
5. REPEALED. The MOBILE HOME is not the first DWELLING UNIT on the parcel of land.
Where the MOBILE HOME will be the first DWELLING UNIT on a parcel of land, the
MOBILE HOME request shall follow the application procedures under the provisions of
Section 23-4-200 below.
6. The applicant mustshall obtain a BUILDING permit for the MOBILEMANUFACTURED
HOME and comply with all installation standards of Chapter 29 of this Code.
B. — No change.
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C. A zoning permit for more than one (1) MOBILEMANUFACTURED HOME in the A
(Agricultural) Zone District as an ACCESSORY farm USE may be issued by the Department
of Planning Services upon a determination that the criteria of Paragraphs A.1 through A.6
above and Section 23-4-230 below are met. If the applicant is not able to meet the criteria
stated in Section 23-4-230 below, the zoning permit may be issued only upon approval by the
Board of County Commissioners. The Board of County Commissioners shall review the
application for compliance with the criteria set out in Paragraphs A.1 through A.6 above at a
regularly scheduled meeting of the Board. The Board of County Commissioners shall give
notice of the application for a zoning permit and the meeting date to those persons listed in
the application as owners of property located within five hundred (500) feet of the parcel under
consideration. Such notification shall be mailed, first-class, not less than ten (10) days before
the scheduled meeting.Such notice is not required by state statute and is provided as a
courtesy to surrounding property owners (the surface estate). Inadvertent errors by the
applicant in supplying such list or the Department of Planning Services in sending such notice
shall not create a jurisdictional defect in the permit process, even if such error results in the
failure of a surrounding property owner to receive such notification. The Department of
Planning Services shall post a sign for the applicant on the property in question indicating that
a MOBILEMANUFACTURED HOME has been requested for the property, the meeting date
and telephone number where further information may be obtained. The sign shall be posted
at least ten (10) days prior to the meeting date and evidenced with a photograph. The Board
of County Commissioners shall consider any testimony of surrounding property owners
concerning the effects of the MOFI LEMANUFACTURED HOME on the surrounding
properties. In addition, the Board shall consider compatibility of the
MOBILEMANUFACTURED HOME with the surrounding area, harmony with the character of
the NEIGHBORHOOD, its effects upon the immediate area, and the general health, safety
and welfare of the inhabitants of the area and the COUNTY.
D. All MOBILEMANUFACTURED HOMES as ACCESSORY farmFARMING USES are
r EMPORARYtemporarv. Allowance of the MOBILEMANUFACTURED HOME shall be
extended only if the USE continues to be in conformance with the criteria set out in Paragraph
A.1 above. The MOBILEMANUFACTURED HOME shall be removed from the property upon
the cessation of the USE of the MOBILEMANUFACTURED HOME as an ACCESSORY
JarmFARMING USE or at any such time as the MOBILEMANUFACTURED HOME is used for
other than the allowed USE.
E. A MANUFACTURED HOME permitted for ACCESSORY FARMING USE shall not have a
permanent foundation.
Amend Sec. 23-4-180. TemporaryA,nnual accessory use during medical hardship.
A. A zoning permit for the TEMPORARY uscannual USE of a MOBILEMANUFACTURED HOME
during a medical hardship on a lotLOT in the A (Agricultural) Zone District, in addition to the
principal dwelling itDWELLING UNIT, may be issued by the Department of Planning
Services upon a determination that:
1. A medical hardship exists in which the person to be living in the
MOBILEMANUFACTURED HOME requires the supervision and care of those persons
residing in the principal DWELLING UNIT on the property (or the reverse). Documentation
of the medical hardship shall be established in a letter from the subject's medical doctor
or other evidence deemed suitable by the Department of Planning Services. The letter
shall be submitted as a part of the zoning permit application and shall verify that the subject
is physically impaired and requires full-time care.
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2. — No change.
3. Adequate water and sewage disposal facilities are available to the
MOBILEMANUFACTURED HOME.
B. A MOBILEMANUFACTURED HOME zoning permit for TEMPORARY ACCESSORY USE
during a medical hardship in the A (Agricultural) Zone District may be issued by the
Department of Planning Services upon a determination that the criteria of Paragraphs A.1
through A.3 above and Section 23-4-230 below are met. If the applicant is not able to meet
the criteria stated in Section 23-4-230 below, the Board of County Commissioners shall review
the application for compliance with the criteria set out in Paragraphs A.1 through A.3 above
at a regularly scheduled meeting of the Board. The Board of County Commissioners shall give
notice of the application for a zoning permit and the meeting date to those persons listed in
the application as owners of property located within five hundred (500) feet of the parcel under
consideration. Such notification shall be mailed, first-class, not less than ten (10) days before
the scheduled meeting. Such notice is not required by state statute and is provided as a
courtesy to surrounding property owners (the surface estate). Inadvertent errors by the
applicant in supplying such list or the Department of Planning Services in sending such notice
shall not create a jurisdictional defect in the permit process, even if such error results in the
failure of a surrounding property owner to receive such notification. The Department of
Planning Services shall post a sign for the applicant on the property in question indicating that
a MOBILEMANUFACTURED HOME has been requested for the property, the meeting date
and telephone number where further information may be obtained. The sign shall be posted
at least ten (10) days prior to the meeting date and evidenced with a photograph. The Board
of County Commissioners shall consider any testimony of surrounding property owners
concerning the effects of the MOBILEMANUFACTURED HOME on the surrounding
properties. In addition, the Board shall consider compatibility of the
MOBILEMANUFACTURED HOME with the surrounding area, harmony with the character of
the NEIGHBORHOOD, its effects upon the immediate area, and the general health, safety
and welfare of the inhabitants of the area and the COUNTY.
C. All zoning permits for MOBILEMANUFACTURED HOMES during a medical hardship are
TEMPORARYtemporary. Such permits shall be subject to review annually on the anniversary
of the original permit's issuance. Such permits shall be extended only if the USE continues to
be in conformance with the criteria set out in Subsection A above. Any permit for a medical
hardship USE shall automatically expire, and the MOBILEMANUFACTURED HOME shall be
removed upon cessation of the medical hardship or at any such time as the
MOBILEMANUFACTURED HOME is used for other than the permitted USE.
Amend Sec. 23-4-190. Temporary accessory use as office.
A. A zoning permit for the USE of one (1) MANUFACTURED STRUCTURE in the A (Agricultural)
Zone District as an OFFICE USE_/CONSTRUCTION TRAILER accessoryACCESSORY to
the USE allowed by right may be permitted upon a determination by the Department of
Planning Services that
1.thru 3. — No change.
4. No reasonable alternative is available to the applicant for an OFFICE
USE/CONSTRUCTION TRAILER.
5. The applicant mustshall obtain a BUILDING permit for the MANUFACTURED
STRUCTURE and comply with all installation standards of Chapter 29 of this Code.
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A zoning permit shall not be required for a MANUFACTURED STRUCTURE in the A►
(Agricultural) Zone District if such information is already reflected in an approved Site -Plan
Review or Special Use Permit, as determined by the Planner.
B. — No change.
C. A zoning permit for a MANUFACTURED STRUCTURE used as an accessory
OFFICE/CONSTRUCTION TRAILER unit in the A (Agricultural) Zone District may be issued
by the Department of Planning Services upon a determination that the criteria of Paragraphs
A.1 through A.5 above and Section 23-4-230 below are met. If the applicant is not able to
meet the criteria stated in Paragraphs A.1 through A.5 above, the zoning permit may be issued
only upon the approval by the Board of County Commissioners. The Board shall review the
application for compliance with the criteria set out in Paragraphs A.1 through A.5 above at a
regularly scheduled meeting of the Board. The Board of County Commissioners shall give
notice of the application for a zoning permit and the meeting date to those persons listed in
the application as owners of property located within five hundred (500) feet of the parcel under
consideration. Such notification shall be mailed, first-class, not less than ten (10) days before
the scheduled meeting. Such notice is not required by state statute and is provided as a
courtesy to surrounding property owners (the surface estate). Inadvertent errors by the
applicant in supplying such list or the Department of Planning Services in sending such notice
shall not create a jurisdictional defect in the permit process, even if such error results in the
failure of a surrounding property owner to receive such notification. The Department of
Planning Services shall post a sign for the applicant on the property in question indicating that
a MANUFACTURED STRUCTURE has been requested for the property, the meeting date
and telephone number where further information may be obtained. The sign shall be posted
at least ten (10) days prior to the meeting date and evidenced with a photograph. The Board
of County Commissioners shall consider any testimony of surrounding property owners
concerning the effects of the MANUFACTURED STRUCTURE on the surrounding properties.
In addition, the Board shall consider compatibility of the MANUFACTURED STRUCTURE with
the surrounding area, harmony with the character of the NEIGHBORHOOD, its effects upon
the immediate area, and the general health, safety and welfare of the inhabitants of the area
and the COUNTY.
D. All MANUFACTURED
USE
are TEMPORARY
III, Division 3, and Article III, Division 4 of this Chapter. The MANUFACTURED STRUCTURE
shall be removed from the property upon the cessation of the USE of the MANUFACTURED
STRUCTURE as an ACCESSORY OFFICE USE/CONSTRUCTION TRAILER to the
business, commercialCGMMERCIAL or industrial activity. The six-month limitation for this
TEMPORARY useUSE 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
Com missioners.
STRUCTURES used as ACCESSORY OFFICE
to the principal USE in the A (Agricultural) Zone District
E. A MANUFACTURED STRUCTURE permitted as a TEMPORARY OFFICE shall not have a
permanent foundation.
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Amend Sec. 23-4-200. REPEALED. Principal dwelling unit.
A zoning permit for the use of a MOBILE HOME as a principal DWELLING UNIT in the A
(Agricultural) Zone District may be issued by the Department of Planning Services if the
application meets the criteria stated in Paragraphs Al
of this Division.
A. The Board of County Commissioners shall hear the application at a regularly scheduled
meeting of the Board, if the application does not meet the criteria stated in Paragraphs 1
shall give notice of the application for a zoning permit and the meeting date to those persons
listed in the application as owners of property located within five hundred (500) feet of the
par l --u c ns id r ban . u sh of if i ratio n hall -be mailed, first-class, not less than -tan -WO
days before the scheduled meeting. Such notice is not required by state statute and is
provided as a courtesy to surrounding property owners (the surface estate). Inadvertent errors
by the applicant in supplying such list or the Department
notice shall not create a jurisdictional defect in the permit process, even if such error results
in the failure of a surrounding property owner to receive such notification. The Department of
Planning Services shall post a sign for the applicant on the property in question indicating that
a MOBILE -H-Q A -E -h a~ een-re q u es ted fah -e --property the-meet-i n g date -a -n -d _ tel-e fh-e-n-e
number where further information may be obtained. The sign shall be posted at least ten (10)
days prior to the meeting date and evidenced with a photograph. The Board of County
Commissioners shall consider any testimony of surrounding property owners concerning the
effects of the MOBILE HOME on surrounding property. The Board of County Commissioners
shall also consider the following factors in reviewing applications for a permit for a MOBILE
HOME as a principal DWELLING UNIT:
1. Compatibility with surrounding area, harmony with the character of the NEIGHBORHOOD
and its effects upon the immediate area.
2. Compatibility with Chapter 22 of this Code.
3. Availability of adequate water and sewage disposal facilities.
4. The general health, safety and welfare of the inhabitants of the area and the COUNTY.
B. Only one (1) zoning permit for a MOBILE HOME as a DWELLING UNIT shall be issued for
each-LEGAL-LOTais-tri ct i n the Cou nty. No m r� ore t h a n two (2)
MOBILE or MANUFACTURED HOMES may be connected or physically attached as a
DWELLING UNIT. All requirements of Chapter 29 of this Code shall be met.
Amend Sec. 23-4-210. REPEALED.Repealed.
Amend Sec. 23-4-220. MobileManufactured homes in C or I Zone District.
A. A zoning permit for the USE of one (1) MOBILEMANUFACTURED HOME/MANUFACTURED
STRUCTURE, when USED as living quarters for caretakers or security personnel responsible
for maintaining or guarding the property, may be permitted as an ACCESSORY USE to the
principal USE in certain C (Commercial) or I (Industrial) Zone Districts as described in Article
III of this Chapter upon a determination by the Department of Planning Services that:
I. The MOBILEMANUFACTURED HOME/MANUFACTURED STRUCTURE is necessary
for the effective and economic operation of the business, COMMERCIAL or industrial
activity.
i
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2. The MOBILEMANUFACTURED HOME/MANUFACTURED STRUCTURE will not be used
for residential purposes other than for the purpose of the protection or control of the
principal USE.
3. Adequate water and sewage disposal facilities are available to the
MOBILEMANUFACTURED HOME/MANUFACTURED STRUCTURE.
4. The applicant mustshall obtain a BUILDING permit for the 100BILEMANUFACTURED
HOME and comply with the installation standards of Chapter 29 of this Code.
A zoning permitshall not be required for a MOBILEMANUFACTURED
HOME/MANUFACTURED STRUCTURE in the Commercial or Industrial Zone Districts if such
information is already reflected in an approved Site Plan Review or Special Use Permit, as
determined by the Planner..
i
i
i
B. The Department of Planning Services shall make its determination on the basis of a signed
statement by the applicant that the requirements of this Section
above are met, upon information contained in the application, and upon independent evidence
as may be available or which the staffDepartment of Planning Services may reasonably
require.
C. A zoning permit for more than one (1) MOBILEMANUFACTURED HOME/MANUFACTURED
STRUCTURE per LEGAL LOT in the C or I (Commercial or Industrial) Zone District as an
ACCESSORY USE to the principal USE may be issued by the Department of Planning
Services upon a determination that the criteria of Paragraphs A.1 through A.4 above and
Section 23-4-230 of this Division are met. If the applicant is not able to meet the criteria stated
in Section 23-4-230, the zoning permit may be issued only upon the approval by the Board of
County Commissioners. The Board shall review the application for compliance with the criteria
set out in Paragraphs A.1 through A.4 above at a regularly scheduled meeting of the Board.
The Board of County Commissioners shall give notice of the application for a zoning permit
and the meeting date to those persons listed in the application as owners of property located
within five hundred (500) feet of the parcel under consideration. Such notification shall be
mailed, first-class, not less than ten (10) days before the scheduled meeting. Such notice is
not required by state statute and is provided as a courtesy to surrounding property owners
(the surface estate). Inadvertent errors by the applicant in supplying such list or the
Department of Planning Services in sending such notice shall not create a jurisdictional defect
in the permit process, even if such error results in the failure of a surrounding property owner
to receive such notification. The Department of Planning Services shall post a sign for the
applicant on the property in question indicating that a MOBILEMANUFACTURED
HOME/MA►NUFACTURED STRUCTURE has been requested for the property, the meeting
date and telephone number where further information may be obtained. The sign shall be
posted at least ten (10) days prior to the meeting date and evidenced with a photograph. The
Board shall consider any testimony of surrounding property owners concerning the possible
effects of the MOBILEMANUFACTURED HOME/MANUFACTURED STRUCTURE on
surrounding properties. In addition, the Board shall consider compatibility of the
MOBILEMANUFACTURED HOME/MA►NUFA►CTURED STRUCTURE with the surrounding
area, harmony with the character of the NEIGHBORHOOD, its effects upon the immediate
area, and the general health, safety and welfare of the inhabitants of the area and the
COUNTY.
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D. All MOBILEMANUFACTURED HOMES MANUFACTURED STRUCTURES as ACCESSORY
USES to the principal USE in C or I Zone Districts are -TEMPORARY and subject to the
standardsrcquircmcnts for MOBILE HOMES/MANUFACTURED STRUCTURES as stated in
Article III, Division 3 andor Article III, Division 4 of this Chapter. The
MOBI LMAN U FACTU RED HOME shall be removed from the property upon the cessation of
the USE of the MOBILEMANUFACTURED HOME/MANUFACTURED STRUCTURE as an
ACCESSORY USE to the business, commercialCOMMERCIAL or industrial activity. The six
month limitation for this TEMPORARY use may be extended in six-month increments at the
discretion of the Director of -Planning Services + , two- -- i a nd thereafter by the Board
of County Commissioners.
Amend Sec. 23-4-230. Delegation of authority.
The Board of County Commissioners delegates the authority to issue a Zoning Permit for a
MOBILE HOMEMANUFACTURED HOME, MANUFACTURED STRUCTURE, or occupied
RECREATIONAL VEHICLE which otherwise requires the approval of the Board of County
Commissioners through a public hearing process to the Department of Planning Services upon a
determination by the Department that:
A. — No change.
B. The Department of Planning Services has sent notice and not received signed notification of
at least thirty percent (30%) of surrounding property owners within five hundred (500) feet of
the subject property in opposition to the location of the MOBILE HOMEMANUFACTURED
HOME, MANUFACTURED STRUCTURE, or occupied RECREATIONAL VEHICLE within
twenty-eight (28) days. -T-he petition shall-n-cicatearrounding property -owners -who
have signed the notification have objections to the issuance of a zoning permit for the MOBILE
HOME. Any notice not received within twenty-eight (28) days shall be deemed a positive
response of said request.
C. If the Department of Planning Services denies the permit, the applicant may appeal in writing
to the Director of Planning Services, within ten j10) days of receipt of the denial notice. A
hearing shall be scheduled with the Board of County Commissioners to provide the landowner
an opportunity to appeal the denial, for good cause shown. If the landowner does not submit
a written appeal, the denial becomes final.
D. If the Department of Planning Services does receive signed notification that thirty percent
(30%) or more of surrounding property owners within five hundred (500) feet of the subject
property are in opposition to the permit, the Board of County Commissioners shall review the
application for compliance with the criteria set out in this Section at a regularly scheduled
meeting of the Board:
1. The Department of Planning Services will notify the applicant, ,ranting ten (10) business
days to determine if he or she wants to proceed with the application.
2. If the applicant notifies the Department of Planning Services of his or her desire to proceed
with the application, the Department will request a hearing date and time from the Clerk
to the Board and prepare a staff report.
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3. The Board of county commissioners shall give notice of the application fora zoning permit
and the meeting date to those persons listed in the application as owners of property
located within five hundred (500) feet of the parcel under consideration. Such notification
shall be mailed, first-class, not less than ten (10) days before the scheduled meeting. Such
notice is not required by state statute and is provided as a courtesy to surrounding property
owners (the surface estate). Inadvertent errors by the applicant in supplying such list or
the Department of Planning Services in sending such notice shall not create a 'urisd ictional
defect in the permit process even if such error results in the failure of a surrounding
property owner to receive such notification.
4. The Department of Planning Services shall post a sign for the applicant on the property in
question indicating the request, the meeting date and a telephone number where further
information may be obtained. The sign shall be posted at least ten (10) days prior to the
meeting date and evidenced with a photograph.
5. The Department of Planning Services shall arrange for legal notice of said hearing to be
published in the newspaper designated by the Board of county commissioners for
publication of notices at least ten (10) days prior to the hearing.
6. The Board of county commissioners shall consider any testimony of surrounding property
owners concern ins the effects of the SEMI -TRAILER as ACCESSORY storage on the
surrounding properties and its compliance with the criteria set out in this Section.
Division 5 - Supplementary Regulations for Certain Uses by Special Review
Amend Sec. 23-4-350. Livestock confinement operations.
A. Livestock Confi u t Operations (LCOs)LIVESTOCK CONFINEMENT OPERATIONS shall
be located at least fifty (50) feet from any state or federal highway right of wayRIGHT-OF-
WAY, HT -O F .
WAY, subject to review by the Colorado Department of Transportation.
B. and C. - No change.
D. Concrete or other suitable aprons ADA-Aradjacent to the permanently affixed feed bun ks,
water tanks and feeding devices shall be provided.
E. — No change.
F. Drainage facilities or improvements shall be constructed to protect any ADJACENTadjacent
rivers, streams or other bodies of water from pollution, as approved by the Colorado
Department of Public Health and Environment.
G. Additional submittal requirements for a use by Special Review for a LIVESTOCK
CONFINEMENT OPERATION. In addition to the application requirements listed in Article II;
Division 3, of this chapter, the following information shall be submitted with the application for
a LIVESTOCK CONFINEMENT OPERATION:
1. Maximum number of ANIMAL UNITS and species to be associated with the LIVESTOCK
CONFINEMENT OPERATION.
2. Evidence that the facility has been registered as a Concentrated Animal Feeding
Operation (CAFO) with the Colorado Department of Public Health and Environment.
3. A nuisance management plan.
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4. A lighting plan.
5. A facility management plan.
6. A housing plan for employees (if necessary).
7. Evidence that proposed wastewater impoundments will meet the requirements of the
Colorado Water Quality Control Commission Regulation Number 81 (5 CCR 1002-81),
including but not limited to:
a. Setbacks to water wells
b. Separation from groundwater
c. Impoundment liners meet seepage rate; and
d. Impoundment wastewater storage capacity.
Amend Sec. 23-4-360. Fertilizer storage and saleorganic fertilizer production and
composting facilities.
The storage and sale of fertilizer (organic), where the fertilizer is stored for longer than one
(1) year, shall be regulated as set forth below:
A. Storage of fertilizer shall not be permitted closer than fifty (50) feet to any PUBLIC right-ot
wayRIGHT-OF-WAY or LOT line.
Remainder of Section — No change.
Amend Sec. 23-4-370. Outdoor shooting ranges.
A. A Special Review Permit to operate an outdoor shooting rangoOUTDOOR SHOOTING
RANGE, if approved, shall be conditioned on a requirement that every ten (10) years the
safety of the design of the range shall be reviewed and changed, taking into account the
history of the operation and changes in surrounding land usesUSES and the relevant
provisions of Subsections B.2, C.2 through C.6 and D below. Review -of -the safety plan shall
be accomo ishea using tie Site P Review orocess and such changes sha I not constitute
a major change from +he Special Review Permit. The Department of Planning Services may
waive the review if the surrounding property within one-half (1/2) mile has not significantly
changed since the recording date of the original application. The applicant shall provide
evidence for this determination. The operator, if he or she chooses not to accept the staff
determination under the Site Plan Review process, may request that the matter be determined
by the Board of County Commissioners which shall hear the matter in accordance with the
procedures for considering a Special Review Permit; provided, however, that no fee shall be
charged.
B. Application for a Special Review Permit or Zoning Permit, as required in Article III of this
.1! u Ler, to operate an outdoor shooting rangoOUTDOOR SHOOTING RANGE shall be
accompanied by the following information:
1. and 2. — No change.
C. The following minimum standards shall apply to all outdoor shooting rangesOUTDOOR
SHOOTING RANGES:
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1. REPEALED. Minimum land requirements shall be set by the Planning Commission for
each application.
2. thru 5. - No change.
6. In addition to firing lines or fields, adequate space for danger areas, parking, equipment,
storage buildingBUILDINC, clubhouse and latrines shall be provided.
D. thru E.3. - No change.
4. REPEALED.The trap field layout shall meet the requirements of the American Trap
Association.
5. REPEALED.The skeet field layout shall meet the requirements of the National Skeet
Shooting Association.
Amend Sec. 23-4-380. Solid waste sites and facilities or hazardous waste disposal sites.
A. Certificates of designation for solid or hazardous waste disposal sites and facilities as required
by Article VIII of Chapter 12, the Colorado Revised Statutes,_ and the Code of Colorado
Regulations shall not be deemed approved until or unless a Use by Special Review Permit
has been approved by the Planning- '-oram s o -n -or the Board of County Commissioners
where required by this Chapter. The Board shall be guided in its review of a certificate of
designation by state statute and regulations contained inthe Colorado Revised Statutes and
Code of Colorado Regulations, as amended.
B. Applicants for activities reviewed pursuant to Article II, Division 4 of this Chapter for any Solid
Waste sites and facilities or Hazardous Waste disposal sites shall have the burden of proof to
demonstrate that there is a need for the facility within the proposed area of service, and the
Planning Commission and Board of County Commissioners shall be satisfied that a need
exists as part of the determinations for any such permit.
Amend Sec. 23-4-400. Kennels.
A. and B. - No change.
C. Drainage facilities or improvements shall be constructed to protect any ADJACENTadjacent
rivers, streams or other bodies of water.
Amend Sec. 23-4-410. Drive-in theaters.REPEALED.
D.
The Planning Commission and Board of County Commissioners shall consider the following
criteria in making their determination in approving or denying a Special Review Permit for a
DRIVE-IN THEATER in addition to thosecriteria enumerated in Sections 23-2-220 A and 23-2-
230 B and -its impact on prime agricultural land which -is defi-n-ecras-solis-w[th-agricurttwal capability
classifications of I, II and III as indicated on maps completed by the U.S.D.A. Natural Resource
Service.
A. One (1) on -site parking space shall be provided for each employee on duty. The peak
employment period shall be used to determine the number of employee parking spaces.
B. A stack area capable of storing at least one-third (173) as many cars as can be accommodated
within the viewing area shall be provided, away from the flow of incoming or outgoing traffic,
for waiting vehicles.
C. Ticket gates shall be provided as follows:
1. One (1) ticket gate for a theater with a capacity up to three hundred (300) cars.
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2. Two (2) ticket gates for a theater with a capacity up to six hundred (600) cars.
3. Three (3) ticket gates for a theater with a capacity up to eight hundred (800) cars.
4. Four ('1) ticket gates for a theater with a capacity up to one thousand (1,000) cars.
D. Lighting.
1. All outside lighting shall be arranged and shielded so as to prevent any nuisance on
ADJACENT STREETS or property.
2. Exits and pedestrian passageways shall be adequately lighted at all times when open to
the public.
E. Access.
t—E-ach developed site shall -have -a - minimum -on f wo f cc es, but shall not have more
than two (2) accesses onto any one (1) STREET, except that the Board of County
Co-mn ssi on ers has -the -right -to prescribe addition -al -access requirements if _ i-t _ is deemed
hazards.
2. No direct entrance to or exit from a DRIVE-IN THEATER shall be permitted onto any
FREEWAY or EXPRESSWAY as delineated on the County Thoroughfare Plan or on any
state or local plans.
4. Acceleration and d e celerat- o-n4an -a -n-c eft-tu-r-n-I-a n-eshall be provided -when deemed
necessary by the Board of County Commissioners to facilitate the continuous and safe
flow of traffic to and from the THEATER.
5. The facility shall be designed to provide emergency vehicular access at all times.
6„—Er—trance—and-exit d ri-ve s shall be paved and -c -ha n-n-elized to gutd e-i-n-oo-ming_a n-d-outg
traffic.
7. Adequate site distance shall be provided at all access points.
F. Trash areas.
1. All outside trash, garbage and refuse areas shall be SCREENED.
2. Provision shall be made for adequate vehicular access to and from such areas for
collection purposes.
G. Projection screens.
1. The projection screen shall be oriented so as to minimize the potential traffic hazard
created by people viewing the screen from adjacent highways.
shall conform with the requirements of Chapter 29 of this Code.
3. The screen and its supporting structure shall be designed to withstand a wind pressure of
at least twenty-five (25) pounds per square foot.
H. Fire protection. Fire protection shall be provided in accordance with the requirements of the
fire protection district having jurisdiction in the area where the theater is to be located.
I. Buffering. The DRIVE-IN THEATER shall be adequately buffered through the use of
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J. Health standards and regulations. The proposed facility shall comply with all State and County
Heel-th- -tandards and Regulations.
Amend Sec. 23-4-420. Public utilities facifitIesREPEALED. (Re-enacted as Subsection 23-
2-400.01.
Applicants for activities reviewed pursuant to Article II, Division 5 of this chapter 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
satisf i-ed--that a s -part -of _ he-de-terminati o n s far -any -such -permit
Division 6 - Wind Generators and Permitting Requirements
Amend Sec. 23-4-450. Wind generator standards.
WIND GENERATORS are allowed in certain zone districts as either accessory
usesACCESSORY USES, as principal or ACCESSORY USES subject to Zoning Permit for Wind
Generator requirements of Section 23-4-460, or as principal or ACCESSORY USES subject a
Use -_by -_Special Review Permit, per the height guidelines and maximum numbers for LEGAL
LOTS, below. The height of a WIND GENERATORwind tower is measured from the surrounding
ground teat the hub of the generator
Table 23.3
WIND GENERATORS
Lot Size
(Gross
Acres)
(Building
Accessory
Permit
only)
Use
Rrequired
Zoning
GENERATOR
Permit
for
Use
Review
-by -Special
Permit
WIND
Less than
2.49 Acres
Up
diameter
to
40 feet
12 feet
and
rotor
or less_
41 - 60 feet
Above
60
than 3
feet,
per
LOT
or
LEGAL
more
2.5 Acres -
4.99 Acres
Up
rotor
to 60 feet
diameter
less
and
of
below and
14 feet or
61-120
feet
Above
more
than
120 feet,
3
LOT
or
per
LEGAL
5 Acres and
Above
Up
rotor
to 120
diameter
feet and below and
25 feet or less
121-180
feet
Above
more
than
LEGAL
180 feet,
3
LOT
per
or
* On SLOTS less than 2.5 acres, the owner shall submit evidence to the Planning Department
that the wind generatorWlND GENERATOR can meet the setbacksSETBACKS from property
lines found in Subsections 23-4-450.D and E below.
All WIND GENERATORS are subject to the following standards:
A. and B. — No change.
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C. All WIND GENERATORS mustshall be set back from property lines, public rights-of-
w-a-yPUBLIC RIGHTS -OF -WAY and access easements o -f _ a distance of at least one (1) times
the height of the generator (as measured to the tip of the rotor blades).
D. All WIND GENERATORS mustshall be set back from any existing or planned overhead lines
a distance of at least one (1) times the height of the generator (as measured to the tip of the
rotor blades).
E. No part of the system, including guy wire anchors, shall extend closer than thirty (30) feet to
theany property boundary.
F. WIND GENERATORS mustshall be painted or coated a nonreflective white, grey or other
neutral color.
G. WIND GENERATORS mustshall not be artificially illuminated, unless required by the Federal
Aviation Administration (FAA).
H. Electrical controls mustshall be wireless or underground, and power lines mu-stshall be
underground, except for an interconnection to an existing above -ground power grid.
I. WIND GENERATORS are subject to the following noise limits (measured from the nearest
property line from the WIND GENERATOR):
1. and 2. — No change.
3. Light Industrial (I-1 Industrial): Sixty-five (65) decibels.
4. Industrial 0I-2 and 1-3 Industrial): Seventy-five (75) decibels.
J. — No change.
K. WIND GENERATORS generating power as a commercialCOMMERCIAL enterprise may be
subject to regulation by the Colorado Public Utilities Commission.
L. If proposing to interconnect to a utility company, the applicant shall provide to the Department
of Planning Services a copy of a "letter of intent to interconnect-" or interconnection agreement
signed by the utility company.
Amend Sec. 23-4-460. Zoning Permit for Wind Generator permit application requirements.
An application for a Zoning Permit for a WIND GENERATOR shall include the following:
A. thru F. — No change.
G. Elevation drawings of the proposed facility showing all towers, structuresSTRUCTURES and
other improvements related to the facility, showing specific materials, placement and colors.
H. Weld County Access Permit.
I. A vicinity map showing adjacentADJACENT properties, general land usesUSES, zoning and
roadwaysSTREETS/ROADS:
1. Within five hundred (500) feet of the proposed wind generatorWlND GENERATOR site.
J. A sketch plan of the site at the scale of one (1) inch represents fifty (50) feet, or other suitable
scale to show:
1. The proposed location of the wind generator(s) WIND GENERATOR(S) and other support
structuresSTRUCTURES (guy wires), including distances from the property LOT lines,
above -ground power lines and other STRUCTURES on the property.
No change.
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3. Amount of road frontages.An access is or can be made available that provides for safe
ingress and egress to a PUBLIC STREET/ROAD. All accesses shall be in accordance
with the access requirements set forth in this Code.
4. Identification of any countyCOUNTY, state or federal roadsSTREETS/ROADS /ROADS or
highways.
5. — No change.
K. An application fee. An additional fifty (50) percent of the application fee shall be added to the
cost of the application fee if the USE is started prior to issuance of a permit. The payment of
the investigation fee shall not relieve any persons from fully complying with the requirements
of this Chapter, nor from any other penalties.
L. — No change.
M. REPEALED. Notification responses of at least thirty percent (30%) of surrounding property
owners -within -five -fled (500) feet of the subject propertyr i tiort to the -location -of
the WIND GENERATOR(S).
Amend Sec. 23-4-470. Delegation of authority.
The Board of County Commissioners delegates the authority to issue a zoning permit for a
wind generatorWlND GENERATOR which otherwise requires the approval of the Board of County
Commissioners through a public hearing process to the Department of Planning Services upon a
determination by the Department that
A. — No change.
B. The Department of Planning Services has sent notice and has not received signed notification
from at least thirty percent (30%) of surrounding property owners within five hundred (500)
feet of the subject property in opposition to the location of the wind generatorvl_
GENERATOR within twenty-eight (28) days. If opposed, the petition shall indicate that the
surrounding property owners who have signed the notification have objections to the issuance
of a zoning permit for the wind generator.
Add Sec. 23-4-475. Notification and appeal of denial.
A. Once an application that is subject of this Division 6 is deemed complete by the Department
of Planning Services, the Department of Planning Services shall send the application to
applicable agencies listed in Appendix 23-G, as determined by the Department of Planning
Services. The failure of any agency to respond within twenty-eight (28) days may be deemed
a favorable response. All REFERRAL agency review comments are considered
recommendations. The authority and responsibility for approval and denial of a zoning permit
rests with the Department of Planning Services.
B. The Department of Planning Services shall send notice, mailed first-class, to owners of LOTS
within five hundred (500) feet of the subject property notifying them of the application and their
opportunity to object to the issuance of the zoning permit, which shall be submitted by
returning the signed form sent by the Department of Planning Services within twenty-eight
(28) days.
C. If the Department of Planning Services receives objections from the owners of at least thirty
(30) percent of those notified within twenty-eight (28) days, or if the Department of Planning
Services determines the application does not meet all applicable criteria and requirements,
the zoning permit shall be denied by the Department of Planning Services.
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1. The Department of Planning Services shall notify the applicant of the objections and the
denial of the zoning permit. The Department of Planning Services shall also provide the
applicant comments received from REFERRAL agencies. The applicant may appeal in
writing to the Department of Planning Services within ten (10) days of receipt of the denial
notice.
2. If appealed, a public hearing shall be scheduled before the Board of County
Commissioners and staff shall send notice, mailed first-class, to the applicant and owners
of LOTS within five hundred (500) feet of the subject property at least ten (10) days prior
to the hearing. The Department of Planning Services shall also notify the referral agencies
with comments of the hearing.
3. The Department of Planning Services shall post a sign on the property in question
indicating a zoning permit has been requested for the property, the hearing date, and
telephone number where further information may be obtained. The sign shall be posted at
least ten (10) days crior to the hearing date and evidenced with a ahotoarach.
i
4. The De
Dartment of Planning Services shall arrange for legal notice of said hearing to be
published in the newspaper designated by the Board of County Commissioners for
publication of notices at least ten (10) days prior to the hearing.
5. The Board of County Commissioners shall consider any testimony of owners of
surrounding property and REFERRAL agencies concerning the effects of the zoning
permit on the NEIGHBORHOOD and its compliance with the applicable criteria set out in
this Code.
6. Following the public hearing, the Board of County Commissioners shall pass a resolution
affirming its decision as to whether to approve or deny the zoning permit. The decision of
the Board shall be final.
7. Notice is not required by state statute and is provided as a courtesy to surrounding
property owners. Inadvertent errors by the applicant in supplying such list or the
Department of Planning Services in sending such notice shall not create a jurisdictional
defect in the permit process even if such error results in the failure of a surrounding
property owner to receive such notification.
8. If the applicant does not submit a written appeal within said ten (10) days, the denial shall
be final.
Division 7 - Temporary Seasonal StructuresUses
Amend Sec. 23-4-500. Intent and applicability.
A. The intent of the Temporary Seasonal UsoTEMPORARY seasonal USE procedure is to
provide an administrative process for the regulation of seasonal usesUSES and accessory
structuresACCESSORY STRUCTURES, including fruit and vegetable stands, and those for
the sale of fireworks or Christmas trees. Other similar temporaryTEMPORARY seasonal
usesUSES may be approved by the Director of Planning Services.
B. Roadside stands shall be located not less than fifty (50) feet from any PUBLIC RIGHT-OF-
WAY.
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Amend Sec. 23-4-510. Duties of Department of Planning Services.
A. The applicant shall submit the application fee and information required herein to the
Department of Planning Services. The submittal shall be reviewed for completeness and the
applicant notified of any inadequacies. Once the submittal is determined complete, Planning
staff and other agencies, such as the Department of Public Works, the affected fire district,
the Colorado Department of Transportation and the Department of Public Health and
Environment, shall review the submittal.
B. — No change.
C. If the Department of Planning Services denies the Permit, the applicant may appeal in writing
to the Director of Planning Services, within ten (10) days of receipt of the denial notice. A
meetinghearing ng shall be scheduled with the Board of County commissioners to provide the
landowner an opportunity to appeal the denial, for good cause shown. If the landowner does
not submit a written appeal, the denial becomes final.
Amend Sec.23-4-520. Application requirements for temporary seasonal use permit.
The following supporting documentation shall be submitted as a part of the application:
A. A TEMPORARY seasonal useUSE permit application form provided by the Department of
Planning Services.
B. — No change.
C. A detailed description of the proposed USE, including the location of proposed parking areas
or parking lotsPARKING LOTS, and evidence that the USE meets the requirements of the
zone district.
D. — No change.
E. Evidence that the USE in the zone district shall have adequate sewage disposal facilities,
which may include TEMPORARY sewage disposal facilities (i.e., portable toilets), as
determined by the Department of f Public Health and Environment.
E. thru H.3. — No change.
4. The location of all existing and proposed driveways and accesses associated with the
parking IotsPARIING LOTS.
5. The names of any existing roadsSTREETSfROADS or highways abutting the proposed
property.
. All existing structuresSTRUCTURES on the proposed property, located in proximity to the
proposed USE.
7. and 8. — No change.
I. The application fee. An additional fifty (50) percent of the application fee shall be added to the
cost of the application fee if the USE is started prior to issuance of a permit. The payment of
the investigation fee shall not relieve any persons from fully complying with the requirements
of this Chapter, nor from any other penalties.
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Division 8 - Second Single -Family Dwelling in the A (Agricultural) Zone District
Amend Sec. 23-4-600. Permit requirementsREPEALED.
No second SINGLE FAMILY DWELLING on a LEGAL LOT in the A (Agricultural) Zone District
shall be allowed without first receiving an approved zoning permit as required by this Division.
The intent of allowing a second SINGLE FAMILY DWELLING on a LEGAL LOT in the A
(Agricultural) Zone District is to provide for family and caregivers to dwell on the same LEGAL
LoT n-a-p-plicat i o n -f or -a- - n-i- -g permit -for --a- s e-cond I N G LE--FAM-I-LY—DW EL L I -L E— AL
LOT in the A (Agricultural) Zone District shall include the following:
A. Name, address and telephone number of the applicant.
B. Name, address and telephone number of the owner of the land if different from Paragraph A
above.
C. A zoning permit for a second single family dwelling application form provided by the
Department of Planning Services. All fee owners of property must sign the application or, if
an--a-uth orizsd- agerf-t -ns, a letter of--au-t h orizati-o-n--from---all fee -owners -must t be-in-ol -d ed--with
the application. If a corporation is the fee owner, notarized evidence must be included showing
th-at the signatory has legal authority of -the partnership to sign for —the corporation or
partnership and that the corporation or partnership has the authority to do business in the
State.
D. A legal description of the property for which the application is made.
E -Nu m laer of acres of _ the property.
F. A sketch plan of the site at the scale of one (1) inch represents fifty (50) feet or other suitable
scale to show:
1. The proposed location of the second SINGLE-FAMILY DWELLING, including distances
from -the -property -LOT -I i nes---and other STRUCTURES on -tai e property.
2. Access to the second SINGLE FAMILY DWELLING, indicating whether the access is
existing or proposed. Access shall be shown on the sketch plan and shall be shared to
tie extent possib e. Existing -accesses shall -be --preferred.
3. ation and measurements of any easements or rights of way.
4. Amount of road frontages.
5. Identification of any County, State or federal roads or highways.
6. Existing STRUCTURES on the property.
to serve the proposed use. A letter from a water district or municipality or a well permit are
examples of evidence for domestic use.
H. A statement explaining that both the dwellings will/do have adequate means for the disposal
or a copy of a letter from a sanitation sewer district indicating existing service or availability of
sewage disposal to each proposed-l-ot-are-exa-m-ples arm exam -pies of Neva-d-ence far -domestic use.
I. An application fee.
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J. The requirements of this Division require the applicant to provide a certified list of the names,
addresses and the corresponding Parcel-den-tification Number assigned by the County
Assessor of the owners of property (the surface estate) within five hundred (500) feet of the
property lines of the parcel to where the SINGLE-FAMILY DWELLING shall be placed. The
source of such list shall be the records of the County Assessor, or an ownership update from
a title or abstract company or attorney, derived from such records or from the records of the
County Clerk and Recorder. If the list was assembled from the records of the County
Assessor, the applicant shall certify that such list was assembled within thirty (30) days of the
application submission date.
K Istotificat io n res -nse o t l as thi ray p r rcent-(-30%) of -surrounding -property -owners -within
five hundred (500) feet of the subject property in opposition to the location of the second
SINGLE-FAMILY DWEL-L-1-N
L. A copy of a deed or legal -instrument id i#ying _ tie -applicant's interest -+n -the -property -under
consideration.
M. A certificate of conveyances form provided by the Department of Planning Services and
completed -by a Title Insurance -Or Abstract ompan- r.
N . A detailed description of the -request- -n-d4t-p-urpo e and -benefits.
O. A Weld County Access Permit.
P. A Statement of Taxes from the County Treasurer showing no delinquent taxes for the area
referred to in the application materials.
Q. A signed affidavit stating that a family member/caregiver will be residing in the second home.
Amend Sec. 23-4-610. Approval processREPEALE D.
A zoning permit for a second SINGLE-FAMILY DWELLING on a LEGAL LOT in the A
(Agricultural) Zone District may be issued by the Department of Planning services if the
a o Dlication meets tie criteria states in Sub oaragraohs A.' throug'i A.4 be ow anc Section 23-4-
620 of this Division, and is not located on lots in an approved or recorded subdivision plat or LOTS
part of a map or plan filed prior to adoption of any regulations controlling subdivisions.
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A. The Board of county commissioners shall hear the application at a regularly scheduled
meeting of the Board, if -the application does not meet _ the criteria stated in Subparagraphs t
through 4 below and Section 23 4 620 of this Division. The Board of county commissioners
shall give notice of the application for a zoning permit and the meeting date to those persons
listed in the application as owners of property located within five hundred (500) feet of the
parcel under consideration. Such notification shall be mailed, first-class, not less than ten (10)
days before the scheduled meeting. Such notice is not required by State statute and is
provided as a courtesy to surrounding property owners (the surface estate). Inadvertent errors
by the applicant --in supplying such list -or the Department of Plann, ing suci
notice shall not create a jurisdictional defect in the permit process, even if such error results
in the failure of a surrounding property owner to receive such notification. The Department of
Planning Services sial post a sign for the aop icant on tie property in question indicating that
a second SINGLE-FAMILY DWELLING has been requested for the property, the meeting date
and the telephone number where further information may be obtained. The sign shall be
posted at least ten (10) days prior to the meeting date and evidenced with a photograph. The
Boa rd -of -County o m-m-iss insrs -hall--core i r- -n t-esthiio n rroun- - ng property -owners
concerning the effects of the second SINGLE FAMILY DWELLING on surrounding property.
The Board of County commissioners shall also consider the following factors in reviewing
applications for a permit for a second SINGLE FAMILY DWELLING:
i
compatibility witi surrounding area, harmony with t
le character of the NEIG
-IBOR
-{GOD
and its effects upon the immediate area.
2. Compatibility with Chapter 22 of this Code.
3 Av-a- l a b-i lity-o-f-ad-eq o -at -e -water a n e i ged isposal fac l ti es.
41. The general health, safety and welfare of the inhabitants of the area and the COUNTY.
B. Only one (1) zoning permit for a second SINGLE FAMILY DWELLING may be issued for each
LEGAL LOT in the A (Agricultural) Zone District in the County.
Amend Sec. 23-4-620. Delegation of authorityREPEALED.
The Board of county commissioners delegates the authority to issue a Zoning Permit for a
second-SiN Gt--E-FAI A It---DW-EL Lft4---o-n-a LEGAL —LOT i n ri-cu-I-tu-r -1 -Zo-n--D+stri-ct h -h
otherwise requires the approval of the Board of county commissioners through a public hearing
process, to t h De pa r -o-f-PFa-r n-ing Services u p -o n a determination by the-Departmen-t
D p rt en-tA. The a p n -t is i-n co m-pl -a-nch t-h-e-criter-i-- i-d e-ntified4n this-D-i-vis-io n-.
least thirty percent (30%) of surrounding property owners within five hundred (500) feet of the
subject property n -o p position -to the -lo ts-an-ot-t-he s eco n -d -S -1-N-0
petition shall indicate that the surrounding property owners who have signed the notification
have objections to the issuance of a zoning permit for the second SINGLE-FAMILY
DWELLING. Any notice not received within twenty eight (28) days shall be deemed a positive
response of said request.
C. Construction pursuant to approval of a Second Single -Family Dwelling Zoning Permit shall
commence within six (6) months from the date of approval, unless otherwise specified by the
Board of county commissioners when issuing the original Permit, or the Permit shall be
vacated. The Director —of _ Planning -Services may -grant -an extension of ti rn e; o -r goad -cause
shown, upon a written request by the landowner.
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Add See. 23-4-630. Requirements for a second single-family dwelling.
Where a second SINGLE-FAMILY DWELLING is permitted in Article III of this Chapter, the
following criteria shall be met prior to issuance of a building permit for said dwelling:
A. The LOT shall be at least two and one-half (2.5) acres in area.
B. The second SINGLE-FAMILY DWELLING shall have a permanent, engineered foundation.
C. Where Article III of this Chapter requires issuance of a zoning permit for a second SINGLE-
FAMILY DWELLING, the permit may be issued in accordance with Division 17 of this Article
IV of this Code. Where Article III of this Chapter requires approval of a Use by Special Review
for a second SINGLE-FAMILY DWELLING, the process in Division 4 of Article II of this Code
shall be followed.
Division 9 - Miscellaneous Regulations
Amend Sec. 23-4-700. Manufactured homesREPEALED.
A MANUFACTURED HOME does not require the approval of a zoning permit, unless on a
temporary foundation. All structures meeting the definition of MOBILE HOME shall follow the
zoning permit requirements of Division 3 in this Article of this Chapter.
Amend Sec. 23-4-710. Livestock feeding performance standards.
A. and B. — No change.
C. The Department of Public Health and Environment will use the following performance
standards to verify a complaint and evaluate the presence of a nuisance condition:
1. The property owner shall remove, handle and stockpile all manure in a manner that will
prevent nuisance conditions. The manure piles shall not be allowed to exist or deteriorate
to a condition that facilitates excessive odors, flies, insect pests or pollutant runoff. The
manure storage site shall have a surface, in accordance with the ConfinedConcentrated
Animal Feeding Operation Control Regulations, which does not permit seepage or
percolation of manure pollutants into the ground.
2. thru 5. — No change.
6. All runoff retention and containment facilities shall meet and be maintained in accordance
with the Colorado Department of Health's ConfinedConcentrated Animal Feeding
Operation Control Regulation (5 CCR 1002-1981). The property owner shall be
responsible for any additional requirements issued by the Colorado Department of Health,
Water Quality Control Division, or the County Department of Public Health and
Environment.
Remainder of Section — No change.
Division 10 - Antennas and Towers
Amend Sec. 23-4-800. Purpose.
The purpose of this Division is to accommodate the increasing wireless communication needs
of County residents, businesses and visitors while protecting the public health, safety, general
welfare and visual environment of the County by:
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A. thru C. — No change.
D. Reducing the number of TELECOMMUNICATION ANTENNA TOWERS needed to serve the
County by requiring TELECOMMUNICATION ANTENNAS to be placed on existing
structuresSTRUCTURES wherever possible and requiring CO -LOCATION of
telecommunication providers on existing and new TELECOMMUNICATION ANTENNA
TOWERS.
E. Using performance standards and incentives to promote location of TELECOMMUNICATION
ANTENNAS on concealed structuresSTRUCTURES and existing buildingsBUILDINOS and
TELECOMMUNICATION ANTENNA TOWERS.
Amend Sec. 23-4-805. Definitions.
For the purposes of this ChapterDivision 10, certain terms or words used herein shall be
interpreted as defined in this Section 23-1-90. The following specific words and phrases, when
appearing in this Chapter in uppercase letters, shall have the meanings stated in this Section:
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.
CO LOCATION : Locating TELECOMMUNICATION ANTENNAS or other wireless
NONCOMMERCIAL TOWER : Any mast or pole taller than forty (40) feet and permanently
definition television (HDTV) reception, short wave radio, citizens band radio, wireless Internet and
call -ph one -r ---a n g e-+ te-n ion4or ►n p -I- -
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 --onto n n as- andlor TEL EC O MMu-N-I CATI O f NTE- 1-N A
TOWERS from public view in a manner appropriate to the site's context and surrounding
any i_ro n_ment: Exa m p-tes of -c.o n-Geate-d-a n te-n-r-` as i-n u -d -e -man-made tree I o ck towers,
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)-c&ffutar-telephone, and/or alternative —TEL MMU—N TON
ANTENNA TOWERS, and the like. This definition does not include any structure erected solely
-or a resicei _ a , ioicommerc a sicivicua use, suci as :e ev sion an_elnas, sa_e i_e cisies o
amateur (HAM) radio antennas, including, but not limited to AMATEUR RADIO
ANTENNA/TOWERS.
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TELECOMMUNICATION ANTENNA TOWER HEIGHT : The distance from the finished grade
at the TELECOMMUNICATION ANTE N T _' E b e t 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.
Amend Sec. 23-4-810. Preferred order for locating Telecommunication Facilities.
The order of preference for locating new permanent TELECOMMUNICATION FACILITIES is
from most preferred to least preferred and based on economic and technical feasibility:
A. thru C. — No change.
D. TELECOMMUNICATION ANTENNA TOWER. New TELECOMMUNICATION ANTENNAS
mustshall use the most preferred facility type where economically and technically feasible. A
lesser preferred facility type is allowed only if the applicant presents substantial evidence to
show it will have a lesser visual impact than the use USE of more preferred facilities and that
the applicant's desired geographic area cannot be served by using more preferred facilities.
Amend Sec. 23-4-820. General requirements.
A. TELECOMMUNICATION FACILITIES on Residential Properties. TELECOMMUNICATION
FACILITIES may not be placed on properties or -bull-din -sBUI LDINGS used primarily for
residential purposes. This does not apply to buildingsBUILDINGS containing eight (8) or more
dwelling unitsDWELLING UNITS or farms and ranches containing dwelling unitsDWELLING
UNITS.
B. TELECOMMUNICATION FACILITIES are allowed as a usoUSE by right or accessory use
ACCESSORY USE on a property as follows:
1. REPEALED. TELECOMMUNICATION ANTENNA, ATTAC H E D AND
TELECOMMUNICATION ANTENNA, CONCEALED arc permitted by administrative
review in all zone districts.
2. TELECOMMUNICATION ANTENNA TOWERS are not allowed in the following zone
districts: R-1, R-2, R-3, R-4, R-5, E and PUD (with Residential usesresidential USES).
3. TELECOMMUNICATION ANTENNA TOWERS are permitted either as a uscUSE by right,
accessory useACCESSORY USE, zoning permit, or Use by Special Review in the
following zone districts: C, I, A and PUD (with Commercial or Industrial
usesCOMMERCIAL or industrial USES).
C. Accessory usesACCESSORY USES to a TELECOMMUNICATION ANTENNA AND
TELECOMMUNICATION ANTENNA TOWER shall not include officesOFFICES, broadcast
studios, long-term vehicle storage or other outdoor storageOUTDOOR STORAGE, or other
usesUSES not needed to send, receive or relay transmissions.
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Amend Sec. 23-4-830. Standards for Telecommunication Antenna Towers.
A. TELECOMMUNICATION ANTENNA TOWERS are allowed as a usoUSE by right, accessory
usesACCESSORY USES, subject to Zoning Permit for TELECOMMUNICATION ANTENNA
TOWER requirements, or as a Use by Special Review Permit, per the height guidelines below.
The height of a TELECOMMUNICATION ANTENNA TOWER is defined as the distance from
the finished grade at the TELECOMMUNICATION ANTENNA TOWER base to the highest
point of the TELECOMMUNICATION ANTENNA TOWER. Overall TELECOMMUNICATION
ANTENNA TOWER HEIGHT includes the base pad, mounting structuresSTRUCTURES and
panel antennas, but excludes lightning rods and whip antennas.
Table 23.4
TELECOMMUNICATIONS ANTENNA TOWERS
Zoning Permit
for
Use
by Right
or
Use
by Special
Review
Accessory
Use
TELECOMMUNICATIONS
Permit approval
required
ANTENNA TOWER
Up
to 35 feet
in height
> 35 feet
up
to 70 feet in height
Greater
than 70 feet
in height
B. Radial Spacing. TELECOMMUNICATION ANTENNA TOWERS over thirty-five (35) feet high
mustshall be located at least one thousand (1,000) feet from other TELECOMMUNICATION
ANTENNA TOWERS over thirty-five (35) feet high that are capable of supporting
TELECOMMUNICATION FACILITIES. Closer spacing between TELECOMMUNICATION
ANTENNA TOWERS may be granted through the Use by Special Review process. This radial
spacing requirement does not apply to facilities located at designated antenna farms.
C. In addition to meeting the Use by Special Review standards set forth in Article II, Division 5 of
this Chapter or the Zoning Permit for Telecommunication antenna tower permit application
requirements set forth in Section 23-4-870, the applicant shall submit documentation
addressing the following standards:
1. thru 4.a. — No change.
b. The TELECOMMUNICATION ANTENNA TOWER owner modifies the
structureSTRUCTURE in a way to make CO -LOCATION impractical or impossible.
c. If approval is revoked, the facility mustshall be removed at the owner's expense.
5. thru 13. — No change.
D. TELECOMMUNICATION ANTENNA TOWER and Equipment SetbacksSETBACKS and
OFFSETS.
1. TELECOMMUNICATION ANTENNAS, ATTACHED and other appurtenances may
encroach up to two (2) feet into the minimum building setbacksBUl LDI NG SETBACKS
and OFFSETS in the underlying zoning district UNDERLYING ZONING DISTRICT, but
mustshall not extend over propertyLOT lines.
2. Minimum setbacksSETBACKS and OFFSETS for TELECOMMUNICATION ANTENNAS,
CONCEALED are the same as the minimum building sctbacksBU I LDI NG SETBACKS and
OFFSETS in the underlying zoning districtUNDERLYING ZONING DISTRICT.
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3. Minimum setbacksSETBACKS and OFFSETS for TELECOMMUNICATION ANTENNA
TOWERS are as follows:
a. From propertyLOT lines of properties in the A, C, I and PUD (with Commercial or
Industrial usesCOMMERCIAL or industrial USES) zones: one hundred percent (100%)
of the TELECOMMUNICATION ANTENNA TOWER HEIGHT but not less than
minimum building setbacksSETBACKS and offsetsOFFSETS in the underlying zone
districtUNDERLYING ZONING DISTRICT.
b. From subdivision exemption boundaries for temporary usenon-permanent USE of a
parcel for Telecommunication Antenna Tower Facilities in the A, C, I and PUD (with
Commercial or Industrial usesCOMMERCIAL or industrial USES) zones: one hundred
percent (100%) of the TELECOMMUNICATION ANTENNA TOWER HEIGHT but not
less than minimum building offsetsSETBACKS and OFFSETS in the underlying zone
distrkrtUNDERLYING ZONING DISTRICT, unless evidence of a recorded easement
granted by the underlying property owner, which allows for the fall of the tower onto
the burdened property is provided. As an alternative, the applicant canmay provide
stamped documentation from an engineer licensed to practice in the state
demonstrating that the tower and debris wiRwould fall completely within the boundary
of the subdivision exemption.
4. Guy wires and equipment buildingsBUILDINGS and cabinets. No part of the
TELECOMMUNICATION ANTENNA TOWER system, including any guy wire anchors,
shall extend closer to the property boundary than minimum building setbacksBUILDING
SETBACKS and offsetsOFFSETS in the underlying zone districtUNDERLYING ZONING
DISTRICT.
E. Equipment Design.
1. A TELECOMMUNICATION ANTENNA, ATTACHED on a roof may extend up to fifteen
(15) feet over the height of the buildingBUILDING or structureSTRUCTURE and may
exceed the u-nd-erlying-zoning-districtUNDERLYING ZONING DISTRICT height limitation.
TELECOMMUNICATION ANTENNAS, ATTACHED mounted on a buildingBUILDING or
structureSTRUCTURE wall -tshall be as flush to the wall as technically possible, and
mustshall not project above the top of the wall, and mustshall be located, painted and/or
screened to be architecturally and visually compatible with the wall to which it is
attachedbuilding it is attached to.
2. TELECOMMUNICATION ANTENNA TOWERS should be painted or coated in earth -tone
colors that blend, to the extent possible, with the surrounding buildingBUILDING and
natural environment, unless State or federal regulations require specific colors.
3. TELECOMMUNICATION ANTENNA TOWERS mustshall not be artificially lighted unless
required by the FAA or other State or federal agency. Security lighting on the site may be
mounted up to twenty (20) feet high and mustshall be directed toward the ground to reduce
light pollution, prevent offsite light spillage and avoid illuminating the
TELECOMMUNICATION ANTENNA TOWER.
4. Equipment build ingsBU I LDI NGS mustshall be compatible with the architectural style of
the surrounding buildingBUILDING environment with consideration given to exterior
materials, roof form, scale, mass, color, texture and character. Equipment
buildingsBUILDINGS mustshall be constructed with materials that are equal to or better
than the materials of the principal usePRINCIPAL BUILDING. Equipment cabinets
mustshall be located, painted and/orscreened to be architecturally and visually compatible
with the surrounding BUILDING and natural environment.
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5. The maximum permissible noise level shall adhere to the maximum permissible noise
levels allowed in the underlying zone districtUNDERLYING ZONING DISTRICT as
delineated in Chapter 14, Article IX of this Code.
F. Base or Accessory Site Design.
1. If determined to be required by either the Director of the Department of Planning Services
or the Weld County Board of Commissioners in the course of processing a Zoning Permit
for a Telecommunication Antenna Tower Facility or Use by Special Review Permit,
screeningSCREENING and landscaping appropriate to the context of the site and in
harmony with the character of the surrounding environment may be installed when any
part of the facility is visible from public rights-of-wayPUBLIC RIGHTS -OF -WAY or
adjacentADJACENT properties.
2. — No change.
3. Signage at the site is limited to nonilluminated warning and equipment identification
signsIDENTIFICATION SIGNS. This does not apply to concealed antennas incorporated
into freestanding signsFREESTANDING SIGNS.
4. TELECOMMUNICATION ANTENNA FACILITIES, except those in the C and I zones,
mustshall not include manned officesOFFICES, long-term vehicle storage or other outdoor
storage, or other uses not needed to send, receive or relay transmissions.
G. Abandonment.
If the Use by Special Review has not commenced within three (3) years from the date of
approval, or is discontinued for a period of three (3) consecutive years, it shall be presumed
inactive or abandoned. The COUNTY shall initiate an administrative hearing to consider whether
to grant an extension of time to commence the useUSE or revoke the useUSE. If the useUSE is
revoked, it shall be necessary to follow the procedures and requirements of this Division in order
to reestablish any subsequent 1JseUSE by Bright or Use by Special Review. Upon the
determination that the useUSE has been abandoned, the facility owner has ninety (90) days to
re -use the facility or transfer the facility to another owner who will re -use it or remove the facility.
Evidence of such shall be provided, in writing, to the Department of Planning Services.
Remainder of Section — No change.
Amend Sec. 23-4-840. Supplemental Use by Special Review Permit application
requirements for Telecommunication Antenna Towers.
A. Application Contents. In addition to requirements outlined in Article II, Divisions 3 through 5
of this Chapter, applications for administrative or Use by Special Review approval of proposed
TELECOMMUNICATION FACILITIES, and additions or modifications to existing facilities,
mustshall include the following:
I. A Site Plan showing the location and legal description of the site; on -site land usesUSES
and zoning; adjacent roadwaysSTREETS/ROADS; parking and access; areas of
vegetation and landscaping to be added, retained, replaced or removed;
setbacksSETBACKS from property lines; and the location of the TELECOMMUNICATION
FACILITY, including all related improvements, buildingsBUILDINGS and equipment.
2. A vicinity map showing adjacentADJACENT properties, general land usesUSES, zoning
and roadwaysSTREETS/ROADS:
a. thru c. — No change.
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3. Elevation drawings of the proposed TELECOMMUNICATION FACILITY showing all
TELECOMMUNICATION ANTENNAS, TELECOMMUNICATION ANTENNA TOWERS,
structurosSTRUCTURES, equipment bu ild ingsBU I LDI NGS and cabinets, fencing,
screeningSCREENING, landscaping, lighting and other improvements related to the
facility, showing specific materials, placement and colors.
4. — No change.
5. A report describing the TELECOMMUNICATION FACILITY and the technical need and
other reasons for its design, height and location; the need for the TELECOMMUNICATION
FACILITY and its role in the network; and the capacity of the structureSTRUCTURE,
including the number and type of antennas it can accommodate.
6. The FAA response to the Notice of Proposed Construction or Alteration (FAA Form 7460-
1 or equivalent), if the facility is located near an airportAIRPORT or a flight path.
7. If landscaping/scrconingSCREENING is required by the Department of Planning Services
the applicant is responsible for landscaping, screeni ngSCREENI NG, site maintenance
and the replacement of dead plant material.
8. A schedule for the installation of landscaping and scrccningSCREENING, if applicable.
9. thru 11. — No change.
B. TELECOMMUNICATION FACILITY Inventory. The first application for a proposed
TELECOMMUNICATION FACILITY by a provider mustshall include a detailed inventory of all
the provider's existing and approved TELECOMMUNICATION FACILITIES within the County,
all incorporated areas within the County, and one (1) mile beyond the County border, including
Wyoming.
Amend Sec. 23-4-870. Zoning Permit for Telecommunication Antenna Tower permit
application requirements.
An application for a Zoning Permit for a TELECOMMUNICATION ANTENNA TOWER shall
include the following:
A. thru E. — No change.
F. Elevation drawings of the proposed TELECOMMUNICATION FACILITY showing all
TELECOMMUNICATION ANTENNA TOWERS, structuresSTRUCTURES and other
improvements related to the TELECOMMUNICATION FACILITY, showing specific materials,
placement and colors.
G. — No change.
H. A vicinity map showing adjacontADJACENT properties, general land uscsUSES, zoning and
roadwaysSTREETS/ROADS:
1. — No change.
I. A sketch plan of the site at the scale of one (1) inch represents fifty (50) feet, or other suitable
scale, to show:
1. The proposed location of the TELECOMMUNICATION ANTENNA TOWERS and other
support structuresSTRUCTURES (guy wires), including distances from the property LOT
lines, above -ground power lines and other STRUCTURES on the property.
2. — No change.
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3. Amount of road frontages.An access is or can be made available that provides for safe
ingress and egress to a PUBLIC STREET/ROAD. All accesses shall be in accordance
with the access requirements set forth in this Code.
4. Identification of any CountyCOUNTY, State or federal roadsSTREETS/ROADS or
highways.
5. — No change.
6. A site detail of TELECOMMUNICATION ANTENNA TOWER and encumbrances/ support
structuresSTRUCTURES.
J. — No change.
K. A statement describing the TELECOMMUNICATION FACILITY and the technical need and
other reasons for its design and location; the need for the TELECOMMUNICATION FACILITY
and its role in the network; and the capacity of the structureSTRUCTURE, including the
number and type of antennas it can accommodate.
L. The FAA response to the Notice of Proposed Construction or Alteration (FAA Form 7460-1 or
equivalent), if the facility is located near an airportAIRPORT or a flight path.
M. A schedule for the installation of landscaping and screeningSCREENING, if applicable.
N. If landscaping/screeningSCREENI NG is required by the Department of Planning Services,
the applicant is responsible for landscaping, screeninSCREENING, site maintenance and
the replacement of dead plant material.
O. thru 0. — No change.
R. TELECOMMUNICATION FACILITY Inventory. The first application for a proposed
TELECOMMUNICATION FACILITY by a provider shallmust include a detailed inventory of all
the provider's existing and approved TELECOMMUNICATION FACILITIES within the County,
all incorporated areas within the County, and one (1) mile beyond the County border, including
Wyoming.
S. An application fee. An additional fifty (50) percent of the application fee shall be added to the
cost of the application fee if the USE is started prior to issuance of a permit. The payment of
the investigation fee shall not relieve any persons from fully complying with the requirements
of this Chapter, nor from any other penalties.
T. and U. - No change.
V. The names and addresses of any owner, operator, or user of any irrigation ditch, lateral, or
pipeline that traverses the property.
Amend Sec. 23-4-892. Addition of Equipment on Existing Telecommunication Tower
Facilities.
A. Addition of equipment onto existing Telecommunication Tower facilities
TELECOMMUNICATION FACILITIES (including existing nonconforming antenna tower
facilities) shall not require a new or amended Use by Special Review Permit, Site Plan Review
or Zoning Permit for a Telecommunication for Antenna Tower if the tower
het-g-htTELECOMMUNICATION ANTENNA TOWER HEIGHT remains unchanged, the
coverage area and communication reception for existing facilities are not impacted, and the
area occupied by the Telecommunications tower TELECOMMUNICATIONS ANTENNA
TOWER and accessory equipment does not expand.
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B. Other additions of equipment onto existing Telecommunication Tower
fa ilitiesTELECOMMUNICATION FACILITIES (including existing nonconforming antenna
tower facilities) that extend the tower heightTELECOMMUNICATION ANTENNA TOWER
HEIGHT and/or expand the area occupied by the towerTELECOMMUNICATIONS ANTENNA
TOWER and/or accessory equipment shall be reviewed by the Department of Planning
Services Staff to determine whether or not a new or amended Use by Special Review (USR)
will be required or a new Zoning Permit for a Telecommunication Antenna Tower Facility
(ZPTT) will be required.
Amend Sec. 23-4-894. Subdivision Exemptions for Changes to Existing
Telecommunication Tower Facilities.
AAA new or amended Subdivision Exemption is not required if not expanding ground area of the
Telecommunication TowerTELECOMMUNICATIONS ICATIONS ANTENNA► TOWER site or if not extending
the height of towerTELECOMMUNICATION ANTENNA TOWER HEIGHT and the coverage area
and communication reception for existing facilities are not impacted. Subdivision Exemption
requirements are delineated in Chapter 24, Section VIII of the Weld County Code.
Amend Sec. 23-4-895. Requirements for Noncommercial Towers.
NONCOMMERCIAL TOWERS shall be subject to the following requirements:
A. — No change.
B. NONCOMMERCIAL TOWER components, including any and all antennas, appurtenances,
cables, guy wires or structural supports, shall be subject to the front, side and rear
setbackSETBACK requirements for accessory structuresACCESSORY STRUCTURES for
the zone district in which the tower is located. This provision shall not apply to the tower itself.
C. NONCOMMERCIAL TOWERS mustshall be set back from any existing or planned overhead
transmission lines a distance greater than the height of the tower.
D. — No change.
E. No NONCOMMERCIAL TOWER may exceed the number as a uscUSE by right of the specific
Zone District without a Zoning Permit for NONCOMMERCIAL TOWERS (ZPNCT) or a Use
by Special Review Permit approved by the Board of County Commissioners.
F. Limiting Site Factors. NONCOMMERCIAL TOWERS are permitted in all zone districts;
however, should the proposed NONCOMMERCIAL TOWER be located in one or amore of
the following areas, the NONCOMMERCIAL TOWER is subject to additional review and
approval by the appropriate agency:
1. Within two (2)Two miles fromof any military installation.
2. Within the A -P (Airport) Zoning Overlay District described in Division 1, Article V, of this
Chapter.
3. Within the Geologic Hazard Development aroasGEOLOGIC HAZARD AREAS as defined
by Section 23-1-90 ofthe this Code.
4. No facilities will be permitted within:
a. and b. — No change.
c. All floodwaysFLOODWAYS, as defined by Section 23-1-90 of this Code.
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G. Prior to the issuance of a land use permit for any NONCOMMERCIAL TOWER, the applicant
shall provide the following:
1. and 2. - No change.
3. A scaled Site Plan drawing of the subject property, showing all property lines, the location
of all existing structuresSTRUCTURES, and the proposed location of the tower, including
the location of cables, guy wires or other structural supports.
4. The applicant is toshall provide evidence that additional review and approval by the
appropriate agency is not required in accordance with FAR Part 77, "Objects Affecting
Navigable Airspace", and/or, if the structureSTRUCTURE wereis located within an
establishedthe A -P {Airport) Zoning Overlay District. Towers farther than twenty thousand
(20,000) feet to the nearest point of the nearest runway of any AIRPORT for both public
airports, anc any estab ishec private airport are automatically exempt from any review.
Other exemptions are based on tower distance, tower height, ground height and
buildi ngsBU I LDI NOS between the tower and the airportAI RPORT, and length of
airportAl RPORT runway.
5. The application fee. Investigation fee, if applicable. An additional fifty (50) percent of the
application fee shall be added to the cost of the application fee if the USE is started prior
to issuance of a permit. The payment of the investigation fee shall not relieve any persons
from fully complying with the requirements of this chapter, nor from any other penalties.
Amend Sec. 23-4-896. Cell on Wheels (COW).
A .Any CELL ON WHEELS (COW) facility shallmust be approved by the Board of county
commissioners prior to placement. COW facilities are not considered to be permanent usesUSES
and may be allowed by the Board of county commissioners to remain on a site for a period not
to exceed one (1) year.
Division 11 - Semi -Trailers as Accessory Storage
Amend Sec. 23-4-900. Intent and applicability.
A.
plat, or LOTS which are part of a map or plan filed prior to the adoption of any regulations
controlling subdivisions in the A (Agricultural) Zone District, may be permitted through
issuance of Permit for a Semi -Trailer as Accessory Storage. (No zoning permit is required for
u -p -to two --[2] se m i-tra ilers-used- f -or accessory -storage o n-agricu 4 -u -rat -Da reels not -in -an
approved or recorded subdivision plat, or LOTS which are pad of a map or plan filed prior to
the -adoption of- an- reg ul- -ti-o-n s controlling -subdivisions in _ the - (Agricultural) -Zone -District.
e may be allowed on various other lot sizes
and types, as described in Subsection 23-3-40.0 of this Chapter).Where a SEMI -TRAILER as
ACCESSORY storage is permitted in Article III of this chapter u Don issuance of a zoning
permit, the permit may be issued by the Department of Planning Services upon a
determination that
1. No utility other than electricity shall be connected to the SEMI -TRAILER.
2. The SEMI -TRAILER will not be USED on any basis for anything other than storage of
goods.
3. The property upon which the SEMI -TRAILER is located is a LEGAL LOT.
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4. No structural component of the SEMI -TRAILER will be removed if it would result in the
SEMI -TRAILER being unmovable.
5. The SEMI -TRAILER shall not be allowed to deteriorate into a state of disrepair. Such
disrepair would include, but not be limited to, a SEMI -TRAILER partially or totally damaged
by fire, earthquake, wind or other natural causes,,, or a SEMI -TRAILER in a state of general
dilapidation, deterioration or decay resulting from a lack of maintenance, vandalism or
infestation with vermin or rodents. Any such SEMI -TRAILER shall be restored to and
maintained in the original condition upon being placed on the site or shall be removed
from the site.
6. The SEMI -TRAILER shall be removed from the property upon cessation of such USE.
7. The SEMI TRAILER shall not in any manner be USED to display SIGNS.
8. The SEMI -TRAILER is compatible with the surrounding area.
9. The SEMI -TRAILER has current registration and license plates
B. The zoning permit shall not be transferable by the applicant and/or owner to any successor
and shall terminate automatically upon conveyance or lease of the property. The SEMI-
TRAILER shall be removed from the property or a new zoning permit shall be applied for and
approved prior to conveying or leasinhe property. Each request for a zoning permit shall
include a statement by the applicant acknowledging that the zoning permit is only for the
applicant to which the zoning permit was issued.
B. When required, a Zoning Permit for a Semi Trailer as Accessory Storage may be permitted
for the purpose of storing agricultural goods and nonagricultural goods inside the unit upon a
determination that:
I. Electricity is the only utility which will be connected to the semi trailer used for accessory
storage.
2. The semi -trailer used for accessory storage will not be used on any basis as a DWELLING
or as overnight or temporary housing for any person.
3. The property upon which the semi trailer used for accessory storage is located is a LEGAL
LOT.
4 -I -o tru ctur-ak- po n-ern--tt the—sem-i-traile-r—used4ur accessory storage -will be removed
and thereby result in the semi trailer being unmovable.
5. The semi -trailer used for accessory storage will not be allowed to deteriorate into a state
storage Dartia ly or total y camagec by fire, earthcuake, wind or other natura causes, or a
semi -trailer in a state of general dilapidation, deterioration or decay resulting from a lack
of -maintenance, vandalism or infestatonrTmin or rodents. Any such semi -trailer
shall be restored to and maintained in the original condition upon being placed on the site
or shall be removed from the site.
6.T -he -semi -trailer -used fo storage--wi l I be rim ove from- the -p -rope rt art
cessation of such USE.
7. The semi -trailer used for accessory storage will not in any manner be used to display
sign -sr
-
8 . The -semi trailer used for accessory -storage is compatible -with -the surrounding area.
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Amend Sec. 23-4-910. Semi -trailer as accessory storage permit requirements.
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An application for a Zoning Permit for a Semi Trailer as Accessory StoragoSEMI-TRAILER
as ACCESSORY storage shall include the following:
A. thru F. — No change.
G. Evidence that the seni-tra-i-4erSE MI-TRAI LER is currently licensed.
H. — No change.
I. A sketch plan of the site at the scale of one (1) inch represents fifty (50) feet or other suitable
scale to show:
1. The proposed location of the semi-trailerSEMI-TRAILER, including distances from the
property LOT lines and other STRUCTURES on the property.
2. Access to the semi trailerSEMl-TRAILER, including distances from the property LOT lines
and other STRUCTURES on the property.
3. — No change.
4. Amount of road _ frontages -:An access is or can be made available that provides for safe
ingress and egress to a PUBLIC STREET/ROAD. All accesses shall be in accordance
with the access requirements set forth in this Code.
5. Identification of any countyCOUNTY, state or federal roadsSTREETS/ROADS or
highways.
6. — No change.
J. An application fee. An additional fifty (50) percent of the application fee shall be added to the
cost of the application fee if the USE is started prior to issuance of a permit. The payment of
the investigation fee shall not relieve any persons from fully complying with the requirements
of this chapter, nor from any other penalties.
K. A certified list of the names, addresses and the corresponding Parcel Identification Number
assigned by the County Assessor of the owners of property (the surface estate) within five
hundred (500) feet of the property lines of the parcel on which the semi-trailerSEMI-TRAILER
will be placed. The source of such list shall be the records of the County Assessor, or an
ownership update from a title or abstract company or attorney, derived from such records or
from the records of the county Clerk and Recorder. If the list was assembled from the records
of the County Assessor, the applicant shall certify that such list was assembled within thirty
(30) days of the application submission date.
L. REPEALED. (See Section 23-4-900.)Th-is zoning— m1 1-1—n-ot be transferable —by _ the
applicant and/or owner to any successor; the zoning permit shall terminate automatically upon
conveyance or lease of the property.
Amend Sec. 23-4-920. Referral process.
Upon determination that the application submittal is complete, the Department of Planning
Services shall:
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A. Refer the application to applicable referral agencies listed in Appendix 23-G, as determined
by the Department of Planning Services. r re f Comm n Agencies ca-n-inclu-de--t e
Department of Public Works anc any others c eemed necessary. Tie agencies shal responc
The failure
of any agency to respond within twenty-one (21) days may be deemed to be a favorable
response. The reviews and comments solicited by the COUNTY are intended to provide the
COUNTY with information about the proposed USE. The COUNTY may consider all such
reviews and comments and may solicit additional information if such information is deemed
necessary. The reviews and comments submitted by a referraIREFERRAL agency are
recommendations to the COUNTY.
B. Send a request for comment in support or opposition regarding the Zoning Permit for a semi-
trailer as accessorySEMl-TRAILER as ACCESSORY storage to those persons listed in the
application as owners of property located within five hundred (500) feet of the parcel under
consideration. Such notification shall be mailed, first-class, upon receipt of the application.
Inadvertent errors by the applicant in supplying such list or the Department of Planning
Services in sending such notice shall not create a jurisdictional defect in the permitting
process, even if such error results in the failure of a surrounding property owner to receive
such notification.
Amend Sec. 23-4-930. Delegation of authority.
A. The Board of county commissioners delegates the authority to issue a zoning permit for a
semi-trailerSEMl-TRAILER which otherwise requires the approval of the Board of County
Commissioners through a public hearing process to the Department of Planning Services
upon a determination by the Department that:
1. — No change.
2. The Department of Planning Services has sent notice and has not received signed
notification of at least thirty percent (30%) of surrounding property owners within five
hundred (500) feet of the subject property in opposition to the location of the semi-
trailerSEMl-TRAILER within twenty-eight (28) days. If opposed, the petition shall indicate
that the surrounding property owners who have signed the notification have objections to
B. If the Department of Planning Services denies the Permit, the applicant may appeal in writing
to the Director of Planning Services, within ten (10) days of receipt of the denial notice. A
meetinghearinq shall be scheduled with the Board of County Commissioners to provide the
landowner an opportunity to appeal the denial, for good cause shown. If the landowner does
not submit a written appeal, the denial becomes final.
C. If the Department of Planning Services does receive signed notification that thirty percent
(30%) or more of surrounding property owners within five hundred (500) feet of the subject
property are in opposition to the permitting of a semi -trailer as accessorySEMl-TRAILER as
ACCESSORY storage, the Board of County Commissioners shall review the application for
compliance with the criteria set out in this section at a regularly scheduled meeting of the
Board:
1.thru3.—Nochange.
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4. The Department of Planning Services shall post a sign for the applicant on the property in
question indicating that one (1) semi -trailer as accessorySEMI-TRAILER as
ACCESSORY storage has been requested for the property, the meeting date and a
telephone number where further information may be obtained. The sign shall be posted at
least ten (10) days prior to the meeting date and evidenced with a photograph.
5. The Board of County Commissioners shall consider any testimony of surrounding property
owners concerning the effects of the semi -trailer as accessory storage on the surrounding
properties and its compliance with the criteria set out in this Section.The Department of
Planning Services shall arrange for legal notice of said hearing to be published in the
newspaper designated by the Board of County Commissioners for publication of notices
at least ten (10) days prior to the hearing.
6. The Board of County Commissioners shall consider any testimony of surrounding property
owners concerning the effects of the SEMI -TRAILER as ACCESSORY storage on the
surrounding properties and its compliance with the criteria set out in this Section.
Division 12 - Parking and Operation of Commercial Vehicles
Amend Sec. 23-4-950. Intent and applicability.
A. Parking and operation of one (1) COMMERCIAL VEHICLE may be permitted on lots in an
approved or recorded subdivision plat, or LOTS which are part of a map or plan filed prior to
the adoption of any regulations controlling subdivisions in the A (Agricultural) Zone District
and E (Estate) Zone District, through issuance of a Commercial Vehicle Permit.%Nhere parking
of a COMMERCIAL VEHICLE is permitted in Article III of this Chapter upon issuance of a
zoning permit, the permit may be issued by the Department of Planning Services upon a
determination that
1. The property upon which the COMMERCIAL VEHICLE is located is a LEGAL LOT of at
least one (1) acre.
2. The COMMERCIAL VEHICLE will be removed from the property upon cessation of such
USE.
3. The COMMERCIAL VEHICLE is compatible with the surrounding area.
4. The COMMERCIAL VEHICLE has current registration and license plates.
5. The application complies with this Division 12.
B. REPEALED. When required, a Zoning Permit for a Commercial Vehicle may be permitted
upon a determination that:
I . The -property -upon n which the COMMERCIAL VEHICLE is located is a LEGAL —LOT.
2. The COMMERCIAL VEHICLE will be removed from the property upon cessation of such
USE.
3. The COMMERCIAL VEHICLE is compatible with the surrounding area.
Amend Sec. 23-4-960. Commercial vehicle permit requirements.
An application for any Zoning Permit for a Commercial VehicleCOMMERCIAL VEHICLE
required by this Division shall include the following:
A. thru E. — No change.
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F. A sketch plan of the site at the scale of one (1) inch represents twenty (20) feet or other
suitable scale to show:
1. The proposed parking location of the commercial vehioleCOMMER IAL VEHICLE,
including distances from the property LOT lines and other STRUCTURES on the property.
2. Access to be utilized by the commercial vehicleCOMMERCIAL VEHICLE indicating
whether the access is existing or proposed.
3. and 4. — No change.
5. Identification of any countyCOUNTY, state or federal roadsSTREETS/ROADS or
highways.
6. — No change.
G. An application fee. An additional fifty (50) percent of the application fee shall be added to the
cost of the application fee if the USE is started prior to issuance of a permit. The payment of
the investigation fee shall not relieve any persons from fully complying with the requirements
of this Chapter, nor from any other penalties.
H. The requirements of this Division require the applicant to provide a certified list of the names,
addresses and the corresponding Parcel Identification Number assigned by the County
Assessor of the owners of property (the surface estate) within five hundred (500) feet of the
property lines of the parcel on which the commercial vehicleCOMMERCIAL VEHICLE shall
be placed. The source of such list shall be the records of the County Assessor, or an
ownership update from a title or abstract company or attorney, derived from such records or
from the records of the County Clerk and Recorder. If the list was assembled from the records
of the County Assessor, the applicant shall certify that such list was assembled within thirty
(30) days of the application submission date.
I. — No change.
J. The COMMERCIAL VEHICLE shall be required to maintain current registration and license
plates.
Amend Sec. 23-4-970. Referral process.
Upon determination that the application submittal is complete, the Department of Planning
Services shall:
A. Refer the application to applicable referral agencies listed in Appendix 23-G, as determined
by the Department of Planning Services.for review and comment. Agencies can include the
within twenty one (21) days after the mailing of the application by the COUNTY. The failure
of any agency to respond within twenty-one (21) days may be deemed to be a favorable
response. The reviews and comments solicited by the COUNTY are intended to provide the
COUNTY with information about the proposed USE. The COUNTY may consider all such
reviews and comments and may solicit additional information if such information is deemed
necessary. The reviews and comments submitted by a referral REFERRAL agency are
recommendations to the COUNTY.
B. — No change.
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Amend Sec. 23-4-980. Delegation of authority.
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A. The Board of county commissioners delegates the authority to issue a zoning permit for a
commercial vehicleCOMMERCIAL VEHICLE which otherwise requires the approval of the
Board of county commissioners through a public hearing process to the Department of
Planning Services upon a determination by the Department that
1. - No change.
2. The Department of Planning Services has sent notice and has not received signed
notification from at least thirty percent (30%) of surrounding property owners within five
hundred (500) feet of the subject property in opposition to the location of the commercial
vehicloCOMMERCIAL VEHICLE within twenty-eight (28) days. If opposed, the petition
shall indicate that the surrounding property owners who have signed the notification have
ob j ect-i-o-n-s--to-t h-e--issua-n-ems-of a zoning permit for the co mme-rc-ia-I-ve-hicle .
B. If the Department of Planning Services denies the Permit, the applicant may appeal in writing
to the Director of Planning Services, within ten (10) days of receipt of the denial notice. A
-m-eotinghearing shall be scheduled with the Board of County Commissioners to provide the
landowner an opportunity to appeal the denial, for good cause shown. If the landowner does
not submit a written appeal, the denial becomes final.
C. If the Department of Planning Services does receive signed notification that thirty percent
(30%) or more of surrounding property owners within five hundred (500) feet of the subject
property are in opposition to the permitting of a COMMERCIAL VEHICLE, then the Board of
county commissioners shall review the application for compliance with the criteria set out in
this Section at a regularly scheduled meeting of the Board:
1.thru3.-Nochange.
4. The Department of Planning Services shall post a sign for the applicant on the property in
question, indicating that one (1) commercial vehiclea COMMERCIAL VEHICLE has been
requested for the property, the meeting date and a telephone number where further
information may be obtained. The sign shall be posted at least ten (10) days prior to the
meeting date and evidenced with a photograph.
5. The Board of County Commissioners shall consider any testimony of surrounding property
owners concerning the effects of the COMMERCIAL VEHICLE on the surrounding
properties and its compliance with the criteria set out in this Section.The Department of
Planning Services shall arrange for legal notice of said hearing to be published in the
newspaper designated by the Board of County Commissioners for publication of notices
at least ten (10) days prior to the hearing.
6. The Board of County Commissioners shall consider any testimony of surrounding property
owners concerning the effects of the COMMERCIAL VEHICLE on the surrounding
properties and its compliance with the criteria set out in this Section.
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Division 13 - Home Occupation Class II Permits
Amend Sec. 23-4-990. Home Occupation - Class II permit requirements.
A. Intent. A HOME OCCUPATION CLASS II Zoning Permit shall be obtained for any HOME
OCCUPATION falling within the definition of a HOME OCCUPATION CLASS II operation.
The Board of County Commissioners delegates the authority and responsibility for processing
and approving the zoning permit to the Department of Planning Services. The Department of
Planning Services shall also have the responsibility of ensuring that all application submittal,
requirements are met prior to initiating any official action.
B. Application requirements. An application for any zoning permit for a HOME OCCUPATION
required by this Division shall include the following:
1.— No change.
2. Name, address and telephone number of the owner of the land if different from
applicantParagraph 1 above.
3. A copy of the most recent deed to the property and, if the applicant is not the property
owner, -Eevidence of interest in the subject land held by the applicant, such as a deed,
lease agreement or similar evidence.
4. REPEALED. (Combined with item 3 above.jA copy of a deed or legal instrument
i
identifying the a
3
3
icant's interest in tie Dro Jerty uncer consic oration.
5. No change.
6. The application for a HOME OCCUPATION —CLASS ii shall include aA sketch plan of the
site at the scale of one (1) inch represents twenty (20) feet, or other suitable scale, to
show:
a. The proposed parking location of theany COMMERCIAL VEHICLE commercial vohiclo
(if applicable), including distances from the property LOT lines and other
STRUCTURES on the property. Notwithstanding any section of this Code to the
contrary, a CLASS II HOME OCCUPATION may include up to two (2) associated
COMMERCIAL VEHICLES.
b. Access to be utilized,_ by the commercial vehicle (if applicable) indicating whether the
access is existing or proposed.
c. — No change.
d. REPEALED. (See number 13 below. )A Weld County Access Permit.
e. Identification of any CountyCOUNTY, state or federal roadsSTREETS/ROADS or
highways.
f. — No change.
g. The STRUCTURES in which the HOME OCCUPATION shall be operated within shall
be appropriately labeled. The total area of useUSE shall also be delineated.
7. An application fee. An additional fifty (50) percent of the application fee shall be added to
the cost of the application fee if the USE is started prior to issuance of a permit. The
payment of the investigation fee shall not relieve any persons from fully complying with
the requirements of this Chapter, nor from any other penalties.
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8. The requirements of this Division require the applicant to provide a The application for a
HOME OCCUPATION — CLASS II shall include a certified list of the names, addresses
and the corresponding Parcel Identification Number assigned by the County Assessor of
the owners of property (the surface estate) within five hundred (500) feet of the property
lines of the parcel. The source of such list shall be the records of the County Assessor, or
an ownership update from a title or abstract company or attorney, derived from such
records or from the records of the County Clerk and Recorder. If the list was assembled
from the records of the County Assessor, the applicant shall certify that such list was
assembled within thirty (30) days of the application submission date. Inadvertent errors by
the applicant in supplying such !ist or the Department of Planning Services in sending
such notice, shall not create a jurisdictional defect in the permit process, even if such error
results in the failure of a surrounding property owner to receive such notification.
9 Whether the property is situated within a subdivisionSUBDIVISION regulated by a
Homeowners Association (HOA). If applicable, contact information shall be provided.
10. — No change.
11. Evidence that a water supply of sufficient quality, quantity and dependability will befis
available to serve the proposed ktLOT and useUS E, if applicable. A letter from a water
district or municipality or a well permit are examples of evidence for domestic use.
12. A statement explaining that the proposed lot-s—vitiufido— e -property has or will have
adequate means for the disposal of sewage in compliance with the requirements of the
underlying zone districtUNDERLYING ZONING DISTRICT and the Department of Public
Health and Environment, if applicable. An existing septic system permit or a copy of a
letter from a sanitation sewer district indicating existing service or availability of sewage
disposal to each proposedtLOT are examples of evidence for domestic use.
13. A Weld County Access Permit.
14. A Statement of Taxes from the County Treasurer showing no delinquent property taxes
for the area referred to in the application materials.
15. Questionnaire provided by the Department of Planning Services.
C. Duties of Department of Planning Services and Board of County Commissioners for a CLASS
II HOME OCCUPATION zoning permit.
1. The Board of County Commissioners delegates the authority and responsibility for
processing and approving the zoning permit to the Department of Planning Services. The
Department of Planning Services shall also have the responsibility of ensuring that all
application submittal requirements are met prior to initiating any official action. Once a
complete applicationCOMPLETE APPLICATION is submitted for a CLASS II HOME
OCCUPATION, the Department of Planning Services shall refer the application to the
applicable agencies listed in Appendix 23-G, as determined by the Department of Planning
Services. send the application to referral agencies for review and comment, if applicable.
The agencies shall respond within twenty-eight (28) days after the application is mailed.
The failure of any agency to respond within twenty-eight (28) days may be deemed a
favorable response. All referralREFERRAL agency review comments are considered
recommendations to the CourttyCOUNTY. The authority and responsibility for approval
and denial of a zoning permit rests with the CountyCOUNTY.
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2. The Department of Planning Services shall refer the application to any agencies or
in Mdi ials,who, a review thcr Departm entr the Board of— ou-n-ty
commissioners deems necessary.The Department of Planning Services shall send
notice, mailed first-class, to owners of LOTS within five hundred (500) feet of the subect
property notifying them of the application and their opportunity to object to the issuance of
the zoning permit, which shall be submitted by returning the signed form sent by the
Department of Planning Services within twenty-eight (28) days.
3. The Department of Planning Services has sent notice and has not received signed
notification from at least thirty percent (30%) of surrounding property owners within five
hundred-(5--feet-of t h -e -sou b ject property in opposition -to th-e--Io-cationof _ the corn-m-ercial
vehicle. If opposed, the petition shall indicate that the surrounding property owners who
have signed the notification have objections to the issuance of a zoning permit _ for -the
Home Occupation.lf the Department of Planning Services receives objections from the
owners of at least thirty (30) percent of those notified within twenty-eight (28) days, or if
the Department of Planning Services determines the application does not meet all
applicable criteria and requirements, the zoning permit shall be denied by the Department
of Planning Services.
4. The County Planner shall prepare a permit/agreement within sixty (60) days of receipt of
a complete application. The permit/agreement shall address all aspects of the application,
including-but--n-o-t-ltmtte d _ to -cam -me nts-rivied- fr-om--a-gen-ci o + wh i h e aas
referred and the standards contained in this Article.The Department of Planning Services
shall notify the applicant of the objections and the denial of the zoning permit. The
Department of Planning Services shall also provide the applicant comments received from
REFERRAL agencies. The applicant may appeal in writing to the Department of Planning
Services within ten (10) days of receipt of the denial notice. If the applicant does not submit
a written appeal within said ten (10) days, the denial shall be final. If appealed, the
following process shall be followed:
a. A public hearing shall be scheduled before the Board of county commissioners and
staff shall send notice, mailed first-class, to the applicant and owners of LOTS within
five hundred (500) feet of the subject property at least ten (10) days prior to the
hearing. The Department of Planning Services shall also notify the REFERRAL
agencies with comments of the hearing.
b. The Department of Planning Services shall post a sign on the property in question
indicating a zoning permit has been requested for the property, the hearing date, and
telephone number where further information may be obtained. The sign shall be
posted at least ten (10) days prior to the hearing date and evidenced with a
photograph.
c. The Department of Planning Services shall arrange for legal notice of said hearing to
be published in the newspaper designated by the Board of county commissioners for
publication of notices at least ten (10) days prior to the hearing.
d. The Board of county commissioners shall consider any testimony of owners of
surrounding property and REFERRAL agencies concerning the effects of the zoning
permit on the NEIGHBORHOOD and its compliance with the applicable criteria set out
in this code.
e. Following the public hearing, the Board of county commissioners shall pass a
resolution affirming its decision as to whether to approve or deny the zoning permit.
The decision of the Board shall be final.
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f. Notice is not required by state statute and is provided as a courtesy to surrounding
property owners. Inadvertent errors by the applicant in supplying such list or the
Department of Planning Services in sending such notice shall not create a 'urisd ictional
defect in the permit process even if such error results in the failure of a surrounding
property owner to receive such notification.
5. When, in the opinion of the Department of Planning Services, an applicant has not met
one (1) or more of the standards of Paragraphs 23-4-990.D.1. through 8. of this Section,
and/or negative responses are received from at lust thirty percent (30%) of the
h r n--g-h-a I B ch ed u-ied-bef-or-e-t-h e Boa rd--o-f- Cou--nty- am-m-issi o n e ra T h e approval of
the zoning permit may be conditioned or restricted to carry out the intent of this Chapter
or to mitigate impacts or address concerns of REFERRAL agencies or neighboring
property owners. Conditions of approval shall be met prior to recording the
permit/agreement, and restrictions may be enforced by means of conditions in the
permit/agreement. If approved, the Department of Planning Services shall prepare a
permit/agreement. Theermit/a eement shall address all aspects of the application,
including but not limited to conditions or restrictions and the standards contained in this
Article.
6. REPEALED. The Board of County Commissioners shall hold a public hearing to consider
th 't--ppl a-tio-n-and--to--t a ke f i-n--aka tio-n_hereo n if -the -Planning -Se ! ice -st- f
determined that the application has not met the standards of Paragraphs 23-4-990.111.
through 8. of this Section. The Board of County Commissioners' decision shall consider
the recommendation of the Planning Services staff, referral agency responses, the
application case file and facts presented at the public hearing. The Board of County
(1) or more of the standards listed in this Section.
7. REPEALED. A permit/agreement shall be prepared after an application is approved and
all conditions of approval have been met. The permit/agreement shall be submitted to the
Department of Planning Services for recording in the office of the County Clerk and
Recorder.
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D. Duties of the Board of County Commissioners. The Board of County Commissioners shall
hear -the application at a regularly scheduled meeting of the Board if the application does not
meet the criteria stated in Subsections A. through C. above and Section 23 1 90 of this
located within five hundred (500) feet of the parcel under consideration. Such notification shall
be mailed, first class, not less than ten (10) days before the scheduled meeting. Such notice
is not required by state statute and is provided as a courtesy to surrounding property owners
(the surface estate .Inadvertent ert in suDDlying such ist, or the
Department of Planning Services in sending such notice, shall not croate a jurisdictional defect
in the permit process, even if such error results in the failure of a surrounding property owner
to receive such notification. The Department of Planning Services shall post a sign for the
applicant on the property in question indicating that a HOME OCCUPATION - Class II has
been requested for the property, the meeting date and telephone number where further
information may be obtained. The sign shall be posted at least ten (10) days prior to the
meeting date -a -n -d evidenced -with a p h-ot-og rap -h . The-Board--of-Cou-ntt- - om m issi-oner a I l
consider any testimony of surrounding property owners concerning the effects of the HOME
OCCUPATION on surrounding properties. The Board of County Commissioners shall also
consider the following factors in reviewing applications for a permit for a HOME
OCCUPATION - Class II:Approval or denial of the zoning permit for a HOME OCCUPATION
shall be based on the following criteria:
1. and 3. - No change.
4. The general health, safety and welfare of the inhabitants of the area 2nd the COUNTY.
The HOME OCCUPATION shall not create any negative impacts to the public health,
safety and general welfare of the neighboring property owners, such as little or no
offensive noise, vibration, smoke, dust, odors, lighting, traffic congestion, trash
accumulation, heat, glare or electrical interference, or other hazard or nuisance noticeable
off the LOT.
5. The proposal is consistent with the definition as expressed in Section 23-1-90 of this
Chapter.
a. The approval of the zoning permit may be conditioned or restricted to carry out the
intent of Section 23-1-90 of this Chapter or to mitigate impacts or address concerns of
referral —agencies. + o, d i-t i-co s of approval shall be met —prior —to re c o rdi th-e
permit/agreement, and restrictions may be enforced by means of conditions in the
permit/agreement.
6. REPEALED. The applicatiith---a-ny Homeowners Association (HOA)
standards, if applicable.
7. The proposed zoning permit complies with this Division 13 of this Article.
8. An access is or can be made available that provides for safe ingress and egress to a public
roadPUBLI C STREET/ROAD. All accesses shall be in accordance with Chapter 12, Article
V of the access requirements set forth in this Code_, and shall endeavor to achieve the
goal of no "net increase" in the number of accesses onto adjacent County roads when
accesses already exist.
a. Where the access is adjacent to a state highway, the Colorado Department of
Transportation has jurisdiction over existing or proposed accesses. The applicant shall
be responsible for obtaining a new Access Permit from the Colorado Department of
Transportation.
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E. A zoning permit for a HOME OCCUPATION shall not be transferable by the applicant and/or
owner to any successor and shall automatically expire upon conveyance or lease of the
property.
F. A CLASS I HOME OCCUPATION shall be conducted by the members of the LIVING UNIT of
the DWELLING UNIT. A CLASS II HOME OCCUPATION shall be conducted by the members
of the LIVING UNIT of the DWELLING UNIT plus no more than two (2) external employees.
G. There shall only be incidental sales of stocks, supplies or products conducted on the premises.
H. Bignage for a CLASS I HOME OCCUPATION may consist of a maximum of one (1)
nonillumin ated SIGN no more than one (1) square foot in size which shall be attached to the
face of the DWELLING UNIT. Signage for a CLASS II HOME OCCUPATION may consist of
a maximum of one (1) nonilluminated SIGN no more than nine (9) square feet in size which
shall be attached to the face of the DWELLING UNIT.
I. A CLASS I HOME OCCUPATION shall not be accessible bli the public, other than for a
FAMILY CHILD CARE HOME. Hours of operation for public access shall be limited to between
7:00 a.m. and 7:00 p.m. for a CLASS II HOME OCCUPATION.
J. A CLASS II HOME OCCUPATION shall not produce traffic volumes of more than sixteen (16)
average daily trips (eight (8) round trips), excluding the traffic produced by the DWELLING
UNIT.
K. HOME OCCUPATIONS shall be conducted primarily indoors. A HOME OCCUPATION may
utilize up to fifty (50) percent of the GROSS FLOOR AREA of a DWELLING UNIT and up to
fifty (50) percent of the GROSS FLOOR AREA of ACCESSORY BUILDINGS on the property.
L. There shall be no OUTDOOR STORAGE, display or sales of materials, goods, supplies or
equipment related to the operation of such HOME OCCUPATION, nor of any highly explosive
or combustible materials.
Division 14 - Cultivation, Manufacture, Distribution and Sale of Medical or Recreational
Marijuana or Marijuana -infused Products
Refer to Chapter 12, Article VII, of the Weld County Code.
Division r1 - Solar Facility
Amend Sec. 23-4-1030. Solar facility.
A. The staff, Planning and Board of County Commissioners shall consider the
following criteria in making their determination in approving or denying a special Review
REermit for a Solar Facility in addition to those criteria enumerated in Chapter 23, Article II,
Division 4 and its impact on prime agricultural land which is defined as soils with agricultural
capability classifications of I, II and III as indicated on maps completed by the U.S.D.A. Natural
Resources Conservation service.
B. — No change.
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C. Landscaping is extremely important for enhancing the quality of
deg eL p e tDEVELOPME NT in the area. Trees, shrubs and other plantings add greatly to
the aesthetic appeal while reducing glare. As no single landscaping plan can be prescribed
for all developmentsDEVELOPMENTS due to differing land features, topography and soils,
these guidelines encourage flexible and creative landscape designs.
LandscapingfscreeningSCREENING shall include, at a minimum, decorative fencing,
berming, and/or vegetation such that the facility is aesthetically pleasing as viewed from
adjacentADJACENT properties and rights-of-wayRIGHTS-OF-WAY.
D. All reasonable alternatives to the proposed location have been adequately assessed, and the
proposed action is consistent with the best interests of the people of the n-tyCOUNTY and
represents a balanced useUSE of resources in the affected area.
E. — No change.
F. No outdoor storageOUTDOOR STORAGE of any materials and equipment including, but not
limited to, solar panels and support structuresSTRUCTURES not in operation will be allowed.
G. No equipment associated with the solar facility shall be located nearer than thirty (30) feet to
the boundary of ADJACENT properties, irrigation ditches and/or rights-of-wayRIGHTS-OF-
WAY. The Board of County Commissioners may set a greater distance than mentioned above
when, in its opinion, it is justified.
H. No change.
Add Division 16 - Cargo containers
Sec. 23-4-1100. Caro containers used for storage, an office, a dwelling or any habitable
use.
A CARGO CONTAINER shall require the issuance of a building permit and compliance with
all applicable provisions of this Code, including Article V of this Chapter. The following conditions
shall apply:
A. Electricity is the only utility that shall be connected to a CARGO CONTAINER USED solely
for storage. CARGO CONTAINERS designed and retrofitted for habitation may be connected
to wet and dry utilities such as water, sewer and electricity.
B. A CARGO CONTAINER shall not be allowed to fall into a state of disrepair. Such disrepair
may include a CARGO CONTAINER that is partially or totally damaged by fire, earthquake,
wind or other natural causes, or is in a state of general dilapidation, deterioration or decay
resulting from a lack of maintenance, vandalism or infestation with vermin or rodents. Any
such CARGO CONTAINER shall be restored to, and maintained in, the original condition it
was in at the time it was placed on the site as established by the original inspection by the
Department of Building Inspection or it shall be removed from the site.
C. CARGO CONTAINERS shall not be stacked on top of each other.
D. A CARGO CONTAINER shall not be USED in any manner to display a SIGN.
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Add Division 17 — Zoning Permits for Certain Uses in the Agricultural Zone District
Sec. 23-4-1200. Uses requiring zoning permits in the agricultural zone district.
A. A zoning permit for USES listed in Article III of this chapter as requiring issuance of a zoning
permit under this Division 17 may be approved if the USE complies with the criteria herein.
The Board of county commissioners delegates the authority and responsibility for processing
and approving these zoning permits to the Department of Planning Services as long as the
application meets the criteria of this section and any other applicable requirements within this
Chapter 23. If the Director of Planning Services determines the application does not provide
sufficient evidence showing the standards set forth in this Division 17 will be met, he or she
will forward the application to the Board of county commissioners for its review and
consideration following a public hearing. Criteria for approval include:
�. The subject property is a LEGAL LOT.
2. The application complies or will comply with the conditions in Section 23-4-1730 below.
3. The proposed USE is compatible with applicable provisions of Chapter 22 of this Code.
4. AdeQuate water and sewage disposal facilities, as applicable, shall be available.
5. Adequate fire protection measures are available on the site for the STRUCTURES and
facilities proposed.
6. The proposed USE is compatible with the character of the NEIGHBORHOOD.
7. The proposed USE is compatible with the general health, safety and welfare of the
inhabitants of the area and the COUNTY.
8. The application complies with any requirements the Director of Planning Services deems
necessary in order to mitigate adverse effects of the USE on the NEIGHBORHOOD.
9. The proposed USE has adequate access and STREET/ROAD or highway facilities
providing access to the property are adequate in size to meet the requirements of the
proposed USE.
10. In those instances where the following characteristics are ajpplicable to the request, the
applicant has demonstrated compliance with the applicable standards:
a. If the proposed USE is located within any OVERLAY ZONING DISTRICT or SPECIAL
FLOOD HAZARD AREA identified by maps officially adopted by the COUNTY, the
applicant shall demonstrate compliance with the COUNTY regulations concerning
OVERLAY ZONING DISTRICTS and SPECIAL FLOOD HAZARD AREAS.
b. The proposed USE of any area known to contain a COMMERCIAL MINERAL
DEPOSIT shall not interfere with the present or future extraction of such deposit by an
EXTRACTOR to any greater extent than under the present USE of the property.
c. If soil conditions onthe site are such that they present moderate or severe limitations
to the construction of STRUCTURES or facilities proposed for the site, the applicant
shall demonstrate that such limitations can be overcome and that the limitations will
be addressed by the applicant and/or the applicant's successors or assigns prior to
the DEVELOPMENT of the property.
B. A preapplication conference with the Department of Planning Services may be required.
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C. If approved, the zoning permit, including any conditions of approval, and the Zoning Permit
Plan shall be recorded by the Department of Planning Services prior to commencement of the
USE or construction. The applicant shall pay the recording fee. If the required documents
have not been recorded within ninety (90) days from the date of approval or if an applicant is
unwilling or unable to meet any of the conditions within ninety (90) days of approval, the
Director of Planning Services may refer the application to the Board of county
commissioners, which may revoke the zoning permit following a public hearing. The applicant
shall be notified of the public hearing at least ten (10) days prior to the hearing. Prior to said
hearing, the Director of Planning Services may grant a one-time extension of up to ninety (90)
days, for good cause shown, upon a written request by the applicant. Before this extension
has expired, the applicant may seek a further extension from the Board of county
commissioners by written request to the Director of Planning. If the Board of county
commissioners denies the extension or if the conditions are not met and the required
documents recorded by the date specified by the Board, the zoning permit approval shall be
voided, and the application denied.
Sec. 23-4-1210. Operation standards.
The applicant shall demonstrate conformance with the following operation standards in the
zoning permit application to the extent that the standards affect location, layout and design of the
USE prior to construction and operation. Once operational, the operation of the USE permitted
shall conform to these standards.
A. The operation of the USES shall comply with the noise standards enumerated in Section 25-
12-101, et seq ., C.R.S.
B. The operation of the USES shall comply with the air quality regulations promulgated by the
Colorado Air Quality Control commission.
C. The operation of the USES shall comply,with the water quality regulations promulgated by the
Colorado Water Quality Control Commission.
D. The USES shall comply with the following lighting standards:
1. Sources of light, including light from high -temperature processes such as combustion or
welding, shall be shielded so that light rays will not shine directly onto ADJACENT
properties where such would cause a nuisance or interfere with the USE on the
ADJACENT properties; and
2. Neither direct nor reflected light from any light source may create a traffic hazard to
operators of motor vehicles on PUBLIC or private STREETS/ROADS and no colored lights
may be used which may be confused with or construed as traffic control devices.
E. The USES shall not emit heat so as to raise the temperature of the air more than five (5)
degrees Fahrenheit at or beyond the LOT line.
F. Property shall be maintained in such a manner that grasses and weeds are not permitted to
grow taller than twelve (12) inches. In no event shall the property owner allow the growth of
NOXIOUS WEEDS.
O. The applicant shall provide a narrative or preliminary drainage study in accordance with the
stormwater drainage criteria requirements of this Code.
H. Any off -site and on -site Improvements Agreement shall be made in conformance with the
county policy on collateral for improvements.
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See. 23-4-1220. Application requirements.
The following shall be submitted as a part of a zoning permit application:
A. An application on a form supplied by the Department of Planning Services. The application
shall include the following:_
1. Parcel number(s) of the subject property.
2. The name, address, email and telephone number of the applicant and property owner, if
different from the applicant.
3. Signature of the applicant. If the applicant is not the owner of the property, an authorization
letter signed by the property owner shall be included.
B. A summary statement of the project including, as applicable:
1. A description of the proposed USE.
2. Proposed hours of operation.
3. The number of employees associated with the USE, and whether they are residents of the
property.
4. Anticipated traffic.
5. A description of anticipated public events, if any, including anticipated number of
attendees.
C. A Zoning Permit Plan of the property, a draft of which shall be submitted in electronic (.pdf)
format and if approved shall be submitted on Mylar or other drafting media approved by the
Department of Planning Services. The Zoning Permit Plan shall include, as applicable:
1. Existing and proposed STRUCTURES and approximate distances to the nearest property
lines. All STRUCTURES to be USED in conjunction with the zoning permit shall meet
current SETBACKS and OFFSETS.
2. Existing and proposed access. Access shall comply with the requirements of this Code.
3. Existing and proposed parking areas, including surface material, number, and dimensions
of spaces and drive aisles. Parking shall comply with Article IV, Division 1, of this Chapter
as applicable.
4. Existing and proposed landscaping and SCREENING. Buffering and/or SCREENING may
be required to mitigate the effects of the zoning permit on ADJACENT properties. Buffering
and/or SCREENING may be accomplished through a combination of berming,
landscaping and fencing.
5. Existing and proposed signage. All signage shall comply with Article IV, Division 2, of this
Chapter as applicable.
6. Other existing and proposed improvements.
7. The Zoning Permit Plan shall bear the following certifications:
a. Property owner's certificate:
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I, the undersigned, certify that the uses, buildings and structures located on this Zoning
Permit Plan are designed and will be constructed and operated in accordance with the
development standards hereon and the district requirements for the Zone
District as stated in Chuter 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 Sen./ices' Administrative Review Certificate:
This Zoning Permit Plan is accepted and approved for filing.
Director of Planning Services
The foregoing certificate was acknowledged before me this day of
, by
WITNESS my hand and official seal.
My commission expires:
Notary Public
D. Evidence that a water supply of sufficient quality, quantity and dependability is or will be
available to serve the proposed USE, if applicable. A letter, permit or bill from a water district,
municipality, or the Division of Water Resources are examples of evidence.
E. Evidence that adequate means for the disposal of sewage for the proposed USE is or will be
available in compliance with the requirements of the zone district and the Department of Public
Health and Environment, if applicable.
F. A copy of a deed or legal instrument identifying the applicant's interest in the property under
consideration.
G. A certified list of the names, addresses and the corresponding Parcel Identification Numbers
assigned by the County Assessor of the owners of LOTS within five hundred (500) feet of the
property su b'ect to the application. The source of such list shall be the records of the County
Assessor, or an ownership update from a title or abstract company or attorney derived from
such records, or from the records of the County Clerk and Recorder. If the list was assembled
from the records of the County Assessor, the applicant shall certify that such list was
assembled within thirty (30) days of the application submission date.
H. A Statement of Taxes from the County Treasurer showing no delinquent property taxes for
the property under consideration.
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I. The names and addresses of any owner, operator, or user of any irrigation ditch, lateral, or
pipeline that traverses the property.
J. The application fee. An additional fifty (50) percent of the application fee shall be added to the
cost of the application fee if the USE is started prior to issuance of a_permit. The payment of
the investigation fee shall not relieve any persons from fully complying with the requirements
of this Chapter, nor from any other penalties.
Sec. 23-4-1230. - Notification and appeal of denial.
A. Once an application that is subject of this Division 17 is deemed complete by the Department
of Planning services, the Department of Planning Services shall send the application to
applicable agencies listed in Appendix 23-G, as determined by the Department of Planning
Services. The failure of any agency to respond with_wenty-eight (28) days may be deemed
a favorable response. All REFERRAL agency review comments are considered
recommendations. The authority and responsibility for approval and denial of a zoning permit
rests with the Department of Planning Services.
B. The Department of Planning Services shall send notice, mailed first-class, to owners of LOTS
within five hundred (500) feet of the subject property notifying them of the application and their
opportunity to object to the issuance of the zoning permit, which shall be submitted by
returning the signed form sent by the Department of Planning services within twenty-eight
(28) days.
C. Within sixty (60) days of receiving a complete application, the Department of Planning
Services shall provide a written report to the applicant and provide the applicant comments
received from REFERRAL agencies and any ob'ections received from the property owners
notified. The applicant shall be given the opportunity to revise the application to address the
concerns raised. If the Director of Planning Services is satisfied with the applicants efforts to
address all concerns, the Director of Planning Services may grove the zoning permit. If the
applicant is unwilling or unable to address all concerns to the satisfaction of the Director of
Planning Services, the Director of Planning Services shall schedule a public hearing before
the Board of County Commissioners for its review and decision following a public hearing.
1. If scheduled for a public hearing before the Board of County Commissioners, staff shall
send notice, mailed first-class, to the applicant and owners of LOTS within five hundred
(500) feet of the subject property at least ten (10) days prior to the hearing. REFERRAL
agencies with comments shall also be notified at least ten (10) days prior to the hearing.
2. The Department of Planning Services shall post a sign on the subject property indicating
a hearing has been scheduled, the hearing date, and telephone number where further
information may be obtained. The sign shall be posted at least ten (10) days prior to the
hearing date and evidenced with a photograph.
3. The Department of Planning Services shall arrange for legal notice of said hearing to be
published in the newspaper designated by the Board of County Commissioners for
publication of notices at least ten (10) days prior to the hearing.
4. The Board of County Commissioners shall hold a public hearing and consider testimony
of owners of surrounding property and REFERRAL agencies concerning the effects of the
zoning permit on the NEIGHBORHOOD and its compliance with the applicable criteria set
out in this Code.
5. Following the public hearing, the Board of County Commissioners shall adopt a resolution
affirming its decision as to whether to approve or deny the zoning permit. The decision of
the Board shall be final.
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6. Notice is not required by state statute and is provided as a courtesy to surrounding
property owners. Inadvertent errors by the applicant in supplying such list or the
Department of Planning Services in sending such notice shall not create a urisdictional
defect in the permit process even if such error results in the failure of a surrounding
property owner to receive such notification.
Sec. 23-4-1240. - Conditions, enforcement, and revocation of zoning permit.
A. USES approved through this Division 17 shall also be subject to additional requirements
contained in Article V of this chapter as applicable.
B. No USE permitted by zoning aermit shall create any unreasonable adverse impacts to the
public health, safety and general welfare of the owners of ADJACENT LOTS, such as
offensive noise, vibration, smoke, dust, odors, lighting, traffic congestion, trash accumulation,
heat, glare, electrical interference, or other hazard or nuisance noticeable beyond the subject
property's boundaries.
C. The property owner shall maintain compliance with all applicable local, state and federal
regulations.
D. The Department of Planning Services may place conditions on the issuance of the zoning
permit to ensure compliance with applicable provisions of this code or to mitigate negative
impacts of the proposed USE.
E. Construction or USE pursuant to issuance of a zoning permit shall be commenced within three
(3) years from the date of approval or the permit. A one-time extension of one hundred twenty
(120) days may be granted by the Department of Planning Services for good cause shown by
written request. Before this extension has expired, the applicant may seek a further extension
from the Board of county commissioners by written request to the Director of Planning
Services. If the Board of County Commissioners denies the extension or if the conditions are
not met and the required documents recorded by the date specified by the Board, the zoning
permit approval shall be voided, and the application denied.
F. Any zoning permit may be revoked by the Board of county commissioners for VIOLATION of
any of the terms of this Division 17 or conditions of approval of the zoning permit following a
Probable Cause Hearing as outlined in Section 2-4-40 of this Code. If the zoning permit is
revoked, the property owner shall cease operation of the USE immediately. Continued
operation of the USE after a zoning permit has been revoked shall be a VIOLATION of this
Code.
O. The Director of Planning Services may revoke a zoning permit if the USE is discontinued for
a period of three (3) consecutive years. Should the Department of Planning Services observe
or receive credible evidence of such a discontinuance the Department shall notify the property
owner by first-class mail. If the property owner objects to the revocation of the zoning permit
within thirty (30) days, the Director of Planning Services may schedule a public hearing before
the Board of County Commissioners for its review and decision. The applicant shall be notified
of the public hearing at least ten (10) days prior to the hearing.
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H. The Department of Planning Services may permit minor amendments to an approved zoning
permit without a complete application for a new zoning permit, notification to surrounding
property owners, or REFERRAL to agencies. The applicant shall provide a written summary
of the proposed arnendment(s) and any other documentation required by the Department of
Planning Services. An increase of ten (10) percent or more in impervious surface area or an
increase of ten (10) percent or more in traffic shall not be considered a minor amendment. If
the Director of Planning Services determines the proposed amendment does not qualify as a
minor amendment, the proposed amendment shall require a new zoning permit.
I. Any USE listed in Article III of this Chapter as requiring issuance of a zoning permit under this
Division 17, but which was in lawful existence at the time of adoption of this Division 17, may
continue without obtaining a zoning permit so long as the USE is not discontinued for a period
of three (3) consecutive years. The Department of Planning Services may permit minor
amendments to such USE in accordance with the preceding Subsection.
ARTICLE V - Overlay Districts
Division '1 - A -P (Airport) Overlay District
Amend Sec. 23-5-10. Definitions.
i
c ---j Cd in this Divis-i-o-n, u-r4ess the context otherwise requires: For the purposes of this
Article V, certain terms or words used herein shall be interpreted as defined in Section 23-1-90.
AIRPORT : Greeley -Weld County Airport, located in Sections 2 and 3, T5N, and Sections 26
and 35, T6N, R65W of the 6th P.M., Weld County, Colorado.
AIRPORT ELEVATION : The established elevation of the highest point on the usable landing
area (four thousand six hundred ninety-seven [4,697] feet above sea level).
AIRPORT REFERENCE POINT : The point established as the geographic center of the airport
landing area. The reference point at Greeley Weld County Airport is a point thirty one thousand
(31,000) feet west of the east line of Section 2, T5N, R68W of the 6th P.M., Weld County,
Colorado, and --tom _ t-housa n -d -t n dred_it 0)-feet-so-ut h-of-the-n-or4h--i n+e o s ti -on
2, which geographic coordinates are Latitude 40° 26' 8" north and Longitude 104° 37' 55" west.
APPROACH SURFACE : A surface longitudinally centered on the extended runway
centerline, extending o u twa-rd and upward from -the -end -of _ t-h-e-pr1ra-r urfa c e and at -the -same
slope as the approach zone height limitation slope set forth in this Section. In plan, the perimeter
of the approach surface coincides with the perimeter of the approach zone.
APPROACH, TRANSITIONAL, HORIZONTAL AN
forth in Section 23-5-20 below.
se zones are -set
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.
HAZARD TO AIR NAVIGATION : An obstruction determined to have a substantial adverse
effect on the safe and efficient utilization of the navigable airspace.
HEIGHT : For the purpose of determining the height limits in all zones set forth in this Section
and shown on the zoning map, the datum shall be MEAN SEA LEVEL elevation unless otherwise
specified.
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HORIZONTAL SURFACE : A horizontal plane one hundred fifty (150) feet above the
established airport elevation, 4171 -plan coincides with -- the
horizontal zone (four thousand eight hundred forty [4,840] feet above seci level).
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.
NONCONFORMING USE : Any preexisting STRUCTURE, object of natural growth or use of
land which is inconsistent with the provisions of this Chapter or an amendment thereto.
OBSTRUCTION : Any structure growth or oth-ar-o-laj-ect, object, hi h -
exceeds a limiting height set forth in Section 23 5 30 below.
PERSON : An individual, firm, partnership, corporation, company, association, joint stock
association or -govern -rent _ entity; ; includes a trust, a--re-csivsr,a n assignee or a similar
representative of any of them.
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
any other planning document.
hundred (200) feet beyond each end of that RUNWAY. The elevation of any point on the primary
surface is the same as the elevation of the nearest point on the RUNWAY centerline. The width
of a primary surface is:
1. Two hundred fifty (250) feet for RUNWAYS having only visual approaches.
2. One thousand (1,000) feet for precision INSTRUMENT RUNWAYS.
RUNWAY : A defined area on an airport prepared for landing and takeoff of aircraft along its
length.
STRUCTURE : An -o- j-ect i-n-clu-din b i I e object -n strutted--o-r-i-n to i ed-by -ma-n in clu-di n -
but without limitation, BUILDINGS, towers, cranes, smokestacks, earth formation and overhead
TRANSMISSION LINES.
TRAN S ITI SURFACE : Th-ese 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.
TREE : Any object of natural growth.
UTILITY RUNWAY : A RUNWAY that is constructed for and intended to be used by propeller -
driven a i r-craft--of-twelve-#h ou sa n dpi e- hu-n-d-red (12,500) --pou m xi-m-um--g-ross-, ig-ht and less.
VISUAL RUNWAY : A RUNWAY intended solely for the operation of aircraft using visual
approach procedures.
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Amend Sec. 23-5-20. Greeley -Weld County Airport zones.
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In order to carry out the provisions of this Chapter, there are hereby created and established
certain zones which include all of the land lying beneath the approach surfacesAPPROACH
SURFACES, transitional surfacesTRANSITIONAL SURFACES, horizontal
surfacesHORIZONTAL SURFACES and conical surfacesCONICAL SURFACES as they apply to
the Greeley Weld County AirportGREELEY-WELD COUNTY AIRPORT. Such zones are shown
on the Greeley -Weld County AirportGREELEY-WELD COUNTY AIRPORT Airspace (FAR Part
77 Surface), being Exhibit IV of the document entitled, "Airport Master Plan," dated
December 15, 2003, a copy of which is on file at the Clerk to the Board's office and the
Department of Planning Services. An area located in more than one (1) of the following zones is
considered to be only in the zone with the more restrictive heightHEIGHT limitation. The various
zones are hereby established and defined as follows:
A. Utility Runway Visual Approach Zone: The inner edge of this approach zoneAPPROACH
ZONE coincides with the width of the primary surfacePRIMARY SURFACE and is two
hundred fifty (250) feet wide. The approach zoneAPPROACH ZONE expands outward
uniformly to a width of one thousand two hundred fifty (1,250) feet at a horizontal distance of
five thousand (5,000) feet from the primary surfacePRIMARY SURFACE. Its centerline is the
continuation of the centerline of the RUNWAY.
B. Runway Larger Than Utility Visual Approach Zone: The inner edge of this approach
zoneAPPROACH ZONE coincides with the width of the primary surfacePRIMARY SURFACE
and is one thousand (1,000) feet wide. The approach zoneAPPROACH ZONE expands
outward uniformly to a width of one thousand five hundred (1,500) feet at a horizontal distance
of five thousand (5,000) feet from the primary surfacePRIMARY SURFACE. Its centerline is
the continuation of the centerline of the RUNWAY.
C. Precision Instrument Runway Approach Zone: The inner edge of this approach
zoneAPPROACH ZONE coincides with the width of the primary surfacePRIMARY SURFACE
and is one thousand (1,000) feet wide. The approach zonoAPPROACH ZONE expands
outward uniformly to a width of sixteen thousand (16,000) feet at a horizontal distance of fifty
thousand (50,000) feet from the primary- -u-rfacePRIMARY SURFACE. Its centerline is the
continuation of the centerline of the RUNWAY.
D. Transitional Zone: The transitional zonesTRANSITIONAL ZONES are the areas beneath the
t-ra-nsi-ti-o-nal-surfacesTRANSITIONAL SURFACES.
E. Horizontal Zone: The horizontal zoneHORIZONTAL ZONE is established by swinging arcs of
five thousand (5,000) feet radii for all RUNWAYS designated utility or visual and ten thousand
(10,000) feet for all others from the center of each end of the pri-m-a u-rfacePRl MARY
SURFACE of each RUNWAY and connecting the adjacent arcs by drawing lines tangent to
those arcs. The horizontal zoneHORIZONTAL ZONE does not include the
approachAPPROACH and transitional zonesTRANSITIONAL ZONES.
F. Conical Zone: The conical zoneCON I CAL ZONE is established as the area that commences
at the periphery of the horizontal zoneHORIZONTAL ZONE and extends outward therefrom
a horizontal distance of four thousand (4,000) feet.
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Amend Sec. 23-5-30. Airport Zone height limitations.
Except as otherwise provided in this Chapter, no structuroSTRUCTURE shall be erected,
altered or maintained, and no treeTREE shall be allowed to grow, in any Greeley -Weld County
Airport Zone described in Section 23-5-20zone created by this Chapter to a HEIGHT in excess of
the applicable HEIGHT herein established for such zone. Such applicable HEIGHT limitations are
hereby established for each of the zones in question as follows:
A. Utility Runway Visual Approach Zone: Slopes of twenty (20) feet outward for each foot upward,
beginning at the end of and at the same elevation as the primary surfacePRIMARY SURFACE
and extending to a horizontal distance of five thousand (5,000) feet along the extended
RUNWAY centerline.
B. Runway Larger Than Utility Visual Approach Zone: Slopes twenty (20) feet outward for each
foot upward beginning at the end of and at the same elevation as the primary
surfacePRIMARY SURFACE and extending to a horizontal distance of five thousand (5,000)
feet along the extended RUNWAY centerline.
C. Precision Instrument Runway Approach Zone: Slopes fifty (50) feet outward for each foot
upward beginning at the end of and at the same elevation as the primary surfacePRIMARY
SURFACE and extending to a horizontal distance of ten thousand (10,000) feet along the
extended RUNWAY centerline; thence slopes upward forty (40) feet horizontally for each foot
vertically to an additional horizontal distance of forty thousand (40,000) feet along the
extended RUNWAY centerline.
D. Transitional Zone: Slopes seven (7) feet outward for each foot upward beginning at the sides
of, and at the same elevation as, the primary surfacePRIMARY SURFACE and the approach
surfaceAPPROACH SURFACE, and extending to a HEIGHT of one hundred fifty (150) feet
above the AIRPORT ELEVATION which is four thousand six hundred ninety-seven (4,6907)
feet above MEAN SEA LEVEL. In addition to the foregoing, there are established HEIGHT
limits sloping seven (7) feet outward for each foot upward beginning at the sides of and the
same elevation as the approach surfaceAPPROACH SURFACE, and extending to where they
intersect the conical surfaceCONICAL SURFACE. Where the precisionPRECISION
INSTRUMENT RUNWAY approach zoneAPPROACH ZONE projects beyond the conical
zoneCONICAL ZONE, there are established HEIGHT limits sloping seven (7) feet outward for
each foot upward beginning at the sides of and the same elevation as the approach
surfaceAPPROACH SURFACE, and extending a horizontal distance of five thousand (5,000)
feet measured at ninety -degree angles to the extended RUNWAY centerline.
E. — No change.
F. Conical Zone: Slopes twenty (20) feet outward for each one (1) foot upward beginning at the
periphery of the horizontal zonoHORIZONTAL ZONE and at one hundred fifty (150) feet
above the AIRPORT ELEVATION and extending to a HEIGHT of three hundred fifty (350) feet
above the AIRPORT ELEVATION.
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Amend Sec. 23-5-40. Use restriction.
Notwithstanding any other provisions of this Division, no useUSE may be made of land or
water within any zone established by this Section Division in such a manner as to create electrical
interference with navigational signals or radio communication between the GREELEY-WELD
COUNTY AIRPORT and aircraft, make it difficult for pilots to distinguish between GREELEY-
WELD COUNTY AIRPORT lights and others, result in glare in the eyes of pilots using the
GREELEY-WELD COUNTY AIRPORT, impair visibility in the vicinity of the GREELEY-WELD
COUNTY AIRPORT, create bird strike hazards or otherwise in any way endanger or interfere with
the landing, takeoff or maneuvering of aircraft intending to use the GREELEY-WELD COUNTY
Al RPORT.
RT.
Amend Sec. 23-5-50. Nonconforming use.
A. Regulations not retroactive. The regulations prescribed in this Section Division shall not be
construed to require the removal, lowering or other change or alteration of any STRUCTURE
or treeTREE not conforming to the regulations as the effective date of the ordinance codified
herein, or otherwise interfere with the continuance of a NONCONFORMING USE. Nothing
contained herein shall require any change in the construction, alteration or intended useUSE
of any STRUCTURE, the construction or alteration of which was begun prior to the effective
date of the ordinance codified herein, and is diligently prosecuted.
B. Marking and lighting: Notwithstanding the preceding provision of this Section, the owner of
any existing NONCONFORMING STRUCTURE or treeTREE is hereby required to permit the
installation, operation and maintenance thereon of such markers and lights as shall be
deemed necessary by the Greeley -Weld County Airport Authority to indicate to the operators
of aircraft in the vicinity of the GREELEY-WELD COUNTY AIRPORT the presence of such
obstructionOBSTRUCTION. Such markers and lights shall be installed, operated and
maintained at the expense of the Greeley -Weld County Airport Authority.
Amend Sec. 23-5-60. Variances.
Any person desiring to erect or increase the HEIGHT of any► STRUCTURE, permit the growth
of any tie-eTREE or useUSE property; not in accordance with the regulations prescribed in this
Sectio-nDivision, may apply to the Board of Adjustment for a varianceVARIANCE from such
regulations under Section 23-6-10—A. The application for varianceVARIANCE shall be
accompanied by a determination from the Federal Aviation Administration as to the effect of the
proposal on the operation of air navigation facilities and the safe, efficient use of navigable
airspace.
Division 2 - Geologic Hazard Overlay District
Amend Sec. 23-5-110. Purpose.
The purpose and intent of the Geologic Hazard Overlay District regulations shall be to:
A. Minimize hazards to public health and safety or to property in regulated GEOLOGIC HAZARD
AREAS.
B. Promote safe useUSE of GEOLOGIC HAZARD AREAS.
C. — No change.
D. Protect the public from the burden of excessive financial expenditures caused by damage
from GEOLOGIC HAZARDS by regulating land USES within GEOLOGIC HAZARD AREAS.
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Amend Sec. 23-5-120. Disclaimer of liability.
The regulation of a GEOLOGIC HAZARD AREA by the Overlay regulations does not
constitute an affirmation by the CountyCOUNTY that lands outside the regulated area as defined
on maps adopted by the Board of County Commissioners will be free from the regulated
hazardGEOLOGIC HAZARD.
Amend Sec. 23-5-130. Uses ppermittedBuildinq permit requirements.
USES listed as allowed by right and their ACCESSORY USES in the UNDERLYING ZONING
DISTRICT may be permitted in the GEOLOGIC HAZARD OVERLAY DISTRICT without obtaining
a GEOLOGIC HAZARD OVERLAY DISTRICT Development Permit. Any person applying for a
Use by _ ; p-ec aI-Rev -w; IAJR-F--FAC-I-JI-TY OF A R BLI UTILITY l -D -RU L I E r. _
Change of Zone, Subdivision of land including Recorded Exemptions and PLANNED UNIT
DEVELOPMENTS within the GEOLOGIC HAZARD OVERLAY DISTRICT shall apply for and
obtain a GEOLOGIC HAZARD OVERLAY DISTRICT Development Permit before any of these
applications are considered finally approved by the Board of County Commissioners.The soils
report submitted with the building permit application shall include geotechnical recommendations
stamped by a registered engineer and shall be submitted to the Building Department along with
the building permit application. The study shall specify that the foundation and STRUCTURE
design are appropriate for the specific site. No certificate of occupancy shall be issued until the
Building Official is satisfied that the STRUCTURES have been constructed in compliance with the
geotechnical recommendations.
Amend Sec. 23-5-140. Establishment of District.
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There is hereby established in the CountyCOUNTY a GEOLOGIC HAZARD OVERLAY
D-ISTRICTGeologic Hazard Overlay District.
A. The GEOLOGIC HAZARD -OVERLAY DISTRICTGeologic Hazard Overlay District includes
land which is within a GEOLOGIC HAZARD AREA. The Colorado Geological Survey (CGS)
and US Geological Survey (USGS) jointly developed a digital map delineating coverage's
based on previous studies pertaining to the location and distribution of abandoned
underground coal mines in the Boulder -Weld coal field north and northwest of the Denver
metropolitan area.
B. The regulated areas delineating the Extent of Abandoned Coal -Mine Workings and Locations
of Mine Shafts, Adits, Air Shafts, and Faults, as amended, and as adopted by the Board of
County Commissioners, is available in electronic format for public inspection at the USGS
webpage portal.[http:flpubs.usgs.govlimapli-23751i-2375.pdf]. Weld County GIS; monitors
this electronic link for amendments and provides electronic access to this information through
the County GIS portal. Where there is a conflict between the boundary lines illustrated on the
map and the actual field conditions, the disputes shall be settled according to Article VI of this
Chapter.
Division 3 - Reserved
Division 4 - Planned Unit Development Overlay D +ctREPEALiED. (See Chapter 27.)
Amenti-Sec23-5-3-00afact,
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There are unincorporated areas within the COUNTY with unique features, such as availability
i
of-uF ciIitie+ nYhich may be suitob-e
Drovi d ed that
adverse impacts of different land uses are minimized. It is recognized that in certain
would be permitted under the standard zoning system. It is further recognized that the PLANNED
UNIT DEVELOPMENT procedure permits a greater range of flexibility than the standard zoning
system which does not always balance the capacity of a site with compatibility to tho
NEIGHBORHOOD.
Amend Sec. 23-5-310. Purpose.
The purpose and intent of the PLANNED UNIT DEVELOPMENT Overlay District regulations
sh- �--b e to:
A. -lea- -i-neti-ze--a-d- r-se-im pa cts- to-- w-a-te-r p u a Ii1--a-n-d--q-u a nt t--pu-bti-c--hea-I afst a -n- -pro party
within the 1-25 Regional Urbanization Area and Activity Centers by requiring COMMERCIAL
and industrial development anc subdivisions and residential subdivision -s- to use the
PLANNED UNIT DEVELOPMENT procedure.
B. Promote a better quality of life within the 1-25 Regional Urbanization Area and activity centers
and to protect the environment.
C. Provide a procedure which will allow land use flexibility in a manner consistent with Chapter
22 of this Code.
Amend Sec. 23Z-320. Uses permitted.
All USES listed as allowed by the PUD Change of Zone District application and which qualify
as a PUD according to this Chapter. All USES allowed by right and ACCESSORY USES permitted
under the current zoned district within the Overlay District.
■ ■;Y'VWM■■ ti/■■■7./'■■rte/■
COM 'IERCIAL and industrial developments and subdivisions and residential subdivisions
shall use the PUD procedure within the 125 Regional Urbanization Area and Activity Centers. All
PUDs within the 1-25 Regional Urbanization Area shall have PUBLIC WATER and PUBLIC
SEW -ER -systems.
A. There -is -hereby esta bl i-s-hsd--i-n t-h-e-Cou-n-ty a Pl a n n ed-Li-nit Dev eto fr - Fay-Di&tra-ct.
B. The Planned Unit Development Overlay District includes all of the unincorporated area of the
County known as the 1-25 Regional Urbanization Area and Activity Centers. The most receipt
copy of the map of the 1-25 Regional Urbanization Area and Activity Center is on file at the
Clerk to the Board's office and the Department of Planning Services.
C. Interpretation of the Planned Unit Development Overlay District boundaries, location of LOT
lines with respect to the boundaries and similar questions shall be determined according to
Article VI of this Code.
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ARTICLE VI - Board of Adjustment
Amend Sec. 23-6-10. Powers and duties.
A. Upon APPEAL, tThe Board of Adjustment shall have the powers and duties enumerated
below. The powers and duties as listed shall be exercised in conformance with the laws of the
State and in conformance with the terms and conditions included in this Chapter. The powers
of the Board of Adjustment shall be exercised in harmony with the intent of this Chapter or
Chapter 26 or 27, as applicable, the intent of Chapter 22 of this Code and the public interest.
I. The Board of Adjustment has the power to hear and decide APPEALSappeals from
decisions concerning zoning issues made by any official employed by the Board of County
CammissionersCOUNTY in the administration or enforcement of this Chapter, Chapter
26, or Chapter 27.
2. When there is an APPEALappeal of an administrative decision, the Board of Adjustment
may, so long as such action is in conformance with the terms of this Chapter, Chapter 26,
or Chapter 27, as applicable, reverse, affirm or modify the order, decision or determination
APPEALEDappealed from.
B. — No change.
C. The Board of Adjustment has the power to hear and decide ap or'• va4ia-nceVARIANCES
from the terms of this Chapter, with the exception of appeals for varianceVARIANCES from
Article XI, Floodplain n Management Ordinance, which are heard and decided by the Board of
County Commissioners., or The Board of Adjustment also has the power to hear and decide
VARIANCES from the terms of Chapters 26 and 27 of this Code aswhere Chapters 26 and
27 are applied to individual LOTS or parcels. Appoals for variancoVARIANCES may be
brought to the Board of Adjustment when, because of special conditions relating to the subject
land, a literal enforcement of the provisions of this Chapters —an -d Chapters 26, or Chapter
and 27 of this Code would result in unnecessary hardship to the appellant.
1. — No change.
2. No relief may be granted when the result of granting the requested relief is detrimental to
the public good or when the relief is contrary to the purpose and intent of this Chapter or
Chapter 26 or 27, as applicable.
3. In granting any varianceVARIANCE, the Board of Adjustment may prescribe appropriate
conditions and safeguards in conformity with this Chapter and Chapters 26 and 27 of this
Code. ViolationVIOLATION of such conditions and safeguards, when made a part of the
terms under which the varianceVARIANCE is granted, shall be deemed a
violationVIOLATION of this Chapter and said Chapters 26 and 27 and punishable under
Article X of this Chapter.
4. Under no circumstances shall the Board of Adjustment grant a varianceVARIANCE to
allow a USE not permissible under the terms of this Chapter in the district involved, or any
USE expressly or by implication prohibited by terms of this Chapter andor said Chapters
26 and 27.
5. No appeal of an administrative decision to the Board of Adjustment shall be allowed for
BUILDING USE or LOT USE violationsVIOLATIONS that may be prosecuted under the
terms of Article X of this Chapter.
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6. No nonconformingNONCONFORMING USE of NEIGHBORINGneighboring LOTS,
STRUCTURES or BUILDINGS in the same district, and no permitted or
nonconformingNONCONFORMING USE of LOTS, STRUCTURES or BUILDINGS in
other districts shall be considered grounds for the issuance of a varianceVARIANCE.
7. No varianceVARIANCE from Chapters 26 and 27 of this Code shall be allowed where the
term from which the variancoVARIAN E is sought is one that was raised as an issue
during the PUD zone or final plat process.
Amend Sec. 23-6-20. Appeals of administrative decisions.
APPEALSAppeals to the Board of Adjustment brought under the provisions of Section 23-6-
10,-A. above mustshall be made within thirty (30) days of the order, requirement, decision or
refusal alleged to be in error. APPEALSAppeals of administrative decisions shall be made and
processed as set forth below.
A. Application Requirements. Applications to APPEALappeal administrative decisions shall be
in written form according to the following requirements:
1. An application for appeal on the form as prescribed and furnished by the Department of
Planning Services with the property owner's signature. If an authorized agent signs, a
letter of authorization signed by all fee owners shall be included with the application. If the
property is owned by a corporation, evidence that the signatory has the legal authority to
sign for the corporation shall be included.
42. A citation of the Code section of this Chapter which is the subject to the disagreement.
23. A written description of the grounds for the APPEALappeal; and the reasons held by the
appellant for the favored interpretation.
4. Any other information determined to be necessary by the Board of Adjustment that will aid
the Board of Adjustment in making a decision which will not impair the intent and purpose
of this Chapter.
5. The application fee.
B. Duties of the Department of Planning Services. The Department of Planning Services shall:
1. Review the application and determine that it is complete before scheduling consideration
of the APPEALappeal by the Board of Adjustment.
2. — No change.
3. Review the application for consideration of the APP-EA►Lappeal and prepare comments for
use by the Board of Adjustment, addressing all aspects of the APPEALappeal, its
conformance with sound land use planning practices, the effect of granting or denying the
ARPEALappeal, its conformance with Chapter 22 of this Code and MASTER PLANS of
affected municipalities.
4. Post a sign on the property under consideration in a location readily visible from the
adjacent PUBLIC STREET/ROAD RIGHT-OF-WAY. The sign will be posted at least ten
(10) days preceding the hearing date. In the event the property under consideration is not
adjacent to a PUBLIC STREET/ROAD RIGHT-OF-WAY, a second sign at the point at
which the driveway► (access drive) intersects a PUBLIC STREET/ROAD RIGHT-OF-WAY
will be posted. The sign posting will be evidenced with a photograph.
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C. Duties of the Board of Adjustment. The Board of Adjustment shall hold a public hearing to
consider the APPEALappeal. The concurring vote of four (4) members of the Board of
Adjustment shall be necessary in order to decide in favor of the appellantapplicant on any
APPEALappeal of an administrative decision. The Board's decision shall be based only upon
the information presented at the public hearing and its interpretation of Chapter 23 of this
Code.
Amend Sec. 23-6-30. Appeals for interpretation of zone district boundaries or lot lines.
APPEALSAppeals to the Board of Adjustment brought pursuant to Subsection 23-6-10.B
above shall be made and processed as set forth below:
A. Application Requirements. APPEALSAppeals for interpretation of zone district boundaries or
of LOT lines shall be made in written form according to the following requirements:
1. An application for APPEALappeal on the form as prescribed and furnished by the
Department of Planning Services with the property owner's signature. If an authorized
agent signs, a letter of authorization signed by all fee owners shall be included with the
application. If the property is owned by a corporation, evidence that the signatory has the
legal authority to sign for the corporation shall be included..
2. and 3. — No change.
4. The application fee.
B. Duties of the Department of Planning Services. The Department of Planning Services shall:
1. Review the application and determine that it is complete before scheduling consideration
of the APPEALappeal by the Board of Adjustment.
2. — No change.
3. Review the application for consideration of the APPEALappeal and prepare comments for
USEuse by the Board of Adjustment, addressing all aspects of the appeal, its conformance
with sound land USE planning practices, the effect of granting or denying the
APPEALappeal, its conformance with Chapter 22 of this Code and MASTER PLANS of
affected municipalities.
4. Post a sign on the property under consideration in a location readily visible from the
adjacent PUBLIC STREET/ROAD RIGHT-OF-WAY. The sign will be posted at least ten
(10) days preceding the hearing date. In the event the property under consideration is not
adjacent to a PUBLIC STREET/ROAD RIGHT-OF-WAY, a second sign at the point at
which the driveway (access drive) intersects a PUBLIC STREET/ROAD RIGHT-OF-WAY
will be posted. The sign posting will be evidenced with a photograph.
C. Duties of the Board of Adjustment. The Board of Adjustment shall hold a public hearing to
consider the ARREALappeal. The concurring vote of four (4) members of the Board of
Adjustment shall be necessary in order to decide in favor of the appellant on any
APPEALappeal for interpretation of zone district boundaries or letLOT lines. The Board's
decision shall be based upon only the information presented at the public hearing and its
interpretation of Chapter 23 of this Code.
Amend Sec. 23-6-40. Appeals for variance.
Appeals to the Board of Adjustment brought pursuant to Subsection 23-6-10.C above shall be
made and processed as set forth below.
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A. Application Requirements. Appeals for variai iceAn application for a VARIANCE in the
application of specific terms or requirements in this Chapter shall be made in written form
according to the following requirements:
1. An VARIANCE application for APPEAL on the form as prescribed and furnished by the
Department of Planning Services with the property owner's signature. If an authorized
agent signs, a letter of authorization signed by all fee owners shall be included with the
application. If the property is owned by a corporation, evidence that the signatory has the
legal authority to sign for the corporation shall be included.
2. A plot plan showing the location of existing features, such as STRUCTURES, fences,
streams, PUBLIC or private rights-of-wayRlG HTS-OF-WAY and STREETS/ROADS,
access, etc. The plot plan shall include all proposed STRUCTURES.
3. and 4. — No change.
. A statement that demonstrates that literal interpretation of the provisions of this Chapter
would deprive the appellant of rights commonly enjoyed by other propertiesproperty
owners in the same zoning district under the terms of this Chapter.
. and 7. — No change.
. Evidence that demonstrates that the variancoVARIANCE requested is the minimum
varianceVARIANCE that will make possible the reasonable useUSE of the LOT,
BUILDING or STRUCTURE.
9. — No change.
10. The application fee.
B. Duties of the Department of Planning Services.
1. The Department of Planning Services shall review the application and determine that it is
complete before scheduling consideration of the APPEALappeal by the Board of
Adjustment.
2. The Department of Planning Services shall arrange for publication of notice of the public
hearing to be held by the Board of Adjustment once in the newspaper designated by the
Board of County Commissioners for publication of legal notices. The date of publication
shall be at least ten (1Q10) days prior to the scheduled hearing.
3. The Department of Planning Services shall mail by first class, ten (10) days prior to the
scheduled hearing, a notice of the public hearing to the owners of the surface estate
located within five hundred (500) feet of the parcel under consideration for the
variancoVARIANCE. The Department's source of the ownership information shall be the
application for varianceVARIANCE submitted by the appellant.
4. The Department of Planning Services shall review the application for consideration of the
APPEALVARIANCE and shall prepare comments for use by the Board of Adjustment,
addressing all aspects of the APPEALVARIANCE, its conformance with sound land USE
planning practices, the effect of granting or denying the APPEALVARIANCE and its
conformance with Chapter 22 of this Code and MASTER PLANS of affected
municipalities.
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5. Post a sign on the property under consideration in a location readily visible from the
ad'acent PUBLIC STREET/ROAD RIGHT-OF-WAY. The sign will be posted at least ten
(10) days preceding the hearing date. In the event the property under consideration is not
adracent to a PUBLIC STREET/ROAD RIGHT-OF-WAY, a second sign at the point at
which the driveway (access drive) intersects a PUBLIC STREET/ROAD RIGHT-OF-WAY
will be posted. The sign posting will be evidenced with a photograph.
C. Duties of the Board of Adjustment. The Board of Adjustment shall hold a public hearing to
consider the A -PP _ ALVARIANCE. The concurring vote of three (3) members of the Board of
Adjustment shall be necessary in order to decide in favor of the appellant on any APPEAL for
variancoVARIANCE. An appeal for variancoVARIANCE of the terms of this Chapter, Chapter
26 or Chapter 27 of this Code shall not be granted until and unless the Board of Adjustment,
based only upon the information presented at the public hearing and its interpretation of
Chapter 23 of this Code, has found and determined that:
1. — No change.
2. Literal interpretation of the provisions of this Chapter would deprive the appellant of rights
commonly enjoyed by other ns property owners in the same zoning district under
the terms of this Chapter.
3. — No change.
4. The reasons set forth in the application and testimony justify the granting of the
s r ie=VARIANCE, and the variancoVARIANCE is the minimum variancoVARIANCE
that will make possible the reasonable USE of the LOT, BUILDING or STRUCTURE.
5. The granting of the varianceVARIANCE will be in harmony with the purpose and intent of
this Chapter, and will not be injurious to the NEIGHBORHOOD or otherwise detrimental
to the public health, safety or welfare.,
Amend Sec. 23-6-50. Reserved.
ARTICLE VII - Nonconforming Lots, Uses and Structures
Amend Sec. 23-7-10. Intent.
Within the zoning districts established by this Chapter or amendments thereto, there exist
LOTS, STRUCTURES, USES of land or STRUCTURES, and characteristics of USE which were
lawful before zoning regulations were passed or amended, but which would be prohibited,
regulated or restricted under the terms of this Chapter or future amendment. It is the intent of this
Article to permit these nonconformities to continue until they are removed or abandoned, but not
to encourage their survival. It is further the intent of this Article that nonconformities shall not be
enlarged upon, expanded or extended, nor be used as justification for adding other
STRUCTURES or USES prohibited elsewhere in the same zoning district.
NonconformingNONCONFORMING USES are declared by this Article to be incompatible with
permitted USES in the zoning districts involved.
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Amend Sec. 23-7-20. Nonconforming Iots.REPEALED.
In any district in which SINGLE FAMILY DWELLINGS are permitted, a SINGLE FAMILY
DWELLING and customary accessory STRUCTURES may be erected on any single LEGAL LOT,
notwithstanding limitations imposed by other provisions of this Chapter. This provision shall apply
even though such LOT fails to meet the requirements for LOT area that are applicable in the
zoning district, provided that bulk requirements other than those which apply to LOT area shall be
met. Variance of bulk requirements shall be obtained only through action of the Board of
Adjustment.
Amend Sec. 23-7-30. Nonconforming uses of land.
Where at the time of passage of this Chapter, or of passage of future amendments of this
Chapter, a lawful useUSE of land exists which would not be permitted by the regulations imposed
by this Chapter or future amendment, the useUSE may be continued so long as it remains
otherwise lawful, provided that the following conditions are met:
A. Extension or expansion..
1. No such nonconforming seNONCONFORMING USE shall be enlarged or increased, nor
extended to occupy a greater area of land than was occupied at the effective date of
adoption of the ordinance codified herein or amendment of this Chapter_ without first
having received a special review permit pursuant to the procedure established in Article
II, Division 4 of this Chapter.
2. A nonconformingNON ONFORMING USE shall not be extended or enlarged after
adoption of the ordinance codified herein or amendment of this Chapter by erection of
additional SIGNS intended to be seen from off the premises, or by the addition of other
USES which would be prohibited in the zoning district involved.
3. No such nonconformingNONCONFORMING USE shall be moved in whole or in part to
any portion of the LOT or parcel other than that occupied by such USE at the effective
date of adoption of the ordinance codified herein or amendment of this Chapter.
B. Substitution of USES.
1. A nonconformingNONCONFORMING USE may as a Use by Special Review be changed
to another USE which does not conform to the USES allowed in the zoning district,
provided that the Board of County Commissioners shall find that the proposed USE is
equally appropriate or more appropriate to the zoning district and NEIGHBORHOOD than
the existing nonconformingNON ONFORMING USE. In permitting such change, the
Board of County Commissioners may require appropriate conditions and safeguards in
accordance with the provisions of this Chapter.
2. Whenever a nonconformingNONCONFORMING USE is replaced by a permitted USE, the
noticonformingNONCONFORMING USE may not be reestablished. The permitted USE
shall thereafter conform to the provisions of this Chapter.
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C. Abandonment. No nonconformingNONCONFORMING USE of land shall cease so long as
the property and associated STRUCTURES associated with the
n onconformingNONCONFORMING USE are being maintained in accordance with this Code.
If any such nonconformingNONCONFORMING USE of land ceases for any reason for a
period of more than six (6) months, and the property and associated STRUCTURES are not
adequately maintained, the nonconforming useNONCONFORMING USE shall cease. Any
subsequent USE of such LOT or parcel shall conform to the regulations specified by this
Chapter for the zoning district in which such LOT or parcel is located.
Amend Sec. 23-7-40. Nonconforming structures.
Where a lawful STRUCTURE exists at the effective date of adoption of the ordinance codified
herein or amendment of this Chapter that could not be built under the terms of this Chapter by
reason of restrictions on area, LOT coverageCOVERAGE, height, its location on the LOT or other
requirements concerning the STRUCTURE, such STRUCTURE may continue to exist so long as
it remains otherwise lawful, subject to the following provisions:
A. Repair and Restoration. Should such nonconformingNONCONFORMING STRUCTURE or
n onconforming portion of a STRUCTURE be destroyed by any means to an extent more than
fifty Percent (50%) of its replacement cost at the time of destruction, it shall not be restored
except in conformance with the provisions of this Chapter. Ordinary repairs the value of which
do not exceed fifty percent (50%) of replacement cost of the STRUCTURE may be permitted.
B. Expansion or enlargement. No such nonconformingNONCONFORMING STRUCTURE or
n onconforming portion of a STRUCTURE may be expanded, enlarged or altered in a way
which increases its nonconformity, except that those STRUCTURES that are nonconforming
by reason of noncompliance with existing SETBACK requirements may be expanded or
enlarged so long as such expansion or enlargement does not further diminish the
n onconforming SETBACK. No expansion or enlargement of STRUCTURES shall be allowed
within an existing right of-wayRIGHT-OF-WAY.
C. Substitution of STRUCTURES. Should such nonconformingNONCONFORMING
STRUCTURE be moved for any reason, for any distance whatever, it shall thereafter conform
to the regulations for the zoning district in which it is located after it is moved.
D. — No change.
Amend Sec. 23-7-50. Nonconforming uses of structures.
If a lawful USE of a STRUCTURE or STRUCTURE and premises in combination exists on the
effective date of adoption of the ordinance codified herein or amendment of this Chapter that
would not be allowed in the zoning district under the terms of this Chapter, the USE of such
STRUCTURE or STRUCTURE and premises may be continued so long as it remains otherwise
lawful, subject to the following provisions:
A. Repair and Restoration. An existing STRUCTURE devoted to a USE not permitted by this
Chapter in the zoning district in which it is located which is destroyed by any means to an
extent greater than fifty percent (50%) of its replacement cost at time of destruction shall not
be restored, except to gain conformance with all provisions of this Chapter. The
n onconformingNONCONFORMING USE m yshall not be reestablished after restoration.
Ordinary repairs, the value of which do not exceed fifty percent (50%) of replacement cost of
the STRUCTURE, may be permitted.
B. Expansion or Enlargement.
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1. A NONCONFORMINGnonconforming USE may be extended throughout any parts of a
STRUCTURE which were manifestly arranged or designed for such USE at the time of
adoption of the ordinance codified herein or amendment of this Chapter, but no such USE
shall be extended to occupy any land outside such STRUCTURE: without first havi-ng
received a Special Review Permit pursuant to the procedures established in Article II,
Division 4 of this Chapter.
2. A nonconformingNONCONFORMING USE shall not be extended or enlarged after
adoption of the ordinance codified herein or amendment of this Chapter by erection or
attachment of additional SIGNS intended to be seen off the premises, or by the addition
of other USES which would be prohibited in the zoning district involved.
3. No such nonconformingNONCONFORMING USE shall be moved in whole or in part to
any portion of the letLOT or parcel other than that occupied by such USE on the effective
date of adoption of the ordinance codified herein or amendment of this Chapter.
C. Substitution of USES.
1. A nonconformingNONCONFORMING USE may, as a Use by Special Review, be changed
to another USE which does not conform to the USES allowed in the zoning district.
However, the Board of County Commissioners shall find that the proposed USE is equally
appropriate or more appropriate to the zoning district and NEIGHBORHOOD than the
existing nenco-nformingNONCONFORMING USE. In permitting such change, the Board
of County Commissioners may require appropriate conditions and safeguards in
accordance with the provisions of this Chapter.
2. Whenever a nonconformingNONCONFORMING USE is replaced by a permitted USE, the
nonconformingNONCONFORMING USE may not be reestablished. The permitted USE
shall thereafter conform to the provisions of this Chapter.
D. Abandonment. When a nonconformingNONCONFORMING USE of a STRUCTURE or
STRUCTURE and premises is discontinued or abandoned for any reason for a period of more
than one (1) year, any subsequent USE of such STRUCTURE or STRUCTURE and premises
shall conform to the regulations specified by this Chapter for the zoning district in which such
STRUCTURE or STRUCTURE and premises are located.
ARTICLE VIII - Vested Property Rights
Amend Sec. 23-8-20. Definitions.
As used in this Article, unless the context otherwise requires:For the purposes of this Article
VIII, certain terms or words used herein shall be interpreted as defined in Section 23-1-90.
LAN D NJ E - ►-n-o-w-ner of a leg a I or -equ1t a b-Le--4n-tere st in real -PROP E R- an d-i-n- I ude s
the heirs, successors and assigns of such ownership interests.
LOCAL GOVERNMENT : Any county, city and county, city or town, whether statutory or home
rule, acting through its governing body or any board, commission or agency thereof having final
approval authority over a SITE SPECIFIC DEVELOPMENT PLAN, including without limitation any
PROPERTY : All real PROPERTY subject to land USE regulation by a LOCAL
GOVERNMENT.
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SITE SPECIFIC DEVELOPMENT PLAN : A Use by Special Review (including OPEN MINING
and MAJOR FA-I-LmES OF : PUE-L UTI IT P I -C EN -C` ), PLANNED UNIT
DEVELOPMENT Final Plan, SUBDIVISION final plat, rosubdivision or minor subdivision
application which has been submitted to the County and receives approval or conditional approval
by the Board of County Commissioners. Final or conditional approval by the Board of County
Commissioners creates vested rights pursuant to Article 68 of Title 24, C.R.S. No other type of
land USE application shall be considered a SITE ePECIFIC DEVELOPMENT PLAN.
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.
Amend Sec. 23-8-30. Duration, termination.
A PROPERTYproperty right which has been vested as provided for in this Article shall remain
vested for a period of three (3) years. This vesting period shall not be extended by any
amendments to a SITE SPECIFIC DEVELOPMENT PLAN unless expressly authorized by the
Board of County Commissioners.
Amend Sec. 23-8-60. Development agreements.
The Board of County Commissioners may enter into development agreements with
landowners providing that PROPERTYproperty rights shall be vested for a period exceeding three
(3) years where warranted, in light of all relevant circumstances, including, but not limited to, the
size and phasing of the DEVELOPMENT, economic cycles and market conditions. Such
development agreements shall be adopted as legislative acts subject to referendum as provided
for in the Home Rule Charter.
Amend Sec. 23-8-90. Other provisions unaffected.
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Approval of a SITE SPECIFIC DEVELOPMENT PLAN shall not constitute an exemption from
or waiver of any other provisions of this Chapter pertaining to the DEVELOPMENT and USE of
property. The establishment of a VESTED PROPERTY RIGHT shall not preclude the application
of ordinances or regulations which are general in nature and are applicable to all
PROPERTYproperty subject to land USE regulation by a LOCAL GOVERNMENTthe COUNTY
including, but not limited to, building, fire, plumbing, electrical and mechanical codes.
ARTICLE X - Enforcement
Amend Sec. 23-10-20. Criminal penalties.
A. It is unlawful to erect, construct, reconstruct or alter any BUILDING or STRUCTURE in
violationVIOLATION of any provision of this Chapter. Any person, firm or corporation violating
any provision of this Chapter is guilty of a misdemeanor and, upon conviction thereof, shall
be punished by a fine of not more than one hundred dollars ($100.00), or by imprisonment in
the County jail for not more than ten (10) days, or by both such fine and imprisonment. Each
day during which such illegal erection, construction, reconstruction or alteration continues
shall be deemed a separate offense.
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B. It is unlawful to use any BUILDING, STRUCTURE or land in violationVIOLATION of any
provision of this Chapter. Any person, firm or corporation violating any provision of this
Chapter is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine
of not more than one hundred dollars ($100.00), or by imprisonment in the County jail for not
more than ten (10) days, or by both such fine and imprisonment. Each day during which such
illegal USE of any BUILDING, STRUCTURE or land continues shall be deemed a separate
offense.
C. Whenever the Department of Planning Services, through one (1) of its employees, has
personal knowledge of any violationVIOLATION of this Chapter, it shall give written notice to
the violator to correct such violationVIOLATION within thirty (30) days after the date of such
notice. Should the violator fail to correct the violationVIOLATION within such thirty -day period,
the Department of Planning Services may request that the Sheriff's office issue a summons
and complaint to the violator, stating the nature of the violationVIOLATION with sufficient
particularity to give notice of said charge to the violator. The summons and complaint shall
require that the violator appear in court at a definite time and place stated therein to answer
and defend the charge. One (1) copy of said summons and complaint shall be served upon
the violator by the Sheriffs office in the manner provided by law for the service of a criminal
summons. One (1) copy each shall be retained by the Sheriff's office and Department of
Planning Services and one (1) copy shall be transmitted to the Clerk of the Court.
D. — No change.
E. Any person who violates any provision of Article IX of this Chapter commits a Class 2 petty
offense, and upon conviction thereof, shall be punishable by a fine of three hundred dollars
($300.00) for each separate v-ioI tionVlOLATION. Any arresting law enforcement officer shall
follow the penalty assessment procedure provided in Section 16-2-201, C.R.S., for any
violationVIOLATION of said Article IX.
Amend Sec. 2340-30. Equitable relief in civil action.
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A. In case any BUILDING or STRUCTURE is or is proposed to be erected, constructed,
reconstructed, altered or used, or any land is or is proposed to be used, in
violationVIOLATION of any provision of this Chapter, the County Attorney, or where the Board
of County Commissioners deems it appropriate, the District Attorney, in addition to the other
remedies provided by law, ordinance or resolution, may institute an injunction, mandamus,
abatement or other appropriate action or proceeding to prevent, enjoin, abate or remove such
unlawful erection, construction, reconstruction, alteration or USE.
B. The County Attorney, acting at the request of the Board of County Commissioners, or the
District Attorney, pursuant to Section 16-13-302, C.R.S., may bring an action in the District
Court for the COUNTY for an injunction against the operation of an ADULT BUSINESS,
SERVICE OR ENTERTAINMENT ESTABLISHMENT for repeat or continuing
violationsVlOLATIONS.
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Amend Sec. 23-10-40. Civil penalties.
A. It is unlawful to erect, construct, reconstruct, alter or use any BUILDING, STRUCTURE or
land in violationVIOLATION of this Chapter. In addition to any penalties imposed pursuant to
Sections 23-10-20 and 23-10-30 above, any person, firm or corporation violating any such
regulation, provision or amendment thereof or any provision of this Chapter may be subject
to the imposition, by order of the COUNTY Court, of a civil penalty in an amount of not less
than twenty-five dollars ($25.00), nor more than one thousand dollars ($1,000.00). It is within
the discretion of the County Attorney to determine whether to pursue the civil penalties set
forth in this Article, the remedies set forth in Sections 23-10-20 and 23-10-30 above, or both.
Each day after the issuance of the order of the COUNTY Court during which such unlawful
activity continues shall be deemed a separate violationVIOLATION and shall, in accordance
with the subsequent provisions of this section, be the subject of a continuing penalty in an
amount not to exceed one hundred dollars ($100.00) for each such day. Until paid, any civil
penalty ordered by the COUNTY Court and assessed under this Subsection A. shall, as of
recording, be a lien against the property on which the violationVIOLATION has been found to
exist. In case the assessment is not paid within thirty (30) days, it may be certified by the
County Attorney to the County Treasurer, who shall collect the assessment, together with a
ten -percent penalty for the cost of collection, in the same manner as other taxes are collected.
The laws of the State for assessment and collection of general taxes, including the laws for
the sale and redemption of property for taxes, shall apply to the collection of assessments
pursuant to this Subsection. Any lien placed against the property pursuant to this section shall
be recorded with the County Clerk and Recorder.
E. In the event any BUILDING or STRUCTURE is erected, constructed, reconstructed, altered
or used or any land is used in violationVIOLATION of this Chapter, the County Attorney, in
addition to other remedies provided by law, may commence a civil action in COUNTY Court
for the County, seeking the imposition of a civil penalty in accordance with the provisions of
this Section.
C. The Department of Planning Services, through one (1) of its employees designated by
resolution of the Board of County Commissioners, shall, upon personal information and belief
that a violationVIOLATION of any regulation or provision of this Chapter has occurred, give
written notice to the violator to correct such ' iolationVIOLATION within ten (10) days after the
date of such notice. If the violator fails to correct the violationVIOLATION within such ten-day
period or within any extension period granted by the Department of Planning Services, the
violator shall be given a second written notice that the violationVIOLATION matter has been
referred to the County Attorney for legal action, unless the violator requests, in writing, a
meeting with the Director of the Department of Planning Services. Following such meeting,
the Director of the Department of Planning Services may grant the violator additional time to
cure the violationVIOLATION or may request that the County Sheriff or the County Attorney
issue a summons and complaint to the violator, stating the nature of the violationVIOLATION
with sufficient particularity to give notice of such charge to the violator.
D — No change.
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E. If the County Court finds, by a preponderance of the evidence, that a violationVIOLATION of
any regulation or provision of a zoning resolutionthis Chapter, or amendment thereto, as
enacted and adopted by the Board of County Commissioners, has occurred, the Court shall
order the violator to pay a civil penalty in an amount allowed pursuant to Subsection A above.
Such penalty shall be payable immediately by the violator to the County Treasurer. In the
event that the alleged violationVIOLATION has been cured or otherwise removed at least five
(5) days prior to the appearance date in the summons, then the County Attorney shall so
inform the Court and request that the action be dismissed without line or appearance of the
defendant.
F. Upon the filing with the Court of a receipt issued by the County Treasurer showing payment
in full of a civil penalty assessed pursuant to this Section and upon the filing of an affidavit of
the Department of Planning Services that the violationVIOLATION has been cured, removed
or corrected, the court shall dismiss the action and issue a satisfaction in full of the judgment
so entered.
G. If a receipt showing full payment of the civil penalty or the affidavit required by Subsection F
above is not filed, the action shall continue and the Court shall retain jurisdiction to impose an
additional penalty against the violator in the amount specified in Subsection A of this Section.
Such additional penalty shall be imposed by the Court upon motion filed by the COUNTY and
proof that the violationVIOLATION has not been cured, removed or corrected. Thereafter, the
action shall continue the penalty and any additional penalties so assessed and the filing of an
affidavit of the Department of Planning Services that the vielatieWIOLATION has been cured,
removed or corrected.
ARTICLE XI - Floodplain Management Ordinance
Division - General Provisions
Amend Sec. 23-11-310. Definitions.
Unless specifically defined below or in Section 23-1-90 of this Code, words or phrases used
in this ORDINANCE shall be interpreted to give them the moaning they have in common usage
and to give this ORDINANCE its most reasonable application. The following specific words or
phrases in-u-pprrcase--lellsr-s-shall-h-av-e-t Is -m antn-gs as stated in this-SectFor the purposes
of this Article XI, certain terms or words used herein shall be interpreted as defined in Section 23-
1-90.
100 -YEAR FLOOD: A FLOOD -ha i-ng -recu rre n _ ce-i-ntie rva I-that-has-a--o-n _ e-p-er nt h a n ce 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 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) --ears.
500 YEAR FLOODPLAIN: The area of land susceptible to inundation as a result of the 500
YEAR FLOOD.
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ADDITION: Any activity that expands the enclosed footprint or increases the horizontal
square footage of an exi
ALTERATION —OR —RELOCATION OF WATERCOURSE : Any—DEVEL--ORME—NNT hi
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.
BASE FLOOD: The -FLOOD having a one -percent -chance -of -being -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 ne--percent chance of
equaling or exceeding that level in any given year.
BASEMENT: Any floor level below the first story or main floor of a BUILDING, having its floor
sub -grade (beIow-gcarnd revel) o n--atl _ sides. The Low est -fl e o a -re s i d e n ti- al---b-u-itd i n -g -i-n-cru-d in -g must be one (1) foot above the BASE FLOOD ELEVATION (BFE).
BEST AVAILABLE DATA: Any FLOOD data available from the federal or state governments
or any other source that is utilized by the FLOODPLAIN ADMINISTRATOR to determine the
BASE FLOOD WATER SURFACE ELEVATION or FLOODWAY location. The sources of data
may include, but are not limited to:
and regulations;
b. State publications and regulations; and
c. Other published or unpublished FLOOD studies.
CHANNEL: The physical confines of a stream or waterway consisting of a bed and stream
sting i-n a variety -of geometries.
CHANNELIZATION: The artificial creation, enlargement or realignment of a stream
CHANNEL.
CONDITIONAL LETTER OF MAP REVISION (CLOMR): FEMA's comment on a proposed
not revise an effective FLOODPL-A---- ma
con construction, affect
the hydrologic or hydraulic characteristics of a FLOODING source and thus result in the
modification n of _ tai e existing regul-ato-r -FLOG D P LAI N .
CRAWLSPACE, BELOW GRADE: A BELOW GRADE CRAWL -SPACE is a crawlspace that
has an interior grade no more than two (2) feet lower than the exterior grade and is below the
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
S-ery B) Hazardous Materials; (C) At-Rts Po utations; a-n-d-(D)--Vit-a14o Restoring -Normal
Services.
a. Essential Services CRITICAL FACILITIES.
1) Essential Service CRITICAL FACILITIES include, but are not limited to:
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i
a) Public safety facilities such as police stations, fire and rescue stations,
emergency ve h i cles an-dastorage 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,
treatment plants, substations and pumping stations for water, power and gas,
but not including the towers, poles, power lines, buried pipelines, transmission
U-i-n-es-Hd-istr-i-but-i-o-n-I-ines and s erd n e ;and
f) Air transportation lifelines such as airports (municipal and larger), helicopter
pads and STRUCTURES serving emergency functions, and associated
i nfra-struct' 're-(aviation-co-ntroI towe r -,atr r-affi-e-con-trot--ce-nt
equipment aircraft hangars).
Specific exemptions to Essential Service CRITICAL FACILITIES include
ts, reatment 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 knterrupted 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
ffe to 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) Refineries;
d) Hazardous waste storage and disposal sites;
e) Aboveground gasoline or propane storage or sales centers;
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f) Facilities which produce or store chemicals in quantities in excess of regulated
threshold limits. if _ the owner -of --a facility is requ-irecH -OSHA to keep a Material
Safety Data Sheet (MSDS) on file for any chemical stored or used in the
workplace and the chemical is stored in quantities equal to or greater than the
regulated United States Environmental Protection Agency Threshold Planning
Quantity for that chemical, then that facility will be considered a CRITICAL
FACILITY.
2) Specific exemptions to Hazardous Materials CRITICAL FACILITIES include:
a) Finished consumer products within retail centers and households containing
hazardous materials intended for household use and agricultural products
intended for agricultural use;
b) Buildings or other structures containing hazardous materials for which it can be
demonstrated to the satisfaction of the COUNTY by hazard assessment and
certification by a qualified professional that a release of the subject hazardous
material does not pose a major threat to the public; or
c) Pharmaceutical sales, use, storage and distribution centers that do not
m a n ufactu-re-p-h-ar ti- al---pmd-u-cts.
c. At Risk Populations CRITICAL FACILITIES.
1) At risk population facilities include, but are not limited to:
b) Congregate care serving twelve (12) or more individuals, including day care
and assisted living facilities; and
c) -Pu bl-io-&-n-d-pr sate schools, i n cIu d i nQ-pre-s K- Rd -before- a n d
after -school daycare serving twelve (12) or more children.
d. CRITICAL FACILITIES Vital to Restoring Normal Services.
1) CRITICAL FACILITIES Vital to Restoring Normal Services include, but are not
11-m ited-to :
a) Essential government operations, including public records, courts, jails,
BUILDING permitting, inspections services, community administration and
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 exe m--pted f rom- th-e--de-f i n it i o n of SAL FAG -It -Ft -ES -ft -it _ is
demonstrates teat 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 -s -te-ms- -i-11 pro -vide sear-ice-to--t-h-e- affectedarea in _ the
event of a FLOOD. Evidence of ongoing redundancy shall be provided upon request.
i
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a Exemptions listed for particular categories of CRITICAL FACILITIES shall not apply to
STRUCTURES or related—i-nf-rastructure that also function as CRITICAL FACILITIES
under another category outlined in this definition.
DEVELOPMENT: Any man-made change to improved or unimproved real estate, including
but not limited to BUILDINGS or other STRUCTURES, mining, dredging, filling, grading, paving,
ELEVATE: To build or raise a STRUCTURE to a minimum of one (1) foot above the BASE
FLOOD ELEVATION.
ELEVATED -E -U -1 L D I N -O : -A-R-11 D 1*vvit h-eu-t-a BA E ME -NT -a -n -d :
a. Built, hi-the-cae-of a BU -I L D -I N G i-n Zones A1- E, A, AN , ►mo o
have the top of the ELEVATED floor above the ground level by means of pilings, columns
(posts and -p ire -r) --c -he-a-r--Ll- -parallel to -the -floor of the -water; a n -d
b. Adequately anchored so as not to -impair t h e structural- ntegWof _ the E U -I -L D I G
a FLOOD of up to the magnitude of the BASE FLOOD.
In the case of Zones AI -30, AE, A, A99, AO, AH, B, C, X and D, ELEVATED BUILDING also
includes a BUILDING ELf-FI-LL or solid fie
openingssufficient to facilitate the unimpeded movement of FLOOD waters.
EXISTING CONSTRUCTION: Structures for which the START OF CONSTRUCTION
co-gni before the effective date of -t h e FLOOD INSURANCE TEM-AP (FtRZM)-EXISTINQ
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
of utilities, construction of streets and either final site grading or the pouring of concrete pads) is
completed before the effective date of the COUNTY adoption of this ORDINANCE.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR SUBDIVISION : The
preparation of additional sites by the construction of facilities for servicing the LOTS on which the
MANUFACTURED HOMES be ffI a (including,+ inimum, tie 'nstallation of utilities,
the construction of streets and either final site grading or the pouring of concrete pads).
FILL: Any material such as earth, clay, sand, concrete, rubble or waste of any kind which is
placed or stored upon the surface of the ground.
FLOATABLE MATERIALS: Any material that is not secured in place that could float offsite
during the occurrence of a FLOOD and potentially cause harm to downstream property owners
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 -the -SPECIAL FLOOD HAZARD AREAS—, t FL-OODWAY and theaem i u m zones
applicable to the COUNTY.
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FLOOD INSURANCE RATE MAP (FIRM): The official map on which FEMA has delineated
both the SPECIAL FLOOD HAZ RD ARE tI I��-crr►�itum on livable 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 -PRO \E AREA: Any and area susce pti ple to Jeing inuncatec 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 2911, 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 sewerfa-ci-Iit-ies, and STRUCTURES and their contents.
FL �► � �✓ (REGULATORY FL0ODWAY): DWAY): The C H-A-NTN-E-L —ot a river or —other
WATERCOURSE and the ADJACENT land areas that must be reserved in order to discharge the
BASE FLOOD without cumulatively in creasi n-g-t-h-e-WAT-E R IJ FACE -E L AT -I ON -more -than- a
studied reaches shall be one-half CAA) foot (six [6] inches). Holders of valid LETTERS OF MAP
REVISION to existing FLOODWAY delineations may continue to use the FLOODWAY criteria in
place at the time of the existing FLOODWAY delineation by FEMA. FEMA's mapped
FLOODWAYS are shown on the FIRM and FBFM maps.
HIGHEST ADJACENT GRADE: The highest natural elevation of 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 regir 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
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d. Individually listed on the State inventory of historic places in communities with historic
preservation programs -that have been certified by the State -
LETTER -Of MAP --CHANGE (LOMC): A-n--o-ffIoi-a-I revision -to currently -effective FDA-A-I-naps,
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
E I -R -M -a -n F A'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 change -i-n-FLal-eI i n e afio-n s and -elevations.
L--TT—ER--OF VAD REVISION BASED (O\ HI I _ (LO -MR -F): F-EM's -m-o d ifi-c-a-ttan--o-f-the
FLOODPLAIN shown on the FIRM based on the placement of FILL outside of the existing
regulat-o-r FLOO►DWAY—
LEVET-RU- -TURE, usually an earthen—�,nkme,+ ; fined and
constructed in accordance with sound engineering practices to contain, control or dived the flow
of water so as to provide protection from temporary FLOODING.
FLOODp-rotection system which consists of a LEVEE or LEVEES and
LOWEST FLOOR: The LOWEST FLOOR —o -f th-e—l-owest-- n-ol -d---area, i-n-cl u -ti -n a n y
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 nonelevatio req ire nt-of 44 CFR 60.3.
MAN-U-F-ACTURElCTUREtransportable in one (1) or -more seetionth
is built on a permanent chassis and is designed for use with or without a permanent foundation
wh e-n-con-nemeted-toth--req-ut-re-d---u-tThti e s . The -term -MANUFACTURED H O Ill[& does—flot-i n-clud-e---a
RECREATIONAL VEHICLE. For the purposes of compliance with the requirements of this Article,
the same rules applying to MANUFACTURED HOMES shall apply to MOBILE HOMES.
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.
MEAN SEA LEVEL: For purposes of the National Flood Insurance Program, 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.
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
PAfor which the construction of -fad -it -es for servicing
the MANUFACTURED HOMES are to be affixed (including, at a minimum, the installation of
utilities, the construction of streets and either final site grading or the pouring of concrete pads) is
completed on or after August 25, 1981.
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NCB -RISE CERTIFICATION: A record of the results of an engineering analysis conducted to
determine whether a project—aheights in a FLOC -D- AY. A NO -RISE
CERTIFICATION must 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.
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.
RECREATIONAL VEHICLE: A vehicle which is:
a. Built on a single chassis;
b. Four hundred (400) square feet or less when measured at the largest horizontal
projection;
c. Designed to be self-propelled or -permanently towable by a light -duty _ truck; and
d. Not primarily designed for use as a permanent dwelling but instead as temporary living
quarters for recreational, camping, travel or seasonal USE.
SPECIAL FLOOD HAZARD AREA: The land in the FLOODPLAIN within the COUNTY
subject _ to_a- o -n -e -percent -ar greater -chance of FLOODtN-G-i-n-an-iven-year. The area may be
designated as Zone A, AE, AH, AO or kl-A99 on the FIRM or FHBM. SPECIAL FLOOD HAZARD
AREAS are -p rio-d1caU mended by-FEMA via a LET. ER -OF-M I MAN E : The do -ig n-a-ted
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
shown but no FLOOD HAZARD factors have been determined by FEMA.
d. Zones AE and Al 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.
i
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START OF CONSTRUCTION ( pertaining to BUILDINGS or STRUCTURES ): The date the
BUILDING permit was issued, including B U FL G perm itsfor 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 F - sit include the installation of streets and/or -walkways; nor does it include
excavation for a BASEMENT, footings, piers or foundations or the erection of temporary forms;
nor does it include the installation on the property of accessory BUILDINGS, such as garages or
sheds not occupied as dwelling units or not part of the main STRUCTURE. For SUBSTANTIAL
IMPROVEMENTS, the actual START OF CONSTRUCTION means the first alteration of any wall,
ceiling, floor or other structural part of a BUILDING, whether or not that alteration affects the
external dimensions of the BUILDING.
STRUCTURE: Anything that is built, constructed or erected, an edifice or BUILDING of any
kind or any piece of work artificially built up or composed of -parts joined toget ;-n-s-amfinite
manner, but not including poles, lines, cables or distribution facilities of public utilities. Includes a
walled or roofed BUILD!a-gais principally aboveground and
MANUFACTURED HOMES.
SUBSTANTIAL DAMAGE: Damage of any origin sustained by a STRUCTURE whereby the
cost of restoring the STRUCTURE to its before -damaged condition would equal or exceed fifty
percent (50%) 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 percent (50%) of the market value of the
STRUCTURE before the START OF CONSTRUCTION of the improvement. This includes
STRUCTURES which have incurred SUBSTANTIAL DAMAGE, regardless of the actual repair
work performed. The term does not, however, include either:
a. Any project for improvement of a STRUCTURE to comply with existing state or local
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.
'VARIANCE : A grant of relief to a person from a requirement or requirements of this
ORDINANCE when specific enforcement would result in unnecessary hardship. A VARIANCE,
therefore, permits construction or DEVELOPMENT in a manner otherwise prohibited by this
ORDINANCE.
VIOLATION : The failure -of a STRUCTURE or other DEVELOP M E N T to be fully -co m-p-lia n -t
with this ORDINANCE.
i
can -flow, either regularly or infrequently.
-ACE ELEVATION : The-beight-in-Kelation _ to-the-N-at+onal 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.
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WATERTIGHT : Impermeable to the passage of water and capable of resisting the
hydrostatic and h 4r namt loads and -the effects -of buoyancy d-OO-D
i
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APPENDIX 23-C - PERMITTED SIGNS BY TYPE AND ZONE DISTRICT
SIGN
TYPE
A
R-1
R-2
R-3
R-4
R-5
E
C-1
C-2
C-3
C-4
I-1
1-2
ii
1-3
INS
BANNER
SIGN
no
no
no
no
no
no
no
yes/
yes/
/
yes!
y
yes/
yes/
yes/
z
z
z
z
z
z
z
z
BillboardBILLBOARD
(not
yes/
yes/
yes/
yes/
yes/
yes/
yes/
allowed
in
P'UD)
no
no
no
no
no
no
no
z
z
z
z
z
z
z
no
kd+ng
BU
I LD
I
N
G SIGN
no
no
no
no
no
no
yes/
yes/
yes/
yes/
yes/
yes/
yes/
yes/
1no
z
z
z
z
z
z
z
z
Building
Marker
BUILDING
MARKER
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
Ca-nopy
CANOPY
SIGN
no
no
no
no
no
no
no
yes/
yes/
yes/
yes/
yes/
yes/
yes/
no
z
z
z
z
z
z
z
Development-
DEVELOPMENT
SIGN
yes
/z
yes/ II
z
yes/
z
yes/
z
yes/
z
yes/
z
yes/
z
yes/
z
yes/
z
yes/
z
yes/
z
yes/
z
yes/
z
yes/
z
yes/
z
flag
FLAG
yes
yes
yes
yes
yes 'yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
Freestanding'FREESTANDI
yes!
yes/
yes/
yes/
yes/
yes/
yes/
yes/
N
SIGN
yes
no
no
no
no
no
no
z
z
z
z
z
z
z
z
teleatifieationIDENTIFICATIO
I
N
SIGN
yes I
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
f-neidenta
l
INCIDENTAL
yes
yes/
yes/
yes/
yes/
yes/
yes/
SIGN
/a
a
a
a
a
a
a
yes
yes
yes
yes
yes
yes
yes
yes
OFF
-SITE
DIRECTIONAL
SIGNOff-Site
Dflrectional
(not
yes
no
no
no
no
no
no
yes/
yes/
yes/
yes/
yes/
yes/
yes/
no
allowed
in
PUD)
!z
z
z
z
z
z
z
z
PoliticalPGLITICAL
SIGN
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
Estate
Promotional
REAL
ESTATE
yes
es/
1
y es/
es/
y es/
!! es/
es/
y es/
y es/
yes/
y
y es/
es!
y e
yes/
yes/
PROMOTION
SIGN
/z
z
z
z
z
z
z
z
z
z
z
z
z
z
z
ResidentialRES
I
DENTIAL
ION
yes
yes
yes
yes
yes
yes
yes
no
no
no
no
no
no
no
no
SuspendedSUSPENDED
yes/
yes/
yes/
yes/
yes/
yes/
yes/
yes/
SIGN
no
no
no
no
no
no
no
z
z
TTEM PG RARY
I
I
SIGN
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
WindowWINDOW
N
D CW SIGN
no
no
no
no
no
no
no
yes
yes
yes
yes
no
no
no
no
BEACONS, ROOF SIGNS, PENNANTS, inflatable, tethered balloons, PORTABLE SIGNS and
strings of light bulbs used for commercialCOMMER IAL purposes other than traditional holiday
decorations are not allowed in any zone district.
KEY TO ABBREVIATIONS
A
Agricultural
Zone District
R-1
Low -Density
Residential
Zone District
R-2
Duplex
Residential
Zone
District
R-3
Medium -Density
Residential
Zone District
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R-4
High -Density
Residential
Zone District
R-5
Mobile Home Residential
Zone District
E
Estate
Zone District
r
C-1
Neighborhood
Commercial
Zone District
-2
General Commercial Zone District
C-3
Business Commercial
Zone District
C-4
Highway
Commercial
Zone District
-1
Industrial
Zone
District
1-2
Industrial
Zone District
1-3
Industrial
Zone District
INS
Institutional
CHURCHES,
-
Churches,
schools,
cemeteries, and
recreation
facilities
SCHOOLS, CEMETERIES, PUBLIC
public parks public
PARKS and PUBLIC RECREATIONAL
FACILITIES
in
Agricultural
be
and
evaluated
Residential
by the underlying
Zone
Districts
and Planned
Unit
otherwise
Development
stated
(PUD)
Zone District
shall
use(s)USE(S)
unless
YES
Such
SIGN
is allowed
without
prior zoning approval
YES/Z
Such SIGN is allowed
only
with
prior zoning approval
NO
Such a SIGN
is not allowed
YES/A
No COMMERCIAL
MESSAGE
of any
kind
allowed
on SIGN
i
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i
i
APPENDIX 23-D - NUMBER AND DIMENSIONS OF INDIVIDUAL SIGNS BY ZONE DISTRICT
AND TYPE
SIGN TYPE
NUMBER ALLOWED
MAXIMUM
SIGN AREA
MAXIMUM
HEIGHT
BannerBANNER
SIGN
1
zone lotZONE
LOT
40 sq.
ft.
per
1
zone—lotZONE
LOT. No
300 sq.
ft.
40
ft.
per
billboardBILLBOARD
shall be
Billboard
BILLBOARD
(not
located
less than 500 ft.
from
allowed in PUD)
any
other
billboardBILLBOARD
or
off
-site directional
siOFF-
SITE
DIRECTIONAL SIGN.
B-u+IdingBUILDING SIGN
No
limit
On
wall,
all
SIGNS
require
zoning
shall
exceed
that
ft.
a
the sum
BUILDING
wall's
given
which
permit
8%
of
not
of
sq.
a
No
top
buildingBUILDING
higher
9
of
than the
the
Building
MarkerBUILDING
4 sq.
ft.
1
building
buildin
BUILDING
BUILDING
per
MARKER
Ca-nopyCAN SIGN
1per
BUILDING face
vertical
of
or
whichever
smaller
the
25
of
surface
canopy
sq.
the
ft.,
is
1 Planned
Unit
C & I - 150
ft. all other
zones - 32
ft.
sq.
sq.
C
others
& I - 25 ft. all
- 8 ft.
DevelopmentDEVELOPMENT
Develo►pmentPLANNED
per
UNIT
SIGN
DEVELOPMENT, Minor or
Major Subdivision
Fla-
FLAG
1
zone lotZONE
LOT
A, R,&
sq. ft.
C, I
sq. ft.
Total
&
total
INS
E- 15
- 60
A, R, & E - 15 ft.
C, I & INS - 30
ft.
per
Freestandin FREESTANDING
A, INS - 1
zone IotZONE
A
C
ft.
INS
- 16 sq.
& I - 150
- 32
ft.
sq.
sq.
ft.
C & I -
A - 6 ft.
INS - 15
25 ft.
ft.
per
LOT. C & I - 1
per ZONE LOT, 1
per
or 1
frontage,
each
500 ft.
per each
whichever
of road frontage
different
is greater.*
road
9
SIGN
IttentificationIDENTIFICATION
1
per
tenant
BUILDING
located
within the
sq.
ft.
4 ft.
SIGN
IncidentalINCIDENTAL
SIGN
N/A
N/A
N/A
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Off
Site
DirectionalOFF-SITE
C, I
& A - 1
zone lotZON E
''
�
ft.
�`
- 150
l
- 300
sq.
ft
sq.
C & I
A - 30
-
40
ft.
ft.
per
LOT.
No
off
site
directional
signsignoff-SITE
DIRECTIONAL SIGN shall
be
DIRECTIONAL SIGN (not
located
any
other
less
billboardBILLBOARD
than 500 ft.
from
allowed
in PUD zoning)
or off
site
directional
signOFF-
SITE DIRECTIONAL SIGN.
I-itLca-IPOLITICAL SIGN
No limits M
No
limits
No limits
Real
Estate PromotionalREAL
1
double-faced
per
public
access single- or
48
sq.
ft. each
12
ft.
ESTATE PROMOTION SIGN
(On -Premises)
Real
Estate
PromotionalREAL
2 single- or
have landowner
min. 300 ft. spacing
double-faced;
must
permission,
48
sq.
ft.
each
7
8
ft.
ESTATE PROMOTION SIGN
(Off -Premises)
ResidentialRESIDENTIAL
SIGN
1
per zone IotZONE LOT
1 sq.
ft.
6
ft.
Tem
ora TEMPORARY SIGN
1
er zone letZONE LOT
A,R,&E-4sq.
ft.
C, I &
sq. ft.
INS
-
8
►, R, E -
C, I & INS - 8
ft.
ft.
p
Wa IIWALL SIGN
N/A
N/A
Window WINDOW SIGN
N/A
25% of
window
area
total
KEY TO ABBREVIATIONS
A
Agricultural
Zone
District
R-1
Low -Density
Residential
Zone District
R-2
Duplex
Residential
Zone
District
R-3
Medium -Density Residential
Zone
District
R-4
High
-Density
Residential
Zone District
R-5
Mobile
Home Residential
Zone District
E
Estate
Zone District
C-1
Neighborhood Commercial Zone District
C-2
General Commercial Zone District
C-3
Business Commercial Zone District
C-4
Highway Commercial Zone
District
-1
Industrial
Zone District
i
1-2
Industrial
Zone District
'1-3
Industrial
Zone District
INS
Institutional
facilitiesCHURCHES,
FACILITIES
-
Churches,
schools, cemeteries, and
recreation
public parks public
SCHOOLS, CEMETERIES, PUBLIC PARKS and PUBLIC RECREATIONAL
in
shall
Agricultural
be evaluated
and
Residential
by
the underlying
Zone Districts
use(s)USE(S)
and
Planned
unless
Unit
otherwise
Development
stated.
(PUD)
Zone District
i
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i
i
* SIGNS calculated by road frontage must be constructed in the 500 feet of road frontage or on the different
road frontage, they may not be grouped.
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APPENDIX 23-E - PERMITTED SIGN CHARACTERISTICS BY ZONE DISTRICT
SIGN TYPE
R-
1
R-
2
R-
3
R-
4
R-
5
E
C
1
C
2
C
3
C
4
I-1
4
I
II
AnimatedANIMATED SIGN
no
no
no
no
no
no
no
no
no
no
no l
no
no
no
no
Changeable
CopyCHANGEABLE
COPY
no
no
no
no
no
no
no
yes
yes
yes
yes
yes
yes
yes
yes
SIGN
Illumination, Internal
a*
no
no
no
no
no
no
noyesyesyesyesyesyes
yes
no
Illumination,
External
"!
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
yes
i yes
Illumination,
Neon
Exposed
Bulbs or
no
no
no
no
no
no
no
no
no
no
no
no
no
no
no
KEY TO ABBREVIATIONS
A
Agricultural
Zone District
R-1
Low -Density
Residential
Zone District
R-2
Duplex
Residential
Zone District
R-3
Medium -Density
Residential
Zone District
R-4
High -Density Residential
Zone District
R-5
Mobile Home Residential
Zone District
E
Estate
Zone District
C-1
Neighborhood Commercial Zone District
C-2
General Commercial Zone District
0-3
Business Commercial Zone District
0-4
Highway Commercial Zone District
I-1
Industrial
Zone District
1-2
Industrial
Zone District
1-3
Industrial
Zone District
INS
Institutional
facilitiesCHURCHES,
-
Churches,
schools, cemeteries, and recreation
public parks public
SCHOOLS, CEMETERIES, PUBLIC PARKS and PUBLIC RECREATIONAL
FACILITIES
in Agricultural
shall be evaluated
and
Residential
by the
underlying
Zone Districts
u-ae{s--)USE(S)
and Planned
Unit
Development
stated
(PUD)
� )
Zone District
unless otherwise
YES
- such SIGN is allowed
NO
- such a SIGN is not
allowed
S
i
* - TEMPORARY SIGNS may not be illuminated.
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Add APPENDIX 23-G - LIST OF REFERRAL AGENCIES
A. Owners, operators, or users of any irrigation ditch, lateral, or pipeline that traverses the
property.
B. Any municipality or county whose boundaries are within three (3) miles of the site.
C. Weld County departments and offices, including but not limited to:
1. Building Inspection.
2. Code Compliance.
3. Floodplain Administrator.
4. Public Health and Environment.
5. Department of Public Works.
6. Extension office.
7. Office of Emergency Management.
8. Sheriffs Office.
D. State agencies, including but not limited to:
1. Colorado Department of Public Health and Environment.
2. Colorado Department of Transportation.
3. Colorado Geological Survey.
4. Colorado Oil and Gas Conservation Commission.
5. Colorado State Division of Wildlife.
6. Colorado State Engineer, Division of Water Resources.
7. Colorado Water Conservation Board.
8. History Colorado.
9. Public Utilities Commission.
E. Federal agencies, including but not limited to:
1. Bureau of Alcohol, Tobacco, Firearms, and Explosives.
2. Environmental Protection Agency.
3. Farm Service Agency (USDA).
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4. Federal Aviation Administration.
5. Federal Communications Commission.
6. Federal Emergency Management Agency.
7. Food and Drug Administration.
8. Natural Resources Conservation Service (USDA).
9. U.S. Army Corps of Engineers.
10. U.S. Bureau of Land Management.
11. U.S. Bureau of Reclamation.
12. U.S. Fish and Wildlife Service.
13. U.S. Forest Service.
14. Western Area Power Administration.
F. Airports.
O. Conservation districts.
H. Fire districts.
I. Poudre Trail Authority.
J. Railroads.
K. Special districts.
L. Utility companies.
M. Any other agencies or individuals whose review the Department of Planning, Services deems
necessary.
i
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CHAPTER 29
BUILDING REGULATIONS
ARTICLE I - General Provisions
Amend Sec. 29-1-20. Definitions.
As used in this Building Code, unless the context otherwise requires, the following definitions
shall apply:
Factory -built (modular) home means a manufactured home constructed to "factory -built
residential requirements" established by the State Housing Boarddesigned for installation and
installed on a permanent foundation and meeting IRC standards.
Manufactured home means a preconstructed building unit or combination of preconstructed
building units that:
a. Includes electrical, mechanical, or plumbing services that are fabricated, formed, or
assembled at a location other than the residential site of the completed home;
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; a n d
e. Is not licensed as a vehicle.
See also Factory -built (modular) home. structure, transportable in one (1) or more sections,
which is eight (8) body feet or more in width or forty (40) body feet or more in length, or, when
erected on site, is three hundred twenty (320) or more square feet, and which is built on a
permanent chassis and designed to be used as a dwelling with or without a permanent foundation
when connected to the required utilities, and includes the plumbing, heating, air conditioning and
electrical systems. (See also the definition of a factory -built home. )
NOTE: Applicants for building permits for manufactured homes are advised that the definition
for manufactured homes, as set forth in Ch-apter- 3---tf _ this Co-d-e-js the following:
Manufactured home means a single-family dwelling which: is practically or entirely
m a n u-faetu-re-d-hva-factory; is--n-ofless th-a-n- twe-nt -four(-244-#-ee-t-i- i-cith--and _ thirty-six (36) feet in
length; is installed on an engineered permanent foundation in compliance with ANSI A225.1,
1994, Manufactured Home Installations, Appendix C; has brick, wood or cosmetically equivalent
exterior siding and a pitched roof; and is certified pursuant to the National Manufactured Housing
Construction and Safety Standards Act of 1974 , 42 U.S.C. 5401 et seq., as amended. A
manufactured (mobile) home shall not be allowed to deteriorate to the condition of a derelict
manufactured (mobile) home.
i
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Manufactured homes meeting this definition qualify as single-family dwellings under Chapter
-of this Code. All oth —m u-factured home arm t t s --merle homes uncle -Jr -Chapter 23
whose use is limited to certain zone districts and may be required to obtain zoning approvals
issued in accordance with Chapter 23, Article IV, Division 3 of this code prior to the issuance of
building permits. (See Section 29 7 60)
ARTICLE II - Code Standards
Amend Sec. 29-2-110. Mobile and mManufactured home installation standards.
Any mobile or manufactured home located in or relocated within the County shall bear a Housing
and Urban Development (HUD) label and meet the following installation standards. The Building
fficial may authorize the use of different materials or methods which will accomplish substantially
the same result. The Building Inspection Department shall be authorized to act as the exclusive
inspection agency for the County pursuant to the Colorado Division of Housing Manufactured
Housing Installation Program. Any installation of a manufactured home in the county shall be
performed in strict accordance with the applicable manufacturer's installation instructions. Where
the manufacturer's instructions are not applicable, installation shall be in accordance with ANSI
A225.1 1994, as amended by the Colorado Division of Housing. A copy of the manufacturer's
instructions or the standards promulgated by the Colorado Division of Housing shall be available
at the time of installation and inspection.
A. — No change.
B. Foundations.
1. Basement or crawlspace foundations and any manufactured structure that requires a
Flood Hazard Development Permit for mobile er manufactured homes shall be designed
by an architect or engineer licensed by the State. Additionally, if a site specific soils report
is not provided, an "open hole" inspection shall be conducted by an architect or engineer
licensed by the State. Subsequent to that inspection, a written letter bearing the architect's
or engineer's stamp shall be presented to and approved by the Building Inspection
Department prior to backfilling around the foundation.
2. — No change.
3. An engineered foundation is required where unstable or expansive soil conditions are
encountered. Otherwise, it is permissible to use a foundation consisting of block piers and
tie -downs. This foundation shall be according to the manufacturer's installation manual.
When a mobile or manufactured home has been previously set up and the manufacturer's
installation manual is no longer available, the foundation shall meet the standards based
on ANSI A225.1-1994.
4. No change.
D. Skirting. Skirting shall be provided around the bottom of the mobile or manufactured home to
ground level Skirting shall be made of a material which is approved for exterior use by the
R. Skirting must have nonclosing vents located at or near each corner and as high as
possible. Open vent area must be equal to at least one (1) foot for every one hundred fifty
(150) square feet of the home's floor area.
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D. Retaining walls.
1. Retaining walls installed around the outside perimeter of mobile and manufactured homes
for the purpose of ground setting shall be constructed so as to resist loads due to lateral
pressure.
2. - No change.
E. - No change.
F. Minimum plumbing requirements. Every mobile and manufactured home used as a dwelling
unit shall be provided with a kitchen sink and a bathroom equipped with facilities consisting of
a water closet, lavatory and either a bathtub or shower. Each sink, lavatory and either a
bathtub or shower shall be equipped with hot and cold running water necessary for its normal
operation.
0. Approved sewage disposal. All mobile, manufactured and factory -built (modular) homes shall
be connected to either an approved public or private sewage disposal system. Private sewage
disposal systems are subject to permitting requirements of Chapter 30 of this Code, as
administered by the Department of Public Health and Environment. The home shall not be
occupied nor a final building approval or certificate of occupancy issued until the septic permit
has been given final approval by the Department of Public Health and Environment.
H. Temporary storage. A mobile or manufactured home receiving a zoning permit for temporary
storage shall only be required to be blocked and tied down. No utility hookups of any type,
including septic systems, shall be allowed.
ARTICLE VII - Mobile, Manufactured or Factory -Built (Modular) Home Permits
Amend Sec. 29-7-10. Permit required.
No mobile, manufactured or factory -built (modular) home, as defined in this Building Code,
may be located or relocated within the County without a building permit issued by the Building
Official.
Amend Sec. 29-7-20. Additions, alterations or repairs.
Mobile, mManufactured or factory -built (modular) homes to which additions, alterations or
repairs are made shall comply with all requirements of this Building Code. A separate building
permit shall be applied for as provided for in Article III of this Chapter.
Amend Sec. 29-7-30. Connection of two jLmobfle-or _ manufactured homes for human
habitation.
No more than two (2) mobile or manufactured homes may be connected or physically
attached. The following requirements shall be met:
Remainder of Section - No change.
i
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Amend Sec. 29-7-40. Application.
Each application for a permit, with the required fee, shall be filed with the Building Inspection
Department on a form furnished for that purpose. The applicant shall give a description of the
home, including make, model, year, serial number and size, the mobile, manufactured or; factory -
built (modular) home certification number, if any, issued by any state or by the United States, and
a description of the type of foundation to be used. The applicant shall also list the location,
ownership and use of the land on which the home is to be placed. The application shall be signed
by the property owner or an authorized agent. For additional requirements, see Sections 29-3-
110 through 29-3-190 of this Chapter.
Amend Sec. 29-7-60. Zoning compliance.
Prior to the release of a mobile, manufactured or factory -built (modular) home permit, the
Department of Planning Services will review the application for the permit and all pertinent
submittals to check compliance with Chapters 23 and 24 of this code, and any other applicable
rules and regulations. Upon approval from the Department of Planning Services, the permit
application shall be given to the Building Official for review and issuance.
Amend Sec. 29-7-80. Fees.
Any person desiring a permit for a mobile, manufactured or factory -built (modular) home
required by this Building Code shall, at the time of filing an application therefor, pay a fee to the
Building Inspection Department as established by the Board of county commissioners in Chapter
5 of this code.
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Amend Sec. 29-7-120. Required inspections.
Setbacks, foundation, underground inspections, electrical, mechanical, heating, plumbing,
skirting, grading, steps and landings, final septic and final approval inspections conducted
pursuant to this Building Code shall be required of all mobile, manufactured and factory -built
(modular) homes.
BE IT FURTHER ORDAINED by the Board that the Clerk to the Board be, and hereby is,
directed to arrange for Municode to supplement the Weld County code with the amendments
contained herein, to coincide with chapters, articles, divisions, sections, and subsections as they
currently exist within said Code; and to resolve any inconsistencies regarding capitalization,
grammar, and numbering or placement of chapters, articles, divisions, sections, and subsections
in said Code.
BE IT FURTHER ORDAINED by the Board, if any section, subsection, paragraph, sentence,
clause, or phrase of this Ordinance is for any reason held or decided to be unconstitutional, such
decision shall not affect the validity of the remaining portions hereof. The Board of County
Commissioners hereby declares that it would have enacted this Ordinance in each and every
section, subsection, paragraph, sentence, clause, and phrase thereof irrespective of the fact that
any one or more sections, subsections, paragraphs, sentences, clauses, or phrases might be
declared to be unconstitutional or invalid.
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i
The above and foregoing Ordinance Number 2019-02 was, on motion duly made and
seconded, adopted by the following vote on the 10th day of July, A.D., 2019.
ATTEST:
Weld County Clerk to the Board
BY:
Deputy Clerk to the Board
APPROVED AS TO FORM:
County Attorney
Date of signature:
Publication:
First Reading:
Publication:
Second Reading:
Publication:
Final Reading:
Publication:
Effective:
March 6, 2019
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Barbara Kirkmeyer, Chair
Mike Freeman, Pro-Tem
Sean P. Conway
Scott K. James
Steve Moreno
April 29, 2019
May 15, 2019, in the Greeley Tribune
June 10, 2019
June 19, 2019, in the Greeley Tribune
July 10, 2019
July 19, 2019, in the Greeley Tribune
July 25, 2019
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Hello